|Source:||All England Reporter|
|Publisher Citation:|| All ER (D) 48 (Jan)|
|Court:||Queen's Bench Division, Administrative Court|
Saunders J (judgment delivered extempore)
|Representation||Nick Armstrong (instructed by Bankside Law Ltd) for the claimant.|
|David Manknell (instructed by the Treasury Solicitor) for the Secretary of State.|
|Judgment Dates:||13 January 2009|
Prison - Prisoner - Security categorisation - Claimant prisoner serving sentence for theft of £35 million - Claimant classified as Category C prisoner - Confiscation order of £41 million with eight years' imprisonment in default imposed with claimant's consent after claimant commencing custodial sentence - Claimant found in possession of mobile telephone and three SIM cards whilst in prison - Secretary of State recategorising claimant as Category B prisoner on ground of increased risk of escape arising from possession of phone and imposition of confiscation order - Prisoner submitting facts disclosing no increased risk of escape - Whether Secretary of State's decision to recategorise claimant irrational.