McCreaner v Ministry of Justice

Sentence – Consecutive sentences. The claimant issued proceedings against the Ministry of Justice for failing to release him on home detention curfew (HDC). The Queen's Bench Division held that the prison had owed the claimant a duty of care after calculating that he had been long past his HDC eligibility date and it had fallen well short of that duty in not according his HDC application the required priority. Accordingly, he was entitled to damages for six weeks' detention. However, his claims for false imprisonment, trespass to the person, misfeasance in public office and breach of the Human Rights Act 1998 failed.

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