Practice and Procedure

R (on the application of ROBERT SHREEVE) v SECRETARY OF STATE FOR THE HOME DEPARTMENT (now SECRETARY OF STATE FOR JUSTICE) (2007)

PUBLISHED October 26, 2007
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[2007] EWHC 2431 (Admin)

A prison service area manager had erred in upholding a deputy prison governor's finding that an inmate was guilty of having an unauthorised article in his possession, namely a sharpened stabbing implement formed from a bamboo incense holder, because, amongst other matters, it had not been established that the holder had been "sharpened", as opposed to merely being "sharp", and the requisite elements of the offence, as specified in the Prison Discipline Manual, had not been proved to the required criminal standard.

QBD (Admin) (Munby J)

26/10/2007

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