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R (Daly) v Secretary of State for the Home Department [2001]


  • 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


  • Was the searching of legally privileged items disproportional


  • Yes, claim successful


  • 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
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