R (Daly) v Secretary of State for the Home Department
| R (Daly) v SS for the Home Department | |
|---|---|
| Court | UK 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
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
The prisoner's case was accepted.
References
- Helen Fenwick and Gavin Phillipson, "Text, cases & materials on public law & human rights" (2 rev ed), Routledge Cavendish, 2003, ISBN 1-85941-655-1