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The most important aspect of Tom’s case is the fact that no reasons were given for the search.
Member rating: No Rating | Words: | Submitted: Mon Jun 19 2006
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1. The most important aspect of Tom's case is the fact that no reasons were given for the search. It must be addressed whether the actions taken by the prison authorities, namely the tampering with of correspondence with his solicitor and the confiscation of his property would be held as lawful in a court. One perspective from which Tom could approach the issue is that which Craig1 identifies as the misuse of power argument. The House of Lords in Padfield2 said that if no reasons were given for a decision, as Tom has experienced, then it would be possible for the court to assume that none existed. The judgement in Padfield does not require all of the reason for a decision to be forthcoming, just one that supports the bodies policy or purpose of the legislation. Under this, the prison authorities would be obliged to justify their actions as "necessary to...
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