R (Daly) v Secretary of State for the Home Department
[2001] UKHL 26
Ratio Decidendi
A blanket policy requiring prisoners to be absent from their cells during searches of legally privileged correspondence is unlawful. Proportionality requires a more nuanced approach than Wednesbury unreasonableness.
Facts
The Home Secretary adopted a blanket policy that prisoners must be absent from their cells while officers examined their legally privileged correspondence. The policy applied to all prisoners regardless of individual circumstances.
Judgment Summary
The House of Lords held the policy unlawful. It infringed the right to legal professional privilege more than was necessary. Lord Steyn's speech clarified the relationship between proportionality and Wednesbury review.
Key Quotes
"The intensity of review in a proportionality case will depend on the subject matter in hand."
— Lord Steyn
Subsequent Treatment
Key authority on proportionality in judicial review and prisoners' rights to legal professional privilege.