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 with the prisoner’s rights. The materials were not privileged, but were intended for publication contrary to the standing orders. … Continue reading Nilsen, Regina (on the Application of) v Governor of HMP Full Sutton and Another: Admn 19 Dec 2003
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 undertakings from the journalists not to publish any element of the interview. … Continue reading Regina v Secretary of State for The Home Department Ex Parte Simms: HL 8 Jul 1999
The claimant prisoner objected to the defendant’s policies that male prisoners were not to be allowed to refuse ‘rub-down’ searches by female prison officers, save on religious or cultural grounds. He said that the exceptions were too tightly . .
Four prisoners challenged the refusal to grant them enhanced status under the prison’s Incentives and Earned Privileges Scheme. Each maintained a denial of guilt and so was not eligible for a treatment programme.
Held: The applications failed. . .
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 . .
The claimant and her son sought to visit her other son in Leeds Prison. He was suspected of involvement in drugs, and therefore she was subjected to strip searches. There was no statutory support for the search. The son’s penis had been touched which was a battery. Held: The policy considerations which limit the heads … Continue reading Wainwright and another v Home Office: HL 16 Oct 2003
The defendant prisoner had been disciplined for using a racist term against a prison officer. He complained that the failure to give reasons for the finding of guilt made the decision void. Held: The disciplinary proceedings could lead to loss of remission, and therefore his liberty was at stake. However there was no statutory duty … Continue reading Regina (Gleaves) v Secretary of State for the Home Department: QBD 10 Nov 2004
The applicant sought review of a decision to remove him from a witness protection scheme within the prison. He claimed that having been promised protection, he had a legitimate expectation of protection, having been told he would receive protection while he was in prison. He had not eventually been relied upon as a witness. Held: … Continue reading Bloggs 61, Regina (on the Application of) v Secretary of State for the Home Department: CA 18 Jun 2003
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 receiving advice and assistance in connection with a possible institution of proceedings in … Continue reading Regina v Secretary of State Home Department, ex parte Leech (No 2): CA 20 May 1993
The claimant challenged his prisoner classification and risk assessment which led to him being held at a high security prison. He was over 60 years old, and in poor health. Held: The request for review failed. The court was satisfied that at all stages, full account has been taken of the possible impact of the … Continue reading Walker v Secretary of State for Justice: Admn 16 Dec 2009
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 to any legislation altering the situation, a prisoner retains all his rights that are not taken … Continue reading Raymond v Honey: HL 4 Mar 1981