Brooks, R (on the application of) v The Independent Adjudicator & Anor [2016] EWCA Civ 1033 (28 October 2016)

Brooks, R (on the application of) v The Independent Adjudicator & Anor [2016] EWCA Civ 1033 (28 October 2016)

Detention of the claimant for additional days was lawful under domestic statute and a judicial act within jurisdiction; subsequent quashing did not render the detention retrospectively unlawful or in breach of Article 5 ECHR. The Secretary of State was obliged to comply with the adjudicator's award until quashed, and no damages are payable for the period of detention.

Citation
[2016] EWCA Civ 1033
Parties
Claimant/respondent: Matthew Brooks; Defendant: The Independent Adjudicator; Interested Party/appellant: Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
28 October 2016
Procedural Posture
Judicial Review Appeal / Court of Appeal (civil Division)
Outcome
Appeal allowed
Legal Topics
Article 5 ECHR, False Imprisonment, Judicial Review, Detention, Young Offender Institution Discipline
Human Rights Administrative Law Prison Law Article 5 ECHR False Imprisonment Judicial Review Detention Young Offender Institution Discipline

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Parties

Matthew Brooks

Claimant/respondent

The Independent Adjudicator

Defendant

Secretary of State for Justice

Interested Party/appellant

Procedural Posture

Judicial Review Appeal / Court of Appeal (civil Division)

Legal Issues

  1. 1 Whether detention following quashed disciplinary award breached Article 5 ECHR
  2. 2 Whether detention was unlawful under Human Rights Act 1998
  3. 3 Whether quashing order rendered detention void ab initio

Ratio Decidendi

Detention of the claimant for additional days was lawful under domestic statute and a judicial act within jurisdiction; subsequent quashing did not render the detention retrospectively unlawful or in breach of Article 5 ECHR. The Secretary of State was obliged to comply with the adjudicator's award until quashed, and no damages are payable for the period of detention.

Court Disposition

Appeal allowed

Orders

  • Declaration that detention was not unlawful
  • No damages payable for the period of additional detention