O'Neil, R (on the application of) v Independent Adjudicator & Anor

O'Neil, R (on the application of) v Independent Adjudicator & Anor

Non-production of the physical evidence (aerial) did not render the adjudicator's findings unlawful or irrational as the adjudicator considered the absence, the claimant was represented, and there was sufficient evidence to support the findings; no injustice occurred and no error of law or misdirection was established.

Parties
Claimant: Anthony O'Neil; Defendant: An Independent Adjudicator; Interested Party: Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
03 June 2008
Procedural Posture
Judicial Review / Judgment
Outcome
Claim dismissed
Legal Topics
Prison Discipline, Possession of Unauthorised Articles, Procedural Fairness, Judicial Review of Disciplinary Decisions
Prison Law Administrative Law Prison Discipline Possession of Unauthorised Articles Procedural Fairness Judicial Review of Disciplinary Decisions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Anthony O'Neil

Claimant

An Independent Adjudicator

Defendant

Secretary of State for Justice

Interested Party

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether failure to produce physical evidence (mobile phone aerial) at a prison disciplinary hearing invalidates the adjudicator's findings
  2. 2 Whether the adjudicator misdirected herself as to the requirements for proof of possession

Ratio Decidendi

Non-production of the physical evidence (aerial) did not render the adjudicator's findings unlawful or irrational as the adjudicator considered the absence, the claimant was represented, and there was sufficient evidence to support the findings; no injustice occurred and no error of law or misdirection was established.

Court Disposition

Claim dismissed

Orders

  • Judicial review claim dismissed
  • Assessment of claimant's costs for public funding