R v Governor of Brockhill Prison, ex parte Evans (No 2) is an English case decided by the House of Lords on appeal from the Court of Appeal. It has been called "important".[1]
| Regina v Governor of Her Majesty's Prison Brockhill, ex parte Evans (No 2) | |
|---|---|
.svg) | |
| Court | House of Lords |
| Decided | 27 July 2000 |
| Citation(s) | [2001] 2 AC 19, [2000] 3 WLR 843, [2000] 4 All ER 15, [2000] UKHRR 836 |
| Court membership | |
| Judges sitting | Lord Browne-Wilkinson, Lord Hobhouse of Woodborough, Lord Hope of Craighead, Lord Slynn of Hadley, Lord Steyn |
It involved the unlawful detention of a prisoner. The governor had sentenced the prisoner on the basis of an interpretation of a statute which had originally been supported by the courts, but which had subsequently been held to be wrong. It was clear that the governor was blameless, but the sentence raised questions as to whether the new interpretation of the statute should apply prospectively only. The majority of the Law Lords held that, on the facts of this case, it was not appropriate for the interpretation to apply prospectively only, but all of them also accepted that the development of a rule might, in appropriate circumstances, apply prospectively. Lord Slynn of Hadley reasoned that "there may be decisions in which it would be desirable, and in no way unjust, that the effect of judicial rulings should be prospective or limited to certain claimants."[2]
Court of Appeal edit
| Regina v Governor of Her Majesty's Prison Brockhill, ex parte Evans (No 2) | |
|---|---|
| | |
| Court | Court of Appeal of England and Wales |
| Decided | 19 June 1998 |
| Citation(s) | [1999] 1 QB 1043, [1999] 1 WLR 103, [1998] 4 All ER 993 |
| Court membership | |
| Judges sitting | Lord Woolf MR, Lord Roch LJ, Lord Judge LJ |
This was a decision of the Civil Division of the Court of Appeal, on appeal from the Queen's Bench Division of the High Court.
References edit
- R v Governor of Brockhill Prison, ex parte Evans (No 2) [2001] 2 AC 19 HL
- R v Governor of Brockhill Prison, ex parte Evans (No 2) [1999] QB 1043 CA
- R v Governor of Brockhill Prison, ex parte Evans [1997] QB 443
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- Julian B Knowles. Blackstone's Guide to the Extradition Act 2003. Oxford University Press. 2004. Pages 66, 69 and 97.
- Nicholls, Montgomery, and Knowles on the Law of Extradition and Mutual Assistance. Third Edition. Oxford University Press. 2013. Paragraphs 5.121, 7.43 and 7.61 at pages 95, 133 and 137.
- Enid Campbell, "The Retrospectivity of Judicial Decisions and the Legality of Governmental Acts" (2003) 29 Monash University Law Review 49 at 60 to 62, 64, 67, 68, 75, 80, 82 and 83
- Saimo Chahal, "False imprisonment in mental health cases" (1999) 149 New Law Journal 686 at 687 (7 May 1999)