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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  















Prisons - From: 1992 To: 1992

This page lists 4 cases, and was prepared on 02 April 2018.

 
Re Baker and other Applicants (1992) 8 NIJB 86
1992
QBNI
Carswell J
Northern Ireland, Prisons
The court considered the meaning of the Prisons Rules, and the ability of a governor to order searches of prisoners: "the power conferred by Rule 9(1) is intended to be an unqualified power, and the governor is entitled to order a prisoner to be searched whenever he sees fit, subject only to contrary direction of the Secretary of State. It would, I think, be inconsistent with the position of a prisoner lawfully confined in a prison to import a qualification into the power of search which would permit him or her to decide whether the search order was validly given and the reason for it properly explained, to refuse to obey and to resist the officer directed to carry out the search. To permit this would tend to undermine prison discipline to a material degree, and I do not think that it was intended . . In any event, I consider that it was perfectly obvious to all the prisoners searched that the prison officers were searching for some unauthorised object or objects. That knowledge found sufficient notification of the reason for the search, if such notification was, contrary to my view, required. It was not incumbent upon the governor to have the prisoners informed of the exact nature of the object being sought, still less to divulge where the information came from that led him to decide to have the search carried out."
1 Citers


 
Regina v Secretary of State for the Home Department ex parte Creamer and Scholey Unreported, 1992
1992
QBD
Rose LJ
Prisons
"A prisoner's right to make representations is largely valueless unless he knows the case against him and secret, unchallengeable reports which may contain damaging inaccuracies and which result in continuing loss of liberty are, or should be, anathema in a civilised, democratic society."
1 Citers


 
Campbell v The United Kingdom 13590/88; (1992) 15 EHRR 137; [1992] ECHR 41
25 Mar 1992
ECHR

Human Rights, Prisons, Scotland
The applicant complained about the compatibility with the European Convention of the Prisons rule 74(4) which provided that "every letter to or from a prisoner shall be read by the Governor . . and it shall be within the discretion of the Governor to stop any letter if he considers that the contents are objectionable." Held: The interference with the applicant's correspondence violated article 8. "Admittedly, as the Government pointed out, the borderline between mail concerning contemplated litigation and that of a general nature is especially difficult to draw and correspondence with a lawyer may concern matters which have little or nothing to do with litigation. Nevertheless, the Court sees no reason to distinguish between the different categories of correspondence with lawyers which, whatever their purpose, concern matters of a private and confidential character. In principle, such letters are privileged under Article 8. This means that the prison authorities may open a letter from a lawyer to a prisoner when they have reasonable cause to believe that it contains an illicit enclosure which the normal means of detection have failed to disclose. The letter should, however, only be opened and should not be read. Suitable guarantees preventing the reading of the letter should be provided, eg opening the letter in the presence of the prisoner. The reading of a prisoner's mail to and from a lawyer, on the other hand, should only be permitted in exceptional circumstances when the authorities have reasonable cause to believe that the privilege is being abused in that the contents of the letter endanger prison security or the safety of others or are otherwise of a criminal nature. What may be regarded as 'reasonable cause' will depend on all the circumstances but it presupposes the existence of facts or information which would satisfy an objective observer that the privileged channel of communication was being abused."
Prison (Scotland) Rules 1952 (SI 1952/565) 74(4) - European Convention on Human Rights 8
1 Cites

1 Citers

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 Regina v Parole Board and Another ex parte Wilson; CA 6-May-1992 - Gazette, 06 May 1992; [1992] QB 740; [1992] 2 WLR 707
 
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