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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:
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The governing policy on communication for prisoners within England and Wales (Prison Service Instruction 49/2011 – Prisoner Communication Services) set out the following requirements concerning Inter-Prison correspondence - : Correspondence between convicted prisoners requires the approval of the Governors of both prisons concerned, except where the prisoners are close relatives or where they were co-defendants at their trial and the correspondence relates to their conviction or sentence.
Are there any cases where such correspondence is strictly not allowed?Subject to the provisions above, approval should be given unless there are reasons to believe that such correspondence will seriously impede the rehabilitation of either prisoner, or where it would be desirable, in the interests of security or good order and discipline, that the prisoners should be prevented from communicating. Accordingly, if the Governor of the sending establishment has no objections, the letter should be sent to the Governor of the recipient’s establishment with a covering note inviting them to consider whether it should be issued.
Do you (and how) control the content of these letters?This type of correspondence is subject to the usual prison controls and restrictions placed on prisoners’ mail; as set out in the aforementioned policy.
Are there any restrictions on the amount of the written correspondence among prisoners?There are no centrally specified restrictions, however Governors may set limits on this type of correspondence locally; in light of the controls and restrictions noted above.
If permitted, which way are the letters shipped within the same prison?This would be determined at a local level.
Is there a legally prescribed procedure or every prison has its own procedure?Please see previous response.
What do you consider as major problems regarding to the written correspondence of prisoners?This is not known centrally and may vary from establishment to establishment.
Special Remarks or CommentsThe NOMS Prison Service Instruction on Prisoner Communications can be found at http://www.justice.gsi.gov.uk/downloads/offenders/psipso/psi-2011/psi-49-2011-prisoner-comms-services.doc
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Prisoner correspondence (both into and out of the prison) is regulated by law. Statutory Instrument 252 of 2007 (the Prison Rules) sets out the number of letters allowed and restrictions on same. Prisoners who wish to write more than seven letters per week are required to pay for the postage of any extra letters and there is an extra allowance for unconvicted (remand) prisoners. In addition, prisoners are allowed write, in confidence, to specified certain persons/agencies such as CPT, European Court of Human Rights, the Inspector of Prisons, the Minister, the Irish Human Rights Commission and the International Committee of the Red Cross.
Are there any cases where such correspondence is strictly not allowed?The Irish Prison Service operates a censoring system. Correspondence found to contain unsuitable material likely to negatively impact on the security and good order of a prison will be censored. Letters containing obscene language, or threatening behaviour etc will be censored.
Do you (and how) control the content of these letters?As above
Are there any restrictions on the amount of the written correspondence among prisoners?see Question 1.
If permitted, which way are the letters shipped within the same prison?This is not a practice experienced in the Irish system. Prisoners do not communicate with one another, in writing. If it was to occur, the normal censoring process would apply.
Is there a legally prescribed procedure or every prison has its own procedure?The overall system is governed by law (see above). Different prisons may have slightly different administrative procedures, but the Rules are applied across the Estate.
What do you consider as major problems regarding to the written correspondence of prisoners?Prisoner correspondence does not, in the main, cause major problems. Individual cases of prisoners attempting to contact victims, or seeking to have contraband brought into the prison have arisen, the system in general does not pose major operational difficulties.
Special Remarks or CommentsSubmitted on behalf of the Director General of the Irish Prison Service, Michael Donnellan.
Those in custody have the right to contact persons outside investigation prison by writing to them. Inmates are not prohibited by law to write to other inmates as long as they are not in the same prison. Sentenced persons have the right to send and receive letters and telegrams with no limited number. Inmates are not prohibited by law to write to other inmates. Written correspondence between inmates serving their time in the same prison, due to security reasons, is not allowed.
Are there any cases where such correspondence is strictly not allowed?Letters to and from inmates may be held if: Their contents may damage the goals of sentence execution, security of place of imprisonment and order established in the place of imprisonment; Their content transfer to outside could contribute to a criminal or administrative offense being committed; These letters can threaten the legal rights and interests protected by law of another person; The goal of the correspondence is exchanging information between inmates who have committed the crime together. The Chief of place of imprisonment may prohibit correspondence to and from a specific person.
Do you (and how) control the content of these letters?Private correspondence is controlled by reading the letters (applying censure) .
Are there any restrictions on the amount of the written correspondence among prisoners?No.
If permitted, which way are the letters shipped within the same prison?Written correspondence between inmates of the same prison is not allowed.
Is there a legally prescribed procedure or every prison has its own procedure?The order is established in The Sentence Execution Code of Latvia and Law On the Procedures for Holding under Arrest and applies to all places of imprisonment.
What do you consider as major problems regarding to the written correspondence of prisoners?Written correspondence between inmates may pose a threat to the security and the established order in a place of imprisonment.
Special Remarks or CommentsIn general, people who are serving a sentence may correspond with whomever they desire. The courts may decide that a person remanded in custody shall be subject to denial or restrictions on correspondence.
Are there any cases where such correspondence is strictly not allowed?The Correctional Service may refuse to deliver or send a postal item to or from prisoners if the item contains information concerning planning or committing a criminal act, evasion of execution of the sentence, or acts that will disturb peace, order and security. Prisoners may however be informed of any part of the postal item that may be divulged without harm.
Do you (and how) control the content of these letters?The Correctional Service investigates mail sent to and by prisoners who are serving their sentence at a particularly high security level. Mail to and from prisoners in a prison with a high security level shall be checked, but such checking may be omitted unless security reasons contraindicate this. Mail to and from prisoners in a prison with a lower level of security or in a prison/halfway house shall be checked if it appears necessary for security reasons.
Are there any restrictions on the amount of the written correspondence among prisoners?As a starting point, there is no restrictions on the number of letters that can be sent among prisoners. The amount of letters may, however, be restricted if security reasons or considerations of prudent resource management contraindicate this.
If permitted, which way are the letters shipped within the same prison?There is no legally prescribed procedure for this. Hence every prison may have its own procedure
Is there a legally prescribed procedure or every prison has its own procedure?There is no legally prescribed procedure for this. Hence every prison may have its own procedure.
What do you consider as major problems regarding to the written correspondence of prisoners?Balancing the inmates rights to correspond with others and maintain effective resource management when checking mail. This is especially difficult in relation to correspondence written in languages which prison staff does not understand.
Special Remarks or CommentsInmates submit their letters they want to get mailed to authorized penitentiary officers. An inmate's letter is not read but is checked, in an inmate's presence, for forbidden items. Letters indicating no addressee (name or family name) as well as letters written on behalf of another inmate are not accepted. This is a common requirement valid in all penitentiary institutions.
Are there any cases where such correspondence is strictly not allowed?Since 1 September 2015 the correspondence between inmates is allowed, so not much experience.
Do you (and how) control the content of these letters?Seeking to prevent crimes or other offences, secure other person's rights and freedoms letters sent and received may be checked or their mailing/ delivery temporary withheld (for up to three months period) upon a prison director's resolution or court decision. Letters are no longer checked and mailing/ delivery thereof is renewed when basis for the above mentioned actions extinct.
Are there any restrictions on the amount of the written correspondence among prisoners?No
If permitted, which way are the letters shipped within the same prison?A penitentiary institution delivers or mails letters within three working days from the day of receipt of a letter. Inmates themselves are paying for post services. Seeking to prevent misunderstandings, when an inmate wants to send a letter to an inmate in the same institution it is nevertheless mailed via post.
Is there a legally prescribed procedure or every prison has its own procedure?This is a legally prescribed procedure.
What do you consider as major problems regarding to the written correspondence of prisoners?We anticipate that inmates may arrange and organize illicit actions by means of correspondence as well as arrange execution of inmates in other penitentiary institutions.
Special Remarks or CommentsThis content is only available to registered members of EuroPris.
Yes, The Prisons and Young Offenders Institutions (Scotland) Rules 2011
Are there any cases where such correspondence is strictly not allowed?See response to Q6
Do you (and how) control the content of these letters?See response to Q6
Are there any restrictions on the amount of the written correspondence among prisoners?See response to Q6
If permitted, which way are the letters shipped within the same prison?See response to Q6
What do you consider as major problems regarding to the written correspondence of prisoners?See response to Q6
Special Remarks or CommentsYes. It is written by The Enforcement of Penal Sentence Act. A prisoner must be provided with an opportunity for unlimited exchange of letters with immediate family members. A prisoner may exchange letters with others (including other prisoners in other institutions) if this is in keeping with his treatment programme. The decision shall be made by the governor, at the prisoner's request. A prisoner shall receive and send letters through the prison in sealed envelopes. Prisoners must be guaranteed privacy of letters and of other means of communication.
Are there any cases where such correspondence is strictly not allowed?Correspondences is not allowed in situations where safety is at risk.
Do you (and how) control the content of these letters?Letters may only be monitored in the event that there is reasonable suspicion that objects are being brought in which a prisoner is not permitted to have in his possession. Monitoring shall be carried out by authorised prison official opening the letter in the presence of a prisoner. Prison official shall not be allowed to read the contents of the letter. The monitoring of letters from the preceding paragraph shall be ordered by the prison governor.
Are there any restrictions on the amount of the written correspondence among prisoners?No
If permitted, which way are the letters shipped within the same prison?We do not have such cases or practices. Within the same prison, communication between prisoners legally runs some other ways.( mainly through direct contact)
Is there a legally prescribed procedure or every prison has its own procedure?Yes, there is a legally prescribed procedure.
What do you consider as major problems regarding to the written correspondence of prisoners?Nothing special, we recorded rare cases of correspondence between prisoners.
Special Remarks or CommentsThis content is only available to registered members of EuroPris.
The Swedish Act on imprisonment makes no difference between correspondence to or from a prisoner. As long as there is a prisoner involved, handling are the same. Mail to or from a prisoner in a prison may be examined if this is necessary having regard to good order or security. The purpose of the examination shall be to examine whether the item of correspondence (1) contains any prohibited article, or (2) is part of an ongoing or planned criminal activity, a planned escape or some similar endeavour. Swedish prisons are often divided into smaller departments. Many inmates from different parts of a prison do not share the same facilities for work, education, training, eating or programs at the same time. The differentiation of the prisoners is a deliberate way to maintain good order and security. Between two different groups of inmates, the facilities may be subject to a control to the extent necessary to maintain good order or security. With reference to that, it is only natural that mail between inmates undergoes the same control as if it was sent from outside the prison itself.
Are there any cases where such correspondence is strictly not allowed?Owing to incidents of misbehavior, a prisoner may be held temporarily separate from other prisoners to the extent that is absolutely necessary to avoid jeopardising the purpose of the investigation and/or to maintain security and good order. During an investigation, the prisoner may not be held separate for longer than four days. A prisoner who is being held separate from other prisoners may be refused contact with other persons through visits, electronic communication or mail if this is absolutely necessary to avoid jeopardising the purpose of the investigation. This is the most common reasons for withholding the letters. However, the Government may decide in relation to a particular prisoner on exceptions to the provisions if this is necessary having regard to national security or the risk that the prisoner will assist in the commission of a terrorist offence in accordance with the provisions of Section 2 of the Act on the Punishment of Terrorist Offences (2003:148).
Do you (and how) control the content of these letters?Mail to or from a prisoner in a prison may be examined: Through fluoroscopy, still unopened. Opened but not read. Opened and read. A control or coercive measure may only be used if it is reasonably proportionate to the objective of the measure. If a less intrusive measure is sufficient it shall be used. Examinations with lack of legal support are a serious crime against the Constitution. Beyond this, the facility where the examination of mail is usually is performed is often frequented by a drug dog, of course dependent of the prisons class of security.
Are there any restrictions on the amount of the written correspondence among prisoners?No, no restrictions.
If permitted, which way are the letters shipped within the same prison?These letters are, as every letter, being taken to the facilities where the examination of mail usually is performed.
Is there a legally prescribed procedure or every prison has its own procedure?In general the procedure is legally prescribed but every prison must have own detailed instructions regarding control of mail.
What do you consider as major problems regarding to the written correspondence of prisoners?The correspondence between prisoners in the same prison is not widely-spread. And due to the general good control of what comes into the prisons facilities, it´s not a major problem at all. The major problem, regarding mail, is that it still is one of the few ways into the prisons for prohibited articles. Some of the new internet-drugs are hard to detect, even for the dogs. Mail from the outside is the major problem, not the inside correspondence.
Special Remarks or Comments