The Prison Rules 1999

• Citation: S.I. 1999/728
• Sections: 105

Section 1 Citation and commencement

These Rules may be cited as the Prison Rules 1999 and shall come into force on 1st April 1999.

Section 2 Interpretation

(1) In these Rules, where the context so admits, the expression—

“adjudicator” means a District Judge (Magistrates' Courts) or Deputy District Judge (Magistrates' Courts) approved by the Lord Chancellor for the purpose of inquiring into a charge which has been referred to him;

“communication” includes any written or drawn communication from a prisoner to any other person, whether intended to be transmitted by means of a postal service or not, and any communication from a prisoner to any other person transmitted by means of a telecommunications system;

“controlled drug" means any drug which is a controlled drug for the purposes of the Misuse of Drugs Act 1971 ;

“convicted prisoner" means, subject to the provisions of rule 7(3), a prisoner who has been convicted or found guilty of an offence or committed or attached for contempt of court or for failing to do or abstain from doing anything required to be done or left undone, and the expression “unconvicted prisoner" shall be construed accordingly;

“coronavirus” has the meaning given by section 1 of the 2020 Act (meaning of “coronavirus” and related terminology);

“coronavirus period” means the period of time inclusive of a transmission control period and the transition period which follows it;

“electronic cigarette” means a product that can be used for the consumption of nicotine-containing vapour via a mouth piece, or any component of that product, including a cartridge, a tank, and the device without cartridge or tank (regardless of whether the product is disposable or refillable by means of a refill cartridge and a tank, or rechargeable with single use cartridges);

“fixed term prisoner” has the meaning assigned to it by section 237(1) of the Criminal Justice Act 2003;

“governor” includes an officer for the time being in charge of a prison;

“health care professional” means a person who is a member of a profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 and who is working within the prison ...;

“health care provider” includes any provider of health services, whether or not commissioned by an NHS body (within the meaning given by section 275(1) of the National Health Service 2006);

“information technology equipment” includes any laptop or notebook computer, desktop computer, gaming console, handheld computing device, personal organiser or any electronic device containing a computer processor and capable of connecting to the internet, and any reference to information technology equipment includes a reference to–

a component part of a device of that description; or

any article designed or adapted for use with any information technology equipment (including any disk, film or other separate article on which images, sounds, computer code or other information may be stored or recorded);

“intercepted material” means the contents of any communication intercepted pursuant to these Rules;

“intermittent custody order” has the meaning assigned to it by section 183 of the Criminal Justice Act 2003;

“legal adviser" means, in relation to a prisoner, his counsel or solicitor, and includes a clerk acting on behalf of his solicitor;

“officer" means an officer of a prison and, for the purposes of rule 40(2), includes a prisoner custody officer who is authorised to perform escort functions in accordance with section 89 of the Criminal Justice Act 1991 ;

“ payback punishment ” means a requirement to complete unpaid work that is rehabilitative or reparative in nature;

“ pharmacy medicine ” has the meaning given in regulation 8 of the Human Medicines Regulations 2012;

“ prescription only medicine ” has the meaning as given in regulation 8 of the Human Medicines Regulations 2012;

“prison minister" means, in relation to a prison, a minister appointed to that prison under section 10 of the Prison Act 1952;

“ psychoactive substance ” has the same meaning as in the Psychoactive Substances Act 2016;

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“telecommunications system” means any system (including the apparatus comprised in it) which exists for the purpose of facilitating the transmission of communications by any means involving the use of electrical or electro-magnetic energy;

“the 2003 Act ” means the Criminal Justice Act 2003;

“the 2020 Act” means the Coronavirus Act 2020;

“transition period” means the period of 3 months starting on the date on which a transmission control period ends;

“transmission control period” has the meaning given by paragraph 5 of Schedule 21 to the 2020 Act.

(2) In these Rules—

(a) a reference to an award of additional days means additional days awarded under these Rules by virtue of section 42 of the Criminal Justice Act 1991 or by virtue of section 257 of the 2003 Act ;

(b) a reference to the Church of England includes a reference to the Church in Wales; and

(c) a reference to a numbered rule is, unless otherwise stated, a reference to the rule of that number in these Rules and a reference in a rule to a numbered paragraph is, unless otherwise stated, a reference to the paragraph of that number in that rule.

Section 2A Coronavirus period – transition period

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Section 3 Purpose of prison training and treatment

The purpose of the training and treatment of convicted prisoners shall be to encourage and assist them to lead a good and useful life.

Section 4 Outside contacts

(1) Special attention shall be paid to the maintenance of such relationships between a prisoner and his family as are desirable in the best interests of both.

(2) A prisoner shall be encouraged and assisted to establish and maintain such relations with persons and agencies outside prison as may, in the opinion of the governor, best promote the interests of his family and his own social rehabilitation.

Section 5 After care

From the beginning of a prisoner’s sentence, consideration shall be given, in consultation with the appropriate after-care organisation, to the prisoner’s future and the assistance to be given him on and after his release.

Section 6 Maintenance of order and discipline

(1) Order and discipline shall be maintained with firmness, but with no more restriction than is required for safe custody and well ordered community life.

(2) In the control of prisoners, officers shall seek to influence them through their own example and leadership, and to enlist their willing co-operation.

(3) At all times the treatment of prisoners shall be such as to encourage their self-respect and a sense of personal responsibility, but a prisoner shall not be employed in any disciplinary capacity.

Section 7 Classification of prisoners

(1) Subject to paragraphs (1A) to (1D), prisoners shall be classified, in accordance with any directions of the Secretary of State, having regard to their age, temperament and record and with a view to maintaining good order and facilitating training and, in the case of convicted prisoners, of furthering the purpose of their training and treatment as provided by rule 3.

(1A) Except where paragraph (1D) applies, a prisoner who has the relevant deportation status must not be classified as suitable for open conditions.

(1B) If, immediately before the relevant time—

(a) a prisoner has been classified as suitable for open conditions; and

(b) the prison has received notice that the prisoner has the relevant deportation status,

the prisoner’s classification must be reconsidered in accordance with this rule as soon as practicable after the relevant time.

(1C) If—

(a) a prisoner has been classified as suitable for open conditions (whether before or after the relevant time); and

(b) the prison receives notice after the relevant time that the prisoner has the relevant deportation status,

the prisoner’s classification must be reconsidered in accordance with this rule as soon as practicable after the prison receives that notice.

(1D) This paragraph applies if a prisoner has been classified as suitable for open conditions and is located in open conditions immediately before the prisoner’s classification is reconsidered, whether under paragraph (1B) or (1C) or otherwise.

(1E) For the purposes of this rule, a prisoner has the relevant deportation status if—

(a) there is a deportation order against the prisoner under section 5(1) of the Immigration Act 1971; and

(b) no appeal under section 82(1) of the Nationality, Immigration and Asylum Act 2002 (“the 2002 Act ”) that may be brought or continued from within the United Kingdom in relation to the decision to make the deportation order—

(i) could be brought (ignoring any possibility of an appeal out of time with permission), or

(ii) is pending (within the meaning of section 104 of the 2002 Act ).

(1F) In paragraph (1E), the reference to the decision to make the deportation order includes a decision that section 32(5) of the UK Borders Act 2007 applies in respect of the prisoner.

(1G) In this rule, “the relevant time” means 5.00 p.m on 13th August 2014.

(2) Unconvicted prisoners:

(a) shall be kept out of contact with convicted prisoners as far as the governor considers it can reasonably be done, unless and to the extent that they have consented to share residential accommodation or participate in any activity with convicted prisoners; and

(b) shall under no circumstances be required to share a cell with a convicted prisoner.

(3) Prisoners committed or attached for contempt of court, or for failing to do or abstain from doing anything required to be done or left undone:

(a) shall be treated as a separate class for the purposes of this rule;

(b) notwithstanding anything in this rule, may be permitted to associate with any other class of prisoners if they are willing to do so; and

(c) shall have the same privileges as an unconvicted prisoner under rules 20(5), 23(1) and 35(1).

(4) Nothing in this rule shall require a prisoner to be deprived unduly of the society of other persons.

Section 8 Privileges

(1) There shall be established at every prison systems of privileges ... appropriate to the classes of prisoners there, which shall include arrangements under which money earned by prisoners in prison may be spent by them within the prison.

(2) Systems of privileges established under paragraph (1) may include arrangements under which prisoners may be allowed time outside their cells and in association with one another, in excess of the minimum time which, subject to the other provisions of these Rules apart from this rule, is otherwise allowed to prisoners at the prison for this purpose.

(3) Systems of privileges established under paragraph (1) may include arrangements under which privileges may be granted to prisoners only in so far as they have met, and for so long as they continue to meet, specified standards in their behaviour and their performance in work or other activities.

(4) Systems of privileges which include arrangements of the kind referred to in paragraph (3) shall include procedures to be followed in determining whether or not any of the privileges concerned shall be granted, or shall continue to be granted, to a prisoner; such procedures shall include a requirement that the prisoner be given reasons for any decision adverse to him together with a statement of the means by which he may appeal against it.

(5) Nothing in this rule shall be taken to confer on a prisoner any entitlement to any privilege or to affect any provision in these Rules other than this rule as a result of which any privilege may be forfeited or otherwise lost or a prisoner deprived of association with other prisoners.

Section 9 Temporary release

(1) Subject to paragraph (1A), the Secretary of State may, in accordance with the other provisions of this rule, release temporarily a prisoner to whom this rule applies.

(1A) A prisoner who has the relevant deportation status must not be released under this rule unless the prisoner is located in open conditions immediately before the time of release.

(2) A prisoner may be released under this rule for any period or periods and subject to any conditions.

(3) A prisoner may only be released under this rule:

(a) on compassionate grounds or for the purpose of receiving medical treatment;

(b) to engage in employment or voluntary work;

(c) to receive instruction or training which cannot reasonably be provided in the prison;

(d) to enable him to participate in any proceedings before any court, tribunal or inquiry;

(e) to enable him to consult with his legal adviser in circumstances where it is not reasonably practicable for the consultation to take place in the prison;

(f) to assist any police officer in any enquiries;

(g) to facilitate the prisoner’s transfer between prisons;

(h) to assist him in maintaining family ties or in his transition from prison life to freedom; or

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) A prisoner shall not be released under this rule unless the Secretary of State is satisfied that there would not be an unacceptable risk of his committing offences whilst released or otherwise failing to comply with any condition upon which he is released.

(5) The Secretary of State shall not release under this rule a prisoner serving a sentence of imprisonment if, having regard to:

(a) the period or proportion of his sentence which the prisoner has served or, in a case where paragraph (10) does not apply to require all the sentences he is serving to be treated as a single term, the period or proportion of any such sentence he has served; and

(b) the frequency with which the prisoner has been granted temporary release under this rule,

the Secretary of State is of the opinion that the release of the prisoner would be likely to undermine public confidence in the administration of justice.

(6) If a prisoner has been temporarily released under this rule during the relevant period and has been sentenced to imprisonment for a criminal offence committed whilst at large following that release, he shall not be released under this rule unless his release, having regard to the circumstances of this conviction, would not, in the opinion of the Secretary of State, be likely to undermine public confidence in the administration of justice.

(7) For the purposes of paragraph (6), “the relevant period":

(a) in the case of a prisoner serving a determinate sentence of imprisonment, is the period he has served in respect of that sentence, unless, notwithstanding paragraph (10), the sentences he is serving do not fall to be treated as a single term, in which case it is the period since he was last released in relation to one of those sentences under Part II of the Criminal Justice Act 1991 (“the 1991 Act") or Chapter 6 of Part 12 of the 2003 Act ;

(b) in the case of a prisoner serving an indeterminate sentence of imprisonment, is, if the prisoner has previously been released on licence under Part II of the Crime (Sentences) Act 1997 or Part II of the 1991 Act or Chapter 6 of Part 12 of the 2003 Act , the period since the date of his last recall to prison in respect of that sentence or, where the prisoner has not been so released, the period he has served in respect of that sentence; or

(c) in the case of a prisoner detained in prison for any other reason, is the period for which the prisoner has been detained for that reason;

save that where a prisoner falls within two or more of sub-paragraphs (a) to (c), the “relevant period", in the case of that prisoner, shall be determined by whichever of the applicable sub-paragraphs produces the longer period.

(8) A prisoner released under this rule may be recalled to prison at any time whether the conditions of his release have been broken or not.

(8A) If, immediately before the relevant time, a prisoner has been released under this rule and the prison has received notice that the prisoner has the relevant deportation status, the prisoner must be recalled unless—

(a) the period for which the prisoner has been released is due to expire on 13th August 2014; or

(b) the prisoner was released from open conditions.

(8B) If a prisoner has been released under this rule (whether before or after the relevant time) and the prison receives notice after the relevant time that the prisoner has the relevant deportation status, the prisoner must be recalled unless—

(a) the period for which the prisoner has been released is due to expire on the day on which the prison receives that notice; or

(b) the prisoner was released from open conditions.

(9) This rule applies to prisoners other than persons committed in custody for trial or to be sentenced or otherwise dealt with before or by any Crown Court or remanded in custody by any court.

(10) For the purposes of any reference in this rule to an inmate’s sentence, consecutive terms and terms which are wholly or partly concurrent shall be treated as a single term.

(11) In this rule:

(a) any reference to a sentence of imprisonment shall be construed as including any sentence to detention or custody; and

(b) any reference to release on licence or otherwise under Part II of the 1991 Act includes any release on licence under any legislation providing for early release on licence.

(c) any reference to a prisoner who has the relevant deportation status is to be read in accordance with rule 7(1E) and (1F); and

(d) any reference to the relevant time is to be read in accordance with rule 7(1G).

Section 9A Coronavirus Restricted Temporary Release

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Section 10 Information to prisoners

(1) Every prisoner shall be provided, as soon as possible after his reception into prison, and in any case within 24 hours, with information in writing about those provisions of these Rules and other matters which it is necessary that he should know, including earnings and privileges, and the proper means of making requests and complaints.

(2) In the case of a prisoner aged less than 18, or a prisoner aged 18 or over who cannot read or appears to have difficulty in understanding the information so provided, the governor, or an officer deputed by him, shall so explain it to him that he can understand his rights and obligations.

(3) A copy of these Rules shall be made available to any prisoner who requests it.

Section 11 Requests and complaints

(1) A prisoner may make a request or complaint to the governor or independent monitoring board relating to the prisoner’s imprisonment.

(2) ... The governor shall consider as soon as possible any requests and complaints that are made to him under paragraph (1).

(3) A written request or complaint under paragraph (1) may be made in confidence.

Section 12 Women prisoners

(1) Women prisoners shall normally be kept separate from male prisoners.

(2) The Secretary of State may, subject to any conditions he thinks fit, permit a woman prisoner to have her baby with her in prison, and everything necessary for the baby’s maintenance and care may be provided there.

Section 13 Religious denomination

A prisoner shall be treated as being of the religious denomination stated in the record made in pursuance of section 10(5) of the Prison Act 1952 but the governor may, in a proper case and after due enquiry, direct that record to be amended.

Section 14 Special duties of chaplains and prison ministers

(1) The chaplain or a prison minister of a prison shall (or during a coronavirus period shall so far as reasonably practicable) —

(a) interview every prisoner of his denomination individually soon after the prisoner’s reception into that prison and shortly before his release; and

(b) if no other arrangements are made, read the burial service at the funeral of any prisoner of his denomination who dies in that prison.

(2) The chaplain shall (or during a coronavirus period shall so far as reasonably practicable) visit daily all prisoners belonging to the Church of England who are sick, under restraint or undergoing cellular confinement; and a prison minister shall do the same, as far as he reasonably can, for prisoners of his denomination.

(3) The chaplain shall (or during a coronavirus period shall so far as reasonably practicable) visit any prisoner not of the Church of England who is sick, under restraint or undergoing cellular confinement, and is not regularly visited by a minister of his denomination, if the prisoner is willing.

Section 15 Regular visits by ministers of religion

(1) The chaplain shall visit the prisoners belonging to the Church of England.

(2) A prison minister shall visit the prisoners of his denomination as regularly as he reasonably can.

(3) Where a prisoner belongs to a denomination for which no prison minister has been appointed, the governor shall do what he reasonably can, if so requested by the prisoner, to arrange for him to be visited regularly by a minister of that denomination.

Section 16 Religious services

(1) The chaplain shall (or during a coronavirus period shall so far as reasonably practicable) conduct Divine Service for prisoners belonging to the Church of England at least once every Sunday, Christmas Day and Good Friday, and such celebrations of Holy Communion and weekday services as may be arranged.

(2) Prison ministers shall conduct Divine Service for prisoners of their denominations at such times as may be arranged.

Section 17 Substitute for chaplain or prison minister

(1) A person approved by the Secretary of State may act for the chaplain in his absence.

(2) A prison minister may, with the leave of the Secretary of State, appoint a substitute to act for him in his absence.

Section 18 Sunday work

Arrangements shall be made so as not to require prisoners of the Christian religion to do any unnecessary work on Sunday, Christmas Day or Good Friday, or prisoners of other religions to do any such work on their recognised days of religious observance.

Section 19 Religious books

There shall, so far as reasonably practicable, be available for the personal use of every prisoner such religious books recognised by his denomination as are approved by the Secretary of State for use in prisons.

Section 20 Health services

(1) The governor must work in partnership with local health care providers to secure the provision to prisoners of access to the same quality and range of services as the general public receives from the National Health Service.

(2) Every request by a prisoner to see a health care professional shall be recorded by the officer to whom it was made and promptly communicated to a health care professional.

(3) If an unconvicted prisoner desires the attendance of a named registered medical practitioner or dentist other than one already working in the prison, and will pay any expense incurred, the governor must, if satisfied that there are reasonable grounds for the request and unless the Secretary of State otherwise directs, allow the prisoner to be visited and treated by that practitioner or dentist, in consultation with a registered medical practitioner who works in the prison.

(4) Subject to any directions given in the particular case by the Secretary of State, a registered medical practitioner selected by or on behalf of a prisoner who is a party to any legal proceedings must be afforded reasonable facilities for examining the prisoner in connection with the proceedings, and may do so out of hearing but in the sight of an officer

(5) A prisoner may correspond, in accordance with arrangements made by the Secretary of State for the confidential handling of correspondence, with a registered medical practitioner who has treated the prisoner for a life threatening condition, and such correspondence may not be opened, read or stopped unless the governor has reasonable cause to believe its contents do not relate to the treatment of that condition.

Section 21 Special illnesses and conditions

(1) A registered medical practitioner working within the prison shall report to the governor on the case of any prisoner whose health is likely to be injuriously affected by continued imprisonment or any conditions of imprisonment. The governor shall send the report to the Secretary of State without delay, together with his own recommendations.

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Section 22 Notification of illness or death

(1) If a prisoner dies, becomes seriously ill, sustains any severe injury or is removed to hospital on account of mental disorder, the governor shall, if he knows his or her address, at once inform the prisoner’s spouse or next of kin, and also any person who the prisoner may reasonably have asked should be informed.

(2) If a prisoner dies, the governor shall give notice immediately to the coroner having jurisdiction, to the independent monitoring board and to the Secretary of State.

Section 23 Clothing

(1) An unconvicted prisoner may wear clothing of his own if and in so far as it is suitable, tidy and clean, and shall be permitted to arrange for the supply to him from outside prison of sufficient clean clothing:

Provided that, subject to rule 40(3):

he may be required, if and for so long as there are reasonable grounds to believe that there is a serious risk of his attempting to escape, to wear items of clothing which are distinctive by virtue of being specially marked or coloured or both; and

he may be required, if and for so long as the Secretary of State is of the opinion that he would, if he escaped, be highly dangerous to the public or the police or the security of the State, to wear clothing provided under this rule.

(2) Subject to paragraph (1) above, the provisions of this rule shall apply to an unconvicted prisoner as to a convicted prisoner.

(3) A convicted prisoner shall be provided with clothing adequate for warmth and health in accordance with a scale approved by the Secretary of State.

(4) The clothing provided under this rule shall include suitable protective clothing for use at work, where this is needed.

(5) Subject to rule 40(3), a convicted prisoner shall wear clothing provided under this rule and no other, except on the directions of the Secretary of State or as a privilege under rule 8.

(6) A prisoner may be provided, where necessary, with suitable and adequate clothing on his release.

Section 24 Food

(1) Subject to any directions of the Secretary of State, no prisoner shall be allowed, except as authorised by a health care professional ..., to have any food other than that ordinarily provided.

(2) The food provided shall be wholesome, nutritious, well prepared and served, reasonably varied and sufficient in quantity.

(3) ... Any person deemed by the governor to be competent, shall from time to time inspect the food both before and after it is cooked and shall report any deficiency or defect to the governor.

(4) In this rule “food" includes drink.

Section 25 Alcohol and tobacco

(1) No prisoner shall be allowed to have any intoxicating liquor ....

(2) No prisoner shall be allowed to smoke or to have any tobacco, except in accordance with any directions of the Secretary of State.

Section 26 Sleeping accommodation

(1) No room or cell shall be used as sleeping accommodation for a prisoner unless it has been certified in the manner required by section 14 of the Prison Act 1952 in the case of a cell used for the confinement of a prisoner.

(2) A certificate given under that section or this rule shall specify the maximum number of prisoners who may sleep or be confined at one time in the room or cell to which it relates, and the number so specified shall not be exceeded without the leave of the Secretary of State.

Section 27 Beds and bedding

Each prisoner shall be provided with a separate bed and with separate bedding adequate for warmth and health.

Section 28 Hygiene

(1) Every prisoner shall be provided with toilet articles necessary for his health and cleanliness, which shall be replaced as necessary.

(2) Every prisoner shall be required to wash at proper times, have a hot bath or shower on reception and thereafter at least once a week.

(3) A prisoner’s hair shall not be cut without his consent.

Section 29 Physical education

(1) If circumstances reasonably permit, a prisoner aged 21 years or over shall be given the opportunity to participate in physical education for at least one hour a week.

(2) The following provisions shall apply to the extent circumstances reasonably permit to a prisoner who is under 21 years of age—

(a) provision shall be made for the physical education of such a prisoner within the normal working week, as well as evening and weekend physical recreation; the physical education activities will be such as foster personal responsibility and the prisoner’s interests and skills and encourage him to make good use of his leisure on release; and

(b) arrangements shall be made for each such prisoner who is a convicted prisoner to participate in physical education for two hours a week on average.

(3) In the case of a prisoner with a need for remedial physical activity, appropriate facilities will be provided.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 30 Time in the open air

If the weather permits and subject to the need to maintain good order and discipline, a prisoner shall be given the opportunity to spend time in the open air at least once every day, for such period as may be reasonable in the circumstances.

Section 31 Work

(1) A convicted prisoner shall be required to do useful work for not more than 10 hours a day, and arrangements shall be made to allow prisoners to work, where possible, outside the cells and in association with one another.

(2) A registered medical practitioner or registered nurse working within the prison may excuse a prisoner from work on medical grounds.

(3) No prisoner shall be set to do work of a kind not authorised by the Secretary of State.

(4) No prisoner shall work in the service of another prisoner or an officer, or for the private benefit of any person, without the authority of the Secretary of State.

(5) An unconvicted prisoner shall be permitted, if he wishes, to work as if he were a convicted prisoner.

(6) Prisoners may be paid for their work at rates approved by the Secretary of State, either generally or in relation to particular cases.

Section 31A Prescription of certain matters in respect of prisoners’ earnings

(1) The amount prescribed for the purpose of section 1(1)(b) of the Prisoners’ Earnings Act 1996 (“the 1996 Act ”) is £20.

(2) The percentage prescribed for the purpose of section 1(2) of the 1996 Act is 40%.

(3) All amounts deducted or levied under section 1 of the 1996 Act shall be applied for the purpose referred to in section 2(1)(a) of the 1996 Act .

(4) Victim Support is prescribed as a voluntary organisation to which payments may be made under section 2(1)(a) of the 1996 Act .

Section 32 Education

(1) Every prisoner able to profit from the education facilities provided at a prison shall be encouraged to do so.

(2) Educational classes shall (or during a coronavirus period shall so far as reasonably practicable) be arranged at every prison and, subject to any directions of the Secretary of State, reasonable facilities shall be afforded to prisoners who wish to do so to improve their education by training by distance learning, private study and recreational classes, in their spare time.

(3) Special attention shall be paid to the education and training of prisoners with special educational needs, and if necessary they shall be taught within the hours normally allotted to work.

(4) In the case of a prisoner of compulsory school age as defined in section 8 of the Education Act 1996 , arrangements shall (or during a coronavirus period shall so far as reasonably practicable) be made for his participation in education or training courses for at least 15 hours a week within the normal working week.

Section 33 Library

A library shall be provided in every prison and, subject to any directions of the Secretary of State, every prisoner shall be allowed to have library books and to exchange them.

Section 34 Communications generally

(1) Without prejudice to sections 6 and 19 of the Prison Act 1952 and except as provided by these Rules, a prisoner shall not be permitted to communicate with any person outside the prison, or such person with him, except with the leave of the Secretary of State or as a privilege under rule 8.

(2) Notwithstanding paragraph (1) above, and except as otherwise provided in these Rules, the Secretary of State may impose any restriction or condition, either generally or in a particular case, upon the communications to be permitted between a prisoner and other persons if he considers that the restriction or condition to be imposed—

(a) does not interfere with the convention rights of any person; or

(b)

(i) is necessary on grounds specified in paragraph (3) below;

(ii) reliance on the grounds is compatible with the convention right to be interfered with; and

(iii) the restriction or condition is proportionate to what is sought to be achieved.

(3) The grounds referred to in paragraph (2) above are—

(a) the interests of national security;

(b) the prevention, detection, investigation or prosecution of crime;

(c) the interests of public safety;

(d) securing or maintaining prison security or good order and discipline in prison;

(e) the protection of health or morals;

(f) the protection of the reputation of others;

(g) maintaining the authority and impartiality of the judiciary; or

(h) the protection of the rights and freedoms of any person.

(4) Subject to paragraph (2) above, the Secretary of State may require that any visit, or class of visits, shall be held in facilities which include special features restricting or preventing physical contact between a prisoner and a visitor.

(5) Every visit to a prisoner shall take place within the sight of an officer or employee of the prison authorised for the purposes of this rule by the governor (in this rule referred to as an “authorised employee”), unless the Secretary of State otherwise directs, and for the purposes of this paragraph a visit to a prisoner shall be taken to take place within the sight of an officer or authorised employee if it can be seen by an officer or authorised employee by means of an overt closed circuit television system.

(6) Subject to rule 38, every visit to a prisoner shall take place within the hearing of an officer or authorised employee, unless the Secretary of State otherwise directs.

(7) The Secretary of State may give directions, either generally or in relation to any visit or class of visits, concerning the day and times when prisoners may be visited.

(8) In this rule—

(a) references to communications include references to communications during visits;

(b) references to restrictions and conditions upon communications include references to restrictions and conditions in relation to the length, duration and frequency of communications; and

(c) references to convention rights are to the convention rights within the meaning of the Human Rights Act 1998 .

Section 35 Personal letters and visits

(1) Subject to paragraph (8), an unconvicted prisoner may send and receive as many letters and may receive as many visits as he wishes within such limits and subject to such conditions as the Secretary of State may direct, either generally or in a particular case.

(2) Subject to paragraphs (2A) and (8) , a convicted prisoner shall be entitled—

(a) to send and to receive a letter on his reception into a prison and thereafter once a week; and

(b) to receive a visit twice in every period of four weeks, but only once in every such period if the Secretary of State so directs.

(2A) A prisoner serving a sentence of imprisonment to which an intermittent custody order relates shall be entitled to receive a visit only where the governor considers that desirable having regard to the extent to which he has been unable to meet with his friends and family in the periods during which he has been temporarily released on licence.

(2B) During a coronavirus period, the Secretary of State may, either generally or in a particular case, and for such periods of time as the Secretary of State considers necessary, suspend any entitlement to a visit under paragraph (1), (2)(b) and (2A), if the Secretary of State considers that such a suspension is necessary as a result of the effects, or likely effects, of coronavirus on or in relation to prisoners or the prison and proportionate to what is sought to be achieved.

(3) The governor may allow a prisoner an additional letter or visit as a privilege under rule 8 or where necessary for his welfare or that of his family.

(4) The governor may allow a prisoner entitled to a visit to send and to receive a letter instead.

(5) The governor may defer the right of a prisoner to a visit until the expiration of any period of cellular confinement.

(6) The independent monitoring board may allow a prisoner an additional letter or visit in special circumstances, and may direct that a visit may extend beyond the normal duration.

(7) The Secretary of State may allow additional letters and visits in relation to any prisoner or class of prisoners.

(8) A prisoner shall not be entitled under this rule to receive a visit from:

(a) any person, whether or not a relative or friend, during any period of time that person is the subject of a prohibition imposed under rule 73; or

(b) any other person, other than a relative or friend, except with the leave of the Secretary of State.

(9) Any letter or visit under the succeeding provisions of these Rules shall not be counted as a letter or visit for the purposes of this rule.

Section 35A Interception of communications

(1) The Secretary of State may give directions to any governor concerning the interception in a prison of any communication by any prisoner or class of prisoners if the Secretary of State considers that the directions are—

(a) necessary on grounds specified in paragraph (4) below; and

(b) proportionate to what is sought to be achieved.

(2) Subject to any directions given by the Secretary of State, the governor may make arrangements for any communication by a prisoner or class of prisoners to be intercepted in a prison by an officer or an employee of the prison authorised by the governor for the purposes of this rule (referred to in this rule as an “authorised employee”) if he considers that the arrangements are—

(a) necessary on grounds specified in paragraph (4) below; and

(b) proportionate to what is sought to be achieved.

(2A) The governor may not make arrangements for interception of any communication between a prisoner and

(a) the prisoner’s legal adviser; or

(b) any body or organisation with which the Secretary of State has made arrangements for the confidential handling of correspondence,

unless either the condition in paragraph (2B) or the condition in paragraph (2C) is satisfied .

(2B) The condition in this paragraph is that—

(a) the governor has reasonable cause to believe that the communication is being made with the intention of furthering a criminal purpose; and

(b) the arrangements for interception of the communication are authorised by—

(i) the chief executive officer of His Majesty’s Prison and Probation Service;

(ii) the director responsible for national operational services of that service; or

(iii) the duty director of that service.

(2C) The condition in this paragraph is that—

(a) the communication is by means of a telecommunications system which facilitates the transmission of both images (whether moving or otherwise) and sound;

(b) the interception is only of the images and not of sound; and

(c) the governor considers that the arrangements are—

(i) necessary on grounds specified in paragraph (4); and

(ii) proportionate to what is sought to be achieved.

(3) Any communication by a prisoner may, during the course of its transmission in a prison, be terminated by an officer or an authorised employee if he considers that to terminate the communication is—

(a) necessary on grounds specified in paragraph (4) below; and

(b) proportionate to what is sought to be achieved by the termination.

(4) The grounds referred to in paragraphs (1)(a), (2)(a) , (2C)(c)(i) and (3)(a) above are—

(a) the interests of national security;

(b) the prevention, detection, investigation or prosecution of crime;

(c) the interests of public safety;

(d) securing or maintaining prison security or good order and discipline in prison;

(e) the protection of health or morals; or

(f) the protection of the rights and freedoms of any person.

(5) Any reference to the grounds specified in paragraph (4) above in relation to the interception of a communication by means of a telecommunications system in a prison, or the disclosure or retention of intercepted material from such a communication, shall be taken to be a reference to those grounds with the omission of sub-paragraph (f).

(6) For the purposes of this rule “interception”—

(a) in relation to a communication by means of a telecommunications system, means any action taken in relation to the system or its operation so as to make some or all of the contents of the communications available, while being transmitted, to a person other than the sender or intended recipient of the communication; and the contents of a communication are to be taken to be made available to a person while being transmitted where the contents of the communication, while being transmitted, are diverted or recorded so as to be available to a person subsequently; and

(b) in relation to any written or drawn communication, includes opening, reading, examining and copying the communication.

Section 35B Permanent log of communications

(1) The governor may arrange for a permanent log to be kept of all communications by or to a prisoner.

(2) The log referred to in paragraph (1) above may include, in relation to a communication by means of a telecommunications system in a prison, a record of the destination, duration and cost of the communication and, in relation to any written or drawn communication, a record of the sender and addressee of the communication.

Section 35C Disclosure of material

The governor may not disclose to any person who is not an officer of a prison or of the Secretary of State or an employee of the prison authorised by the governor for the purposes of this rule any intercepted material, information retained pursuant to rule 35B or material obtained by means of an overt closed circuit television system used during a visit unless—

(a) he considers that such disclosure is—

(i) necessary on grounds specified in rule 35A(4); and

(ii) proportionate to what is sought to be achieved by the disclosure; or

(b)

(i) in the case of intercepted material or material obtained by means of an overt closed circuit television system used during a visit, all parties to the communication or visit consent to the disclosure; or

(ii) in the case of information retained pursuant to rule 35B, the prisoner to whose communication the information relates, consents to the disclosure.

Section 35D Retention of material

(1) The governor shall not retain any intercepted material or material obtained by means of an overt closed circuit television system used during a visit for a period longer than 3 months beginning with the day on which the material was intercepted or obtained unless he is satisfied that continued retention of it is—

(a) necessary on grounds specified in rule 35A(4); and

(b) proportionate to what is sought to be achieved by the continued retention.

(2) Where such material is retained for longer than 3 months pursuant to paragraph (1) above the governor shall review its continued retention at periodic intervals until such time as it is no longer held by the governor.

(3) The first review referred to in paragraph (2) above shall take place not more than 3 months after the decision to retain the material taken pursuant to paragraph (1) above, and subsequent reviews shall take place not more than 3 months apart thereafter.

(4) If the governor, on a review conducted pursuant to paragraph (2) above or at any other time, is not satisfied that the continued retention of the material satisfies the requirements set out in paragraph (1) above, he shall arrange for the material to be destroyed.

Section 36 Police interviews

A police officer may, on production of an order issued by or on behalf of a chief officer of police, interview any prisoner willing to see him.

Section 37 Securing release

A person detained in prison in default of finding a surety, or of payment of a sum of money, may communicate with and be visited at any reasonable time on a weekday by any relative or friend to arrange for a surety or payment in order to secure his release from prison.

Section 38 Visits from legal advisers

(1) Where the legal adviser of a prisoner in any legal proceedings, civil or criminal, to which the prisoner is a party visits the prisoner, the legal adviser shall be afforded reasonable facilities for interviewing him in connection with those proceedings, and may do so out of hearing but in the sight of an officer.

(2) On such a visit, a prisoner’s legal adviser may, subject to any directions given by the Secretary of State, interview the prisoner in connection with any other legal business out of hearing but in the sight of an officer.

Section 39 Delivery and receipt of legally privileged material

(1) A prisoner may deliver to, or receive from, the prisoner’s legal adviser and any court, either by post or during a legal visit under rule 38, any legally privileged material and such material may only be opened, read or stopped by the governor in accordance with the provisions of this rule.

(2) Material to which this rule applies may be opened if the governor has reasonable cause to believe that it contains an illicit enclosure and any such enclosures shall be dealt with in accordance with the other provision of these Rules.

(3) Material to which this rule applies may be opened, read and stopped if the governor has reasonable cause to believe its contents endanger prison security or the safety of others or are otherwise of a criminal nature.

(4) A prisoner shall be given the opportunity to be present when any material to which this rule applies is opened and shall be informed if it or any enclosure is to be read or stopped.

(5) A prisoner shall on request be provided with any writing materials necessary for the purposes of paragraph (1).

(6) In this rule, “court" includes the European Commission of Human Rights, the European Court of Human Rights and the European Court of Justice; and “illicit enclosure" includes any article possession of which has not been authorised in accordance with the other provisions of these Rules and any material to or from a person other than the prisoner concerned, his legal adviser or a court.

Section 40 Custody outside prison

(1) A person being taken to or from a prison in custody shall be exposed as little as possible to public observation, and proper care shall be taken to protect him from curiosity and insult.

(2) A prisoner required to be taken in custody anywhere outside a prison shall be kept in the custody of an officer appointed or a police officer.

(3) A prisoner required to be taken in custody to any court shall, when he appears before the court, wear his own clothing or ordinary civilian clothing provided by the governor.

Section 41 Search

(1) Every prisoner shall be searched when taken into custody by an officer, on his reception into a prison and subsequently as the governor thinks necessary or as the Secretary of State may direct.

(2) A prisoner shall be searched in as seemly a manner as is consistent with discovering anything concealed.

(3) No prisoner shall be stripped and searched in the sight of another prisoner, or in the sight of a person of the opposite sex.

Section 42 Record and photograph

(1) A personal record of each prisoner shall be prepared and maintained in such manner as the Secretary of State may direct.

(2) Every prisoner may be photographed on reception and subsequently, but no copy of the photograph or any other personal record shall be given to any person not authorised to receive it.

(2A) In this rule “personal record” may include personal information and biometric records (such as fingerprints or other physical measurements).

Section 43 Prisoners’ property

(1) Subject to any directions of the Secretary of State, an unconvicted prisoner may have supplied to him at his expense and retain for his own use books, newspapers, writing materials and other means of occupation, except any that appears objectionable to the independent monitoring board or, pending consideration by them, to the governor.

(2) Anything, other than cash, which a prisoner has at a prison and which he is not allowed to retain for his own use shall be taken into the governor’s custody. An inventory of a prisoner’s property shall be kept, and he shall be required to sign it, after having a proper opportunity to see that it is correct.

(2A) Where a prisoner is serving a sentence of imprisonment to which an intermittent custody order relates, an inventory as referred to in paragraph (2) shall only be kept where the value of that property is estimated by the governor to be in excess of £100.

(3) Any cash which a prisoner has at a prison shall be paid into an account under the control of the governor and the prisoner shall be credited with the amount in the books of the prison.

(4) Any article belonging to a prisoner which remains unclaimed for a period of more than one year after he leaves prison, or dies, may be sold or otherwise disposed of; and the net proceeds of any sale shall be paid to the National Association for the Care and Resettlement of Offenders, for its general purposes.

(5) The governor may confiscate any unauthorised article found in the possession of a prisoner after his reception into prison, or concealed or deposited anywhere within a prison.