R v Secretary of State for the Home Department, ex parte Simms

Facts

Prisoners wanted to give oral interviews to journalists to challenge their convictions. A blanket policy banned this.

Issue

Was the blanket ban lawful?

Held

No. The policy was unlawful.

Principle

General words in a statute do not authorise the overriding of fundamental rights such as freedom of expression (the principle of legality).

Why it matters

A leading case on freedom of expression and the principle of legality.

For study only. By lanbuk.com. Always check current sources and consult a qualified professional.