Raymond v Honey
[1983] 1 AC 1
Independent editorial summary — not the official judgment. Read the full judgment via the source link.
Ratio Decidendi
A convicted prisoner retains all civil rights which are not taken away expressly or by necessary implication. A prison governor has no authority to impede a prisoner's right of access to the courts.
Facts
A prison governor intercepted a prisoner's letter to his solicitor containing documents intended for use in legal proceedings. The prisoner sought a declaration that the governor's actions were unlawful.
Judgment Summary
The House of Lords held that a prisoner retains the right of unimpeded access to the courts. The governor's interference with the prisoner's correspondence with his solicitor was ultra vires.
Key Quotes
A convicted prisoner, in spite of his imprisonment, retains all civil rights which are not taken away expressly or by necessary implication.
Editorial summary of reasoning attributed to Lord Wilberforce(not a verbatim quotation)
Subsequent Treatment
Foundation of prisoners' rights jurisprudence in English law.
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