Source: All England Reporter
Publisher Citation: [2004] All ER (D) 188 (Mar)
Court: Administrative Court
Judge:

Collins J
Representation Arthur Blake (instructed by Carter Moore, Manchester) for the claimant.
  Catherine Callaghan (instructed by the Treasury Solicitor) for the defendant.
Judgment Dates: 10 March 2004

Catchwords

Prisons - Prisoner - Sex offender - Incentives and earned privileges scheme - Requirements to obtain enhanced level - Partial admission of guilt - Suitability for sexual offenders treatment program - Pending application for case to be referred back to Court of Appeal.

The Case

The claimant prisoner's application for judicial review of the defendant prison governor's decision not to increase the claimant's level of privileges to an enhanced status was unsuccessful. The claimant had made a partial admission of guilt, but had been deemed unsuitable for a Sexual Offenders Treatment Program (SOPT). Although there was a degree of flexibility as to deciding an SOPT was appropriate for prisoners who had partially admitted their guilt, in the instant case the defendant had been entitled to regard the failure of the claimant to undergo an SOTP as fatal.

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