The prisoner complained that the prison arranged that outgoing telephone calls from the prison should be preceded by a message which said the call was being made from a prison.
Held: There was no lawful authority for the message. The prison rules allowed rules to be made for the purposes of the regulation, management or discipline of prisons. This rule was not for these purposes, and the impingement on the claimants human rights went beyond what might be necessary for such purposes. It was a breach of the prisoners article 8.2 rights and ultra vires at common law.
Judges:
Lord Glennie
Citations:
Times 04-Apr-2007, [2007] ScotCS CSOH – 56, 2007 SLT 1019
Links:
Statutes:
European Convention on Human Rights 8.2
Jurisdiction:
Scotland
Prisons, Human Rights
Updated: 06 August 2022; Ref: scu.252862
