QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
B e f o r e :
|THE QUEEN, ON THE APPLICATION OF JOHN SMITH||(CLAIMANT)|
|SECRETARY OF STATE FOR THE HOME DEPARTMENT||(DEFENDANT)|
Smith Bernal Wordwave Limited
190 Fleet Street London EC4A 2AG
Tel No: 020 7404 1400 Fax No: 020 7831 8838
(Official Shorthand Writers to the Court)
MR STEVEN KOVATS (instructed by THE TREASURY SOLICITORS) appeared on behalf of the DEFENDANT
Crown Copyright ©
"(1) The decision making process in relation to the admission of serving prisoners to a PWU as defined in PSI 71/2000 is flawed to the extent indicated in paragraphs 16 to 19 of the judgment delivered on 7 March 2003.
(2) A serving prisoner who gives, or has given, information to the police in relation to serious crime is not barred from entry into a PWU ... By reason that he or she has not given, or is not going to give, evidence in any connected criminal proceedings. It is not necessary for there to be a recommendation for protective witness status from the police or the Crown Prosecuted Service before a prisoner can be considered for entry to such a unit.
It is evident from that order what the issues before Jack J had been.
"In terms of his credibility and the veracity of what he has told us (and this may have been one of the issues that led to his evidence not being used), at no time could the key incident ... have occurred. Quite simply the three key players were not in the same prison at the same time."
In other words, it was logistically impossible for the claimant to have heard X confess to the crime in the presence of Y in prison. At a later stage in the assessment, Mr Clifford referred to other "clear examples of (the claimant) providing false or inaccurate information to either the police or prison staff". All this led to the assessment of the risk as "low to medium". Mr Clifford considered that "as there is no evidence to suggest that [X] has any interest in [the claimant], the risk of acts occurring is minor". He considered that allocation in a VPU was a safe location with a high prospect of success. He attached significance to the present whereabouts and management of X. He acknowledged that there was a psychological risk in that the claimant might self harm as a result of being moved out of the PWU.