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The Prisons and Young Offenders Institutions (Scotland) Rules 2011

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Opening and reading of correspondence from and to courts

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56.—(1) This rule applies only to letters and packages which—

(a)are addressed to a court and which a prisoner gives to an officer or employee for the purpose of sending to that court; or

(b)are sent to a prisoner at the prison by a court.

(2) A prisoner who wishes to send a letter or package to a court must mark prominently on the outer face of the envelope or packaging the words “Court Correspondence” as well as the prisoner’s own name.

(3) A letter or package to which this rule applies must not be opened by an officer or employee unless—

(a)the officer or employee has cause to believe that it contains a prohibited article or unauthorised property;

(b)the officer or employee has explained to the prisoner concerned the reason for that belief; and

(c)the prisoner concerned is present.

(4) The contents of a letter or package to which this rule applies must not be read by an officer or employee.

(5) Where a letter or package to which this rule applies is found to contain a prohibited article or any unauthorised property, the Governor must deal with the item in terms of rule 104.

(6) For the purposes of this rule, “court” includes, but is not limited to: the European Court of Justice, the European Court of Human Rights, the International Criminal Court, the Supreme Court, the First-tier Tribunal (Immigration and Asylum Chamber), the Upper Tribunal (Immigration and Asylum Chamber), the Scottish Criminal Cases Review Commission and the Parole Board for Scotland.

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