Dennehy, R (On the Application Of) v Secretary of State for Justice

Dennehy, R (On the Application Of) v Secretary of State for Justice

The Claimant's segregation was unlawful between 21 September 2013 and 4 September 2015 as it was not authorised in accordance with the Prison Rules, but was not procedurally unfair, did not breach Articles 3 or 14, and was reasonable and proportionate at all material times. Article 8 was breached only for the period of unlawful segregation due to lack of compliance with law, but not otherwise.

Parties
Claimant: Joanne Dennehy; First Defendant: Secretary of State for Justice; Second Defendant: Sodexo Limited
Jurisdiction
England and Wales
Judgment Date
26 May 2016
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed save for declaration
Legal Topics
Segregation of Prisoners, Procedural Fairness, Article 3 ECHR, Article 8 ECHR, Article 14 ECHR, Irrationality, Remedies Under HRA
Public Law Human Rights Prison Law Segregation of Prisoners Procedural Fairness Article 3 ECHR Article 8 ECHR Article 14 ECHR +2 more

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Parties

Joanne Dennehy

Claimant

Secretary of State for Justice

First Defendant

Sodexo Limited

Second Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Claimant's segregation was lawfully authorised under the Prison Rules
  2. 2 Whether the Claimant's segregation was procedurally unfair
  3. 3 Whether the Claimant's segregation breached Article 3 (inhuman or degrading treatment)

Ratio Decidendi

The Claimant's segregation was unlawful between 21 September 2013 and 4 September 2015 as it was not authorised in accordance with the Prison Rules, but was not procedurally unfair, did not breach Articles 3 or 14, and was reasonable and proportionate at all material times. Article 8 was breached only for the period of unlawful segregation due to lack of compliance with law, but not otherwise.

Court Disposition

Claim dismissed save for declaration

Orders

  • Declaration that the Claimant's segregation was unlawful between 21 September 2013 and 4 September 2015 as it was not in accordance with the Prison Rules