An examination of judicial tendencies in prisoner security categorisation cases

[摘要] This thesis combines both a traditional and an empirical approach to determine judicial tendencies in prisoner security categorisation cases. Three major themes are identified in the survey of cases. Firstly, judges tend to support the prison authorities instead of prisoners in categorisation decisions. Secondly, judges are mainly concerned with the impact of categorisation on a prisoner’s release date and not the conditions of imprisonment. Thirdly, judges tend to support the prison authorities when prisoners whose index offences are violent or sexual challenge their categorisation decision and it is argued that this is as a result of judicial deference to the prison authorities. The thesis concludes that the judges are deferential to the prison authorities regarding categorisation decisions and examines the various ways that this deference manifests itself, including the exclusion of Article 5 from the categorisation context. It is then argued that this deference is both unnecessary and unjustified. The consequences of the judges‟ approach both on prisoners and on the prison authorities are discussed, and it is suggested that judicial tendencies in categorisation cases have a limiting effect on the development of prisoners‟ rights.The thesis reflects the state of the law on 28th April 2010.

[发布机构] University:University of Birmingham;Department:Birmingham Law School

[关键词] K Law;K Law (General)