The Prisons and Young Offenders Institutions (Scotland) Rules 1994

Opening and reading of correspondence from and to courts

49.—(1) This rule applies only to letters and packages which–

(a) are addressed to a court and which a prisoner gives to an officer for the purpose of posting to that court; or

(b) are sent to a prisoner at the prison by a court.

(2) A prisoner who wishes to send a letter or package to a court shall mark prominently on the outer face of the envelope or packaging the words “Legal Correspondence” as well as his own name.

(3) Any letter or package to which this rule applies shall not be opened by an officer except where paragraph (5) applies.

(4) The contents of any letter or package to which this rule applies shall not be read by an officer.

(5) Any letter or package which a prisoner wishes to send to a court may only be opened where–

(a) the officer has cause to believe that it contains a prohibited article;

(b) he has explained to the prisoner concerned why he has such cause; and

(c) the prisoner concerned is present.

(6) Where a letter or package to which this rule applies is found to contain any prohibited article the Governor shall seize and detain that article.

(7) For the purposes of this rule, “court” includes the European Court of Justice, the European Court of Human Rights, the European Commission of Human Rights and the Parole Board for Scotland.