|The Nation truly in Peril - 1940|
The issue in the case was who could authorise the segregation (solitary confinement) of a prisoner: the Prison Governor or the Secretary of State for Justice? The relevant regulations (links are in the 29th July post) were actually clearly worded. The Governor could authorise segregation up to 72 hours. Beyond that, the regulations required segregation to be authorised by the Secretary of State for Justice and it could be authorised up to a maximum of 14 days. Two men - (and, yes, both men were in prison following conviction for very serious offences including terrorism-related offences) - were segregated for way beyond even 14 days without the authority of the Secretary of State. The Supreme Court held that to be unlawful.
The reasoning was that COMMON LAW