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Segregating prisoners, judicial review and complying with human rights law
Read more: Segregating prisoners, judicial review and complying with human rights lawIn a recent case (R (Abu) v Secretary of State for Justice [2025] EWHC 3026 (Admin)), the Justice Secretary and the prison authorities were found to have transgressed both their public law powers and human rights obligations by segregating prisoners. Importantly, the secretary (and her predecessor) was found to have breached Article 3 of the Convention (prohibition of inhuman and degrading treatment and punishment), in what is believed to be…
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Smoking in prisons: the decision in Vainak and others v Estonia
Read more: Smoking in prisons: the decision in Vainak and others v EstoniaIn Vanik and others (Decision of the European Court, 4 November 2025; Applications nos. 17982/21 and 3 others), the European Court of Human Rights upheld prisoners’ claims that the total smoking ban imposed in Estonian prisons was a disproportionate interreference with their rights under Article 8 of the European Convention – the right to private life. Before delivering judgment, the European Court noted that it had already ruled on cases…
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Why are pregnant women in prison?
Read more: Why are pregnant women in prison?Rona Epstein, Honorary Research Fellow at Coventry Law School, explains her recent research into why pregnant women are incarcerated and offers suggestions as to alternative sanctions for criminal behaviour in those who are pregnant.