Cannan v Governor of HMP Sutton & Anor

Cannan v Governor of HMP Sutton & Anor

The prison's prior clearance rule for legal documents is proportionate if accompanied by a flexible proviso, but the 'exceptional circumstances' threshold and lack of clear, flexible policy unlawfully restrict prisoners' Convention rights. The new policy improves clarity but remains deficient in flexibility and compliance with Article 6.

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, Legal Professional Privilege, Access to Courts, Proportionality, Policy Compliance With Convention Rights
Constitutional Law Prison Law Human Rights Prisoners' Rights Legal Professional Privilege Access to Courts Proportionality Policy Compliance With Convention Rights

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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's policy on transmission of legal documents during legal visits unlawfully restricts prisoners' rights to confidential communication with legal advisers under Article 6 of the European Convention on Human Rights
  2. 2 Whether the requirement for prior notice and the 'exceptional circumstances' proviso are proportionate and lawful

Ratio Decidendi

The prison's prior clearance rule for legal documents is proportionate if accompanied by a flexible proviso, but the 'exceptional circumstances' threshold and lack of clear, flexible policy unlawfully restrict prisoners' Convention rights. The new policy improves clarity but remains deficient in flexibility and compliance with Article 6.

Court Disposition

Appeal allowed

Orders

  • No formal relief granted as the impugned policy is superseded
  • No order for costs