Cannan v Governor of HMP Sutton & Anor [2003] EWCA Civ 1480 (09 October 2003)

Cannan v Governor of HMP Sutton & Anor [2003] EWCA Civ 1480 (09 October 2003)

A prison policy requiring prior written application for transmission of legal documents is lawful and proportionate if it includes sufficient flexibility to allow for clearance without prior notice where justified; a rigid 'exceptional circumstances' threshold is unlawful if it results in unjustifiable or disproportionate interference with prisoners' Convention rights.

Citation
[2003] EWCA Civ 1480
Parties
Claimant/appellant: Cannan; Defendant/respondent: The Governor of HMP Sutton & Anr
Jurisdiction
England and Wales
Judgment Date
09 October 2003
Procedural Posture
Judicial Review / Appeal From High Court (queen's Bench Division) to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Prisoners' Rights, Right to Fair Trial, Legal Professional Privilege, Proportionality, Judicial Review of Prison Policy
Human Rights Law Prison Law Administrative Law Prisoners' Rights Right to Fair Trial Legal Professional Privilege Proportionality Judicial Review of Prison Policy

Case Brief

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Parties

Cannan

Claimant/appellant

The Governor of HMP Sutton & Anr

Defendant/respondent

Procedural Posture

Judicial Review / Appeal From High Court (queen's Bench Division) to Court of Appeal

Legal Issues

  1. 1 Whether the prison policy requiring prisoners to apply in writing at least a day in advance for permission to transmit legal documents on legal visits is lawful and proportionate under Article 6 of the European Convention on Human Rights
  2. 2 Whether the policy's 'exceptional circumstances' threshold for late transmission unlawfully restricts prisoners' Convention rights

Ratio Decidendi

A prison policy requiring prior written application for transmission of legal documents is lawful and proportionate if it includes sufficient flexibility to allow for clearance without prior notice where justified; a rigid 'exceptional circumstances' threshold is unlawful if it results in unjustifiable or disproportionate interference with prisoners' Convention rights.

Court Disposition

Appeal allowed

Orders

  • No formal relief granted as the impugned policy has been superseded by a new Governor's Order.
  • No order for costs; detailed assessment of appellant's costs.