R (Palmer) v Home Secretary [2004] EWHC 1817 (Admin)

Citation: R (Palmer) v Home Secretary [2004] EWHC 1817 (Admin)

Court: High Court (Queen’s Bench Division, Administrative Court)

Decision

When a prisoner is recategorised to a higher secuirty category, he must be given reasons why he has been recategorised.

This principle was restated in Palmer. The reason for this is if a prisoners wishes to appeal a decision as to his categorisation, he must know, as far as possible, the reasons why the decision was made in order that he may deal with allegations against him.

Collins J further stated that:

"He may, of course, not necessarily know the precise source of the information which is relevant to risk because, as is obvious, such information may come from informants, it may come from confidential police sources, or otherwise it may be necessary, in order to protect third parties, that the prisoner does not know the details."

Nevertheless, reasons must be given, whilst the source of the information giving rise to those reasons need not.