Haase) R (on the application of) v Independent Adjudicator & Anor

Haase) R (on the application of) v Independent Adjudicator & Anor

Article 6(1) ECHR does not impose a general requirement of prosecutorial independence and impartiality. The fairness of proceedings is ensured by the independence and impartiality of the tribunal. The current system of prison disciplinary hearings is not institutionally incompatible with Article 6(1).

Parties
Claimant/appellant: The Queen (on the application of 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 / Prison Disciplinary Appeal / Appeal From Administrative Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Article 6 ECHR, Right to Fair Trial, Independence and Impartiality of Tribunal, Prosecutorial Independence, Prison Disciplinary Proceedings
Constitutional Law Criminal Law Human Rights Article 6 ECHR Right to Fair Trial Independence and Impartiality of Tribunal Prosecutorial Independence Prison Disciplinary Proceedings

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Parties

The Queen (on the application of John Haase)

Claimant/appellant

Independent Adjudicator

Defendant

Secretary of State for Justice

Interested Party/respondent

Procedural Posture

Judicial Review / Prison Disciplinary Appeal / Appeal From Administrative Court to Court of Appeal

Legal Issues

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

Ratio Decidendi

Article 6(1) ECHR does not impose a general requirement of prosecutorial independence and impartiality. The fairness of proceedings is ensured by the independence and impartiality of the tribunal. The current system of prison disciplinary hearings is not institutionally incompatible with Article 6(1).

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; no general requirement for prosecutorial independence and impartiality under Article 6(1) ECHR in prison disciplinary proceedings.