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09 OCT 2012

R (NM) v Secretary of State for Justice [2012] EWCA Civ 1182 (2012) PLLR 129

Prisons - sexual assault - learning difficulties - investigative obligation - Article 3 European Convention on Human Rights

An investigation into a sexual assault against a prisoner with learning difficulties did not breach the prison's obligation to investigate under Article 3 European Convention on Human Rights where the prisoner had been adequately assisted throughout and had the option of bringing criminal or civil proceedings.

12 September 2012

Court of Appeal (Civil Division)

Laws LJ, Rix LJ and Lewison LJ

(1)        The appellant (NM) appealed the decision of HHJ Mackie QC that an investigation into an alleged sexual assault by a fellow prisoner on NM had been adequate and not in breach of NM's rights under Article 3 of the European Convention on Human Rights.

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