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Northern Irish Court of Appeal allows appeal of judicial review, and remits to High Court for consideration of whether the discretionary policy of full body-searching of prisoners was practiced in an inflexible manner.
Judicial review - appeal from High Court (Treacy J), refusing judicial review - body searching of prisoners - refusal by applicant to comply with body searching on leaving and entering prison on bail or when attending court - alleged agreement that body searching not to be carried out on separated prisoners - Rule 16 of the Prisons and Young Offenders Centre Rules (Northern Ireland) 1995 - Article 8, European Convention on Human Rights - lawfulness of body searches - whether discretion exercised as to whether body search required - Section 13 of the Prison Act (Northern Ireland) 1953 - provision for prison rules - rights afforded to prisoners - whether searches were lawful, proportionate or necessary - whether body searching policy applied in an inflexible manner.
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