The Prison (Amendment) (No. 2) Rules 2000

Explanatory Note

(This note is not part of the Rules)

These Rules amend the Prison Rules 1999.

Rule 4 substitutes a new rule for the existing rule 34. In substance it re-enacts the provisions of rule 34. However, it makes it clear that restrictions and conditions may only be placed on communications if they are not incompatible with the convention rights of any person (Rule 34(2)).

New rule 35A makes provision for the interception of prisoners' communications (rule 5). This rule and new rules 35C and 35D implement, in relation to telecommunications in prisons, article 5 of Council Directive 97/66/EC concerning the processing of personal data and the protection of privacy in the telecommunications sector(1).

The amendments also provide that a log of all communications by or to a prisoner may be kept (new rule 35B).

They also make provision for the disclosure of any intercepted material, information relating to the communications or material obtained by means of an overt closed circuit television system used during a visit (new rule 35C).

New rule 35D provides for the retention of intercepted material and material obtained by means of an overt closed circuit television system used during a visit.

New rule 50A provides that a governor may place a prisoner under constant supervision by means of an overt closed circuit television system if he considers it is necessary on specified grounds and is proportionate to that end (rule 6).

Amendments are made to rule 73 (the power to prohibit a person visiting a prisoner or prison) to clarify the grounds on which prohibitions may be imposed (rule 7).

(1)

OJ No. L 024, 30.01.98, p.1.