G v Secretary of State for the Home Department

G v Secretary of State for the Home Department

Where a prisoner raises exceptional circumstances, such as a strong incentive not to escape due to protected witness status, the decision maker is required to address whether this constitutes exceptional circumstances under PSO1010 paragraph 1.3. Failure to consider this material factor renders the categorisation decision unlawful.

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 From Queen’s Bench Division, Administrative Court
Outcome
Appeal allowed; decision quashed
Legal Topics
Prisoner Categorisation, Judicial Review, Protected Witness Status, Material Considerations in Administrative Decisions
Public Law Prison Law Prisoner Categorisation Judicial Review Protected Witness Status Material Considerations in Administrative Decisions

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Parties

G

Claimant/appellant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Judicial Review / Appeal From Queen’s Bench Division, Administrative Court

Legal Issues

  1. 1 Whether the Prison Services Director of High Security was wrong in law not to consider the reduced risk of escape due to the appellant's status as a protected witness when deciding categorisation
  2. 2 Whether motivation or incentive not to escape is a material consideration in categorisation decisions

Ratio Decidendi

Where a prisoner raises exceptional circumstances, such as a strong incentive not to escape due to protected witness status, the decision maker is required to address whether this constitutes exceptional circumstances under PSO1010 paragraph 1.3. Failure to consider this material factor renders the categorisation decision unlawful.

Court Disposition

Appeal allowed; decision quashed

Orders

  • The decision of the Prison Services Director of High Security is quashed.
  • The matter is remitted for reconsideration in accordance with the judgment.