Fielding, an inmate challenged the prison’s policy denying prisoners access to condoms unless prescribed by a prison doctor in the Court.

The High Court held that the prison policy was lawful but that the denial of condoms to Fielding was a misapplication of the policy. The Court rejected the argument that prisoners should have greater access to condoms, noting that the Prison Service was entitled to avoid a policy that appeared to encourage homosexuality and that some level of control of condoms as a commodity, which have uses other than those for which they are designed, should be the prerogative of the Prison Service.

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