A4 Essay Example | Topics and Well Written Essays - 1000 words

A4 - Essay Example Staff may normally read legal correspondence only if the Governor suspects that their it could harm prison security, or the safety of others, or are otherwise of a criminal nature. In this case the prisoner involved shall be given the opportunity to be present and informed that their correspondence is to be read. Mr. Daly, a long term convict has objected to the checking of prisoners’ legal correspondence in their absence. He submits that section 47(1) of the Prison Act 1952, which empowers the Secretary of State to make rules for the regulation of prisons and for the discipline and control of prisoners, does not authorise the laying down and implementation of such a policy . â€Å"The requirement that a prisoner may not be present when his legally privileged correspondence is examined by prison officers,† is the clause to which he has objected strongly. He feels this is not only against the European Convention for the Protection of Human Rights and Fundamental Freedoms, but also a violation of common law for human rights. On 9 September 1994, six category A prisoners, (who were as classified as presenting an exceptional risk) escaped from the Special Security Unit at HMP Whitemoor. This happened because over a period of time, prisoners and staff had become familiar with each other and the security checks had become less vigilant. "inspite of the deprivation of his general liberty, a prisoner still has rights related to the nature and conduct of his imprisonment . . . and can take the option of courts unless some statute decrees otherwise." In its report the inquiry team made a number of recommendations. One of these was that cells and property should be searched at frequent but irregular intervals. Following a strip search, each prisoner was to be excluded from his cell during the search, to avoid intimidation. However,