§ Miss Maynardasked the Secretary of State for the Home Department how the Home Office and its servants distinguish correspondence which may not be stopped or read pursuant to Rule 37A(1) of the Prison Rules 1964, as amended, from other correspondence, without reading it.
§ Mr. Merlyn ReesWhere the examining officer acting under Prison Rule 33(3) is unaware of the reason for the correspondence it may be necessary for him to peruse as much of a communication as is necessary to enable him to apply the appropriate Prison Rule to it.
§ Miss Maynardasked the Secretary of State for the Home Department what directions he has given pursuant to Rule 37A(1) and (4) of the Prison Rules 1964, as amended, generally and specifically in relation to Category A prisoners.
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§ Mr. Merlyn ReesNo directions have been issued pursuant to Prison Rule 37A(1). For the directions in respect of correspondence between a prisoner and a solicitor in connection with civil litigation I would refer my hon. Friend to Section 17A of Prison Standing Orders, a copy of which is in the Library of the House.
§ Miss Maynardasked the Secretary of State for the Home Department what procedure a prisoner must adopt to obtain permission to see or correspond with a solicitor about a matter in which criminal proceedings could arise against the Home Office or its servants over the treatment of a prisoner whilst serving his sentence; and who decides whether there is a likelihood of criminal proceedings in connection with a decision on such a request for permission.
§ Mr. Merlyn ReesA prisoner may not communicate with a solicitor with a view to instituting criminal proceedings. If he has reason to believe that a criminal offence may have been committed by a member of the staff he should inform the governor. If the governor is satisfied after investigation that there appears to be any substance to the allegation he will ordinarily seek instructions from Prison Department Headquarters whether the police should be invited to investigate the matter. If so, the question whether criminal proceedings would be instituted would be for the police to decide. Where urgent action is required the governor has discretion to inform the police on his own initiative.
§ Miss Maynardasked the Secretary of State for the Home Department whether a prisoner is entitled without interference by the Home Office or its servants to correspond with a solicitor without the letters being stopped or read, and see a solicitor in sight but out of hearing of a prison officer where the prisoner only requires advice concerning his rights whether in relation to his imprisonment or otherwise.
§ Mr. Merlyn ReesA prisoner may be interviewed by a solicitor out of the hearing of an officer or correspond with a solicitor without his letters being stopped or read if they are in connection with (a) legal proceedings to 902W which he is a party and the governor has no reason to suppose that the correspondence contains matter not relating to those proceedings, or (b) a petition by the prisoner to the European Commission of Human Rights. A prisoner may be granted facilities to communicate with his solicitor on other matters at the discretion of the governor, and such correspondence may be read and stopped under Prison Rule 33(3) and his visits may be within the hearing of an officer under Rule 33(5). Facilities for a prisoner to seek legal advice about his treatment in prison would be granted only in the context of the possible institution of legal proceedings.
§ Miss Maynardasked the Secretary of State for the Home Department why the distinction is drawn in Rule 37A of the Prison Rules 1964, as amended, between prisoners who are parties to proceedings which have been instituted and prisoners who require legal advice to institute proceedings regarding correspondence with a solicitor, when there is no such distinction drawn regarding the privilege of solicitor/client written communication in either of the two situations; and what review was made of this practice following the judgment of the Court of Human Rights in the Golder Case (1975).
§ Mr. Merlyn ReesA prisoner may not consult a solicitor with a view to instituting proceedings in respect of his prison treatment unless he has first ventilated the complaint through the normal internal channels. It would not be possible to ensure that this requirement is observed unless letters were read as Prison Rule 33(3) provides. Rule 37A(l) enables the requirements of Rule 33(3) to be waived when legal proceedings are under way. Rule 37A was amended by the addition of paragraph 4 in consequence of the Golder judgment.
§ Miss Maynardasked the Secretary of State for the Home Department what directions or criteria have been made or are applied by the Home Office to requests by families of legal representatives for copies of medical reports on prisoners, copies of any internal judicial or quasi-judicial adjudication affecting the prisoner, including the facts of evidence upon which that adjudication was based and information concerning the 903W treatment of prisoners including their health, any punishment they may be subject to, segregation from other prisoners and confinement in secure units.
§ Mr. Merlyn ReesIt is not the practice to make copies of medical reports on prisoners and records of any disciplinary proceedings available to relatives or legal representatives of prisoners other than on the direction of a court in connection with legal proceedings.