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.
Held: Section 47 of the Act speaks not only of regulation and management of prisons but control of prisoners, and one legitimate aspect of a sentence of imprisonment is that it renders subject to control the exercise of the prisoner’s freedom to express himself to those who are outside the prison. ‘We do not believe that any penal system could readily contemplate a regime in which a rapist or a murderer would be permitted to publish an article glorifying in the pleasure that his crime had caused him. English jurisprudence suggests that to restrict prisoners from publishing such matter is a legitimate exercise of the power conferred on the Secretary of State by the Prison Act. ‘
Mr Justice Gage, Lord Justice Kennedy, Lord Phillips Master Of The Rolls
[2004] EWCA Civ 1540, Times 23-Nov-2004, [2005] 1 WLR 1028
Bailii
European Convention on Human Rights, Prison Rules 1999
England and Wales
Citing:
CitedRaymond v Honey HL 4-Mar-1981
The defendant prison governor had intercepted a prisoner’s letter to the Crown Office for the purpose of raising proceedings to have the governor committed for an alleged contempt of court.
Held: The governor was in contempt of court. Subject . .
[1982] AC 1, [1981] UKHL 8, [1983] 1 AC 1, [1982] 1 All ER 756, (1982) 75 Cr App R 16, [1982] 2 WLR 465
CitedRegina v Secretary of State for The Home Department Ex Parte Simms HL 8-Jul-1999
Ban on Prisoners talking to Journalists unlawful
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .
Times 09-Jul-99, Gazette 28-Jul-99, [1999] UKHL 33, [2000] 2 AC 115, [1999] 3 All ER 400, [1999] 3 WLR 328, [1999] EMLR 689, (1999) 7 BHRC 411, (1999) 2 CHRLD 359
CitedRegina v Secretary of State Home Department, ex parte Leech (No 2) CA 20-May-1993
Prison rules were ultra vires in so far as they provided for reading letters between prisoners and their legal advisers. Every citizen has a right of unimpeded access to the court. A prisoner’s unimpeded access to a solicitor for the purpose of . .
Independent 20-May-93, Times 20-May-93, [1994] QB 198, [1993] EWCA Civ 12, [1993] 3 WLR 1125
CitedRegina v Secretary of State for Home Department ex parte Mellor CA 4-Apr-2001
A prisoner had no right to facilities to artificially inseminate his wife. In this case, he might not be released for several years, and there were no medical reasons advanced for finding exceptional reasons under the Department policy. Provided the . .
Gazette 01-Jun-01, Times 01-May-01, [2001] EWCA Civ 472, [2002] QB 13, [2001] 3 WLR 533, [2001] 2 FLR 1158, (2001) 59 BMLR 1, [2001] 2 FCR 153, [2001] HRLR 38, [2001] Fam Law 736
CitedBamber v United Kingdom ECHR 11-Sep-1997
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 . .
33742/96,
CitedHirst v The United Kingdom (No. 2) ECHR 30-Mar-2004
(Commission) The prisoner alleged that the denial of his right to vote whilst in prison was disproportionate. He was serving a life sentence for manslaughter.
Held: The denial of a right to vote was in infringement of his rights and . .
74025/01, Times 08-Apr-04, (2004) 38 EHRR 825, [2004] ECHR 122
CitedSilver And Others v The United Kingdom ECHR 25-Mar-1983
There had been interference with prisoners’ letters by prison authorities. The Commission considered Standing Orders and Circular Instructions in relation to restrictions on correspondence. The rules were not available to prisoners and were . .
6205/73, [1983] 5 EHRR 347, [1983] ECHR 5, 7052/75, 5947/72
Appeal fromNilsen, Regina (on the Application of) v Governor of HMP Full Sutton and Another Admn 19-Dec-2003
The prisoner complained that having written an autobiography, the manuscript materials had been withheld, and that this interfered with his rights of freedom of expression.
Held: Such an action by the prison authorities was not incompatible . .
[2003] EWHC 3160 (Admin), Times 02-Jan-04, [2004] EMLR 9

Cited by:
Appealed toNilsen, Regina (on the Application of) v Governor of HMP Full Sutton and Another Admn 19-Dec-2003
The prisoner complained that having written an autobiography, the manuscript materials had been withheld, and that this interfered with his rights of freedom of expression.
Held: Such an action by the prison authorities was not incompatible . .
[2003] EWHC 3160 (Admin), Times 02-Jan-04, [2004] EMLR 9
CitedO’Dowd (Boy George) v National Probation Service London Admn 23-Dec-2009
Refusal of curfew relaxation was reasonable
The claimant had been released from prison early on licence subject to conditions including a home detention curfew. He was offered a place on a TV programme, Celebrity Big Brother, which would require relaxation or alteration of his place of . .
[2009] EWHC 3415 (Admin)
CitedO’Dowd (Boy George) v National Probation Service London Admn 23-Dec-2009
Refusal of curfew relaxation was reasonable
The claimant had been released from prison early on licence subject to conditions including a home detention curfew. He was offered a place on a TV programme, Celebrity Big Brother, which would require relaxation or alteration of his place of . .
[2009] EWHC 3415 (Admin)

These lists may be incomplete.
Updated: 16 December 2020; Ref: scu.219479