An order by a prison governor that a prisoner must submit to a random drug test depended for its lawfulness upon the selection being genuinely random. The order to submit and the order to attend for the test could not be separated. Although in fact the repeated selection of the prisoner, whilst genuinely random, had not been under circumstances where the method and implications of selection had been properly explained. Accordingly the order to attend was unlawful, and the court declined to exercise any discretion to allow the punishment to stand.
Citations:
Times 31-Aug-2000
Statutes:
Prisons Act 19525 16A, Prison Rules 1999 (1999 No 728) 46A, Prison (Amendment) Rules 2000 (2000 No 1794)
Torts – Other, Prisons
Updated: 09 April 2022; Ref: scu.85516
