The Prisons and Young Offenders Institutions (Scotland) Rules 2011

Privileged correspondence S

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

(a) are sent to a prisoner from a person, authority or organisation specified in a direction made by the Scottish Ministers in terms of paragraph (2);

(b) are sent by a prisoner to a person, authority or organisation specified in a direction made by the Scottish Ministers in terms of paragraph (2).

(2) The Scottish Ministers may specify in a direction the persons, authorities and organisations with whom a prisoner may correspond subject to the conditions specified in paragraphs (3) and (4).

(3) Subject to paragraph (5), 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;

(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 except where paragraph (5) applies.

(5) A letter or package to which this rule applies may be opened and, once opened, the contents of the letter or package may be read by the Governor, or by an officer or employee specially authorised by the Governor, 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 the Governor decides that the contents of a letter or package to which this rule applies may be read in terms of paragraph (5), the Governor must, prior to the contents of the letter or package being read, inform the prisoner of that decision and the reasons for that decision

(7) 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.