Walid Niagui v The Governor of HMP Wandsworth
[2022] EWHC 2911 (Admin)
Bumju Kim, R (on the application of) v Governor of HMP Wandsworth
21 March 2024
[2024] EWHC 645 (Admin)
High Court
A man was kept in prison longer than he should have been due to mistakes by the prison staff. His lawyer repeatedly asked for his release, but the prison ignored the requests. A judge ordered the prison to release the man, and also criticized the prison for not following the rules and wasting the court's time.
Key Facts
- •Bumju Kim was unlawfully detained at HMP Wandsworth after being sentenced to 10 weeks imprisonment.
- •Despite his sentence accounting for time served on remand, requiring immediate release, Kim was detained overnight.
- •His solicitor made repeated urgent calls and emails to prison staff, but his release was delayed.
- •A writ of habeas corpus was issued, resulting in Kim's release but after the court-ordered deadline.
- •The prison governor failed to comply with court orders to explain the unlawful detention and missed court appearance.
- •The court criticized HMP Wandsworth's handling of the situation, highlighting similar issues in a previous case (R (Niagui) v Governor of HM Prison Wandsworth).
Legal Principles
The right not to be falsely imprisoned is a fundamental right, and the state must justify continued detention.
Common law, affirmed in this case.
The need to comply with Prison Service instructions and policies is not a lawful ground for continued detention.
R (Niagui) v Governor of HM Prison Wandsworth [2022] EWHC 2911 (Admin), [2023] 4 W.L.R. 2
Urgent responses are required to solicitors' complaints regarding unlawful detention, even on weekends.
R (Niagui) v Governor of HM Prison Wandsworth [2022] EWHC 2911 (Admin), [2023] 4 W.L.R. 2
The onus is on the prison service to justify continued detention, not on the prisoner to prove entitlement to release.
This case, drawing from previous case law.
Outcomes
Mr. Kim's continued detention was declared unlawful.
The prison failed to process his release promptly, despite there being no lawful basis for continued detention after his sentence.
The Governor of HMP Wandsworth was ordered to pay Mr. Kim's costs on the indemnity basis.
Due to the serious failures in processing Mr. Kim's release and non-compliance with court orders.
No contempt proceedings were initiated against the Governor.
Mr. Kim had been released; however, the court strongly criticized the prison's disregard for court orders.
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