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High Court, by way of judicial review, refuses to order the return of medical items to a prisoner (which had been taken from his cell following a routine search) or the installation of shower/toilet curtains, on the grounds that: a) the relief sought is not warranted and would constitute an undue interference by the court with the management of the prison; and b) the rationale underlying the prohibition of toilet/shower screens of the type sought by the applicant, or the removal of the extra duvets and towels in the absence of any written medical recommendation, does not fly in the face of reason or fundamental common sense.
Prison law – judicial review – return of medical items to prisoner which had been taken from his cell following a routine search – whether the removal of the shower/toilet curtains from the cells was a clear breach of his rights – Article 40.3.1 and Article 40.3.2 of the Constitution and Article 8 of the European Convention on Human Rights – Prison Rule 22 – Prison Rule 75 – Court’s capacity to intervene in the decision-making of the Prison Services – rationale underlying the first respondent’s prohibition of toilet/shower screens of the type sought by the applicant, or the removal of the extra duvets and towels in the absence of any written medical recommendation, does not fly in the face of reason or fundamental common sense – reliefs sought refused.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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