Cross, R (on the application of) v HM YOI Thorn Cross

Cross, R (on the application of) v HM YOI Thorn Cross

The Governor was not required to examine the facts of the presumed unsuitable offence to determine whether exceptional circumstances existed. No circumstances in the claimant's case amounted to exceptional circumstances, and the application was dismissed.

Parties
Claimant: Stephen Cross; Defendant: Governor HM YOI Thorn Cross
Jurisdiction
England and Wales
Judgment Date
20 January 2004
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Application dismissed
Legal Topics
Home Detention Curfew, Exceptional Circumstances, Prison Policy, Judicial Review
Criminal Law Administrative Law Home Detention Curfew Exceptional Circumstances Prison Policy Judicial Review

Case Brief

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Parties

Stephen Cross

Claimant

Governor HM YOI Thorn Cross

Defendant

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the Governor was required to consider exceptional circumstances relating to the offence for Home Detention Curfew eligibility
  2. 2 Whether the facts of the claimant's offence amounted to exceptional circumstances justifying release under the Home Detention Curfew Scheme

Ratio Decidendi

The Governor was not required to examine the facts of the presumed unsuitable offence to determine whether exceptional circumstances existed. No circumstances in the claimant's case amounted to exceptional circumstances, and the application was dismissed.

Court Disposition

Application dismissed

Orders

  • Application for judicial review dismissed
  • Legal Aid assessment granted to claimant's advocate