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Law Reports

04 December 2008
Issue: 7348 / Categories: Features , Public , Human rights
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Edited by the All England Law Reporters

Prisoner—Near death in custody—Circumstances into which investigation into near death required

R (on the application of JL) v Secretary of State for the Home Department [2008] UKHL 68, [2008] All ER (D) 256 (Nov)

House of Lords, Lord Phillips, Lord Rodger, Lord Walker, Lord Brown and Lord Mance, 26 November 2008

Not every investigation into a near-death suicide attempt in custody was required, in order to comply with art 2 of the European Convention on Human Rights, to amount to that set out in R (on the application of D) v Secretary of State for the Home Department [2006] 3 All ER 946 (a D type investigation).

Nigel Giffin QC, Philip Sales QC and Cecelia Ivimy (instructed by the Treasury Solicitors) for the secretary of state. Ben Emmerson QC and Kristina Stern (instructed by Bindman & Partners) for the claimant. Heather Williams QC and Raza Husain (instructed by the Equality and Human Rights Commission) for the interveners, the Equality and Human Rights Commissioners.

In July 2002, the claimant was remanded in custody to a young off ender institution pursuant

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