2013 Annual Report of the Interception of Communications Commissioner
7.8
With regard to the Northern Ireland prisons it has been accepted practice that
where Instructions to Governors are absent or deemed to be out of date the Northern
Ireland Prison Service would accept our recommendations based on PSIs issued to
establishments in England and Wales. This arrangement is far from ideal and I have
recommended that the Northern Ireland Prison Service should be aiming to issue a
comprehensive Instruction to Governors to supplement the Northern Ireland Prison
Rules in relation to the interception of prisoners’ communications.
Authorisations to Intercept Prisoners Communications
7.9
Necessity. A Governor may make arrangements to intercept a prisoner’s (or class
of prisoners) communications if he believes that it is necessary for one of the purposes
set out in Prison Rules 35A(4) (or Northern Ireland Prison Service Prison Rules 68A(4)).
These are:
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the interests of national security;
the prevention, detection, investigation or prosecution of crime;
the interests of public safety;
securing or maintaining prison security or good order and discipline in prison;
the protection of health or morals; or
the protection of the rights and freedoms of any person.
7.10 Proportionality. A Governor may only give authority to intercept a prisoner’s (or
class of prisoners) communications if he believes the conduct authorised is proportionate
to what is sought to be achieved by that conduct.
7.11 Types of monitoring. Interception is mandatory in some cases, for example, high
risk or exceptionally high risk Category A prisoners and prisoners on the Escape list. It
is often necessary to monitor prisoners for offence related purposes, for example, those
who have been convicted of sexual or harassment offences or who pose a significant
risk to children. All other prisoners may be subject to monitoring where the Governor
believes that it is necessary and proportionate for one of the purposes set out in Prison
Rules. Monitoring is conducted on the basis of an interception risk assessment and an
authorisation signed by the Governor.
7.12 Communications which are subject to legal privilege are protected and there are
also special arrangements in place for dealing with confidential matters, such as contact
with the Samaritans or a prisoner’s constituency MP.
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