Several of the Rules in the Prison (Jersey) Rules 2007, require 'directions' to define practices, procedures or entitlements.

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A decision made (23/10/2008) regarding: Several of the Rules in the Prison (Jersey) Rules 2007, require 'directions' to define practices, procedures or entitlements.

Decision Reference: MD-HA-2008-0074
Decision Summary Title :	Introduction of direction related to Rule 45(7) of the Prison (Jersey) Rules 2007		Date of Decision Summary:	16 September 2008
Decision Summary Author:	Bill Millar Prison Governor		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title :			Date of Written Report:	16 September 2008
Written Report Author:	Bill Millar Prison Governor		Written Report : Public or Exempt?	Public
Subject: Several of the Rules in the Prison (Jersey) Rules 2007, require ‘directions’ to define practices, procedures or entitlements.
Decision(s): The Minister approved the introduction of the direction as required in Prison Rule 45(7) .
Reason(s) for Decision: The Minister for Home Affairs made the direction in exercise of the powers conferred by Rule 45(7) of the Prison (Jersey) Rules 2007. The Minister for Home Affairs wishes the direction to be reported to the States for information.
Resource Implications: There are no resource implications to the Home Affairs Department resulting from this decision.
Action required: The Executive Officer, Home Affairs, to liaise with the Greffier of the States to present the direction as a Report to the States, and to inform the Prison Governor of the decision.
Signature:		Position: Minister for Home Affairs
Date Signed:		Date of Decision (If different from Date Signed):

Several of the Rules in the Prison (Jersey) Rules 2007, require 'directions' to define practices, procedures or entitlements.

Direction

The Prison (Jersey) Rules 2007, Rule 45(7)

The Prison (Prisoner’s Use of Telephone)(Jersey) Direction 2008

The Minister for Home Affairs makes the following Direction in exercise of the powers conferred by Rule 45(7) of the Prison (Jersey) Rules 2007 (hereinafter referred to as “the Rules”).

1. Title

This Direction may be cited as the Prison (Prisoner’s Use of Telephone)(Jersey) Direction 2008.

2. Use of prisoner telephone

Subject to the following provisions of this Direction, every prisoner may have the use of a prisoner telephone.

3. Availability of telephones for use by prisoners

(a) Where a prisoner telephone is provided for the use of a prisoner -

(i) it must be made available each day during such periods as shall be specified by the Governor; and

(ii) within those periods, a prisoner is permitted to use that telephone only for so long as is appropriate having regard to the requirements of other prisoners to use it and also the constraints imposed by the general prison regime.

(b) The Governor must display beside each prisoner telephone a notice to prisoners in the terms set out in the Schedule to this Direction.

(d) Where sub-paragraph (5) applies, the Governor may, at the request of a prisoner, authorise the use of:

(i) a prisoner telephone at any time outside the relevant periods specified in any Direction as mentioned in subparagraph (1)(a); or

(ii) any other telephone.

(e) This sub-paragraph applies where the Governor is satisfied that -

(i) the prisoner requires urgently to telephone a legal adviser; or

(ii) there are compassionate grounds.

4. Circumstances where the use of a prisoner telephone may be withdrawn

(a) The Governor shall withdraw a prisoner's entitlement to use a telephone where -

(i) in the case of an untried prisoner, the Governor receives a written request from the Attorney General that the prisoner be excluded from using a telephone; or

(ii) the Governor is of the opinion that the prisoner has breached any of the conditions specified in paragraphs 5 or 6 or has reasonable grounds to suspect that the prisoner has breached, or is likely to breach, any such conditions.

(b) The Governor may withdraw from all prisoners, or any group or category of prisoners, the entitlement to use a prisoner telephone -

(i) where that is necessary during the investigation of a complaint made by any person who has received a telephone call from a prisoner;

(ii) where there have been repeated breaches by prisoners of any of the conditions specified in paragraphs 5 or 6;

(iii) where exceptional circumstances apply in the prison or any part of it;

(iv) where that is necessary to protect the security or good order of the safety of persons in it; or

(v) where that is necessary to enable maintenance or repair work (whether or not involving prisoner telephones) to be carried out.

5. Conditions of use of a prisoner telephone

. (a) The use of a prisoner telephone is subject to the conditions set out in this paragraph and paragraph 6.

(b) A prisoner may only make a call to -

(i) a personal number, legal adviser or court identified in the list submitted by the prisoner in accordance with paragraph 6;

(ii) the Samaritans; or

(iii) such other person or body as may be specified by the Governor.

(i) can make outgoing calls only; and

(ii) cannot make a call to-

(1) a telephone number beginning with "1";

(2) the telephone number "999"; or

(3) any other telephone number specified by the Governor.

(d) A prisoner is prohibited from using a prisoner telephone to make a telephone call -

(i) without the prior approval of the Governor, to a telephone number beginning with ''08'';

(ii) to any person who has indicated in writing that they do not wish to receive telephone calls from that or any other prisoner;

(iii) to any person, authority or organisation to whom a prisoner is prohibited from sending any letters or packages as specified in any direction under rule 60 of the Rules;

(iv) which, in the opinion of the Governor, involves the use of words or behaviour which is threatening, abusive or insulting or forms part of a criminal activity or attempted criminal activity; or

(v) without the prior approval of the Governor, to any telephone number which is not the same telephone number as the intended call recipient (for example, a telephone number which provides a routing service to a different telephone number).

(e) A prisoner must not tamper with or damage any prisoner telephone.

(f) Any breach of the conditions set out in this paragraph and paragraph 6 may -

(i) result in termination of the call; and

(ii) give rise to disciplinary action under the Rules.

6. List of calls to be made from a prisoner telephone

(a) As soon as practicable after reception, a prisoner must submit a list to the Governor with details of all legal advisers, courts and personal numbers which the prisoner may call from a prisoner telephone.

(b) The list may not contain more than 20 telephone numbers unless the Governor considers that a greater number is justified having regard to the prisoner's circumstances.

(c) The Governor may on reasonable grounds refuse to allow the inclusion in the list of any telephone number requested by the prisoner.

(d) In respect of any telephone number included in the list, the Governor may require the prisoner to demonstrate that they have the consent of the relevant telephone number holder to call that number.

(e) The Governor may, as soon as practicable following a request from the prisoner, allow the list to be changed.

(f) Where, following a request for a change by a prisoner or a written request by the holder of a telephone number for the removal of a number, a telephone number is to be removed from the list, the Governor must as soon as practicable make arrangements for its removal.

(g) Subject to paragraph 7(9) and unless the prisoner agrees otherwise, telephone numbers must be destroyed as soon as practicable after a prisoner has been released.

7. Logging, monitoring and recording of calls made from a prisoner telephone

(a) The Governor must make arrangements for the logging, monitoring and recording of calls from a prisoner telephone.

(b) The following information will be logged in respect of all calls made from a prisoner telephone -

(i) the telephone numbers dialled in each period of 24 hours;

(ii) the duration and cost of each call made;

(iii) the prisoner's identification number; and

(iv) the call recorded indicator.

(i) advises the recipient that the call is coming from a prison; and

(ii) advises parties to the call that the call will be logged and recorded and monitored.

(d) Any exempted call made from a prisoner telephone must be preceded by a recorded message which -

(i) advises the recipient that the call is coming from a prison; and

(ii) advises parties to the call that the call will be logged but will not be recorded or monitored.

(e) All calls made from a prisoner telephone, other than exempted calls will be recorded and may be monitored by an officer.

(f) When a call is monitored the officer should make a record of the following information -

(i) the prisoner telephone from which the call was made;

(ii) the time and date of the monitoring;

(iii) the prisoner's identification number;

(iv) details of any recording stored in accordance with subparagraph (7);

(v) the reasons for the monitoring.

(g) Where a recording is to be stored on a portable recording medium for potential use for evidential purposes, an officer must -

(i) identify the relevant recording medium;

(ii) place the stored recording in a sealed envelope in the presence of another officer

(iii) sign the envelope, and arrange for the officer mentioned in (b) to sign it; and

(iv) store the envelope in a secure place.

(h) Where a recording has been stored in accordance with subparagraph (7), the recording may only be monitored with the authorisation of the Governor.

(i) Any information which is logged in terms of subparagraph (2) must only be retained for a period of 3 years from the date of logging.

(j) Subject to subparagraph (11), any information which is recorded must be destroyed within 12 months of the date of the recording.

(k) The Governor may authorise storage for a longer period than that specified in subparagraph (10), but must review the continued necessity to retain the recording at least once every six months.

(l) If the Governor considers, on the basis of the content of a telephone call made by a prisoner, that the prisoner may be involved in a criminal activity, the Governor shall as soon as practicable-

(i) notify the police; and

(ii) make available to the police a copy of any recording made of the call.

(m) In using a prisoner telephone, a prisoner is deemed for the purposes of the Regulation of Investigatory Powers (Jersey) Law 2005 to have consented to the logging, monitoring and recording of any call made from that telephone in accordance with this paragraph.

8. Prisoner telephone credits

(a) A prisoner may purchase telephone credits to enable any calls to be made using a prisoner telephone.

(b) The cost of telephone credits shall be as determined by the Governor.

SENATOR WENDY KINNARD

Minister for Home Affairs October 2008

SCHEDULE

NOTICE TO PRISONERS

USE OF PRISONER TELEPHONES

Conditions of use of Prisoner Telephones

The use of prisoner telephones in this prison is subject to the conditions specified in the Direction made by the Minister for Home Affairs under rule 45(7) of the Prison (Jersey) Rules 2007.

All telephone calls from this prisoner telephone, other than exempted calls will be preceded by a recorded message which-

(a) advises the recipient of the call that it is coming from a prison and that the recipient should stay on the line to accept the call or hang up to reject the call; and

(b) advises parties to the call that it will be logged and recorded and may be monitored.

Telephone calls made from prisoner telephones will be logged auto automica1ly (i.e. details of the telephone number dialled, the date, time and duration of the call, the total cost of the call, the prisoner's identification number and the call recorded indicator).

With the exception of exempted calls, calls will also be recorded and may be monitored (i.e. listened to whilst they are being made or via the recording afterwards). You should not therefore use the prisoner telephone to discuss matters which you would wish to remain confidential.

If you use a prisoner telephone in this prison you will be deemed for the purposes of the Regulation of Investigatory Powers (Jersey) Law 2005 to have given your prior consent to the logging, monitoring and recording of any call made in accordance with the Direction.

Exempted calls

You should advise which telephone number(s) on the list which you have submitted under paragraph 6 of the Direction is/are that of your legal adviser(s), giving details of

the adviser(s) including name, firm and location. You should also advise if any number is that of a court.

All exempted calls will be preceded by a message which advises the recipient:

(a) that the call is coming from a prison; and

(b) that the call will be logged but will not be recorded or monitored.

Breach of discipline

Failure to comply with this Direction may result in termination of the call, withdrawal

of access to the prisoner telephone or disciplinary action under the Rules.

It is a breach of discipline to remove this notice or damage it in any way.