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Judicial Review: Imogen Proud succeeds for the Secretary of State for Justice

26 Jan 2021

R (Black) v Secretary of State for Justice

The Administrative Court has refused permission to apply for judicial review to a prisoner seeking to challenge restrictions on child communication placed upon him by his prison.

The Claimant has been identified as a ‘person posing a risk to children’ (‘PPRC’) and is subject to a Sexual Offences Prevention Order (‘SOPO’). The relief he sought was to be permitted to receive photographs showing children and to be able to send greetings cards to child family members.

The Claimant sought to challenge the restrictions on communications with children imposed upon him in application of the Public Protection Manual 2016 (PSI 18/2016) on the basis that they were contrary to s106(3) of the Sexual Offences Act 2003 and that they were contrary to the SOPO.

The Administrative Court has refused permission and accepted the Secretary of State’s submission that the claim ought to be certified as totally without merit. The Court ruled that as the prisoner identified as having PPRC status had not first applied to the prison for child contact in respect of a specified child, a judicial review of the restrictions upon that prisoner was premature.

Imogen Proud acted for the Secretary of State for Justice.

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