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Welcome to the EuroPris Knowledge Management System. The table below shows questions and responses from European National Agencies. Select a question for more information or use the filters on the left to narrow down questions based on Agency or Category.
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Introduction: At the moment Latvian Prison Administration is evaluating various options to implement new changes to normative acts to in turn improve the Latvian penitentiary system and is currently investigating best foreign practice. Therefore, LPA would like to collect information about how other countries work with issues regarding control of inmate correspondence (in connection with a case in Constitutional Court of the Republic of Latvia).
Yes as stated on S.L 260.03 (Laws of Malta)
What control measures do you use in prisons for sentenced/non-sentenced prisoners? a)Opening of envelope (yes/no); b)Reading the text of a letter (yes/no); c)Other? Please, specify.A. yes, B yes
Do you control all letters of all inmates, independently of inmate’s status (sentenced/ non – sentenced) and security risks of the person etc.? If you control correspondence of selected inmates (e.g. selected for security reasons), who decides to apply the control of the correspondence to an individual inmate (e.g. Head of prison)? Is the reading of a letter crucial for identification of illegal content in the correspondence of inmate?Yes, sometimes.
Is it possible to make an individual decision for each case if it is necessary to read inmate's letter?Most of the times yes
3.4.1.2 Confidential & Privileged Prisoner Correspondence a Staff who manage or handle prisoner's correspondence must have the requisite knowledge and understanding of the Management of Prisoners Correspondence (MPC) Policy, Guidance and Standard Operating Procedures (SOP's). They must also be aware of the relevant Prison Rules and associated Directions. b Establishments must have procedures in place to ensure that the MPC Policy, Guidance and SOP's are being appropriately applied. c Copies of the current MPC Policy, Guidance and SOP's are available at all mail handling points and are readily available for managers and staff to reference. d The MPC Policy, Guidance and SOP's should be applied 6 days a week, Monday to Saturday inclusive, except in exceptional circumstances. e Establishments must have a clearly signposted 'mail delivery point' where mail can be safely secured until processing. Mail deliveries are not accepted at any other location. f All tracked items, (i.e. recorded/special delivery) are counted, confirmed and signed for on delivery to the Establishment by front of house staff. g Initial security scanning of mail takes place at front of house. h Mail is uplifted by the Mail Administrator and transported safely and securely to the Designated Secure Area (DSA). i Where Establishments are required to use the front of house x-ray equipment for the secondary scan, there must be no movement of the general public while the scan is being conducted. j A secure holder must be used to transport mail from delivery point to DSA for processing k The critical sorting, identification and recording processes are the core responsibility of the Mail Administrator. l Confidential Correspondence is handled in accordance with the MOPC Policy & Guidance Documents Confidential Correspondence is mail received from a: • Court; • Legal Advisor; • Medical Practitioner (where the prisoner is a relevant prisoner); and • Privileged Correspondent. m Privileged Correspondence is handled in accordance with the MOPC Policy & Guidance Documents. Privileged Correspondence is mail received from: • The Scottish Human Rights Commission; • The Equality & Human Rights Commission; • The Law Society of Scotland; • The Office of the Scottish Information Commissioner; • The Office of the UK Information Commissioner (ICO); • The Risk Management Authority (RMA); • The Samaritans; • The Scottish Children's Reporter Administration (SCRA); • The Scottish Legal Complaints Commission (SLCC); • The Scottish Public Service Ombudsman (SPSO); • The Scottish Legal Aid Board (SLAB) where it is marked "privileged". n To assist staff in identifying privileged correspondence, the logos of the organisations should be displayed prominently in the DSA, the office of the RFLM and any other areas used or managing mail. o Where a prisoner is subject to special arrangements for the management of their confidential correspondence, the Governor must ensure that staff are aware of these arrangements. The prisoners warrant file and PR2 record must be annotated to reflect these arrangements. p Staff involved in the handling and distribution of prisoner's correspondence can identify the mail logos of organisations who are classed as senders of privileged correspondence. q Confidential Correspondence is only opened and read in accordance with the MPC Policy & Guidance documents and Prison Rules. r All mail identified as Confidential Correspondence must be stamped 'Confidential Correspondence' on the front and the rear of the envelope. s General Correspondence is managed in accordance with the MPC Policy & Guidance documents and Prison Rules. t Within the DSA all mail is handled in accordance with the MPC Policy & Guidance documents. u Procedures are in place for the management of any prohibited articles or unauthorised property as directed by Prison Rules. v An identified manager undertakes a 'secondary assurance' check of the mail processing arrangements within the DSA and signs to confirm the process is correct. w Once mail processing is complete, prisoner's mail should be placed in a secure holder before it is moved from the DSA. The secure holder must be clearly marked as 'Confidential Correspondence' and contain a detailed Inventory. x Residential First Line Managers (RFLM's) will collect prisoner correspondence from the DSA and sign the Inventory before safely and securely transporting prisoner mail to the residential area. y A RFLM and a member of staff will issue all Confidential Correspondence, complete the Inventory and return it to the DSA. z Prisoners are asked to sign for all tracked mail (i.e. recorded/special delivery) to confirm receipt. Refusal to sign should be recorded by 2 staff. aa The Establishment has a process in place for the Opening of Mail in error - SOP MOPC 6. ab All general correspondence is opened and checked in the presence of the prisoner without reading the contents. ac Establishments provide Statements of Assurance to the Director of Operations by way of evidencing compliance with the MPC Policy & Guidance Documents.
Do you control all letters of all inmates, independently of inmate’s status (sentenced/ non – sentenced) and security risks of the person etc.?See Qs 1&2
If you control correspondence of selected inmates (e.g. selected for security reasons), who decides to apply the control of the correspondence to an individual inmate (e.g. Head of prison)?See Qs 1&2
Is the reading of a letter crucial for identification of illegal content in the correspondence of inmate?See Qs 1&2
Is it possible to make an individual decision for each case if it is necessary to read inmate's letter?See Qs 1&2
Yes we can Booth open letters and under certain circumstances also read it.
Do you control all letters of all inmates, independently of inmate’s status (sentenced/ non – sentenced) and security risks of the person etc.?No we don't Control all letters going in and out. On the special secutity wings we check and read every letter going in and out but in open prisons almost none. On our seccurity wings we have about 20 inmates in all.
If you control correspondence of selected inmates (e.g. selected for security reasons), who decides to apply the control of the correspondence to an individual inmate (e.g. Head of prison)?Head of prison but in most cases delegated to the head of security on the specific prison.
Is the reading of a letter crucial for identification of illegal content in the correspondence of inmate?As we do a risk assessment of every inmate we have the information of whom we should look att or not.
Is it possible to make an individual decision for each case if it is necessary to read inmate's letter?Yes it is.
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Under Rule 45 of the Prison Rules 2007 letters given by prisoners for sending may be opened and examined by Governor/designated staff who may confiscate the letter or any article enclosed If they are of the opinion if it: (a) Is threatening in nature, (b) were the letter or article be sent to the person for it was intended it could cause serious offence or distress to that person or other persons or could interfere with the course of justice, (c) the prisoner has not adequately identified himself or herself as the sender of the letter, (d) the person of whom it is intended has informed either the Minister or the Governor that he or she does not wish to receive letters from the prisoner, (e) it would facilitate or encourage the commission of a criminal offence or hamper the prevention, detection, investigation or prosecution of a criminal offence, (f) it could give rise to a legal action by a third party against the Governor or the Minister, (g) it is contrary to the interests of national security, (h) it is contrary to the interests of the security, good order and government of the prison (i) it infringes the rights and freedom of another person (including the right to privacy of another prisoner). Note prisoners can send letters under Rule 44 to their legal adviser, member of visiting committee, The Minister, European Court of Human Rights, Chief Justice, Presidents of the High, Circuit & District Courts or the Presiding Judge of the Special Criminal Court, The Parole Board, Inspector of Prisons, Irish Human Rights Commission and the International Committee of the Red Cross. These letters are not opened or read and are sent to the intended person without delay. Letters sent to prisoners by these bodies shall be given to the prisoner without delay and shall not be examined to any greater extent that is necessary to determine that it is such a letter. If any letter is to be examined, it shall only be opened in the presence of the prisoner whom it is addressed.
What control measures do you use in prisons for sentenced/non-sentenced prisoners? a)Opening of envelope (yes/no); b)Reading the text of a letter (yes/no); c)Other? Please, specify.a) Yes b) Yes
Do you control all letters of all inmates, independently of inmate’s status (sentenced/ non – sentenced) and security risks of the person etc.?All inmates may have their letters scrutinised but if there was particular information available on certain prisoners extra attention would be given to their letters.
If you control correspondence of selected inmates (e.g. selected for security reasons), who decides to apply the control of the correspondence to an individual inmate (e.g. Head of prison)?Any scrutiny of post is at the discretion of the Governor of the prison or staff designated on his/her behalf to carry out the duties.
Is the reading of a letter crucial for identification of illegal content in the correspondence of inmate?A prisoner may have a prohibited contact attached to their profile so the intended person the letter is for may be enough to have the letter confiscated without reading same.
Is it possible to make an individual decision for each case if it is necessary to read inmate's letter?N/A
Incoming and outgoing mail correspondence of inmates may be controlled if the procedure is established by a prison director‘s resolution or court ruling with the aim to prevent criminal activities or other legal violations or in order to secure rights and freedoms of other people.
What control measures do you use in prisons for sentenced/non-sentenced prisoners? a)Opening of envelope (yes/no); b)Reading the text of a letter (yes/no); c)Other? Please, specify.Inmates hand over their correspondence in open envelopes to the authorized employees. Both correspondence and envelope are examined in the inmate’s presence whether they contain other objects except for a letter, pictures, post cards, post stamps, envelopes and documents allowed to the inmate
Do you control all letters of all inmates, independently of inmate’s status (sentenced/ non – sentenced) and security risks of the person etc.?A prison director‘s resolution or court ruling should set out the grounds for application of the control measures towards incoming/outgoing mail correspondence of inmates, the duration and manner of the measures applied, names of persons whose incoming/outgoing mail correspondence should be controlled or delivery suspended and other circumstances that lead to the application of control measures
If you control correspondence of selected inmates (e.g. selected for security reasons), who decides to apply the control of the correspondence to an individual inmate (e.g. Head of prison)?Prison director or court
Is the reading of a letter crucial for identification of illegal content in the correspondence of inmate?No
Is it possible to make an individual decision for each case if it is necessary to read inmate's letter?Yes
Yes. In accordance with the law, prison governor or a prison officer designated by him/her have the right to inspect the incoming and outgoing correspondence of inmates (pre-trial detainees and prisoners) and acquaint oneself with its content (read the text of the letter). There is a special regime for correspondence of pre-trial detainees in preventive detention (pre-trial detainees in case of which there is, according to a court ruling, a well-founded concern that they will affect the witnesses, experts, co-detainees or otherwise obstruct clarification of facts important for prosecution). This correspondence is sent and admitted through the law enforcement body or court. The right of inspection of correspondence does not concern the correspondence between inmates and their advocates, between inmates and the court, between inmates and chosen State bodies (e.g. Office of the President of the Slovak Republic, Government Office of the Slovak Republic and the like) and between inmates and international organisations that are competent to deal with motions or complaints concerning protection of human rights (e.g. CPT, ECHR and the like).
What control measures do you use in prisons for sentenced/non-sentenced prisoners? a)Opening of envelope (yes/no); b)Reading the text of a letter (yes/no); c)Other? Please, specify.a) yes b) yes c) inspection of correspondence with service dogs for searching drugs, inspection of closed correspondence by X-ray
Do you control all letters of all inmates, independently of inmate’s status (sentenced/ non – sentenced) and security risks of the person etc.?Inspection of correspondence of inmates (except of the abovementioned “privileged” communication) is a right of the staff. It follows from the above that the staff is not obliged to inspect each piece of correspondence. The staff members decide individually which piece of correspondence is inspected (there are no universal criteria for a choice of inmates or correspondence). There are uniform rules only for pre-trial detainees in preventive detention – their correspondence is always submitted for a control to the law enforcement body or court.
If you control correspondence of selected inmates (e.g. selected for security reasons), who decides to apply the control of the correspondence to an individual inmate (e.g. Head of prison)?See reply to point 3.
Is the reading of a letter crucial for identification of illegal content in the correspondence of inmate?Yes, reading a letter is crucial for identification of an illegal content of a letter.
Is it possible to make an individual decision for each case if it is necessary to read inmate's letter?See reply to point 3.
This content is only available to registered members of EuroPris.
This content is only available to registered members of EuroPris.
This content is only available to registered members of EuroPris.
This content is only available to registered members of EuroPris.
This content is only available to registered members of EuroPris.