134 Correspondence of patients.E+W
(1)A postal packet addressed to any person by a patient detained in a hospital under this Act and delivered by the patient for dispatch may be withheld from the Post Office—
(a)if that person has requested that communications addressed to him by the patient should be withheld; or
(b)subject to subsection (3) below, if the hospital is [F1one at which high security psychiatric services are provided]and the managers of the hospital consider that the postal packet is likely—
(i)to cause distress to the person to whom it is addressed or to any other person (not being a person on the staff of the hospital); or
(ii)to cause danger to any person;
and any request for the purposes of paragraph (a) above shall be made by a notice in writing given to the managers of the hospital, the registered medical practitioner in charge of the treatment of the patient or the Secretary of State.
(2)Subject to subsection (3) below, a postal packet addressed to a patient detained [F2under this Act in a hospital at which high security psychiatric services are provided] may be withheld from the patient if, in the opinion of the managers of the hospital, it is necessary to do so in the interests of the safety of the patient or for the protection of other persons.
(3)Subsections (1)(b) and (2) above do not apply to any postal packet addressed by a patient to, or sent to a patient by or on behalf of—
(a)any Minister of the Crown [F3or the Scottish Ministers] or Member of either House of Parliament [F3or member of the Scottish Parliament][F4or of the Northern Ireland Assembly];
(b)the Master or any other officer of the Court of Protection or any of the Lord Chancellor’s Visitors;
(c)the Parliamentary Commissioner for Administration, [F5the Welsh Administration Ombudsman]the Health Service Commissioner for England, the Health Service Commissioner for Wales or a Local Commissioner within the meaning of Part III of the M1Local Government Act 1974;
(d)a Mental Health Review Tribunal;
(e)a [F6Health Authority [F7, Special Health Authority or Primary Care Trust]], a local social services authority, a Community Health Council or a [F8probation committee (within the meaning of the Probation Service Act 1993);]
(f)the managers of the hospital in which the patient is detained;
(g)any legally qualified person instructed by the patient to act as his legal adviser; or
(h)the European Commission of Human Rights or the European Court of Human Rights.
(4)The managers of a hospital may inspect and open any postal packet for the purposes of determining—
(a)whether it is one to which subsection (1) or (2) applies, and
(b)in the case of a postal packet to which subsection (1) or (2) above applies, whether or not it should be withheld under that subsection;
and the power to withhold a postal packet under either of those subsections includes power to withhold anything contained in it.
(5)Where a postal packet or anything contained in it is withheld under subsection (1) or (2) above the managers of the hospital shall record that fact in writing.
(6)Where a postal packet or anything contained in it is withheld under subsection (1)(b) or (2) above the managers of the hospital shall within seven days give notice of that fact to the patient and, in the case of a packet withheld under subsection (2) above, to the person (if known) by whom the postal packet was sent; and any such notice shall be given in writing and shall contain a statement of the effect of section 121(7) and (8) above.
(7)The functions of the managers of a hospital under this section shall be discharged on their behalf by a person on the staff of the hospital appointed by them for that purpose and different persons may be appointed to discharge different functions.
(8)The Secretary of State may make regulations with respect to the exercise of the powers conferred by this section.
(9)In this section “hospital” has the same meaning as in Part II of this Act, “postal packet” has the same meaning as in the M2Post Office Act 1953 and the provisions of this section shall have effect notwithstanding anything in section 56 of that Act.
Textual Amendments
F1Words in s. 134(1)(b) substituted (1.4.2000) by 1999 c. 8, s. 65(1), Sch. 4 para. 68; S.I. 1999/2793, art. 2(3)(a), Sch. 3
F2Words in s. 134(2) substituted (1.4.2000) by 1999 c. 8, s. 65(1), Sch. 4 para. 68; S.I. 1999/2793, art. 2(3)(a), Sch. 3
F3Words in s. 134(3)(a) inserted (1.7.1999) by S.I. 1999/1820, art 4, Sch. 2 Pt. I, para. 71 (with art. 5); S.I. 1998/3178, art. 2
F4Words in s. 134(3)(a) inserted (2.12.1999) by 1998 c. 47, s. 99, Sch. 13, para. 5(2); S.I. 1999/3209, art. 2, Sch.
F5Words in 134(3)(c) inserted (1.4.1999) by 1998 c. 38, ss. 125, Sch. 12 para. 22 (with ss. 139(2), 143(2)); S.I. 1999/782, art. 2
F6Words in 134(3)(e) substituted (28.6.1995 for certain purposes, otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 5(1)(2), Sch. 1, Pt. III, para. 107(10) (with ss. 2(3), 8)
F7Words in s. 134(3)(e) substituted (8.2.2000) by S.I. 2000/90, art. 3(1), Sch. 1 para. 16(7) (with art. 2(5))
F8Words in s. 134(3)(e) substituted (5.2.1994) by 1993 c. 47, ss. 32(2), 33(2), Sch. 3 para. 7.
Modifications etc. (not altering text)
C1S. 134(3)(c) extended in part (1.7.1999) by S.I. 1999/1351, art. 17(2)(b) (with art. 18); S.I. 1998/3178, art. 2
Marginal Citations