header-logo header-logo

22 January 2010
Issue: 7401 / Categories: Case law , Law digest
printer mail-detail

Prisoner

R (on the application of KB (a child, by his litigation friend LW) v Secretary of State for Justice [2010] EWHC 15 (Admin); [2010] All ER (D) 59 (Jan)

Section 47(1) of the Prison Act 1952 contained two limbs. The first limb had rules “for the regulation and management of prisons”. The second limb had rules “for the classification … discipline and control of persons detained therein”. The first limb of s 47(1) could scarcely intend that rules made by the secretary of state were exhaustive of all matters of “regulation and management”.

The word “management”, in particular, was very wide and there would have to be matters of management which might lawfully be prescribed at a local level outside the provisions of the rules, provided they did not conflict with any express provision of the rules. Section 47(2) required that rules make provision, cumulatively, for: (i) a prescribed and identifiable process of charge; for (ii) a prescribed and identified offence; with (iii) a prescribed proper opportunity for a person charged to present his case.

 

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll