Supreme Court considers rights of segregated prisoners

On 16 and 17 February 2015 the Supreme Court will hear the appeals of Bourgass and Hussain v Secretary of State for Justice [2012] EWCA Civ 376. The cases concern the requirements of procedural fairness at common law and under Article 6 ECHR for prisoners who are segregated. The appellants and the intervener, the Howard League for Penal Reform, argue that segregated prisoners are owed a high standard of procedural fairness because of the significance of what is at stake for them and the serious adverse impact that segregation can have on a prisoner's mental health. They argue that segregated prisoners are entitled to the reasons underpinning the decision to segregate them followed by an independent review of their segregation in which they can participate meaningfully. 


 

Edward Fitzgerald and Martha Spurrier act for the Howard League for Penal Reform, instructed by Laura Janes.


 

You can watch the hearing live on the Supreme Court website here:

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