R (on the application of Bourgass and another) v Secretary of State for Justice

Core Citations

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CONSIDERS

• Raymond v Honey

CONSIDERS

• The Prison (Amendment) (No. 2) Rules 2005
• Human Rights Act 1998
• The Prison and Young Offender Institution (Amendment) Rules 2009

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• Criminal Justice Act 1961 - Articles : S-29
• Human Rights Act 1998

REFERS TO

• R (Wilkinson) v Broadmoor Hospital
• R v Immigration Appeal Tribunal, ex parte Oladehinde ; R v Immigration Appeal Tribunal, ex parte Alexander
• Leech v Deputy Governor of Parkhurst Prison; Prevot v Deputy Governor of Long Lartin Prison

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• R (Alconbury Developments Ltd) v Secretary of State for the Environment, Transport and the Regions
• Castle v DPP
• R v Governor of Brixton Prison, ex parte Walsh
• Somerville and Others v Scottish Ministers (HM Advocate General for Scotland intervening)
• R v The Secretary of State for the Home Department ex parte Hickling and JH (A Minor)
• R (SP) v Secretary of State for Home Department
• Lewisham Borough Council v Roberts
• R (Daly) v Secretary of State for the Home Department
• Tomlinson and another v Birmingham City Council
• R v Secretary of State for the Home Department, ex parte Doody ; R v Same, ex parte Pierson ; R v Same, ex parte Smart ; R v Same, ex parte Pegg
• R (M and another) v Lambeth London Borough Council and another
• Pham v Secretary of State for the Home Department
• R v Deputy Governor of Parkhurst Prison and Others, ex parte Hague ; Weldon v Home Office
• Booth v Parole Board
• R v Social Fund Inspector and Another, ex parte Healey ; R v Same, ex parte Smith ; R v Secretary of State for Social Security, ex parte Stitt
• Payne v Lord Harris of Greenwich
• DP (United States of America) v Secretary of State for the Home Department

RESUELVE RECURSO

• R (1) Ben King v Secretary of State for Justice and R (2) Kamel Bourgass and (3) Tanvir Hussain (Respondent Appellants) Secretary of State for Justice

DOES NOT APPLY

• Carltona Ltd v Comrs. of Works

CITES

• R v Immigration Appeal Tribunal, ex parte Oladehinde ; R v Immigration Appeal Tribunal, ex parte Alexander
• Ben King v Secretary of State for Justice

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• R v Deputy Governor of Parkhurst Prison and Others, ex parte Hague ; Weldon v Home Office
• R v Immigration Appeal Tribunal and Another ex parte Alexander (A.P.) ; R v Immigration Appeal Tribunal and Another ex parte Oladehinde (A.P.) (Conjoined Appeals)

REVERSES

• R (1) Ben King v Secretary of State for Justice and R (2) Kamel Bourgass and (3) Tanvir Hussain (Respondent Appellants) Secretary of State for Justice

CONSIDERED in

• R 'VC' (by his Litigation Friend The Official Solicitor) v Secretary of State for the Home Department
• Northern Land Council v Quall
• R Alison Turner v Secretary of State for Work and Pensions

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• R Jason Michael v Governor of HM Prison Whitemoor
• B v Secretary of State for the Home Department
• ADL v Secretary of State for the Home Department
• Mickey Scott v The Secretary of State for Justice
• Stephen Molyneaux v HM Prison
• ASA v Minister for Justice & Equality
• MK v Minister for Justice and Equality
• The King (on the application of Here for Good) v The Secretary of State for the Home Department
• ASA v The Minister for Justice
• L1T FM Holdings UK Ltd v Chancellor of the Duchy of Lancaster in the Cabinet Office (formerly Secretary of State for Business, Energy and Industrial Strategy)

REFERRED in

• R Jeremaya Ohaegbunam v Secretary of State for the Home Department
• R Muasa v Secretary of State for the Home Department (Removal from association in Irc)
• R TM (Kenya) (anonymity order made) v Secretary of State for the Home Department

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• R "AB" (a child, by his Litigation Friend) v The Secretary of State for Justice Youth Justice Board (Interested Party) Equality and Human Rights Commission (Intervener)
• Colin Gunn v Secretary of State for Justice
• Nadir Syed v The Secretary of State for Justice
• R (on the application of Dennehy) v Secretary of State for Justice and another
• The King (on the application of Fuad Awale) v Secretary of State for Justice
• R Jason Michael v The Governor of HMP Whitemoor
• R David Michael Forsey (Claimant) The Northern Derbyshire Magistrates' Court (Defendant) Robert Stephen Palmer (First Interested Party) The Secretary of State for Business, Innovation and Skills (Second Interested Party)
• Poshteh v Kensington and Chelsea Royal London Borough Council
• S.F. v Director of Oberstown Childrens Detention Centre
• RG v International Protection Appeals Tribunal and Others
• Shahid v Scottish Ministers

CITED in

• The Queen ((on the application of Ms Khatuna Goloshvili) v Secretary of State for the Home Department
• R AB (by his Mother and Litigation Friend CD) v Secretary of State for Justice
• Hart’s (Darren) Application

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• Petition Of William Lewis Gage (ap) For Judicial Review Of His Detention By The Scottish Ministers In Conditions In Which He Is Exposed Indoors To Environmental Tobacco Smoke
• Reclaiming Motion By John Stewart Mauger Against The Chief Constable Of Police Scotland And The Scottish Police Authority
• R (Howard League for Penal Reform and Another) v Lord Chancellor

APPLIED in

• R Syed v The Secretary of State for Justice
• Sean Allen v Secretary of State for Justice

REPORTED OPINION OF in

• [2016] 1 All ER 1033
• [2015] NR Uned 122
• [2015] 3 WLR 457

[See more]

• [2016] AC 384

This document cites

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• Convenio Europeo para la Protección de los Derechos Humanos y de las Libertades Fundamentales
• R (Daly) v Secretary of State for the Home Department
• R v The Secretary of State for the Home Department ex parte Hickling and JH (A Minor)
• Booth v Parole Board
• R (Wilkinson) v Broadmoor Hospital



See all quotations

• R v Governor of Brixton Prison, ex parte Walsh
• R (Alconbury Developments Ltd) v Secretary of State for the Environment, Transport and the Regions
• Leech v Deputy Governor of Parkhurst Prison; Prevot v Deputy Governor of Long Lartin Prison
• R v Immigration Appeal Tribunal, ex parte Oladehinde ; R v Immigration Appeal Tribunal, ex parte Alexander
• R v Deputy Governor of Parkhurst Prison and Others, ex parte Hague ; Weldon v Home Office
• R v Deputy Governor of Parkhurst Prison and Others, ex parte Hague ; Weldon v Home Office
• R v Secretary of State for the Home Department, ex parte Doody ; R v Same, ex parte Pierson ; R v Same, ex parte Smart ; R v Same, ex parte Pegg
• Castle v DPP
• Payne v Lord Harris of Greenwich
• Raymond v Honey
• R (1) Ben King v Secretary of State for Justice and R (2) Kamel Bourgass and (3) Tanvir Hussain (Respondent Appellants) Secretary of State for Justice
• DP (United States of America) v Secretary of State for the Home Department
• Ben King v Secretary of State for Justice
• R (SP) v Secretary of State for Home Department
• R v Immigration Appeal Tribunal and Another ex parte Alexander (A.P.) ; R v Immigration Appeal Tribunal and Another ex parte Oladehinde (A.P.) (Conjoined Appeals)
• Lewisham Borough Council v Roberts
• Carltona Ltd v Comrs. of Works
• R v Immigration Appeal Tribunal, ex parte Oladehinde ; R v Immigration Appeal Tribunal, ex parte Alexander
• R v Social Fund Inspector and Another, ex parte Healey ; R v Same, ex parte Smith ; R v Secretary of State for Social Security, ex parte Stitt
• Criminal Justice Act 1961
• Prison Rules 1964
• R (M and another) v Lambeth London Borough Council and another
• Somerville and Others v Scottish Ministers (HM Advocate General for Scotland intervening)
• Tomlinson and another v Birmingham City Council
• Pham v Secretary of State for the Home Department
• Human Rights Act 1998
• Steamships Trading Company Limited v Chief Collector of Taxes [1986]