Article 8 Insertion of new Rules 74A and 74B into the principal Rules

After Rule 74 of the principal Rules there shall be inserted the following Rules:–

“74A

(1)

This Rule applies to letters and postal packets which a prisoner sends to, or receives from, any court.

(2)

Any letter or postal packet to which this Rule applies shall not–

(a)

except where paragraph (3) applies, be opened; or

(b)

be read,

by the Governor or an officer.

(3)

Any letter or postal packet which a prisoner sends to a court shall not be opened except where–

(a)

the Governor or an officer has cause to believe that it contains a prohibited article; and

(b)

the prisoner concerned is present.

(4)

Where a letter or postal packet to which this Rule applies is found to contain any prohibited article the Governor may confiscate that article.

(5)

For the purposes of this Rule, “court” includes the European Court of Justice, the European Court of Human Rights and the European Commission of Human Rights.

74B

(1)

This Rule applies only to letters and postal packets which a prisoner sends to, or receives from, his legal adviser.

(2)

Any letter or postal packet to which this Rule applies shall not–

(a)

except where paragraph (3) applies, be opened; or

(b)

except where paragraph (4) applies, be read,

by the Governor or an officer.

(2)

Any letter or postal packe t to which this Rule applies shall not be opened except where–

(a)

the Governor or an officer has cause to believe that it contains a prohibited article; and

(b)

the prisoner concerned is present.

(4)

A letter to which this Rule applies shall not be read by the Governor or an officer except in exceptional circumstances where the Governor has reasonable cause to believe that the contents of the letter endanger the security of the prison or the safety of any person, or relate to a criminal activity.

(5)

Where the Governor is of the opinion that any letter to which this Rule applies may be read in terms of paragraph (4)–

(a)

the prisoner shall be informed that the letter shall be read; and

(b)

the letter shall be read by the Governor or an officer specially authorised by him for that purpose.

(6)

Where a letter or postal packet to which this Rule applies is found to contain any prohibited article the Governor may confiscate that article.”.