면책조항: 이것은 법률 자문이 아닙니다. 법률과 판례는 변경됩니다. 귀하의 특정 상황에 대해 항상 자격을 갖춘 변호사와 상담하십시오.

모든 판례
Prison & Parole
House of Lords
1983

Raymond v Honey

[1983] 1 AC 1

판결 이유

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.

사실관계

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.

판결 요약

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.

주요 인용문

"A convicted prisoner, in spite of his imprisonment, retains all civil rights which are not taken away expressly or by necessary implication."

Lord Wilberforce

후속 처리

Leading Authority

Foundation of prisoners' rights jurisprudence in English law.