Source: All England Reporter
Publisher Citation: [2009] All ER (D) 48 (Jan)
Court: Queen's Bench Division, Administrative Court
Judge:

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

Catchwords

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.

The Case

Prison Prisoner. Queen's Bench Division, Administrative Court: The Secretary of State's decision to reclassify the claimant prisoner from Category C to Category B status had not been irrational in all the circumstances, which included a confiscation order, made with the claimant's consent, in the sum of 41 million with a period of eight years' imprisonment in default and the discovery that he had a mobile telephone and three SIM cards in his possession in prison.

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