Gordon-Jones, R (on the application of) v The Secretary of State for Justice & Ano

Gordon-Jones, R (on the application of) v The Secretary of State for Justice & Ano

The inclusion of books within the Incentives and Earned Privileges Scheme (IEP) under PSI 30/2013 is unlawful because it imposes severe and unjustified restrictions on prisoners' ability to possess and receive books, contrary to the stated rehabilitative purpose and ministerial intention. Access through the library is not a sufficient substitute for personal possession, and the policy's effect undermines its lawful objectives. The restrictions go beyond what is required for security, volumetric control, or reasonable parcel limits.

Parties
Claimant: Barbara Gordon-Jones; First Defendant: The Secretary of State for Justice; Second Defendant: The Governor of HM Prison Send
Jurisdiction
England and Wales
Judgment Date
05 December 2014
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim allowed in part; PSI 30/2013 is unlawful insofar as it includes books within the IEP scheme.
Legal Topics
Prisoner Rights, Access to Books, Incentives and Earned Privileges Scheme (iep), Policy Lawfulness, Discretionary Powers, Equality Duty
Constitutional Law Prison Law Administrative Law Prisoner Rights Access to Books Incentives and Earned Privileges Scheme (iep) Policy Lawfulness Discretionary Powers +1 more

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Parties

Barbara Gordon-Jones

Claimant

The Secretary of State for Justice

First Defendant

The Governor of HM Prison Send

Second Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the inclusion of books in the Incentives and Earned Privileges Scheme (IEP) under PSI 30/2013 is lawful
  2. 2 Whether the restrictions on prisoners receiving and possessing books are justified and proportionate
  3. 3 Whether the policy unlawfully fetters the discretion of prison governors

Ratio Decidendi

The inclusion of books within the Incentives and Earned Privileges Scheme (IEP) under PSI 30/2013 is unlawful because it imposes severe and unjustified restrictions on prisoners' ability to possess and receive books, contrary to the stated rehabilitative purpose and ministerial intention. Access through the library is not a sufficient substitute for personal possession, and the policy's effect undermines its lawful objectives. The restrictions go beyond what is required for security, volumetric control, or reasonable parcel limits.

Court Disposition

Claim allowed in part; PSI 30/2013 is unlawful insofar as it includes books within the IEP scheme.

Orders

  • Books must be removed from the list of items treated as privileges under the IEP scheme.
  • Books must be excluded from the items that cannot be sent or brought in, subject to volumetric and security controls.