delete The Prison (Amendment) (No. 2) Rules 2000
The Prison (Amendment) (No. 2) Rules 2000 amends the Prison Rules 1999 to add definitions for 'communication', 'intercepted material', and 'telecommunications system', substitute a new rule 34 governing prisoner communications with the outside world (requiring Secretary of State leave, with extensive grounds for restriction including national security, crime prevention, public safety, prison security, health, morals, reputation, judicial authority, and rights of others), insert new rules 35A-35D establishing a regime for intercepting and logging prisoner communications with disclosure and retention (3-month) limits, insert rule 50A permitting constant CCTV observation of prisoners in cells under certain conditions, and amend rule 73 to allow the Secretary of State to prohibit visits to prisons.
These rules create an extensive bureaucratic apparatus for surveilling and restricting prisoner communications with minimal judicial oversight. While prisons require discipline and security measures, these rules grant the Secretary of State broad discretion to intercept, log, retain, and disclose communications with only self-certified 'necessity' and 'proportionality' tests. The permanent logging of all communications (rule 35B) is a particularly onerous administrative burden that chilled attorney-client privilege and family contact. These rules appear to have been enacted partly to implement EU-related obligations and reflect the gold-plating tendency this review seeks to address. The cumulative effect is a surveillance infrastructure that extends well beyond what genuine prison security requires, creating opportunities for abuse and imposing compliance costs without commensurate benefit. The 3-month retention review mechanism provides inadequate protection given the discretionary nature of the regime.