H, R (on the application of) v Secretary of State for Justice

H, R (on the application of) v Secretary of State for Justice

The appeal was declared academic because a third review had maintained the prisoner's Category A status, removing the factual basis for the dispute; the court declined to decide the issue in the absence of a live controversy.

Parties
Respondent/appellant: THE QUEEN ON THE APPLICATION OF H; Appellant/respondent: SECRETARY OF STATE FOR JUSTICE
Jurisdiction
England and Wales
Judgment Date
26 January 2009
Procedural Posture
Judicial Review / Appeal From Queen's Bench Division, Administrative Court
Outcome
appeal refused as academic
Legal Topics
Prisoner Categorisation, Oral Hearings, Judicial Review, Procedural Fairness
Public Law Prison Law Prisoner Categorisation Oral Hearings Judicial Review Procedural Fairness

Case Brief

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Parties

THE QUEEN ON THE APPLICATION OF H

Respondent/appellant

SECRETARY OF STATE FOR JUSTICE

Appellant/respondent

Procedural Posture

Judicial Review / Appeal From Queen's Bench Division, Administrative Court

Legal Issues

  1. 1 Whether a category A prisoner is entitled to an oral hearing before re-categorisation decision
  2. 2 Whether the appeal remains live or has become academic due to subsequent events

Ratio Decidendi

The appeal was declared academic because a third review had maintained the prisoner's Category A status, removing the factual basis for the dispute; the court declined to decide the issue in the absence of a live controversy.

Court Disposition

appeal refused as academic

Orders

  • Appellant’s application to proceed with the appeal refused