Mackenzie, R (on the application of) v HM Prison Wakefield Governor [2006] EWHC 1746 (Admin) (22 June 2006)

Mackenzie, R (on the application of) v HM Prison Wakefield Governor [2006] EWHC 1746 (Admin) (22 June 2006)

The policy of night-time inspections does not breach Article 3 as it does not reach the threshold of inhuman or degrading treatment. Nor does it breach Article 8, as the interference is lawful, proportionate, and necessary for security, and measures are in place to minimize adverse effects. The policy is not...

Source-derived case information.

Citation
[2006] EWHC 1746 (Admin)
Parties
Claimant: Mackenzie; Defendant: Governor HM Prison Wakefield
Jurisdiction
England and Wales
Judgment Date
22 June 2006
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Article 3 ECHR, Article 8 ECHR, Prisoner Rights, Night Time Cell Checks, Proportionality, Degrading Treatment
Human Rights Law Prison Law Administrative Law Article 3 ECHR Article 8 ECHR Prisoner Rights Night Time Cell Checks Proportionality +1 more

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Summary, issues, holding and outcome

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Parties

Mackenzie

Claimant

Governor HM Prison Wakefield

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether night-time cell inspections of a vulnerable category A prisoner breach Article 3 (prohibition of inhuman or degrading treatment) or Article 8 (right to private life) of the ECHR
  2. 2 Whether the policy is disproportionate or inflexible in its application to the claimant

Ratio Decidendi

The policy of night-time inspections does not breach Article 3 as it does not reach the threshold of inhuman or degrading treatment. Nor does it breach Article 8, as the interference is lawful, proportionate, and necessary for security, and measures are in place to minimize adverse effects. The policy is not inflexible and can be reconsidered in rare cases with strong evidence, but not in this case.

Court Disposition

Claim dismissed

Orders

  • Claim for judicial review dismissed
  • Application for detailed assessment of costs granted to claimant's counsel