The Commission declared inadmissible a complaint that Standing Order 5 G 2B infringed Article 10. The Order precluded prisoners from contacting the media by telephone except in exceptional circumstances. The Standing Order satisfied the requirement that the interference with the applicant’s Article 10 rights should be ‘prescribed by law’. ‘the assessment of whether the interference was necessary must be made having regard to the ordinary and reasonable requirements of imprisonment, and that some measure of control over the content of prisoners’ communications – the scope of which is not in issue in the present case – is not in itself incompatible with the Convention.’
See Also – Regina v Secretary of State for Home Department Ex Parte Hickey and Others, Same Ex Parte Bamber; Same Ex Parte Malone (No 2) QBD 29-Nov-1994
The Home Secretary is obliged to disclose new evidence to a defendant before rejecting his application for a reference to Court of Appeal. The Home Secretary’s powers to refer a case back to the Court of Appeal (Criminal Division) was an integral . .
See Also – Regina v Secretary of State for the Home Department, Ex Parte Bamber CA 15-Feb-1996
The right of a prisoner to provide a recorded message for a radio station could properly be curtailed. . .
Cited – Nilsen v HM Prison Full Sutton and Another CA 17-Nov-2004
The prisoner, a notorious murderer had begun to write his autobiography. His solicitor wished to return a part manuscript to him in prison to be finished. The prison did not allow it, and the prisoner claimed infringement of his article 10 rights. . .
See Also – Regina v Secretary of State for Home Department (ex parte Bamber) Admn 24-Apr-1998
The applicant was refused leave to apply for judicial review of a decision as to his release made on the basis of his refusal to accept his guilt. . .
See Also – Bamber v Regina CACD 12-Dec-2002
See Also – Bamber, Regina v CACD 14-May-2009
The defendant had been convicted in 1986 of the murder of five members of his adoptive family. The judge had initially recommended a minimum term of 25 years. A later judge had suggested a whole life term. The convictions had been upheld in 2002. . .
Cited – British Broadcasting Corporation (BBC) and Another, Regina (on The Application of) v Ahmad Admn 11-Jan-2012
The BBC wished to interview the prisoner who had been detained pending extradition to the US since 2004, and now challenged decision to refuse the interview.
Held: The claim succeeded. The decision was quashed and must be retaken. If ever any . .
Lists of cited by and citing cases may be incomplete.
Human Rights, Prisons
Updated: 30 April 2022; Ref: scu.219481