R v Secretary of State for the Home Department, ex p Daly [2001] UKHL 26

Facts:

  • D, a long term prisoner, appealed against the refusal by the CoA of his application for judicial review of the blanket policy introduced by the Home Secretary which authorised cell searches in prisons and in particular, required correspondence between a prisoner and his legal advisers to be examined in the prisoner’s absence.
  • It was submitted that the examination of legal correspondence in a prisoner’s absence was not authorised by the Prison Act 1952 s.47(1) and constituted a breach of the Human Rights Act 1998 Sch.1 Part I Art.8(1).

Ratio:

  • Appeal allowed.
  • The blanket policy infringed D’s common law right to legal professional privilege.
  • The intensity of review was greater under the proportionality approach.

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