Part 18Miscellaneous

Communications, security etc.

I1I2284Certain persons detained in hospital: use of telephones

1

Regulations may make provision for or in connection with regulating the use of telephones by such persons detained in hospital as may be specified in the regulations (“specified persons”).

2

Provision under subsection (1) above may in particular—

a

confer rights on specified persons to use telephones;

b

make the entitlement to, or exercise of, any such rights subject to conditions imposed by or under regulations;

c

restrict, or prohibit, the use of telephones by specified persons;

d

authorise the managers of a hospital to intercept, or arrange for the interception of, telephone calls—

i

to specified persons; or

ii

made by specified persons;

e

require the managers of a hospital to make, and maintain, records of such matters as may be specified in the regulations;

f

require the managers of a hospital to inform persons specified in the regulations of matters so specified;

g

confer power on the Commission to give to the managers of a hospital directions as to matters of any description specified in the regulations;

h

require the managers of a hospital to comply with any directions given to them by virtue of paragraph (g) above.

3

The conditions mentioned in subsection (2)(b) above include in particular conditions as to payment of call charges for calls made by or on behalf of specified persons.

4

Regulations under this section may not authorise the interception of a telephone call made by a specified person to a person mentioned in subsection (6) below unless—

a

the person has requested the interception of telephone calls made by the specified person to the person; or

b

the telephone call is or would be unlawful for any reason other than one arising from provision made by virtue of this section.

5

Regulations under this section may not authorise the interception of a telephone call made to a specified person by a person mentioned in subsection (6) below unless the telephone call is or would be unlawful for any reason other than one arising from provision made by virtue of this section.

6

The persons referred to in subsections (4) and (5) above are—

a

any of the persons mentioned in paragraphs (a) to (i), (k) to (n) and (p) of section 281(5) of this Act;

b

the managers of the hospital in which the specified person is detained;

c

a legally qualified person instructed by the specified person to act as the specified person’s legal adviser; and

d

such other person as may be specified by the regulations.

7

In this section “intercept”, in relation to a telephone call, includes—

a

listen to, record or otherwise monitor; and

b

interrupt, cut short, divert or prevent from being connected.

8

For the purposes of this section, a telephone call is made when the telephone number of the person being called has been dialled.