SILVER AND OTHERS v. THE UNITED KINGDOM JUGDMENT
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particular to dispose of private property, to sign a cheque or to make or sign
a will or other document. The broad effect of the regulations was that,
although a prisoner could not participate personally on a continuing basis in
a business concern, he was allowed to make arrangements to protect the
value, for his own and his family’s benefit, of his personal property and any
business interests.
47. A complaint about prison treatment or an allegation against a prison
officer could be contained or referred to only in correspondence with legal
advisers, specified organisations, Members of Parliament or Consular or
Commonwealth officials, as indicated in paragraph 45 above. Moreover,
under the "prior ventilation rule" - set out, in particular, in Order 17A - a
letter in any of these categories which alluded to such a matter would, with
certain exceptions, be stopped unless and until the prisoner had ventilated
his complaint through the normal internal channels (petition to the Home
Secretary, or application to the Board of Visitors, a visiting officer of the
Home Secretary or the prison governor) and been given a definitive reply.
Thereafter, and in general irrespective of the outcome, the correspondence
could proceed.
2. Position with effect from 1 December 1981
48. Rules 33(3) and 34(8) are now supplemented by the new Orders
5B34 and 5B40. The current position is as follows.
(a)
The prohibition on representations about trial, conviction or
sentence (see paragraph 43 above) is abolished.
(b) Provisions similar to the earlier Order 5A 24 (designed to prevent
the evasion or circumvention of the regulations - see paragraph 44 above)
remain in force.
(c) The list of prohibited contents (see paragraph 45 (a) above) has been
revised; the main items which may now not be included in incoming or
outgoing letters may be summarised as follows:
(i) material which would jeopardise prison security;
(ii) material which would assist or encourage the commission of a
disciplinary or criminal offence;
(iii) material which could jeopardise national security;
(iv) descriptions of the making of certain destructive devices;
(v) certain obscure or coded messages;
(vi) threats of violence or damage to property likely to induce fear in the
recipient;
(vii) blackmail or extortion;
(viii) certain indecent or obscene material;
(ix) information which would create a clear threat or present danger of
violence or physical harm to any person;