Source: All England Reporter
Publisher Citation: [2007] All ER (D) 383 (Nov)
Court: Queen's Bench Division, Administrative Court
Judge:

Mitting J
Representation Hugh Southey (instructed by Fisher Meredith) for the claimants.
  Parishil Patel (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 23 November 2007

Catchwords

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.

The Case

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.

If you are a LexisLibrary subscriber you can read more about this case here.

Lexis®Library

  • Cases related to this particular case that are related to, or discuss this caseView related cases
  • Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary
  • The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports