2012 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 National Intelligence Unit (NIU) 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 made under the Prison Act 1952,
Function 4 of the National Security Framework (NSF), the Public Protection Manual (PPM), and
Prison Service Instructions (PSIs) 49/2011 & 24/2012. 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.
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
in August 2012 as part of PSI 49/2012. 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.
The systems and processes in place for identifying and monitoring prisoners who are subject
to offence related monitoring, intelligence-led monitoring or monitoring for other security /
control issues (i.e. Category A prisoners, Escape List prisoners, ad hoc and random monitoring)
are examined. The Interception Risk Assessment process and the authorisations in place for the
53