Kane (claimant/respondent) v The Independent Adjudicator (defendant/respondent) & anr

Tuesday 4 July 2023

By Appellant’s Notices filed on 24 June 2022, the Appellant, the Secretary of State for Justice, appeal the Order of Hugh Mercer QC (sitting as a Deputy High Court Judge), dated 07 June 2022, in which he allowed the Respondent’s application for judicial review, quashing the decision of Independent Adjudicator, dated 31 July 2020.

The Independent Adjudicator had found the Respondent guilty of committing an assault against a Prison Governor, contrary to rule 51(1) of the Prison Rules 1999 and of intentionally or recklessly endangering the health and personal safety of others, contrary to rule 51(5). The Respondent, having pleaded guilty to destroying or damaging prison property, contrary to rule 51(17) and using threatening, abusive or insulting words or behaviour, contrary to rule 51(20), was sentenced to a total of 18 additional days’ imprisonment.

View hearing:

Part 1

Part 2