HC Deb 24 January 1980 vol 977 cc313-4W
Mr. Ernie Roberts

asked the Secretary of State for the Home Department if, under the prison rules, a prisoner in one of Her Majesty's prisons has the right to consult a solicitor; and by what authority and in which circumstances such a right may be withdrawn.

Mr. Brittan

Under prison rule 34(8) a prisoner is not entitled to communicate with any person in connection with any legal or other business except with the leave of the Secretary of State. Prison rule 37A(4) provides that, subject to any directions of the Secretary of State, a prisoner may correspond with a solicitor with a view to taking civil proceedings. In general this means that a prisoner is allowed, on application to the governor, to consult a solicitor for this purpose. Where his request concerns a complaint against the Home Office or any of its staff in connection with his imprisonment, prison standing orders 17A5 and 6 preclude him from consulting his solicitor until the complaint has been ventilated through the normal internal channels and he has received a definitive reply to it. Thereafter he is allowed to write to his solicitor. Under standing order 17B a prisoner is not allowed to consult a legal advisor with a view to initiating a private criminal prosecution. A copy of prison standing orders has been placed in the Library of the House.

Mr. Ernie Roberts

asked the Secretary of State for the Home Department if, under the prison rules, a prisoner in one of Her Majesty's prisons has the right of correspondence with persons outside the prison; and by what authority and in what circumstances a prison's letter may be withheld from the post.

Mr. Brittan

Under rule 34 of the prison rules, any prisoner is entitled to communicate with relatives or friends. A convicted prisoner is entitled to send and receive a letter on his reception into prison and thereafter once a week. Rule 33 of the prison rules allows the Secretary of State to impose restrictions on communications between prisoners and other persons, and governors to stop letters. The circumstances in which the Secretary of State and governors exercise their powers are set out in section 5 of prison standing orders, a copy of which has been placed in the Library of the House.