Lake, R (on the application of) v The Governor HMP Highdown
The claimant was not deprived of the right to obtain the attendance of a witness because his solicitor did not seek to exercise that right; the adjudicator was entitled to rely on the solicitor's apparent decision and was not required to act of her own motion. The proceedings were fair and Article 6 was not infringed.
- Parties
- Claimant: Terry Lake; Defendant: The Governor, HMP Highdown; Defendant: The Independent Adjudicator; Defendant: The Secretary of State for Justice
- Jurisdiction
- England and Wales
- Judgment Date
- 20 December 2007
- Procedural Posture
- Judicial Review / Judgment
- Outcome
- Application for judicial review dismissed
- Legal Topics
- Prison Discipline, Right to Fair Trial, Witness Attendance, Article 6 ECHR
Case Brief
Summary, issues, holding and outcome
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Parties
Terry Lake
Claimant
The Governor, HMP Highdown
Defendant
The Independent Adjudicator
Defendant
The Secretary of State for Justice
Defendant
Procedural Posture
Judicial Review / Judgment
Legal Issues
- 1 Whether the failure to secure attendance of a key witness rendered the disciplinary proceedings unfair
- 2 Whether the claimant's Article 6 rights were infringed
Ratio Decidendi
The claimant was not deprived of the right to obtain the attendance of a witness because his solicitor did not seek to exercise that right; the adjudicator was entitled to rely on the solicitor's apparent decision and was not required to act of her own motion. The proceedings were fair and Article 6 was not infringed.
Court Disposition
Application for judicial review dismissed
Orders
- The application for judicial review is dismissed
Full Case Text
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