38.—(1) [F2Where] the legal adviser of a prisoner in any legal proceedings, civil or criminal, to which the prisoner is a party [F2visits the prisoner, the legal adviser] shall be afforded reasonable facilities for interviewing him in connection with those proceedings, and may do so out of hearing but in the sight of an officer.
(2) [F3On such a visit,] a prisoner’s legal adviser may, subject to any directions given by the Secretary of State, interview the prisoner in connection with any other legal business out of hearing but in the sight of an officer.
Textual Amendments
F1Words in rule 38 heading inserted (1.1.2010) by The Prison and Young Offender Institution (Amendment) Rules 2009 (S.I. 2009/3082), rule 1, Sch. 1 para. 6(a)
F2Words in rule 38(1) inserted (1.1.2010) by The Prison and Young Offender Institution (Amendment) Rules 2009 (S.I. 2009/3082), rule 1, Sch. 1 para. 6(b)
F3Words in rule 38(2) inserted (1.1.2010) by The Prison and Young Offender Institution (Amendment) Rules 2009 (S.I. 2009/3082), rule 1, Sch. 1 para. 6(c)