R. v Secretary of State for the Home Department ex p. Leech No.2 [1993] EWCA Civ 12
Citation:R. v Secretary of State for the Home Department ex p. Leech No.2 [1993] EWCA Civ 12
Rule of thumb:Do prisoners have a right to legal correspondence & reasons regarding their release or refusal of release? Yes, these are fundamental rights prisoners possess.
Judgment:
‘By way of summary, we accept that section 47 (1) by necessary implication authorises some screening of correspondence passing between a prisoner and a solicitor. The authorised intrusion must, however, be the minimum necessary to ensure that the correspondence is in truth bona fide legal correspondence. In Solosky v. The Queen, supra, Dickinson J explained this idea in the following concrete terms (at 761 762): “In my view the 'minimum extent necessary to establish whether it is properly the subject of solicitor client privilege' should be interpreted in such manner that (i) the contents of an envelope may be inspected for contraband; (ii) in limited circumstances, the communication may be read to ensure that it, in fact, contains a confidential communication between a solicitor and client written for the purpose of seeking or giving legal advice; (iii) the letter should only be read if there are reasonable and probable grounds for believing the contrary, and then only to the extent necessary to determine the bona fides of the communication; (iv) the authorized penitentiary official who examines the envelope, upon ascertaining that envelope contains nothing in breach of security, is under a duty at law to maintain the confidentiality of the communication." A rule along broadly similar lines would in our view by necessary implication be within the scope of the rule making power under section 47 (1). But Rule 33 (3) is extravagantly wide. The very technique of dealing in one provision with ordinary correspondence and legal correspondence is flawed. In our view the Secretary of State strayed beyond the proper limits of section 47 (1) when he made Rule 33 (3). We would allow the appeal and grant a declaration the Rule 33 (3) is ultra vires so far as it purports to apply to correspondence between prisoners and their legal advisers’, Steyn LJ.
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.