Facts
- Random searching of prisoners’ cells was authorised
- Daly made an ECHR art 8 claim that legally privileged material should not be searched during these random searches
Issue
- Was the searching of legally privileged items disproportional
Decision
- Yes, claim successful
Reasoning
- Proportionality is not part of the UK’s common law, however it is part of the Human Rights Act 1998, therefore is applicable to claims made under that act (by victims)
- The test of proportionality looks at a legislative objective and then looks at whether measures in place to achieve that objective are rationally connected to the objective and whether they are also necessary
- They were not necessary on in this case
