The court was asked whether a cause of action arose from a breach of the Prison Rules 1933. Goddard LJ said: ‘With regard to the prison rules, it would be enough to say that there were no breaches, but, in case a higher court should take a different view, I should say that, in my opinion, neither do these rules confer rights on prisoners which can be enforced by action. They are made under the Prison Act 1898, section 2, for the ‘government of prisons’ .
The real question which falls to be determined is whether it is intended by the statute to confer an individual right. I am clearly of opinion that neither the Prison Act 1898, nor the rules were intended to confer any such right.’
Judges:
Goddard LJ
Citations:
[1943] KB 252
Statutes:
Cited by:
Cited – Regina v Deputy Governor of Parkhurst Prison, Ex parte Hague, Weldon v Home Office HL 24-Jul-1991
The prisoner challenged the decision to place him in segregation under Prison Rule 43. Under rule 43(1) the initial power to segregate was given to ‘the governor’. The case arose from the fact that the governor of one prison had purported to . .
Lists of cited by and citing cases may be incomplete.
Prisons
Updated: 18 May 2022; Ref: scu.271096