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

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R (on the application of Daly) v Secretary of State for the Home Department was a House of Lords case concerning the rights of a prisoner when his cell is searched by prison officers. 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. The opinion was given on 23 May 2001, and the prisoner's case was accepted.


  • 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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