Haase) R (on the application of) v Independent Adjudicator & Anor [2008] EWCA Civ 1089 (14 October 2008)

Article 6(1) ECHR does not impose a general requirement of prosecutorial independence and impartiality; fairness is achieved if the tribunal is independent and impartial. The current prison disciplinary system is not institutionally incompatible with Article 6(1).

Citation: [2008] EWCA Civ 1089
Parties: Claimant/appellant: John Haase; Defendant: Independent Adjudicator; Interested Party/respondent: Secretary of State for Justice
Jurisdiction: England and Wales
Judgment Date: 14 October 2008
Procedural Posture: Judicial Review (administrative Court) Appeal / Court of Appeal (civil Division) Appeal From Queen's Bench Division
Outcome: Appeal dismissed
Legal Topics: Article 6 ECHR, Right to Fair Trial, Independence and Impartiality of Tribunal, Prosecutorial Independence, Prison Disciplinary Proceedings

Human Rights Law Prison Law Criminal Procedure Article 6 ECHR Right to Fair Trial Independence and Impartiality of Tribunal Prosecutorial Independence Prison Disciplinary Proceedings

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Parties

John Haase

Claimant/appellant

Independent Adjudicator

Defendant

Secretary of State for Justice

Interested Party/respondent

Procedural Posture

Judicial Review (administrative Court) Appeal / Court of Appeal (civil Division) Appeal From Queen's Bench Division

Legal Issues

1 Does Article 6(1) ECHR require prosecutorial independence and impartiality in prison disciplinary proceedings?
2 Is the current system of prison disciplinary hearings institutionally incompatible with Article 6(1) ECHR?

Ratio Decidendi

Court Disposition

Appeal dismissed