Searched papers complaint by police killer dismissed

The 45-year-old murderer, who is currently only one of two Category A prisoners in the country labelled as “an exceptional escape risk”, wanted to have a judicial review into the way his papers were searched when he was suddenly moved from Full Sutton prison, near York, last year.

The application had already been rejected by one judge on paper and yesterday another judge, Mr Justice McCombe, refused his renewed application at a High Court hearing in Leeds saying the authorities could not be criticised for their actions.

Bieber, 45, a former American marine, is serving a life sentence with a minimum of 37 years behind bars for the murder of PC Ian Broadhurst who was shot in Leeds on Boxing Day 2003. He was also convicted of the attempted murder of two other officers.

He was whisked from Full Sutton prison by helicopter to Belmarsh Prison in London last August after the authorities received information from the Serious Organised Crime Agency about an escape attempt.

After he left, officers checked through seven bags of documents in his cell before forwarding them to him.

Jason Elliott for Bieber, who had legal aid for his application, argued the documents, which included privileged legal correspondence, should have been forwarded and then searched in front of Bieber.

Kate Grange representing the Secretary of State for Justice and prison authorities, told the court in normal circumstances a prisoner would be present during a search but there were exceptions in emergency situations.

She said officers were looking for any information or evidence about the escape attempt and she stressed clearly marked legal papers were not read.

She told the court there had been previous escape plots. “The consequences of an escape of such an individual for the public really could be catastrophic.”

Mr Justice McCombe rejecting the application said: “In my judgment this is a case where the prison authorities cannot be sensibly criticised for what occurred. I do not consider it arguable that the search was unlawful.”

He said Bieber was being detained at HMP Full Sutton when information came to the authorities that an escape was planned.

“The Secretary of State considered that evidence was credible and the threat was a serious one.” The prison authorities had taken “robust action” in the situation they were confronted with.

Bieber also plans a future challenge to his exceptional risk prisoner status.