R (on the application of KB (a child, by his litigation friend LW) v Secretary of State for Justice [2010] EWHC 15 (Admin); [2010] All ER (D) 59 (Jan)
Section 47(1) of the Prison Act 1952 contained two limbs. The first limb had rules “for the regulation and management of prisons”. The second limb had rules “for the classification … discipline and control of persons detained therein”. The first limb of s 47(1) could scarcely intend that rules made by the secretary of state were exhaustive of all matters of “regulation and management”.
The word “management”, in particular, was very wide and there would have to be matters of management which might lawfully be prescribed at a local level outside the provisions of the rules, provided they did not conflict with any express provision of the rules. Section 47(2) required that rules make provision, cumulatively, for: (i) a prescribed and identifiable process of charge; for (ii) a prescribed and identified offence; with (iii) a prescribed proper opportunity for a person charged to present his case.
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