Article 23 Interception of communicationsI1
United Kingdom
The Secretary of State may give directions to any commandant concerning the interception in service custody premises of any communication by any detainee or category of detainees if the Secretary of State considers that the directions are—
necessary on grounds specified in paragraph (4) below; and
proportionate to what is sought to be achieved.
Subject to any directions given by the Secretary of State, the commandant may make arrangements for any communication by a detainee or category of detainees to be intercepted in service custody premises by a member of staff authorised by the commandant for the purposes of this rule if he considers that the arrangements are—
necessary on grounds specified in paragraph (4) below; and
proportionate to what is sought to be achieved.
Any communication by a detainee may, during the course of its transmission in a service custody premises, be terminated by a member of staff authorised by the commandant if he considers that to terminate the communication is—
necessary on grounds specified in paragraph (4) below; and
proportionate to what is sought to be achieved by the termination.
The grounds referred to in paragraphs (1)(a), (2)(a) and (3)(a) above are—
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; or
the protection of the rights and freedoms of any person.
For the purposes of this rule “interception” in relation to any written or drawn communication includes opening, reading, examining and copying the communication.