Ates, R (on the application of) v Governor of HMP Verne
The decision to refuse recategorisation was not irrational or unlawful as the claimant's minimisation of his role in the offence was a relevant factor in risk assessment, and there was no impasse of the defendant's making. The means of demonstrating a reduction in risk were not put beyond the claimant by the defendant.
Source-derived case information.
- Parties
- Claimant: Turkay Ates; Defendant: Governor of HMP Verne
- Jurisdiction
- England and Wales
- Judgment Date
- 23 February 2011
- Procedural Posture
- Judicial Review / Judgment on Substantive Application
- Outcome
- Application refused
- Legal Topics
- Prisoner Categorisation, Judicial Review, Risk Assessment, Recategorisation Procedures
Source-derived case record
Summary, issues, holding and outcome
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Parties
Turkay Ates
Claimant
Governor of HMP Verne
Defendant
Procedural Posture
Judicial Review / Judgment on Substantive Application
Legal Issues
- 1 Whether the refusal to recategorise the claimant from Category C to Category D was irrational or unlawful due to reliance on static risk of harm and inability to reduce risk further
Ratio Decidendi
The decision to refuse recategorisation was not irrational or unlawful as the claimant's minimisation of his role in the offence was a relevant factor in risk assessment, and there was no impasse of the defendant's making. The means of demonstrating a reduction in risk were not put beyond the claimant by the defendant.
Court Disposition
Application refused
Orders
- Application for judicial review refused
- Claimant to pay defendant's costs, amount to be determined by a District Judge
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