Regina v Deputy Governor of Parkhurst Prison and others ex parte Hague (conjoined with Weldon v Secretary of State for the Home Department)

The Prison Rules 1964 are regulatory and do not, by themselves, give rise to a private law cause of action for damages when breached. Section 12(1) of the Prison Act 1952 furnishes lawful authority for confinement in prison and therefore, except in respect of torts committed without authority, a prisoner cannot convert a breach of prison rules into false imprisonment against the Governor or the Secretary of State. Prison officers acting without the governor's authority or in bad faith may, however, be personally liable in tort.

The appeals arise from two separate actions by convicted prisoners. In Hague the Court of Appeal declared that the procedure used to authorise continued segregation under Rule 43 of the Prison Rules 1964 was unlawful; Hague sought damages including for false imprisonment. In Weldon the claimant pleaded false imprisonment and assault after being confined overnight in a strip cell; the County Court and Court of Appeal refused to strike out that pleading. The central questions before the House were whether breaches of the Prison Rules give rise to private law claims for damages and whether a convicted prisoner can maintain an action for false imprisonment against prison authorities for unlawful deprivation of residual liberty or for being subjected to intolerable conditions.

1. Disposition: Appeal in Hague dismissed; appeal in Weldon allowed (Court ordered the pleaded words alleging false imprisonment to be struck out). (Per Lord Bridge of Harwich delivering the leading speech; Lord Jauncey, Lord Goff, Lord Ackner and Lord Lowry agreeing on outcome.)
2. Breach of prison rules: The Prison Rules 1964 are regulatory in character and were not intended generally to create private law causes of action for damages. The court followed earlier authorities (notably Arbon v. Anderson and Becker v. Home Office) and rejected the submission that each rule should be treated as conferring a private right merely because it protects prisoners. (Per Lord Bridge; approved by Lords Jauncey, Goff and Lowry.)
3. Statutory construction and scope: Section 47 (rule‑making power) of the Prison Act 1952 is wide but does not empower the Secretary of State to create private rights of action by rule absent clear parliamentary intention. The ordinary public and private remedies (judicial review, negligence, misfeasance, assault) remain available where appropriate. (Per Lord Jauncey and Lord Bridge.)
4. False imprisonment — authorities and principle: Section 12(1) of the Prison Act 1952 provides lawful authority to confine a sentenced prisoner in any prison. Where restraint is imposed by the governor or by officers acting with his lawful authority and in good faith, alteration of internal conditions does not convert lawful detention into false imprisonment. The tort requires absence of lawful authority; therefore a claim against the Governor or Secretary of State for false imprisonment based on misapplication of the rules or on mere change of regime is not sustainable. (Per Lord Bridge; concurred by Lords Jauncey, Goff, Ackner and Lowry.)
5. Exceptions and third parties: A fellow prisoner or a prison officer acting without authority or in bad faith does not benefit from section 12(1) and may be liable for false imprisonment or other torts. Intolerable conditions may give rise to private law remedies (notably negligence or assault) but do not, in ordinary cases, render the detention itself unlawful so as to support a false imprisonment claim against the Governor. (Per Lord Bridge and Lord Jauncey.)
6. Practical relief: The House affirmed the Court of Appeal declarations in Hague but dismissed Hague's claim for damages. In Weldon the House allowed the Home Office's appeal and struck out the pleaded false imprisonment element against the prison authority.

• House of Lords: Final hearing and judgments (this decision) affirming and disposing of the appeals.
• Court of Appeal (Hague): [1990] 3 W.L.R. 1210 — held governor of sending prison could not authorise continued segregation at receiving prison; declared Home Office circular inconsistent with Rule 43.
• Court of Appeal (Weldon): [1990] 3 W.L.R. 465 — refused to strike out pleading of false imprisonment; leave to appeal to House of Lords granted.
• Divisional Court (Hague initially): application dismissed (Ralph Gibson L.J. and Nolan J.).