AC-2023-LON-002337 - [2025] EWHC 1985 (Admin)

The Applicant contends that there is a high risk of assault, particularly sexual assault, and that any purported protective measures are likely to be ineffective or inhuman in their operation.

It is argued that the SDJ wrongly refused to admit new evidence concerning the high risk of sexual assault and the unreliability of PREA audits, upon which considerable reliance was placed by the SDJ. The Applicant asserts that there are specific risk factors in his case, including his status as a gay or non-heterosexual person, that render him particularly vulnerable to assault, pointing to a “massively disproportionate risk” of sexual violence.

Evidence presented by Ms Abbate, in particular, raised concerns regarding the effectiveness of PREA audits, specifically that the MCC San Diego audit report was “dishonest or incompetent” and lacked sufficient detail and thoroughness. These concerns, it was said, are corroborated by letters from US Senators and other legislators highlighting the systemic unreliability of such audits.