Odigie, R (on the application of) v Secretary of State for Justice [2013] EWHC 3795 (Admin) (04 December 2013)

Odigie, R (on the application of) v Secretary of State for Justice [2013] EWHC 3795 (Admin) (04 December 2013)

The transfer was a disciplinary transfer justified by undisputed facts and reliable security information. There was no requirement to complete adjudication or follow re-categorisation procedures. The process was fair and in accordance with PSO 4700 and established legal principles.

Citation
[2013] EWHC 3795 (Admin)
Parties
Claimant: Jude Odigie; Defendant: Serco Limited; Interested Party: Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
04 December 2013
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Claim dismissed
Legal Topics
Prisoner Transfer, Procedural Fairness, Judicial Review, Prison Service Orders, Disciplinary Transfers

Case Brief

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Parties

Jude Odigie

Claimant

Serco Limited

Defendant

Secretary of State for Justice

Interested Party

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

  1. 1 Whether the decision to transfer the claimant to a high security prison was unlawful due to procedural unfairness
  2. 2 Whether the defendant abused its powers in making the transfer without proper process

Ratio Decidendi

The transfer was a disciplinary transfer justified by undisputed facts and reliable security information. There was no requirement to complete adjudication or follow re-categorisation procedures. The process was fair and in accordance with PSO 4700 and established legal principles.

Court Disposition

Claim dismissed