Prison rule 39 has been essentially unchanged since 1968. It deals with our correspondence with the courts and our solicitor, and states that such mail can only be opened on a Governor's order based on a reasonable suspicion that the letter contains illicit items.
Such is the will of Parliament. Alas, Erlestoke has a "local order" which treats this law with contempt. They insist on examining all outgoing legal mail. Given the ancient status of this rule, this isn't done out of ignorance; management know damn well what they are doing isn't lawful.
The outcome of this should be pretty obvious. When they interfere with my legal mail then we will all be taking a trip to the local County Court where they will write me a nice cheque in compensation.
Ah, your taxes at work. Don't you feel better for knowing how it's wasted?
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Prison Rule 39 says that legally privileged correspondence can be opened, read or even stopped in 2 circumstances…(1) if gov has reasonable cause to believe that it contains an ‘illicit enclosure’ & (2) where gov has reasonable cause to believe that contents endanger prison security or the safety of others or are otherwise of a crim nature. Claims for misfeasance in public office have been tried and failed----three 2006 cases, at least one in the Lords, are on point here (Watkins; Woodin; Francis). Good luck
ReplyDeleteI would think that by now in yr case the gov may find it less than impossible to establish reasonable cause. You have left a few hostages to fortune?
Take the word processor, stop the man writing openly. Take rule 39 and tear it up - stop the man writing illicitly. Will there be a new PSI entitled 'stop prisoners writing'? Watch this space....
ReplyDeleteSurely they have to prove their suspicions have some grounds for their concerns? Methinks they are worried about what he could say.
ReplyDeleteSpend it on phone calls.
ReplyDeleteThis whole saga is a huge waste of my taxes: he's a threat only to the public image of the prison system and I don't think it's worth £50k a year to prevent him criticising them (which is what he'd do full-time if they let him out).