Kane, R (On the Application Of) v The Independent Adjudicator

Kane, R (On the Application Of) v The Independent Adjudicator

The Independent Adjudicator was under no legal duty to inquire into the reasons for referral by the Prison Governor and acted lawfully in proceeding with the adjudication; the finding of assault was supported by the facts and the only reasonable inference was that the victim apprehended violence; reliance on the...

Source-derived case information.

Parties
Claimant: Peter Kane; Defendant: The Independent Adjudicator; Interested Party: The Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
23 March 2021
Procedural Posture
Judicial Review / Permission Application (renewed)
Outcome
Permission to apply for judicial review refused
Legal Topics
Judicial Review, Prison Discipline, Procedural Fairness, Sanctions Guidance
Prison Law Administrative Law Judicial Review Prison Discipline Procedural Fairness Sanctions Guidance

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Peter Kane

Claimant

The Independent Adjudicator

Defendant

The Secretary of State for Justice

Interested Party

Procedural Posture

Judicial Review / Permission Application (renewed)

Legal Issues

  1. 1 Whether the Independent Adjudicator acted unlawfully in refusing to dismiss disciplinary proceedings due to insufficient reasons for referral by the Prison Governor
  2. 2 Whether the finding of assault was unlawful due to lack of explicit finding of apprehension of violence
  3. 3 Whether reliance on unpublished Guidance on sanctions was unlawful

Ratio Decidendi

The Independent Adjudicator was under no legal duty to inquire into the reasons for referral by the Prison Governor and acted lawfully in proceeding with the adjudication; the finding of assault was supported by the facts and the only reasonable inference was that the victim apprehended violence; reliance on the Guidance on sanctions was not unlawful as it was not secret, was available to the Claimant's solicitor, and there was no evidence it materially influenced the sanction.

Court Disposition

Permission to apply for judicial review refused

Orders

  • Permission to apply for judicial review be refused.
  • The Claimant shall pay the Interested Party’s costs of preparing the Acknowledgement of Service, subject to costs protection under section 26 of the Legal Aid Sentencing and Punishment of Offenders Act 2012.