R v SSHD, ex p Leech (No 2) [1993] EWCA Civ 12

Prison Rules and solicitor-client letters "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."

CASES DATABASE

Full judgment: BAILII

Subject(s):

Prison law cases🔍 See Prison law for background information

Date: 19/5/93🔍

Court: Court of Appeal (Civil Division)🔍

Judge(s):

Neill🔍
Steyn🔍
Rose🔍

Parties:

Secretary of State for the Home Department🔍
Leech (Mark Francis)🔍

Citation number(s):

[1993] EWCA Civ 12^B
[1994] QB 198^B, [1993] 3 WLR 1125^B

What links here:

Published: 3/5/19 13:13

Cached: 2024-11-21 20:37:05