Chester, R (on the application of) v HM Prison Wakefield

Chester, R (on the application of) v HM Prison Wakefield

There was no real prospect of successfully challenging the Level 1 placement or the removal of photographs by way of judicial review; adequate reasons were given and the claim was out of time; internal procedures for photographs had not been exhausted.

Parties
Claimant: Peter Chester; Defendant: The Governor HM Prison Wakefield
Jurisdiction
England and Wales
Judgment Date
02 October 2009
Procedural Posture
Judicial Review / Permission Hearing
Outcome
Permission to seek judicial review refused.
Legal Topics
Article 8 ECHR, Safeguarding Children Policy, Judicial Review Procedure, Prisoner Rights
Public Law Human Rights Prison Law Article 8 ECHR Safeguarding Children Policy Judicial Review Procedure Prisoner Rights

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Parties

Peter Chester

Claimant

The Governor HM Prison Wakefield

Defendant

Procedural Posture

Judicial Review / Permission Hearing

Legal Issues

  1. 1 Whether the decision to place the claimant on Level 1 of the Safeguarding Children policy was unlawful
  2. 2 Whether the removal of the claimant’s personal photographs was unlawful
  3. 3 Whether the claimant exhausted internal prison procedures before seeking judicial review

Ratio Decidendi

There was no real prospect of successfully challenging the Level 1 placement or the removal of photographs by way of judicial review; adequate reasons were given and the claim was out of time; internal procedures for photographs had not been exhausted.

Court Disposition

Permission to seek judicial review refused.