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NCJRS Abstract

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NCJ Number: 115538 Find in a Library
Title: Judicial Review of Prison Governor's Disciplinary Powers
Journal: Police Journal  Volume:61  Issue:4  Dated:(October-December 1988)  Pages:351-358
Author(s): A N Khan
Date Published: 1988
Page Count: 8
Type: Legislation/Policy Description
Format: Article
Language: English
Country: United Kingdom
Annotation: This article discusses the expansion of judicial review in the United Kingdom to encompass the exercise of prison governors' disciplinary powers over inmates.
Abstract: Ridge v. Baldwin held that whenever any person or body of persons has authority conferred by legislation to make decisions affecting the fights or obligations of other persons, such decisions are amenable to judicial review, i.e., an order (previously one of the writs) to quash or review its decision can be issued under the Supreme Court Rules. The 1979 St. Germain's case opened the door for judicial review of a prison board of visitors' inmate disciplinary decisions. Within a few years that position had been accepted by all concerned. It was only a matter of time before the well-established principle that a prison governor's adjudicative decisions are immune from judicial review would be challenged. The English Court of Appeal in two decisions decided not to upset the principle. The Court of Appeal of Northern Ireland, however, ruled differently, requiring the country's highest court to resolve the issue. The highest court ruled that adjudications by a prison governor are subject to judicial review. A prison governor, according to the court, is a person exercising functions conferred by statute and rules made under that Act of Parliament, which affect the rights and legitimate expectations of citizens. Such powers and functions must be subject to judicial review. 22 footnotes.
Main Term(s): Inmate discipline
Index Term(s): Judicial review; United Kingdom (UK)
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