Green, R (on the application of) v HM Prison Risley & Anor

Green, R (on the application of) v HM Prison Risley & Anor

The prison authorities were entitled to regard the claimant's failure to attend the Sex Offender Treatment Programme, due to his denial of guilt, as fatal to his application for enhanced status. There was no unfairness or irrationality in the scheme or its application to the claimant, and all requirements for enhanced status must generally be fulfilled.

Parties
Claimant: Peter Green; Defendant: Governor of HMP Risley; Defendant: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
10 March 2004
Procedural Posture
Judicial Review / Judgment
Outcome
Claim refused
Legal Topics
Incentives and Earned Privileges Scheme, Sex Offender Treatment Programme, Denial of Guilt and Prison Privileges, Judicial Review of Prison Decisions
Prison Law Administrative Law Incentives and Earned Privileges Scheme Sex Offender Treatment Programme Denial of Guilt and Prison Privileges Judicial Review of Prison 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 3 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Peter Green

Claimant

Governor of HMP Risley

Defendant

Secretary of State for the Home Department

Defendant

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether refusal to grant enhanced status due to failure to attend Sex Offender Treatment Programme (SOTP) is lawful
  2. 2 Whether denial of guilt can lawfully bar a prisoner from enhanced status under the Incentives and Earned Privileges Scheme

Ratio Decidendi

The prison authorities were entitled to regard the claimant's failure to attend the Sex Offender Treatment Programme, due to his denial of guilt, as fatal to his application for enhanced status. There was no unfairness or irrationality in the scheme or its application to the claimant, and all requirements for enhanced status must generally be fulfilled.

Court Disposition

Claim refused

Orders

  • Claim for judicial review is refused
  • Detailed assessment of claimant's legal costs granted