No risk to ECHR rights on proper construction of the PSI


Re: BK & Anor v Secretary of State for Justice [2015] EWCA Civ 1259

The appellants challenged the operation of the prison policy on full body searches under PSI 67/2011, arguing that it contravened ECHR, art 3 and/or 8. The Court dismissed the challenge, but suggested that it could be advantageous to review the drafting and requirements.

Helen Mountfield QC and Anita Davies were involved in this case.