Page values for "R v SSHD, ex p Leech (No 2) (1993) EWCA Civ 12"

"_pageData" values

_creationDate2019-05-03 1:13:45 PM
_modificationDate2019-05-03 1:15:46 PM
_categories1993_cases Cases Judgment_available_on_Bailii Prison_law_cases
_pageNameOrRedirectR v SSHD, ex p Leech (No 2) (1993) EWCA Civ 12

"Cases" values

SentencePrison Rules and solicitor-client letters
Summary"Section 47 (1) of the Prison Act 1952 empowers the Secretary of State to make rules for the regulation and management of prisons. Rule 33 (3) of the Prison Rules 1964 provides as follows: "(3) Except as provided by these Rules, every letter or communication to or from a prisoner may be read or examined by the governor or an officer deputed by him, and the governor may, at his discretion, stop any letter or communication on the ground that its contents are objectionable or that it is of inordinate length." The principal question arising on this appeal is whether Rule 33 (3) is ultra vires section 47 (1) of the Act on the ground that it permits the reading and stopping of confidential letters between a prisoner and a solicitor on wider grounds than merely to ascertain whether they are in truth bona fide communications between a solicitor and client."
SubjectPrison law cases
JudgesNeill Steyn Rose
PartiesSecretary of State for the Home Department Leech (Mark Francis)
CourtCourt of Appeal (Civil Division)
NCN[1993] EWCA Civ 12
Other_citations[1994] QB 198 [1993] 3 WLR 1125