England and Wales Case Law

The Howard League for Penal Reform, R (on the application of) v The Secretary of State for Justice

The High Court dismissed a judicial review challenge to the limited rollout of PAVA spray in three Young Offender Institutions, finding no breach of equality or inquiry duties.

• Public sector equality duty
• Use of force in custody
• Disproportionality
• Safeguarding
• Tameside duty
• Process rationality

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Pounder, R (on the application of) v HM Coroner for the North and South Districts of Durham and Darlington

Pounder, R (on the application of) v HM Coroner for the North and South Districts of Durham and Darlington [2009] EWHC 76 (Admin) (22 January 2009)

The High Court quashed a coroner’s inquest verdict after ruling that legality of restraint on a child detainee had to be determined for a proper Article 2 investigation.

• Use of force in custody
• Restraint of children
• Article 2 echr investigative duty
• Article 3 echr prohibition of degrading treatment
• Interpretation of statutory powers
• Coroners' inquests

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C, R (on the application of) v Secretary of State for Justice

The Court of Appeal quashed 2007 rules extending restraint in secure training centres to good order and discipline, citing unlawful consultation failures and ECHR breaches.

• Delegated legislation
• Consultation requirements
• Race equality impact assessment
• Use of force in custody
• Children's rights
• European convention on human rights (echr)

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