Practice and Procedure

R (on the application of SMITH) v (1) INDEPENDENT ADJUDICATOR (2) SECRETARY OF STATE FOR JUSTICE (2011)

PUBLISHED September 1, 2011
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[2011] EWHC 3981 (Admin)

The conviction of a prisoner for breaches of prison discipline was quashed as unfair where there had been non-compliance by the prison service with the prison discipline manual in the run-up to the hearing, particularly relating to the disclosure of the names of witnesses and their statements. In the context of hearings concerning prison discipline, the European Convention on Human Rights art.6(3) required the creation of a level playing field between prisoner and the state.

QBD (Admin) (Judge Purle QC)

01/09/2011

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