Robinson, R (on the application of) v HMP Whatton & Anor [2013] EWHC 3777 (Admin) (04 December 2013)

Robinson, R (on the application of) v HMP Whatton & Anor [2013] EWHC 3777 (Admin) (04 December 2013)

There is a continuing breach of the James public law duty by the Secretary of State due to insufficient provision of ESOTP courses for IPP prisoners, but the breach does not render the claimants' continued detention arbitrary under Article 5(1)(a) ECHR nor does it entitle them to a declaration; allocation of resources and prioritisation criteria are not irrational.

Citation
[2013] EWHC 3777 (Admin)
Parties
Claimant: Andrew Robinson; Claimant: Geoffrey Massey; Defendant: Governor of HMP Whatton; Defendant: Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
04 December 2013
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claims dismissed
Legal Topics
Indeterminate Sentences for Public Protection (ipp), Provision of Prison Courses, Allocation of Prison Resources, Article 5 ECHR, Article 8 ECHR, Parole Board Reviews
Public Law Human Rights Prison Law Indeterminate Sentences for Public Protection (ipp) Provision of Prison Courses Allocation of Prison Resources Article 5 ECHR Article 8 ECHR +1 more

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Parties

Andrew Robinson

Claimant

Geoffrey Massey

Claimant

Governor of HMP Whatton

Defendant

Secretary of State for Justice

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Secretary of State breached the public law duty to make reasonable provision for IPP prisoners to demonstrate their safety for release
  2. 2 Whether allocation of resources for prison courses was irrational or breached public law duty
  3. 3 Whether delays in access to ESOTP rendered post-tariff detention arbitrary and in breach of Article 5(1)(a) ECHR

Ratio Decidendi

There is a continuing breach of the James public law duty by the Secretary of State due to insufficient provision of ESOTP courses for IPP prisoners, but the breach does not render the claimants' continued detention arbitrary under Article 5(1)(a) ECHR nor does it entitle them to a declaration; allocation of resources and prioritisation criteria are not irrational.

Court Disposition

Claims dismissed