Written question asked by Neil Gerrard (Labour) on Wednesday, 11 November 1998, in the House of Commons. It was due for an answer on Wednesday, 18 November 1998. It was answered by George Howarth (Labour) on Wednesday, 18 November 1998 on behalf of the Home Office.

Home Office

Question: To ask the Secretary of State for the Home Department, for what reason category A prisoners in Belmarsh prison are required to leave defence papers in their cell during a search. - Includes ref to Section 17.73 of the Prison Service Security Manual (in Library).

Answer: Mr. Gerrard: To ask the Secretary of State for the Home Department for what reason category A prisoners in Belmarsh prison are required to leave defence papers in their cell during a search. [60014] Mr. George Howarth: Section 17.73 of the Prison Service Security Manual, a copy of which is in the Library, stipulates that, during a cell search, staff must examine legal correspondence thoroughly, in the absence of the prisoner, so far as is necessary to ensure that it is bona fide correspondence between the prisoner and a legal adviser and does not conceal anything else. This applies to all prisoners in all closed prisons. When searching cells, it is essential that prison officers search all items in the prisoner's possession. If legal documents are not searched there is a risk of other documents and small items, such as blades or drugs, being concealed. This policy has been tested in the Court of Appeal and I am satisfied that it is within the law.

Secondary information

Type: Written question
Reference: 60014; 319 c605W
Session: 1997-98
Subjects: Legal profession Documents Prisoners Prisons Security Right of search HMP Belmarsh Prison accommodation