The Prisons and Young Offenders Institutions (Scotland) Rules 2011

[F1 Opening and reading of confidential correspondence S

56.— (1) This rule applies to a letter or package which can be clearly identified, from the outer face of the envelope or packaging, as containing or comprising confidential correspondence.

(2) An officer or employee must not open a letter or package to which this rule applies, or remove the contents of that letter or package, unless—

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

(b) the officer or employee has reasonable cause to believe that the contents of the letter or package may—

(i) endanger the security of the prison;

(ii) endanger the safety of any person; or

(iii) relate to a criminal activity.

(3) Where an officer or employee proposes to open a letter or package to which this rule applies, or remove the contents of that letter or package, under paragraph (2), the officer or employee must—

(a) inform the prisoner who wishes to send the letter or package or to whom the letter or package is addressed of the reason for opening the letter or package or removing its contents; and

(b) ensure that the prisoner is present when the letter or package is opened or its contents removed, unless the prisoner refuses, or does not wish, to be present.

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

(a) been authorised by the Governor to do so under paragraph (5); and

(b) informed the prisoner of the reason for reading the contents of the letter or package.

(5) The Governor may authorise an officer or employee to read the contents of a letter or package to which this rule applies where the Governor has reasonable cause to believe that the contents of the letter or package may—

(a) endanger the security of the prison;

(b) endanger the safety of any person; or

(c) relate to a criminal activity.

(6) 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.

(7) In this rule—

“confidential correspondence” means court correspondence, legal correspondence, medical correspondence or privileged correspondence;

“court” includes, but is not limited to, the sheriff, the High Court of Justiciary, the Court of Session, 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;

“court correspondence” means a letter or package which is—

(a)

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

(b)

sent to a prisoner at the prison by a court;

“legal correspondence” means a letter or package which is—

(a)

addressed to a legal adviser and which a prisoner gives to an officer or employee for the purpose of sending to that legal adviser; or

(b)

sent to a prisoner at the prison by a legal adviser;

“medical correspondence” means a letter or package which contains personal health information about a relevant prisoner and is—

(a)

addressed to a registered medical practitioner and given to an officer or employee by the relevant prisoner for the purpose of sending to that registered medical practitioner; or

(b)

sent to the relevant prisoner at the prison by a registered medical practitioner;

“privileged correspondence” means a letter or package which is—

(a)

addressed to a person, authority or organisation specified in a direction made by the Scottish Ministers and which a prisoner gives to an officer or employee for the purpose of sending to that person, authority or organisation; or

(b)

sent to a prisoner at the prison by a person, authority or organisation specified in a direction made by the Scottish Ministers;

“relevant prisoner” means a prisoner who—

(a)

is certified as having a life-threatening illness by the registered medical practitioner from whom the prisoner is receiving treatment for that illness; and

(b)

has obtained the Governor’s prior consent to communicate with that registered medical practitioner in confidence.]

Textual Amendments

F1 Rules 55-57 substituted for rules 55-59 (24.3.2016) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2016 (S.S.I. 2016/131), rules 1, 2(9)