The prisoner was a muslim and fasting as part of his religious observance. He sought judicial review of a decision that he was in breach of the Rules when unable to provide a urine sample for a drugs test. He would have had to break his fast to provide a sample.
Held: The appeal succeeded. The claimant’s argument should have been based on the lawfulness of the request. The claimants real religiosity was undoubted, and he had been advised to undertake and not break the fast. His article 9 rights were engaged. The issue was whether the demand for a sample in the face of the fast was proportionate. There was no evidence before the Adjudicator to suggest any invonveniience in making adjustments to respect the fast.
Pelling QC J
[2011] EWHC 1108 (Admin), [2011] HRLR 30
Bailii
Prison Rules 1999 51, European Convention on Human Rights 9
England and Wales
Citing:
Cited – Regina v Secretary of State for Education and Employment and others ex parte Williamson and others HL 24-Feb-2005
The appellants were teachers in Christian schools who said that the blanket ban on corporal punishment interfered with their religious freedom. They saw moderate physical discipline as an essential part of educating children in a Christian manner. . .
Cited – Begum (otherwise SB), Regina (on the Application of) v Denbigh High School HL 22-Mar-2006
The student, a Muslim wished to wear a full Islamic dress, the jilbab, but this was not consistent with the school’s uniform policy. She complained that this interfered with her right to express her religion.
Held: The school’s appeal . .
Lists of cited by and citing cases may be incomplete.
Updated: 21 July 2021; Ref: scu.443635 br>