Article 17 Communications generallyI1
United Kingdom
Subject to rules 18 and 19, a detainee serving a sentence of service detention shall not be permitted to communicate with any person outside the service custody premises in which he is confined, or such person with him, except with the permission of the commandant or as a privilege under rule 60.
Notwithstanding paragraph (1) and subject to rule 23, the commandant may impose any restriction or condition, either generally or in a particular case, upon the communications to be permitted between such a detainee and any other person, if—
he considers that the restriction or condition to be imposed does not interfere with the Convention rights of any person; or
he considers that reliance on a ground specified in paragraph (3) is compatible with the Convention right to be interfered with and that the restriction or condition—
is necessary on that ground; and
is proportionate to what is sought to be achieved.
The grounds referred to in paragraph (2) are—
in the interests of national security;
the prevention, detection, investigation or prosecution of crime;
the interests of public safety;
securing or maintaining security in service custody premises or good order and discipline in such premises;
the protection of health or morals;
maintaining the authority and impartiality of the judiciary;
the protection of the rights and freedoms of any person.
The commandant may give directions, either generally or in relation to any visit or class or visits, concerning the dates and times when detainees serving a sentence of service detention may be visited.
Every visit to a detainee serving a sentence of service detention shall be within the sight of a member of staff of the service custody premises and with the exception of visits by legal representatives under rule 22 every visit to such a detainee shall take place within the hearing of such a member of staff.
In this rule—
references to communications include references to communications during visits;
references to restrictions and conditions upon communications include references to restrictions and conditions in relation to the length, duration and frequency of communications.