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.
Hechos
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.
Resumen de la sentencia
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.
Citas clave
"A convicted prisoner, in spite of his imprisonment, retains all civil rights which are not taken away expressly or by necessary implication."
— Lord Wilberforce
Tratamiento posterior
Foundation of prisoners' rights jurisprudence in English law.