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Investigatory Powers Commissioner’s Annual Report 2019
Police Scotland colleagues and our examination of casework has identified that, as a result,
applications are properly considered, covering current risks and taking into account already
authorised CHIS. A nominated SPS authorising officer works closely with the relevant Police
Scotland AO and authorisations will only continue with full concurrence from both. We
found that this system works well.
Interception
15.14
The introduction of section 49 of the IPA did not result in any substantial changes to the
interception of communications in prisons. Powers for prisons to carry out interception
continues to be provided for under prison rules49 on the grounds specified below:
• 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; and
• the protection of the rights and freedoms of any person.50
15.15
We oversee the appropriate security measures, safeguards and arrangements in
place during inspections. Two of our key objectives are to ensure all interception and
subsequent monitoring are carried out lawfully, and that the prisons are fully discharging
their responsibilities to inform prisoners that their communications may be subject to
interception. Prisoners’ communications with their lawyers, Members of Parliament (MPs)
and several other categories of individuals and organisations (such as the Samaritans) are
‘privileged’ or considered confidential and should not be read or listened to other than in
the most exceptional circumstances. All other communications may be monitored.
15.16
Overall, the arrangements for the interception of communications are in accordance
with prison rules and the Prison Service Instruction (PSI) 04/2016. There is a consistent
approach to ensuring prisoners are informed that their communications may be subject
to interception, and suitable measures are in place to configure the Personal Identification
Number (PIN) phone systems51 to ensure that legal and confidential calls from prisoners are
not recorded or listened to.
15.17
However, we identified several cases in which the documents, known as communications
compacts, used to inform prisoners that their communications may be subject to
interception were not legible and copies were rarely provided for prisoners to retain.
While compacts were always signed by prisoners, some were not signed by staff to confirm
that they had explained the contents as required by PSI 04/2016. We also found that the
communications compact document was only available in one format with no alternative
versions published by HMPPS to cater for individual needs, such as young offenders,
foreign languages, visually impaired or dyslexic inmates. We have recommended that
49 Prison rules means any rules made under section 47 of the Prison Act 1952, section 39 of the Prisons
(Scotland) Act 1989, or section 13 of the Prison Act (Northern Ireland) 1953.
50 Prison Rule 35A(5) of The Prison Rules 1999 confirms that “the protection of the rights and freedoms of any
person” cannot be used to justify interception using a telecommunications system.
51 A PIN phone system allows a prisoner to use a Personal Identification Number (PIN) to make restricted calls
to an approved telephone list only. All calls are recorded and stored for 90 days, except for those entered
on the system as legal or confidential.