SILVER AND OTHERS v. THE UNITED KINGDOM JUGDMENT
6
This applicant apparently complained unsuccessfully through the internal
prison channels of the stopping of 6 of the 14 letters, namely nos. 20, 22,
23, 24, 26 and 27.
F. Mr. McMahon
21. The sixth applicant, Mr. Michael McMahon, is a United Kingdom
citizen, born in 1944. When he lodged his application with the Commission
(8 July 1975), he was serving a sentence of imprisonment in England, as a
"category A" prisoner, after being convicted of murder. He was released on
18 July 1980.
22.
In the period from March 1975 to February 1976, 11 of Mr.
McMahon’s outgoing letters were stopped by the prison authorities and one
letter to him was withheld.
This applicant submitted three petitions to the Home Secretary, of which
one was successful: it was admitted that a letter to the Archbishop of
Canterbury (no. 33) should not have been stopped as the addressee was a
Member of Parliament; the letter was accordingly sent and Mr. McMahon
withdrew his complaint in this respect. The reasons for the stopping or
withholding of the remaining 11 letters are indicated in paragraphs 59, 61,
66 and 70 below.
G. Mr. Carne
23.
The seventh applicant, Mr. Desmond Roy Carne, is a United
Kingdom citizen, born in 1945. When he lodged his application with the
Commission (5 April 1975), he was serving a sentence of imprisonment in
England after being convicted of theft. He was released on 30 August 1977.
24. In the period from November 1974 to May 1976, 22 of Mr. Carne’s
letters were stopped by the prison authorities for the reasons indicated in
paragraphs 59, 60, 64, 66, 67 and 68 below.
This applicant apparently complained, either through the internal prison
channels or by having the matter raised with the Parliamentary
Commissioner for Administration, of the stopping of each of these letters,
but to no avail.
II. DOMESTIC LAW AND PRACTICE
25. The control over and responsibility for prisons and prisoners in
England and Wales is vested by the Prison Act 1952 in the Home Secretary.
He is empowered by section 47(1) of that Act to make rules "for the
regulation and management of prisons ... and for the classification,
treatment, employment, discipline and control of persons required to be
detained therein". Such rules are contained in statutory instruments laid