[F1Delivery and receipt of legally privileged material]E+W
17.—[F2(1) An inmate may deliver to, or receive from, the inmate’s legal adviser and any court, either by post or during a legal visit under rule 16, any legally privileged material and such material may only be opened, read or stopped by the governor in accordance with the provisions of this rule.]
(2) [F3Material] to which this rule applies may be opened if the governor has reasonable cause to believe that it contains an illicit enclosure and any such enclosure shall be dealt with in accordance with the other provisions of these Rules.
(3) [F4Material] to which this rule applies may be opened, read and stopped if the governor has reasonable cause to believe its contents endanger prison or young offender institution security or the safety of others or are otherwise of a criminal nature.
(4) An inmate shall be given the opportunity to be present when any [F5material] to which this rule applies is opened and shall be informed if it or any enclosure is to be read or stopped.
(5) An inmate shall on request be provided with any writing materials necessary for the purposes of paragraph (1).
(6) In this rule, “court" includes the European Court of Human Rights and the European Court of Justice; and “illicit enclosure" includes any article possession of which has not been authorised in accordance with the other provisions of these Rules and any [F6material] to or from a person other than the inmate concerned, his legal adviser or a court.
Textual Amendments
F1Rule 17 heading substituted (1.1.2010) by The Prison and Young Offender Institution (Amendment) Rules 2009 (S.I. 2009/3082), rule 1, Sch. 2 para. 7(a)
F2Rule 17(1) substituted (1.1.2010) by The Prison and Young Offender Institution (Amendment) Rules 2009 (S.I. 2009/3082), rule 1, Sch. 2 para. 7(b)
F3Word in rule 17(2) substituted (1.1.2010) by The Prison and Young Offender Institution (Amendment) Rules 2009 (S.I. 2009/3082), rule 1, Sch. 2 para. 7(c)
F4Word in rule 17(3) substituted (1.1.2010) by The Prison and Young Offender Institution (Amendment) Rules 2009 (S.I. 2009/3082), rule 1, Sch. 2 para. 7(c)
F5Word in rule 17(4) substituted (1.1.2010) by The Prison and Young Offender Institution (Amendment) Rules 2009 (S.I. 2009/3082), rule 1, Sch. 2 para. 7(c)
F6Word in rule 17(6) substituted (1.1.2010) by The Prison and Young Offender Institution (Amendment) Rules 2009 (S.I. 2009/3082), rule 1, Sch. 2 para. 7(c)