2011 Annual Report of the Interception of Communications Commissioner
8. INTERCEPTION OF PRISONERS’
COMMUNICATIONS
8.1. General Background
I have continued to provide oversight of the interception of communications in prisons in England,
Wales and Northern Ireland. This function does not fall within my statutory jurisdiction under
RIPA, but the non-statutory oversight regime came into effect in 2002.The intention was to bring
prisons within a regulated environment. Section 4(4) of RIPA provides for the lawful interception
of communications in prisons to be carried out under rules made under Section 47 of the Prison
Act 1952.
The interception of prisoners’ communications plays a vital role not only in the prevention and
detection of crime but also in maintaining security, good order and discipline in prisons and in
safeguarding the public.
My inspection team undertake a revolving programme of inspection visits to prisons. The
Inspections generally take 1 day and the frequency of each prison’s inspection depends on the
nature and category of the establishment and their previous level of compliance.The Inspectorate
has an excellent working relationship with the Intelligence Unit (IU) at the National Offender
Management Service (NOMS) and regular meetings are held to review the outcomes of the
inspections.
8.2. Inspection Regime
The primary objective of the inspections is to ensure that all interception is carried out lawfully in
accordance with the Human Rights Act (HRA), Prison Rules, Function 4 of the National Security
Framework (NSF) and the Public Protection Manual (PPM). Interception is mandatory in some
cases, for example in relation to High Risk Category A prisoners and prisoners who have been
placed on the Escape List. Often it is necessary to monitor the communications of prisoners who
have been convicted of sexual or harassment offences, and who continue to pose a significant risk
to children or the public. 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 and a prisoner’s constituency MP.
“Interception is mandatory in some cases, for example in relation to High Risk
Category A prisoners and prisoners who have been placed on the Escape List”
A legal obligation is placed upon the Prison Service to inform the prisoners, both verbally
and in writing that their communications are subject to interception. Good evidence must be
created and retained to demonstrate this legal obligation is being fulfilled. My inspectors examine
the arrangements in place to inform prisoners that their communications may be subject to
interception. All prisoners must be asked to sign the national Communications Compact issued
by the Chief Executive, NOMS in November 2008. My inspectors randomly examine signed
copies of the Communications Compacts to check that they are being appropriately issued.They
also check that notices regarding the interception of communications are displayed within the
prison.
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