Lashley, R (on the application of) v An Independent Adjudicator & Anor

Lashley, R (on the application of) v An Independent Adjudicator & Anor

The District Judge was entitled to find the charge proved based on clear CCTV evidence, and refusal to adjourn for a more experienced representative was not procedurally unfair given the circumstances.

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 / Judgment After Expedited Inter Partes Hearing
Outcome
Application for judicial review refused
Legal Topics
Prison Discipline, Judicial Review, Procedural Fairness, Adjournment of Hearings
Criminal Law Prison Law Administrative Law Prison Discipline Judicial Review Procedural Fairness Adjournment of Hearings

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Parties

Sean Lashley

Claimant

An Independent Adjudicator

First Defendant

Secretary of State for Justice

Second Defendant

Procedural Posture

Judicial Review / Judgment After Expedited Inter Partes Hearing

Legal Issues

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

Ratio Decidendi

The District Judge was entitled to find the charge proved based on clear CCTV evidence, and refusal to adjourn for a more experienced representative was not procedurally unfair given the circumstances.

Court Disposition

Application for judicial review refused