Investigatory Powers Commissioner’s Annual Report 2019
communications compacts are revisited by HMPPS and more suitable versions are made
available for prisoners with specific requirements.
15.18
The ability for prisoners to make phone calls, send emails or write letters is important to
maintain family connections and to access channels of help and support. The introduction
of PIN enabled in-cell phones in some prisons has allowed calls to be made in private and at
a time which fits with their families’ schedules. In-cell phones also provide easier access to
support services to improve rehabilitation and reduce the demand for illicit mobile phones.
15.19
However, safeguards must be in place to prevent inappropriate use of telephones and
letters, for example, to contact victims of harassment or witnesses. Therefore, where public
protection concerns exist, governors may authorise telephone calls and/or correspondence
to be monitored routinely. Where there are security concerns, monitoring may be approved
in order to gather intelligence or prevent crime. In both circumstances, the monitoring is
authorised by a senior manager and must regularly be reviewed to ensure it continues to
be appropriate.
15.20
Overall, we found that the authorisation process for monitoring both phone calls and
mail were lawful. However, we identified several examples where the authorising senior
manager failed sufficiently to explain why the monitoring was deemed necessary and
proportionate, or why the decision had been made to continue or discontinue monitoring.
If supporting evidence or intelligence had been considered during the senior manager’s
assessment, this was not always readily accessible to our Inspectors or recorded within the
authorisation.
15.21
Prisons that have adopted a fully electronic workflow for their approval and monitoring
processes were found to be more compliant in these areas than those that still relied on
paper procedures. We therefore recommended that all prisons move to a fully electronic
system with centrally shared access to relevant documentation for all personnel involved
in the interception process. A key area for review during future inspections will be the
implementation of a consistent policy for the retention, storage and destruction of
intercept-related material as there was no consistent approach across all prisons.
15.22
Another key area for improvement that our inspections identified was that managers are
rarely conducting enough random checks of PIN phone monitoring to provide assurance
that staff who monitored telephone conversations did not exceed their remit. With limited
resources, it is crucial that senior managers take a more targeted, intelligence-led approach
and review the need for continuous monitoring more regularly. In addition, increased
quality management checks should be undertaken to ensure monitoring has not been
excessive. We will review whether there has been adequate improvement in this area
in 2020.
15.23
As noted above, the SPS has configured their PIN phone systems to play a brief recorded
announcement to the recipient to inform them that their call will be subject to recording
and potential listening. However, there was no consistent arrangement in place for prisons
within England and Wales and the reliance is upon the prisoner to inform the recipient. A
recorded announcement would remove the responsibility from the prisoner and provide
an option for the recipient to consent to receiving the call. This would also provide an
additional safeguard against inappropriate use, especially where public protection issues
exist. We will examine this further with HMPPS over the coming months.
115