Wainwright and another (Appellants) v. Home Office (Respondents), (2003)

House of Lords

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Wainwright and another (Appellants) v. Home Office (Respondents), (2003)

HOUSE OF LORDS

SESSION 2002-03

[2003] UKHL 53

on appeal from: [2001] EWCA Civ 2081

OPINIONS

OF THE LORDS OF APPEAL

FOR JUDGMENT IN THE CAUSE

Wainwright and another (Appellants)

v.

Home Office (Respondents)

ON

THURSDAY 16 OCTOBER 2003

The Appellate Committee comprised:

Lord Bingham of Cornhill

Lord Hoffmann

Lord Hope of Craighead

Lord Hutton

Lord Scott of Foscote

HOUSE OF LORDS

OPINIONS OF THE LORDS OF APPEAL FOR JUDGMENT

IN THE CAUSE

Wainwright and another (Appellants) v. Home Office (Respondents)

[2003] UKHL 53

LORD BINGHAM OF CORNHILL

My Lords,

1.  I have had the advantage of reading in draft the opinion of my noble and learned friend Lord Hoffmann. I agree with it, and for the reasons which he gives I would dismiss this appeal.

LORD HOFFMANN

My Lords,

2.  On 15 August 1996 Patrick O'Neill was taken into custody on a charge of murder and held at Armley Prison, Leeds. The prison authorities suspected that while awaiting trial he was dealing in drugs. They did not know how he obtained his supplies but people who visit prisoners are a common source of drugs and other contraband. So the governor gave instructions that anyone who wanted an open visit with Patrick O'Neill had first to allow himself (or herself) to be strip searched....

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