||All England Reporter
|| All ER (D) 383 (Nov)
||Queen's Bench Division, Administrative Court
||Hugh Southey (instructed by Fisher Meredith) for the claimants.
||Parishil Patel (instructed by the Treasury Solicitor) for the Secretary of State.
||23 November 2007
Prison - Prisoner - Inhuman or degrading treatment - Prisoners being admitted to hospital for medical treatment - Prisoner being handcuffed whilst being conveyed to hospital - Prisoners being handcuffed whilst treatment being administered - Whether Secretary of State's decision lawful - European Convention on Human Rights, art 3.
PrisonPrisoner. The unnecessary use of handcuffing on prisoners who were either in or out patients was capable of infringing art 3 of the European Convention on Human Rights. A dying prisoner properly assessed as not posing a risk of escape, could properly contend that it was an infringement of his right under art 3 of the Convention to be handcuffed. The assessment of prisoners was the duty of prison officials and should be based on the crime a prisoner was convicted of, a prisoner's previous history, a prisoner's category, prison records and a prisoner's fitness.
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