OpenLegislation

Article 17 Delivery and receipt of legally privileged materialF6

F1(1)

An inmate may deliver to, or receive from, the inmate’s legal adviser and any court, either by post or during a legal visit under rule 16, any legally privileged material and such material may only be opened, read or stopped by the governor in accordance with the provisions of this rule.

(2)

F2Material to which this rule applies may be opened if the governor has reasonable cause to believe that it contains an illicit enclosure and any such enclosure shall be dealt with in accordance with the other provisions of these Rules.

(3)

F3Material to which this rule applies may be opened, read and stopped if the governor has reasonable cause to believe its contents endanger prison or young offender institution security or the safety of others or are otherwise of a criminal nature.

(4)

An inmate shall be given the opportunity to be present when any F4material to which this rule applies is opened and shall be informed if it or any enclosure is to be read or stopped.

(5)

An inmate shall on request be provided with any writing materials necessary for the purposes of paragraph (1).

(6)

In this rule, “court" includes the European Court of Human Rights and the European Court of Justice; and “illicit enclosure" includes any article possession of which has not been authorised in accordance with the other provisions of these Rules and any F5material to or from a person other than the inmate concerned, his legal adviser or a court.

Annotations

Textual amendments

F1

Rule 17(1) substituted (1.1.2010) by The Prison and Young Offender Institution (Amendment) Rules 2009 (S.I. 2009/3082), rule 1, Sch. 2 para. 7(b)

F2

Word in rule 17(2) substituted (1.1.2010) by The Prison and Young Offender Institution (Amendment) Rules 2009 (S.I. 2009/3082), rule 1, Sch. 2 para. 7(c)

F3

Word in rule 17(3) substituted (1.1.2010) by The Prison and Young Offender Institution (Amendment) Rules 2009 (S.I. 2009/3082), rule 1, Sch. 2 para. 7(c)

F4

Word in rule 17(4) substituted (1.1.2010) by The Prison and Young Offender Institution (Amendment) Rules 2009 (S.I. 2009/3082), rule 1, Sch. 2 para. 7(c)

F5

Word in rule 17(6) substituted (1.1.2010) by The Prison and Young Offender Institution (Amendment) Rules 2009 (S.I. 2009/3082), rule 1, Sch. 2 para. 7(c)

F6

Rule 17 heading substituted (1.1.2010) by The Prison and Young Offender Institution (Amendment) Rules 2009 (S.I. 2009/3082), rule 1, Sch. 2 para. 7(a)