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MN, R (on the application of) v Secretary of State for Justice

[2024] EWHC 333 (Admin)
A prisoner nearly killed himself in prison and sued because the investigation into what happened wasn't immediately a public one with the power to force people to testify. The judge said the investigator should look at the evidence first before deciding if a public investigation is needed, and refused the prisoner's request to force a public investigation.

Key Facts

  • MN, a prisoner at HMP Hewell, attempted suicide on 10 June 2022, sustaining life-changing injuries.
  • An independent investigation was commissioned by the Secretary of State for Justice.
  • The Claimant challenged the decision not to mandate public hearings with powers of compulsion from the outset of the investigation.
  • The initial application for permission to bring the claim was refused, and this judgment concerns the renewal of that application.

Legal Principles

State's Article 2 investigative duty requires a prompt, effective, independent investigation with sufficient public scrutiny and involvement of next of kin.

R (on the application of Amin) v SSHD [2004] 1 AC 653 at [31]

In cases of near-suicide resulting in serious injuries, the need for a public hearing with powers of compulsion depends on the specific facts; such hearings are not automatically required.

R (D) v Secretary of State for the Home Department [2006] 3 All ER 946; R (on the application of JL) v Secretary of State for the Home Department [2009] 1 AC 588

Outcomes

Permission to apply for judicial review was refused.

The court found that the case was not arguably of such severity as to require public hearings from the outset. The independent investigator is better placed to determine the need for public hearings after reviewing the evidence. The court found no fettering of the investigator's discretion and that the approach taken was consistent with the guidance in JL.

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