Secretary of State for the Home Department v SP

Secretary of State for the Home Department v SP

Fairness requires that a child inmate in a Young Offender Institution facing removal to segregation for reasons of good order and discipline must be given an opportunity to make representations before the order is made, unless reasons of good order, discipline, urgency, or other relevant circumstances justify not doing so. This requirement is consistent with contemporary standards, the ethos of Prison Service Orders, and the paramount importance of safeguarding child welfare.

Parties
Appellant/defendant: Secretary of State for the Home Department; Respondent/claimant: S. P.
Jurisdiction
England and Wales
Judgment Date
21 December 2004
Procedural Posture
Judicial Review / Appeal From Administrative Court to Court of Appeal
Outcome
appeal dismissed
Legal Topics
Procedural Fairness, Segregation of Prisoners, Rights of Child Inmates, Natural Justice, Prison Administration
Public Law Prison Law Administrative Law Child Law Procedural Fairness Segregation of Prisoners Rights of Child Inmates Natural Justice +1 more

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Parties

Secretary of State for the Home Department

Appellant/defendant

S. P.

Respondent/claimant

Procedural Posture

Judicial Review / Appeal From Administrative Court to Court of Appeal

Legal Issues

  1. 1 Whether fairness requires that a child inmate be given an opportunity to make representations before being removed to segregation for good order and discipline under YOI Rule 49, unless urgency or other relevant circumstances exist.

Ratio Decidendi

Fairness requires that a child inmate in a Young Offender Institution facing removal to segregation for reasons of good order and discipline must be given an opportunity to make representations before the order is made, unless reasons of good order, discipline, urgency, or other relevant circumstances justify not doing so. This requirement is consistent with contemporary standards, the ethos of Prison Service Orders, and the paramount importance of safeguarding child welfare.

Court Disposition

appeal dismissed

Orders

  • Appellant's appeal dismissed.
  • Respondent's costs to be subject to detailed assessment in accordance with the Community Legal Services Costs Regulations.