SILVER AND OTHERS v. THE UNITED KINGDOM JUGDMENT
12
2. Position with effect from 1 December 1981
40. The revised Orders (nos. 5B7 and 5B14) do not alter the basic
entitlement but specify that additional extra letters should be allowed as far
as practicable.
D. Provisions concerning the contents of correspondence
41. In addition to Rule 33(3), the text whereof appears at paragraph 28
above, the following basic Rule concerning the contents of prisoners’
correspondence came into operation on 25 March 1964 and is still in force:
"34(8) A prisoner shall not be entitled under Rule 34" - which regulates the quantity
of correspondence - "to communicate with any person in connection with any legal or
other business ... except with the leave of the Secretary of State."
1. Position prior to 1 December 1981
42. Rules 33(3) and 34(8) were supplemented as follows by various
Orders and Instructions.
43. Under Order 5A 31, a convicted prisoner was specifically prohibited
from making representations on matters connected with his trial, conviction
or sentence to any judge, public authority, representative of any
Commonwealth or foreign government (subject to certain exceptions for
prisoners who were foreign nationals or citizens of another Commonwealth
country) or unofficial organisation (subject again to certain specific
exceptions). Such representations could, however, be made to the Home
Secretary.
44. Under Order 5A 24, prisoners were not allowed to send letters
requesting anyone to make on their behalf a communication which they
would not be permitted to make directly, or certain other letters which
would circumvent the regulations.
45. (a) Orders 5A 26(4) a. and b. and 5A 29 prohibited the inclusion in
outgoing letters (other than those to Members of Parliament or Consular or
Commonwealth officials, to which special rules applied) of any of the
following matters:
(i) objectionable references to persons in public life;
(ii) discussion of crime and criminal methods or of the offences of
others;
(iii) any complaint about the courts, the police and the prison authorities
that was a deliberate and calculated attempt to hold them up to contempt;
(iv) threats of or incitement to violence;
(v) material intended for publication or for use on wireless or television
(this rule was relaxed as regards certain specialised publications);
(vi) grossly improper language;