Mackenzie, R (on the application of) v HM Prison Wakefield Governor

Mackenzie, R (on the application of) v HM Prison Wakefield Governor

The policy of night-time inspections does not breach Article 3 ECHR as it does not reach the threshold of inhuman or degrading treatment. The policy, as applied and with measures to minimise disturbance, does not breach Article 8 ECHR as it is proportionate, necessary, and does not interfere with private life to the requisite extent, even for a vulnerable prisoner. The claim is dismissed.

Parties
Claimant: Mackenzie; Defendant: Governor HM Prison Wakefield
Jurisdiction
England and Wales
Judgment Date
22 June 2006
Procedural Posture
Judicial Review / Judgment
Outcome
Claim dismissed
Legal Topics
Article 3 ECHR, Article 8 ECHR, Prisoner Rights, Night Time Cell Checks, Proportionality
Human Rights Law Prison Law Article 3 ECHR Article 8 ECHR Prisoner Rights Night Time Cell Checks Proportionality

Case Brief

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Parties

Mackenzie

Claimant

Governor HM Prison Wakefield

Defendant

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether night-time inspections of category A prisoners breach Article 3 ECHR (prohibition of inhuman or degrading treatment)
  2. 2 Whether night-time inspections breach Article 8 ECHR (right to respect for private life)
  3. 3 Whether the policy should be flexibly applied to the claimant due to his health

Ratio Decidendi

The policy of night-time inspections does not breach Article 3 ECHR as it does not reach the threshold of inhuman or degrading treatment. The policy, as applied and with measures to minimise disturbance, does not breach Article 8 ECHR as it is proportionate, necessary, and does not interfere with private life to the requisite extent, even for a vulnerable prisoner. The claim is dismissed.

Court Disposition

Claim dismissed

Orders

  • Detailed assessment of costs granted to claimant's counsel