High Court rules that Cat A prisoners should be given reasons for ERC decisions
11/09/2009
In a judgment handed down on 14th August HHJ Pelling Q.C., sitting as a judge of the High Court, ruled that Category A prisoners who are designated as either “high” or “exceptional” escape risk are entitled to be given sufficient reasons for the decision to maintain that status so as to enable them to decided whether to challenge that decision.
R. (Mohammed Ali) v. Director of High Security [2009] EWHC 1732 (Admin)
Comment
This decision is a significant step in the right direction for the minority of prisoners affected. The conditions of detention of such prisoners are substantially more rigorous than for those subject to the “standard” Cat A ERC (escape risk classification) with more frequent cell moves, more intrusive night-time surveillance and intimate searching before and after visits. No notice is given as to when the next review is to take place, although as they are conducted every six months alternate reviews coincide with the annual categorisation review, and the decision letter currently gives the prisoner no idea what information has been relied upon by the Director in reaching his decision.This judgment will require the Director to give sufficient reasons for the decision to enable proper consideration to be given to a possible challenge to the decision and in any event the reasons given should enable prisoners to make more concrete and relevant submissions for the following review six months later.
Mr Ali was represented by Mark George Q.C. of GCN instructed by Howells solicitors, Sheffield.
