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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: HMPPS uses Video Conference Centres to support prisoner and legal consultation as part of court hearings. Under our Prison Rules, these conference calls are treated as a form of communication as opposed to a visit, in the same way as in-person legal visits are. We are therefore exploring whether they should be aligned to a visit.
In the last period and due to tecnical development and important regulation changes that allow the use of new tecnologies and internet inside prison, there is an interest in facilitating vídeo calls between lawyers and prisoners in order to promote inmate's rights before trial. This type of calls are not a substitution of face to face visits, but it is a way of improve inmate's rights through the permanent contact with the outside of the prison.
Do you supervise video calls between lawyers/ legal advisors and prisoners? If so, what level of supervision?The legal regime is the same as the one of face to face visits. In this sense, supervison of communications between lawyers and inamtes is very restricted. Mainly, if we think on the lawyer in charge of the defense of the inmate.
Contact between an inmate and his defense attorney (or other lawyer) normally takes place through letters, telephone calls and visits. The possibility of video calls is only available if the inmate has such a hearing or speech impairment that calls cannot be made via telephone. Electronic communications (telephone calls or video calls) between an inmate and his defense attorney (or other lawyer) may not be intercepted according to current regulations. It happens that inmates attend court hearings via video conferencing equipment from the detention center or prison. This type of presence replaces court attendance in person and is not treated under the regulations for electronic communication or visits.
Do you supervise video calls between lawyers/ legal advisors and prisoners? If so, what level of supervision?Please see above
The law stipulates that telephone calls (including video calls) between inmates/pre-trial detainees and their lawyers are not managed, i.e., inmates/pre-trial detainees can make as many calls as they need to. The costs of the telephone calls shall be borne by inmates/pre-trial detainees. The lawyer may also be present at the trial if the proceedings are conducted remotely.
Do you supervise video calls between lawyers/ legal advisors and prisoners? If so, what level of supervision?The conversation between the lawyer and the inmate/pre-trial detainee is not listened to. The behaviour of the inmate/pre-trial detainee may be observed.
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We plan to start work on the technical possibilities of conducting consultations or other activities between lawyers/legal advisors and clients (inmates) by video transmission, as well as between other authorised bodies and clients (inmates), within the next year. The preparation phase will include the functional specification of the system (method of appointment booking, method of identity verification, confidentiality of communication maintaining, etc.), in which we will also communicate with the professional organisations concerned (e.g. the Bar Association).
Do you supervise video calls between lawyers/ legal advisors and prisoners? If so, what level of supervision?See the answer to question no. 1. Our effort is to respect the confidentiality of the communication between the defender/advocate and the client (the parties can be seen but not heard).
No difference - managed in separate room in sight, out of sound.
Do you supervise video calls between lawyers/ legal advisors and prisoners? If so, what level of supervision?Same - in sight, out of sound
At the moment we offer videocalls only for lawyers. We ask for a bar association certificate when a lawyer comes to an in-person visit and a legal advisor needs to show his or he ID-card and a proof of representation (e.g. representation agreement). We do not run a background check on them. Lawyer/legal advisor and client appointment takes place without any supervision. Lawyer/legal advisor can come to prison anytime without prior registration. Although, when a lawyer wants a video appointment then they need to register at least 48h in advance. Before the online appointment prison officials makes a video connection between the prison and the lawyer, after which the prison identifies the lawyer. As the in-person visits, videocalls are not supervised by any means. In Estonia we have 3 prisons, but right now only one of them allows videocalls between a prisoner and a lawyer. It is a pilot project, which takes place in Tartu´s prison, because the current legislation does not allow prisoners to use the Internet. However, the legislation is currently being amended, and in the future the possibility of video calls will be extended to all prisons.
Do you supervise video calls between lawyers/ legal advisors and prisoners? If so, what level of supervision?We do not supervise video calls between prisoners and lawyers.
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This content is only available to registered members of EuroPris.
Video calls between lawyers and inmates are organized the same way as an in-person visit. That means no control when inmates and their lawyer is meeting.
Do you supervise video calls between lawyers/ legal advisors and prisoners? If so, what level of supervision?The only supervision is the technical part setting up the call. Controlling the conversation is not to be done between inmate and their lawyer.
Yes. The Danish prison system manages video calls between lawyers/ legal advisors and prisoners the same way as we manage an in-person visit.
Do you supervise video calls between lawyers/ legal advisors and prisoners? If so, what level of supervision?No. The Danish prison system does not supervise video calls between lawyers/ legal advisors and prisoners. The video-call system in Denmark is initiated by the courts. If any technical supervision is done it belongs to the court.
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The regulations currently in force in the Italian prison system provide for that the video calls between lawyers and prisoners are equal to the interviews in person between lawyers and prisoners. Therefore, they are not limited neither in numbers nor in duration. They are carried out using dedicated devices and software of the Penitentiary Administration
Do you supervise video calls between lawyers/ legal advisors and prisoners? If so, what level of supervision?The video calls between lawyers and prisoners – as it happens also for the interviews in person between lawyers and prisoners – are carried out under the visual supervision of the penitentiary police staff. This means that the prison officers only check that just the lawyer appear on the screen used for the call, who was previously identified
1.) We understand that the question refers to contacts between prisoners and their counsel in the context of general legal assistance and not to online hearings organized by a court. Video calls between prisoners and their counsel are currently not facilitated in a general manner. There are no instructions in this regard from the central administration of the Directorate-General for Penitentiary Institutions. However, in cooperation with the local bar association, a pilot project to organize more video calls between a prisoner and his counsel has recently been launched in one prison. A legal basis for video calls (in general, not specifically video calls with a counsel) is currently being prepared. This (yet to be finalized) legal basis will obviously include the possibility of video calls with a counsel. It is by no means the aim that video calls would reduce or replace other contact opportunities (in-person visits, telephone contacts ...) between a prisoner and his counsel.
Do you supervise video calls between lawyers/ legal advisors and prisoners? If so, what level of supervision?urrently and in the future, if a video call with a counsel is organized, it will in any case have to be ensured that (just as with in-person visits by counsels) only visual supervision is possible.