G v Secretary of State for the Home Department [2006] EWCA Civ 919 (16 May 2006)

G v Secretary of State for the Home Department [2006] EWCA Civ 919 (16 May 2006)

Where a prisoner raises an arguable exceptional circumstance, such as a strong incentive not to escape due to protected witness status, the decision maker is legally required to consider whether this affects the necessity for the highest security categorisation. Failure to consider such a material factor renders the categorisation decision unlawful.

Citation
[2006] EWCA Civ 919
Parties
Claimant/appellant: G; Defendant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
16 May 2006
Procedural Posture
Judicial Review Appeal / Court of Appeal Judgment on Appeal From Administrative Court
Outcome
Appeal allowed; decision quashed
Legal Topics
Prisoner Categorisation, Judicial Review, Material Considerations in Administrative Decisions, Protected Witness Status, Prison Security Classification
Public Law Prison Law Administrative Law Prisoner Categorisation Judicial Review Material Considerations in Administrative Decisions Protected Witness Status Prison Security Classification

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Parties

G

Claimant/appellant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Judicial Review Appeal / Court of Appeal Judgment on Appeal From Administrative Court

Legal Issues

  1. 1 Whether the Prison Services Director was legally required to consider the reduced risk of escape due to the appellant's protected witness status when determining security categorisation
  2. 2 Whether motivation or incentive not to escape is a material consideration in categorisation decisions

Ratio Decidendi

Where a prisoner raises an arguable exceptional circumstance, such as a strong incentive not to escape due to protected witness status, the decision maker is legally required to consider whether this affects the necessity for the highest security categorisation. Failure to consider such a material factor renders the categorisation decision unlawful.

Court Disposition

Appeal allowed; decision quashed

Orders

  • The decision of the Prison Services Director maintaining the appellant's category A status is quashed.
  • The matter is remitted for reconsideration in accordance with the judgment.