R (on the application of H) v Secretary of State for Justice

Sentence – Imprisonment. The claimant was a transgender prisoner serving a sentence of imprisonment for public protection for sexual offences she had committed when she was an 18-year-old male. She sought judicial review of the defendant Secretary of State's failure to provide the opportunity to do work specifically linked to sexual offending. The Administrative Court, in dismissing the application, held that the Secretary of State had not breached: (i) her public law duty; (ii) the duties under arts 5 and 14 of the European Convention on Human Rights; or (iii) the duties under ss 19, 29 and 149 of the Equality Act 2010.

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