The claimants challenged the instruction that they must squat whilst undergoing a strip search in prison. A dog search had given cause to supect the presence of explosives in the wing, and the officers understood that such explosives might be hidden anally.
Held: The common thread in all the cases has been the search to find whether an objective need for the intrusion or interference with prisoners has been made out. ‘the questions and issues in relation to security and the management of prisons as presented by the Secretary of State cannot be regarded as irrational or incapable of providing substantial objective justification for squat searches without a prisoner being informed of the substance of the reason for the search.’ It is appropriate to accord to the Secretary of State a measure of deference in balancing circumstances and in determining what is required.
Judges:
Newman J
Citations:
[2001] EWHC Admin 110
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Hinds and other v The Queen; Director of Public Prosecutions v Jackson, attorney General of Jamaica (Intervenor) PC 1-Dec-1975
The Gun Court Act 1974 of Jamaica established special courts at different levels to deal with varieties of crimes involving guns. There was provision for hearings to be held in camera. Certain offences carried mandatory life sentences reviewable . .
Cited – Regina 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 . .
Cited – Lindley v Rutter CA 1981
The defendant had been taken into police custody upon arrest for disorderly behaviour. Police officers, acting in accordance with what they believed to be standing orders to search every female prisoner, in the face of a refusal by the defendant to . .
Cited – Raymond 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 . .
Cited – Regina v Deputy Governor of Parkhurst Prison, Ex parte Hague, Weldon v Home Office HL 24-Jul-1991
The prisoner challenged the decision to place him in segregation under Prison Rule 43. Under rule 43(1) the initial power to segregate was given to ‘the governor’. The case arose from the fact that the governor of one prison had purported to . .
Cited – McFeeley and others v The United Kingdom ECHR 15-May-1980
(Commission) The claimants had been convicted of terrorist-type offences in Northern Ireland and were serving prisoners in HMP The Maze. They protested at a change of regime imposed in 1976, resulting in them not being permitted association with the . .
Cited – Re Baker and other Applicants QBNI 1992
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 . .
Cited – Weatherall v Canada 1988
(Canada) One of the limitations on a prisoner’s rights arising out of his conviction and imprisonment was his subjection to searches necessary for the security and good order of the prison: ‘Nevertheless, such searches should be subject to some . .
Cited – Soenen v Director of Edmonton Remand Centre 1983
(Canada) A remand prisoner complained about rectal searches: ‘The applicant’s third complaint is that sometimes members of the Detention Centre staff, who were searching for such things as forks, knives, or other objects, require the inmates who are . .
Cited – Regina v Director of Public Prosecutions, ex parte Kebilene and others HL 28-Oct-1999
(Orse Kebeline) The DPP’s appeal succeeded. A decision by the DPP to authorise a prosecution could not be judicially reviewed unless dishonesty, bad faith, or some other exceptional circumstance could be shown. A suggestion that the offence for . .
Cited – Regina v Gough (Robert) HL 1993
The defendant had been convicted of robbery. He appealed, saying that a member of the jury was a neighbour to his brother, and there was therefore a risk of bias. This was of particular significance as the defendant was charged with conspiracy with . .
Cited – Regina v Secretary of State for Home Department ex parte Mahmood CA 8-Dec-2000
A Pakistani citizen entered the UK illegally and claimed asylum. A week before his claim was refused and he was served with removal directions, he married a British citizen of Pakistani origin. Two children were later born.
Held: Only . .
Cited – Regina v Liverpool City Justices ex parte Topping 1983
When the Applicant appeared before the Justices, his solicitor submitted that the Justices should acknowledge that they were aware that in addition to the matter which they were about to try (that is to say an offence of criminal damage against a . .
Cited – Regina v Board of Visitors ex parte Lewis 1986
. .
Cited – Regina v The Board of Visitors of HMP The Maze ex parte Hone and McCartan 1988
The question whether a prisoner or young offender is entitled to legal representation at an internal prison adjudication is one for the discretion of the relevant authority. . .
Cited – Regina v Home Secretary, Ex parte Tarrant and Others 1985
An application for an oral hearing by the prisoner had been made on a special basis. The court set out six considerations of the conditions under which a prisoner facing internal disciplinary proceedings should be given access to legal . .
Cited – In Re Medicaments and Related Classes of Goods (No 2); Director General of Fair Trading v Proprietary Association of Great Britain and Proprietary Articles Trade Association CA 21-Dec-2000
The claimants alleged that a connection between a member of the Restrictive Practices Court, who was to hear a complaint and another company, disclosed bias against them. She had not recused herself.
Held: When asking whether material . .
Cited – Regina v HM Prison Service ex parte Hibbert Admn 16-Jan-1997
The general contention that the governor, being part of the prison administration and privy to the decision, could not conduct an adjudication within th eprison was not ‘something outside the normal situation, which could justify intervention in . .
Cited – Regina v Chief Constable of the Thames Valley Police, Ex parte Cotton CA 1990
The Chief Constable’s power to dispense with a probationer’s services under Condition 7 is only exercisable in cases where the probationer constable’s unfitness does not arise from alleged misconduct, for example where it arises from the constable’s . .
Cited – Regina v The Joint Committee on Surgical Training ex parte Milner Admn 4-May-1994
The court rejected the applicant’s complaint about the non-disclosure of his tutors’ reports upon his surgical abilities on the footing that he ‘has not demonstrated that the evidence on which the [advisory committee] relied is amenable to any . .
Cited – Pakelli v Germany ECHR 25-Apr-1983
A person charged with a criminal offence who does not wish to defend himself in person, must be able to have recourse to legal assistance of his own choosing. . .
Cited – Campbell and Fell v The United Kingdom ECHR 28-Jun-1984
Campbell and others had been involved in conduct within the prison leading to charges against them of mutiny and of striking an officer with a broom handle. The nature of the conduct in question was plainly susceptible of giving rise to criminal . .
Cited – Engel And Others v The Netherlands (1) ECHR 8-Jun-1976
The court was asked whether proceedings in a military court against soldiers for disciplinary offences involved criminal charges within the meaning of Article 6(1): ‘In this connection, it is first necessary to know whether the provision(s) defining . .
Cited – Regina v Board of Visitors of Hull Prison, Ex parte St Germain (No 2) CA 1979
Proper Limits on Imprisonment
The court discussed the proper limits of imprisonment: ‘despite the deprivation of his general liberty, a prisoner remains invested with residuary rights appertaining to the nature and conduct of his incarceration . . An essential characteristic of . .
Cited – O’Reilly v Mackman HL 1982
Remission of Sentence is a Privilege not a Right
The plaintiffs had begun their action, to challenge their loss of remission as prisoners, by means of a writ, rather than by an action for judicial review, and so had sidestepped the requirement for the action to be brought within strict time . .
Cited – Ozturk v Germany ECHR 21-Feb-1984
A minor infringement may be the subject of a criminal charge: ‘If the Contracting States were able at their discretion, by classifying an offence as ‘regulatory’ instead of criminal, to exclude the operation of the fundamental clauses of Articles 6 . .
Appealed to – Regina v Carroll and Al-Hasan and Secretary of State for Home Department CA 19-Jul-2001
Two appellants were prisoners at a high security prison. A search involved the prisoner squatting so that items which might be hidden in their genital or anal areas could be seen. The appellants refused to squat. Both were charged with refusing to . .
Cited – Christie v Leachinsky HL 25-Mar-1947
Arrested Person must be told basis of the Arrest
Police officers appealed against a finding of false imprisonment. The plaintiff had been arrested under the 1921 Act, but this provided no power of arrest (which the appellant knew). The officers might lawfully have arrested the plaintiff for the . .
Cited by:
Appeal From – Regina v Carroll and Al-Hasan and Secretary of State for Home Department CA 19-Jul-2001
Two appellants were prisoners at a high security prison. A search involved the prisoner squatting so that items which might be hidden in their genital or anal areas could be seen. The appellants refused to squat. Both were charged with refusing to . .
First Instance – Al-Hasan, Regina (on the Application of) v Secretary of State for the Home Department HL 16-Feb-2005
Prisoners were disciplined after refusing to be squat searched, saying that the procedure was humiliating and that there were no reasonable grounds to suspect them of any offence against prison discipline. The officer who had been involved in . .
Lists of cited by and citing cases may be incomplete.
Prisons, Torts – Other
Updated: 17 May 2022; Ref: scu.140278