Lashley, R (on the application of) v An Independent Adjudicator & Anor [2008] EWHC 1853 (Admin) (18 July 2008)

The adjudicator was entitled to find guilt based on clear CCTV evidence and did not err substantively or procedurally; refusal to adjourn was justified.

Citation: [2008] EWHC 1853 (Admin)
Parties: Claimant: Sean Lashley; First Defendant: An Independent Adjudicator; Second Defendant: Secretary of State for Justice
Jurisdiction: England and Wales
Judgment Date: 18 July 2008
Procedural Posture: Judicial Review / Final Judgment
Outcome: Application for judicial review refused
Legal Topics: Prison Disciplinary Proceedings, Judicial Review, Adjournment Requests

Administrative Law Prison Law Prison Disciplinary Proceedings Judicial Review Adjournment Requests

Case Brief

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Parties

Sean Lashley

Claimant

An Independent Adjudicator

First Defendant

Secretary of State for Justice

Second Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

1 Whether the adjudicator's finding of guilt was reasonable to the criminal standard
2 Whether refusal to adjourn for more experienced representation was procedurally fair

Ratio Decidendi

The adjudicator was entitled to find guilt based on clear CCTV evidence and did not err substantively or procedurally; refusal to adjourn was justified.

Court Disposition

Application for judicial review refused