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R (Daly) v Secretary of State for the Home Department

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R (Daly) v SS for the Home Department
CourtUK House of Lords
Keywords
Searches, right to privacy

R (Daly) v Secretary of State for the Home Department [2001] UKHL 26 is a UK constitutional law case of the House of Lords case on the rights of a prisoner when his cell is searched by prison officers.

Facts

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The case concerned whether cell searches contravened a prisoner's right to private correspondence with his solicitor. The case is of importance for its use of a proportionality test in a judicial review case, a method copied from the jurisprudence of the European Convention on Human Rights.

Judgment

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The prisoner's case was accepted.

References

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  • Helen Fenwick and Gavin Phillipson, "Text, cases & materials on public law & human rights" (2 rev ed), Routledge Cavendish, 2003, ISBN 1-85941-655-1
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