84
IPCO Annual Report 2017
13. Prisons
13.1
Within this annual report the use of investigatory powers by prisons is considered separately
to all other public authorities because of the unique environment within which widely
available investigatory powers are utilised (i.e. surveillance & CHIS), and the particular
provisions that provide for other powers e.g. interception under the prisons rules.
Description of powers and use
13.2
The prison authorities are entitled to intercept the communications of prisoners, conduct
surveillance and use covert human intelligence sources (CHIS). More recent legislation
also allows the Prison Service to tackle the use of illicit mobile phones within prisons by
interfering with mobile telephone signals or requiring the disconnection of particular
telephones from the network.60
Interception
13.3
Prisoners communicate with the outside world by telephone calls, letters or (in some
establishments) emails. Telephone calls are controlled by a pin-phone system (each prisoner
has an individual telephone account which they access with a pin-number) and their letters
and emails are scrutinised manually to try to ensure no prohibited material is either sent or
received through the postal system.
13.4
In most prisons telephones are only available in booths in communal areas, although an
increasing number are providing devices in cells. Prisoners submit telephone numbers to
be called which are checked by the prison authorities. Prisoners are asked to nominate any
numbers that are to be used for legally privileged calls or other confidential reasons because
the confidentiality of prisoners’ communications with their legal advisors, Members of
Parliament or bodies such as the Samaritans or the Prison and Probation Ombudsman are
protected. Prisoners cannot generally receive incoming phone calls.
13.5
In England and Wales, the interception of prisoners’ communications (telephone calls and
mail) is governed by the Prison Rules 1999 (as amended), which are made under the Prison
Act 1952. Any interception that takes place must be necessary and proportionate for one or
more of a number of statutory purposes including national security, preventing or detecting
crime, public safety, the security and good order or discipline of the prison, the protection of
health and morals and the protection of the rights and freedoms of any person. Additional
rules govern how the prison authorities record, retain or disclose intercepted material.
Similar rules and ministerial directions provide for the interception of communications in
Northern Ireland and Scotland.
60 Serious Crime Act 2015 and the Prison Telecom Restriction Orders & Prisons (interference with wireless telegraphy) Act 2012.