High Court issues writ of habeas corpus - defendant unlawfully detained by HMP Wandsworth

The High Court has handed down judgment in an important case concerning habeas corpus and the failures of Wandsworth prison to release prisoners following orders of the criminal courts. 

On 16 January 2024 following a sentencing hearing at Westminster Magistrates’ Court, Kate’s client (BK) was due to be released immediately from the court building. Instead, he was kept in the cells until after court hours and returned to Wandsworth prison, after which the prison decided that the process of BK’s release could wait until the morning. This was unlawful. Following an out of hours application to the High Court which concluded just after 2am on 17 January 2024, Pepperall J issued a writ of habeas corpus which was served on the duty governor of the prison. The prison did not comply with the writ nor make arrangements for BK to be brought to the Royal Courts of Justice as the writ required. BK was released later on the 17 January 2024, shortly before the hearing at the Royal Courts of Justice commenced. 

Following submissions, Pepperall J has today handed down judgment making significant criticism of the conduct of HMP Wandsworth and finding that BK was unlawfully detained in breach of his right to liberty. Unusually, and in recognition of the particularly poor conduct of the prison, the Court awarded BK costs on the indemnity basis. 

This is the second recent case in which HMP Wandsworth has been found to have unlawfully detained a defendant, and where defence representatives have been forced to seek a writ of habeas corpus in order to vindicate their client’s right to release. In November 2022, Chamberlain J gave judgment in the case of Niagui v. Governor of HMP Wandsworth  [2022] EWHC 2911 (Admin), finding that Wandsworth prison had failed to process the defendant’s release in a timely manner and cautioning the prison to improve its procedures.

In BK v. HM Governor of Wandsworth Prison [2024] EWHC 645 (Admin), Kate was instructed by Bartholomew Dalton of Hickman & Rose.