Simm’s Application for Judicial Review; O’Brien’s Application for Judicial Review and Main’s Application for Judicial Review: CA 4 Dec 1997

In two cases, long term prisoners who asserted their innocence were in touch with journalists. Challenges were made against conditions imposed on their access that materials obtained during the visits should not be disclosed by the journalists. A third prisoner challenged the inspection of correspondence with his solicitor. The prison governors’ now appealed against rulings in the favor of the prisoners as to th validity of the Prison Service Standing Orders.

Kennedy, Judge, Chadwick LJJ
[1997] EWCA Civ 2913, [1998] 2 All ER 491
Prison Rules 1964 33(1)
England and Wales
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 . .
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 . .

Lists of cited by and citing cases may be incomplete.

Prisons, Media

Leading Case

Updated: 09 November 2021; Ref: scu.143312