A, R (On the Application Of) v Home Secretary

The monitoring conditions imposed on interviews between detainees and journalists, including tape recording and presence of officials, are justified and proportionate restrictions under Article 10(2) ECHR, necessary for national security and good order. No lesser measures would suffice, and the balance struck by the Secretary of State is not unlawful or disproportionate.

Parties: Claimant: R (on the application of ‘A’ and others); Respondent: Home Secretary; Interested Party: West London Mental Health Trust
Jurisdiction: England and Wales
Judgment Date: 27 November 2003
Procedural Posture: Judicial Review / Judgment After Substantive Hearing
Outcome: Application dismissed
Legal Topics: Freedom of Expression, Prisoner Rights, National Security, Judicial Review, Media Access

Constitutional Law Human Rights Law Prison Law Freedom of Expression Prisoner Rights National Security Judicial Review Media Access

Case Brief

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Full judgment text Downloadable case file Legal principles 5 Authorities cited 13 Party arguments 2

Parties

R (on the application of ‘A’ and others)

Claimant

Home Secretary

Respondent

West London Mental Health Trust

Interested Party

Procedural Posture

Judicial Review / Judgment After Substantive Hearing

Legal Issues

1 Whether the monitoring conditions imposed on media interviews with detainees violate Article 10 of the European Convention on Human Rights
2 Whether such restrictions are justified under Article 10(2) as necessary in a democratic society for national security and good order

Ratio Decidendi

Court Disposition

Application dismissed

Orders

Application for judicial review dismissed
No order as to costs except detailed assessment of claimants' costs payable out of the legal aid fund