Practice and Procedure

R V SECRETARY OF STATE FOR THE HOME DEPARTMENT, EX PARTE DALY (2001)

PUBLISHED May 23, 2001
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[2001] UKHL 26

A prisoner maintained three main rights whilst in custody: (i) the right of access to a court; (ii) the right of access to legal advice; and (iii) the right to communicate confidentially with a legal adviser under the seal of legal professional privilege. These rights could only be curtailed by clear and express words and then only to the extent reasonably necessary to meet the ends which justified the curtailment. A policy allowing prison staff to search a prisoner's legally privileged correspondence in his absence could not stand.

HL (Lord Bingham of Cornhill, Lord Steyn, Lord Cooke of Thorndon, Lord Hutton, Lord Scott of Foscote)

23/05/2001

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