Francis, R (on the application of) v Secretary of State for Justice & Anor [2011] EWHC 1271 (Admin) (20 May 2011)

Francis, R (on the application of) v Secretary of State for Justice & Anor [2011] EWHC 1271 (Admin) (20 May 2011)

The refusal to release the claimant on HDC was not unlawful as the IS 91 precluded her release into the community, and her continued detention was pursuant to a lawful sentence or immigration powers. The error in PSO 4630 was material and required a declaration of unlawfulness, but no damages or further relief were warranted.

Citation
[2011] EWHC 1271 (Admin)
Parties
Claimant: Diana Francis; Defendant: HMP Bronzefield; Defendant: Secretary of State for Justice; Defendant: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
20 May 2011
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed except for declaration regarding PSO 4630.
Legal Topics
Home Detention Curfew, Deportation of Foreign Nationals, Article 5 ECHR, Article 8 ECHR, Article 14 ECHR, False Imprisonment, Prison Service Orders, Judicial Review
Public Law Prison Law Immigration Law Human Rights Home Detention Curfew Deportation of Foreign Nationals Article 5 ECHR Article 8 ECHR +4 more

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Parties

Diana Francis

Claimant

HMP Bronzefield

Defendant

Secretary of State for Justice

Defendant

Secretary of State for the Home Department

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether PSO 4630 guidance is wrong in law regarding HDC eligibility for foreign prisoners with IS 91.
  2. 2 Whether the refusal to release the claimant on HDC was unlawful.
  3. 3 Whether the claimant's detention after statutory HDC eligibility amounted to false imprisonment or breach of Article 5.

Ratio Decidendi

The refusal to release the claimant on HDC was not unlawful as the IS 91 precluded her release into the community, and her continued detention was pursuant to a lawful sentence or immigration powers. The error in PSO 4630 was material and required a declaration of unlawfulness, but no damages or further relief were warranted.

Court Disposition

Claim dismissed except for declaration regarding PSO 4630.

Orders

  • Declaration that the relevant part of PSO 4630 is wrong in law.