Wilson, R (on the application of) v The Independent Adjudicator & Anor

Wilson, R (on the application of) v The Independent Adjudicator & Anor

The common law defence of duress is not generally available to disciplinary offences under the Young Offender Institution Rules unless expressly provided. The disciplinary offences are not criminal offences for the purposes of domestic substantive law, and Article 6 ECHR does not require the application of substantive criminal law defences to such proceedings.

Parties
Claimant: Ryan Wilson; Defendant: The Independent Adjudicator; Interested Party: The Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
05 February 2016
Procedural Posture
Judicial Review / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Prison Disciplinary Proceedings, Availability of Common Law Defences, Duress, Article 6 ECHR, Statutory Construction
Prison Law Administrative Law Criminal Law Prison Disciplinary Proceedings Availability of Common Law Defences Duress Article 6 ECHR Statutory Construction

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Parties

Ryan Wilson

Claimant

The Independent Adjudicator

Defendant

The Secretary of State for Justice

Interested Party

Procedural Posture

Judicial Review / High Court Judgment

Legal Issues

  1. 1 Is the common law defence of duress available in prison disciplinary proceedings under the Young Offender Institution Rules?
  2. 2 Does Article 6 ECHR require the application of substantive criminal law defences to disciplinary offences adjudicated by the Independent Adjudicator?

Ratio Decidendi

The common law defence of duress is not generally available to disciplinary offences under the Young Offender Institution Rules unless expressly provided. The disciplinary offences are not criminal offences for the purposes of domestic substantive law, and Article 6 ECHR does not require the application of substantive criminal law defences to such proceedings.

Court Disposition

Claim dismissed