9
SILVER AND OTHERS v. THE UNITED KINGDOM JUGDMENT
prisoners, ex-prisoners, marriage bureaux, "Monomark addresses" or
specified categories of pen friends.
In addition, standing leave had been granted for correspondence falling
into certain special categories, as explained in paragraphs 31-36 below.
(a) Correspondence with legal advisers
31.
With effect from 1 January 1973, uncensored correspondence
relating to civil or criminal proceedings to which the prisoner was already a
party was permitted under Rule 37A(1), which is still in force and reads:
"A prisoner who is a party to any legal proceedings may correspond with his legal
adviser in connection with the proceedings and unless the Governor has reason to
suppose that any such correspondence contains matter not relating to the proceedings
it shall not be read or stopped under Rule 33(3) of these Rules."
32. Until 6 August 1975, inmates had to petition the Home Secretary for
permission to seek advice about, or give instructions for, the institution of
civil proceedings (with the exception of certain divorce cases). On that date,
Instruction 45/1975 introduced changes which were subsequently reflected
in Rule 37A(4) and directions made by the Secretary of State thereunder, in
the shape of Order 17A. Rule 37A(4), which came into operation on 26
April 1976 and is still in force, reads:
"Subject to any directions of the Secretary of State, a prisoner may correspond with
a solicitor for the purpose of obtaining legal advice concerning any cause of action in
relation to which the prisoner may become a party to civil proceedings or for the
purpose of instructing the solicitor to issue such proceedings."
Order 17A provided, inter alia, that:
(i) the inmate had to have sought a solicitor’s advice before he would be
permitted to institute proceedings;
(ii) at each stage a written application, with reasons, had first to be made
to the prison governor for the necessary facilities; they had to grant
immediately, except that, in the case of prospective civil proceedings
against the Home Office "arising out of or in connexion with" the
imprisonment, the "prior ventilation rule" (see paragraph 47 below)
generally applied.
Correspondence in this category was otherwise subject to the restrictions
on contents mentioned at paragraphs 41-47 below.
(b) Correspondence with Members of Parliament
33.
Prisoners were free to communicate with their Members of
Parliament, subject to the restrictions on contents mentioned at paragraphs
41-47 below.