IPCO Annual Report 2018
14. Prisons
Overview
14.1
In England and Wales, the interception of prisoners’ communications (telephone calls and
mail) is governed by Prison Rules 1999 (as amended), which are made under the Prison
Act 1952. Scottish Prisons use the Regulation of Investigatory Powers (Scotland) Act 2000
(RIPSA) and prisons in Northern Ireland are governed by the Northern Ireland Prisons Act
1953. In each country, Prison Governors can authorise a wide range of intrusive conduct if
they consider it necessary and proportionate for the purposes of:
• National Security;
• Prevention and detection of crime;
• Public safety;
• Securing prison security;
• Protection of health or morals; and/or
• Protection of others’ freedoms.
14.2
Other legislation available to Governors includes the Regulation of Investigatory Powers
Act 2000 (RIPA) for authorising covert surveillance and management of covert human
intelligence sources (CHIS) or the Serious Crime Act 2015, which allows the removal
of illegal handsets from communication networks and the interference with Wireless
Telegraphy Act 2012 to identify illicitly held mobile phones.
14.3
We have seen many examples where the use of covert tactics has led to the recovery of
illicit items being taken into establishments by visitors, the identification and confirmation
of corrupt relationships between staff and prisoners and the recovery of many illicit items
from within the prison such as phones, SIM cards and homemade weapons.
14.4
We inspect the use of these powers at the individual prisons and centrally at Her Majesty’s
Prison and Probation Service (HMPPS). In 2018, we conducted 88 prisons inspections.
Findings
14.5
Overall, we are satisfied that the level of compliance in relation to the use of covert powers
under RIPA is slowly improving. However, there is still much work to be done and the
methodologies are not generally compliant with the requirements of the relevant Codes
of Practice (CoP). We anticipate that the planned structural and procedural changes, if
implemented, together with our recommendations below, will go a long way to establishing
a compliant regime.
95