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Prisoners' Rights

Court of Appeal upholds decision on criminal records disclosure scheme

R (o.t.a P & others) v. Secretary of State for the Home Department & others [2017] EWCA Civ 321

The Court of Appeal of England and Wales has upheld an earlier ruling that the criminal records disclosure scheme was disproportionate and in breach of privacy rights under Article 8 ECHR

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Prisoners' Rights

Families of suicide victims lose judicial review

Families of suicide victims lose judicial review over their prison deaths

The relatives of two inmates who committed suicide in HMP Woodhill last July have lost their English High Court case calling for action to protect prisoners. 

The relatives claimed that the prison governor had not compiled fully with Prison Service Instructions (PSIs) which cover management of prisoners at risk of harm to themselves.  Since May 2013 18 prisoners have died by suicide at HMP Woodhill, a rate that the relatives argued was exceptionally high.

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Prisoners' Rights, Suicide

Prison authorities must reconsider their refusal to grant inmate’s request for a laptop

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Prisoners' Rights

Prison policy of filming forced strip searches breaches ECHR

On 15th March 2016, Mr Justice Treacy allowed a judicial review which challenged the Prison Service Policy that permits forced strip searches to be recorded and retained for a period of six years. 

Rule 16 of the Prison and Young Offenders’ Centre Rules (NI) 1996 permits forcible searching where prisoners refuse to provide consent.  However, prisoners must not be required to undress in the sight of another prisoner or any person other than the officers conducting the search.

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ECHR Art. 8, Local Developments, Prisoners' Rights

Court of Appeal rules that Smoking Ban does not apply to prisons

On the 8th March 2016 the Court of Appeal of England and Wales decided that the smoking ban does not apply to prisons. 

A prison inmate sought to challenge the Secretary of State’s decision to refuse to provide access to the NHS Smoke-Free Compliance Line at HMP Wymott, a state-run prison in which he was detained. 

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Prisoners' Rights

Scottish Court refuses prisoner’s petition for judicial review

Hands v Scottish Ministers (2016) CSOH 9

The Scottish Court of Sessions has refused permission for a judicial review brought by a convicted murderer against decisions made by the Scottish Prison Service (SPS) about his prison conditions and supervision level.

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Prisoners' Rights

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