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ACCESS TO JUSTICE FOR PRISONERS Criminal Bar Association

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ACCESS TO JUSTICE FOR PRISONERS Criminal Bar Association Powered By Docstoc
					Draft V0.3 09 November 2006




ACCESS TO JUSTICE FOR PRISONERS CHARGED WITH TERRORIST
RELATED OFFENCES

CONTENTS
1.      INTRODUCTION

2.      REQUESTING AN ACCESS TO JUSTICE LAPTOP

        2.1      Applying for use of a laptop
        2.6      Receving digital media (CD/DVDs) from legal representatives
        2.11     loading digital media (CD/DVDs) onto a laptop
        2.15     Viewing digital media under supervision
        2.16     Searching of IT
        2.22     The Access to Justice Laptop
        2.25     Purging of laptops prior to transfer

3.      ROLE OF ACCESS TO JUSTICE COORDINATOR

4.      SPECIFICATIONS FOR LAPTOPS ISSUED TO PRISONERS

5.      CRITERIA FOR PRISONERS TO USE AN ACCESS TO JUSTICE LAPTOP FOR
        LEGAL WORK

6.      VIEWING OF INAPPROPRIATE AND PRIVILIGED MATERIAL BY PRISONERS

7.      PROCEDURE FOR THE DELIVERY AND RECEIPT OF LEGAL DOCUMENTS IN
        ELECTRONIC FORMAT

        7.1      Introduction
        7.4      Handing in paper legal documents
        7.8      Handing out paper legal documents
        7.9      Unforseen need to hand over legal documents
        7.11     Legal representatives handing in legal documents
        7.14     Prisoners handing out electronic documents
        7.19     Legal visits at Court to prisoners escorted by HM Prison Service
        7.23     Legal visits at Court to prisoners escorted by an escort contractor
        7.27     IT evidence received via the post

8.      EXAMPLES OF ACTION THAT COULD BE TAKEN AGAINST PRISONERS FOR
        BREACHING THE ACCESS TO JUSTICE COMPACT OR FOR MISUSE OF THE IT
        EQUIPMENT PROVIDED

Annex A - Application for Access to Justice computer in possession

Annex B - Response to prisoner application for computers in Possession

Annex C - Compact for the Use of IT Equipment

Annex D - Security Checks/Inventory

Annex E – Examples of what HM Prison Service regard as inappropriate material




Editor’s Note: Additional sections required on:




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       Copy of CPS/HMPS protocol for passing of certified copy of
        digital material in terrorist cases only
       Copy of Law Society/HMPS protocol for defence representatives
       Details of Rule 39 changes on the handling of evidence in digital
        format
       Outcome of Jalil JR




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1.      INTRODUCTION

1.1     This Prison Service Order informs establishments of the Procedures to be followed
        when considering applications from prisoners for use of an Access to Justice laptop in
        connection with their legal work only. Access to Justice laptops are not to be used in
        any circumstances for non-legal work

1.2     This Prison Service Order introduces a new protocol agreed between the Crown
        Prosecution Service (CPS) and HP Prison Service that provides establishments, in
        cases involving remand prisoners charged with terrorist offences, with a certified copy
        of any digital material that was to be relied upon by the Crown in proving the case
        against the defendant. This would enable the prison establishment to:

            have confidence that the material to be passed to the defendant was solely the
             material to be relied on at trial; and
            enable the prison authorities to provide the prisoner with appropriate devices,
             suitably secured, to review the material, and be in a position to instruct his or her
             legal representatives.

1.3     Additionally a similar protocol has been agreed with the Law Society and HM Prison
        Service setting out a similar process of assurance for defence representatives.




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2.      REQUESTING AN ACCESS TO JUSTICE LAPTOP

Applying for use of a laptop

2.1     All prisoners requesting Access to Justice laptop must submit their request on
        Application for Access to Justice laptop in possession form (Annex A). A Wing or Unit
        Manager must then complete each section. The application will then be considered
        following the criteria set out in PSI 5/2002 and PSI 20/2005. The prisoner must
        receive a written response to the application informing them of the decision (Annex
        B).

2.2     The level of access to the computer will be decided as a part of the assessment
        process taking into account the individual needs of the prisoner (i.e. sole or shared
        use). The only exception will be when a Judge has made a ruling granting a prisoner
        specific access rights to a laptop (e.g. sole use). In all cases such rulings will be
        complied with.

2.3     The Access to Justice Coordinator or their nominated deputy will ensure that
        computers are used only for the purpose issued, that only licensed copies of software
        are being used and that other files on the computer do not contain inappropriate or
        illegal material. Annex D provides advice on the checks to be carried out.

2.4     Access to Justice laptops issued to prisoners must be recorded on the prisoners
        property card and endorsed “not to go on transfer with prisoner” by the Access to
        Justice Coordinator.

2.5     The prisoner may store information on the designated part of the hard drive of the
        computer as specified by the establishment. Prisoners that have an Access to Justice
        Laptop for sole use are not permitted to hold in possession any CD ROMs or DVDs
        that contain any electronic media. When the laptop is no longer needed by a prisoner
        and is returned to the establishment’s possession the hardrive must be purged by the
        Access to Justice Coordinator in the presence of the prisoner.

Receiving digital media (CD/DVDs) from legal representatives

2.6     Digital media handed in by the CPS and defence representatives will be treated in an
        identical manner by prison staff

2.7     The Access to Justice Coordinator will maintain an inventory of the number CD-
        ROMs/DVD’s sent into the prisoner by his legal team. A copy of this will be kept in the
        prisoner’s Wing File and with the Access to Justice Coordinator. A copy will also be
        held with the prisoner’s media. All disks will be labelled Rule 39.

2.8     Disks required for legal use can be posted in under Prison Rule 39 by legal
        representatives. Alternatively legal visitors may wish to hand in disks during the
        course of a legal visit. A post box must be provided for this purpose in the main legal
        visits area.

2.9     Disks must be placed in the bag provided by the establishment with the following
        information completed on the front of the bag by the legal representative:

            prisoners name;
            prisoner’s prison number;
            name of the legal representative depositing the item and the name of the
             company to which he/she belongs; and
            number and description of items being handed in (e.g. 10 DVDs)




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2.10    The Access to Justice Coordinator will empty the post box each day that legal visits
        take place and arrange to download the data to the laptop issued to the prisoner. (see
        Chapter 6).

Loading digital media (CD/DVDs) onto a laptop

2.11    The Access to Justice Coordinator will scan and check all disks for viruses, illicit or
        hidden files and inappropriate material in the presence of the prisoner. If this exercise
        is interrupted and cannot be completed the laptop and discs must be bagged and
        sealed in the prisoner’s presence. The scanning of discs onto the laptop will only be
        completed in the presence of the prisoner or his legal representative. All legal disks
        should be finalised so no additional files or changes can be made to it. The files will
        then be downloaded to the hard drive to allow the prisoner access to the material.
        The disks will then be added to the inventory and stored and sealed in the usual way.

2.12    If a prisoner wishes to hand out disks to legal representatives on a legal visit or by
        post the prisoner must submit an application to the Access to Justice Coordinator in
        advance (at least 2 days before the legal visit). The files will then be copied to a CD/
        DVD disk and sealed in the presence of the prisoner and given back to him to hand
        out unopened via the visits staff during the visit.

2.13    All CD ROM’s and DVD’s will be stored securely in a designated area set aside to
        allow prisoners to work on their computer whilst having access to their electronic
        media.

2.14    All prisoners’ media will be held in a sealed tamper evident container, which will only
        be opened in the presence of the prisoner. A copy of the inventory will be held in this
        container alongside the disks.

Viewing digital media under supervision

2.15    Any material sent into the prison that is deemed inappropriate to have in possession,
        but which forms part of the prisoners defence, will be sealed and stored securely. An
        Operational Manager will determine if material is deemed to be inappropriate. The
        prisoner will then be able to make an application to view this material in a controlled
        environment and under the supervision of establishment staff.

2.16    Prisoners wishing to access such electronic media will, on application, be taken to the
        Access to Justice Suite where they will be permitted to work on their computer with
        supervised access.

Searching of IT

2.17    When staff undertake a cell search, they must ensure that the tamper seals are intact
        on the laptop. The prisoner will be asked to switch on the laptop and open the CD
        DVD Rom drive to enable staff to check for any hidden items. These checks must be
        carried out in the presence of the prisoner. The laptop should then be sealed in a
        property bag whilst the remainder of the cell search is completed. The prisoner will be
        informed when the search is completed so that they remove the laptop from the
        property bag at their leisure. The Access to Justice Coordinator or their nominated
        deputy will carry out other necessary checks.

2.18    If there is evidence to suggest the computer has been tampered with the searching
        staff will seal the computer in its case and then place it in a sealed property bag. The
        bag containing the computer must be passed to the Access to Justice Coordinator for
        further inspection.

2.19    The Access to Justice Coordinator will perform security checks ensuring that the
        seals, hard drive, access to the laptop and the media are correct and have no




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        inappropriate material on them. This security check will be performed at least once
        every three months unless the establishment has reason to carry out a search.

2.20    If inappropriate material is found on the hard drive, all legal material must be
        downloaded to disk and will be sealed and stored securely. All other material
        (including any remaining legal material) will then be deleted from the hardrive in the
        presence of the prisoner. The computer will then be confiscated placed in a sealed
        property bag and the prisoner placed on Report.

2.21    Under no circumstance can files saved by the prisoner on disk or hard be encrypted;
        password protected or hidden from view. If a prisoner fails to comply with this
        instruction he will:

            be given a written warning, which will be kept on record; and
            advised that any further breach of this instruction could result in confiscation of
             the laptop.

The Access to Justice Compact

2.22    The Access to Justice Coordinator must ensure that each prisoner given access to IT
        signs a compact that includes the following:

            a note recording the precise reason for issuing the laptop;
            a note detailing the location(s) where the laptop will be made available; and
            a note of the period for which provision is given.

2.23    The prisoner must sign the compact or she/he will automatically forfeit their
        application to have access to a laptop. She/he will agree that they will:

            only use the laptop for the stated legal work;
            ensure that all disks are listed on the inventory which is kept for this purpose, and
             that those received subsequently are added to the register;
            not damage or destroy the IT and other equipment provided, and will bring any
             operating difficulties to the attention of the Access to Justice Coordinator;
            comply with the rules surrounding prisoner communication, and will not
             circumvent the procedures;
            saved files on the hard drive will in any circumstance not be encrypted, password
             protected or hidden from view;
            only print documents as instructed and described in the compact (for which there
             may be a charge);
            not access any areas of the computer containing the Operating System or system
             files;
            not store any files within any area of the laptop other than the D: drive which is
             the designated storage section;
            Will not install or try to install any applications onto the laptop; and
            has been advised of health and safety issues relevant to the use of IT

2.24    The Access to Justice Coordinator will sign the compact on behalf of the prison.

Purging of Laptops prior to transfer


2.25    Before transfer the legal information of a prisoners laptop will either be deleted if a
        copy currently exists on disc with all other material copied onto disc. These activities
        must be carried out in the presence of the prisoner.

2.26    If the prisoner confirms that there is information that has been left on the hardrive and
        the Access to Justice Coordinator is not available to purge the computer in the
        prisoners’ presence prior to transfer, then the computer will be bagged and sealed



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        with an evidence log in the prisoners’ presence. The computer will remain at the
        prison and arrangements will be made to purge the computer in the presence of legal
        representatives on legal visits.




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3.      Role of the Access to Justice Co-coordinator

3.1     In all cases the Access to Justice Co-ordinator will be a public sector or private sector
        prison service employee.

3.2     The Access to Justice Coordinator will ensure that computers are used only for the
        purpose issued, that only licensed copies of software are being used and that other
        files on the computer, storage drives and any media supplied by legal
        representatives/CPS do not contain inappropriate, illegal material or viruses.

3.3     All disks received by the establishment and clearly marked Rule 39 must be treated
        as Rule 39 correspondence.

3.4     The Access to Justice Coordinator must maintain an inventory of the number of CD-
        ROMs/DVD’s for each individual prisoner who has authorised access to a laptop. A
        copy of this will be kept in a prisoner’s Wing File and with the Access to Justice
        Coordinator. All disks will be labelled Rule 39.

3.5     The laptop will be fitted with anti-virus software. Where a virus is detected, the
        Access to Justice Coordinator must send a completed IT Security Incident Report to
        the IT Security Team at Park House.

3.6     All correspondence between the prisoner and legal advisors and/or the court must be
        stored on a separate disk to all other disks or files, which may contain, for example,
        information disclosed by the CPS.

3.7     All laptops will have an administrators account for use by the Access to Justice Co-
        ordinator and be etched with an individual serial number.

3.8     The Access to Justice Coordinator must co-ordinate all relevant documentation and
        keeps accurate records for reference.

3.9     Printing of documents will be conducted in the presence of the Access to Justice
        Coordinator who will respect the privileged status of the documents.

3.10    Under no circumstances will a scanner or printer will be provided as an in possession
        item for an individual prisoner.




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4.      SPECIFICATIONS FOR LAPTOPS ISSUED TO PRISONERS

4.1.1   If access to a laptop is granted the prisoner must be informed that the laptop will
        include Microsoft Word and Excel. A PDF reader, audio facility, DVD player, Windows
        Media Player. Under no circumstances will additional facilities be provided.

4.2     In all cases the Access to Justice Coordinator will use tamper evident seals on
        laptops to prevent or identify the use of the hardware for hiding contraband.

4.3     In all cases the laptops must not be equipped with a modem, wireless technology or
        software to allow access to a computer outside the prison or vice versa.
.
4.4     USB and other access ports must be disabled and an epoxy resin seal placed in the
        port or the ports must be encased in a sealed metal shroud to prevent prisoner
        access to USB and all other ports.

4.5     Laptops in prisoner possession will be subject to the checks outlined in Chapter 7




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5.      CRITERIA FOR PRISONERS TO USE AN ACCESS TO JUSTICE LAPTOP

5.1     An Access to Justice laptop may only be used in connection with a prisoner’s legal
        work.

5.2     Any prisoner can requests access to a laptop for legal work. Their application (Annex
        A) must demonstrate a real need for this facility (e.g. refusing the request would raise
        a real risk of prejudicing the legal proceedings). If approved a laptop will be provided
        for a stated period.

5.3     It must not be presumed that all requests for IT to assist with legal work must be
        granted. In each individual case a prisoner will need to show that such facilities are
        necessary for the preparation of their legal case. Factors that may lead to the
        provision of IT are:

            If a prisoner is conducting a personal defence;
            where the prisoner is represented but has documents on disk(s) that would make
             it unreasonable to disallow correspondence with their representative by disk;
            if the defence is complex or requires the manipulation of data that could not
             easily be done without the use of the IT provided; and
            if a prisoner has a particular disability, or there are other relevant health factors.

5.4     An application may be considered frivolous if:

           the prisoner wishes to type a letter rather than to write it by hand.
           IT is required as a spelling aid; or
           the prisoner does not have the skills to use the IT provided.

5.5     When a laptop is no longer required by the prisoner it must be returned to the Access
        to Justice Coordinator for purging and virus checks, these checks will be completed in
        the presence of the prisoner or his legal representative in all cases




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6.      VEWING OF INAPPROPRIATE AND PRIVILIGED MATERIAL BY PRISONERS

6.1     When the viewing of inappropriate material is necessary the establishment must
        provide the facility to do so.

6.2     When a DVD disk can be viewed on a stand alone DVD player the establishment
        must provide the use of the DVD player to use overnight. This will be by application
        only. Such applications may be refused if by providing the use of the DVD player
        there is a risk to the security of the establishment.

6.3     Where a DVD or CD disk cannot be played on a stand alone DVD player then the
        prisoner should make an application to the Access to Justice Coordinator, who will,
        time and regime permitting, facilitate the use of a laptop in a controlled and
        supervised environment to view the relevant disk(s)

6.3     Under no circumstances will a prisoner will not be allowed to keep in possession any
        of the inappropriate material, whether covered under Rule39 or otherwise. All disks
        will be sealed and stored securely and opened by the Access to Justice Coordinator,
        or his deputy, in the presence of the prisoner prior to the viewing.

6.4     The prisoner must be allowed the use of pen and paper during the supervised
        viewing to enable him to take any relevant notes.

6.5     No files or part of any file, whether it be video, audio or text will be allowed to be
        copied or transferred.

6.6     When the prisoner has finished viewing the disk(s) the establishment will bag and
        seal the disk(s) in the prisoner’s presence and arrange for them to be handed out to
        the legal representative at the earliest opportunity.




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7.      PROCEDURE FOR THE DELIVERY AND RECEIPT OF LEGAL DOCUMENTS

Introduction

7.1     This chapter sets out the procedures that should be followed for the delivery and
        receipt of legal documents (whether in paper or electronic form or video evidence)
        which solicitors and legal advisors wish to hand in or pick up during legal visits.

7.2     This policy will generally be followed but it is always subject to the prison’s
        operational requirements and the need to maintain security and prevent crime.
        Therefore, it may need to be departed from if operational requirements or other
        factors demand. Relevant operational factors may include visitor numbers, staffing
        levels and intelligence concerning a particular prisoner or legal adviser.

7.3     Legal Representatives can only pick up documents from, or hand documents to, the
        client they are visiting. Visits staff must not accept legal documents for prisoners who
        do not have a legal visit booked.

Handing in paper legal documents

7.4     Solicitors may hand in paper legal documents to their clients during legal visits.
        There is no absolute limit on the volume of documents that can be handed in at any
        one time. However bringing in a large quantity of legal documents may hinder the
        searching procedures at the prison gate and this could cause undue delay to both the
        solicitor bringing it in and to other solicitors. Additionally legal representatives need to
        be aware that their clients will be required to carry the documents themselves. It is
        possible that this may be some considerable distance from the legal visits area to
        their cells. Generally if a large quantity of documents needs to be brought in, it will be
        necessary for the legal representative to give at least 24 hours' notice of this so that
        suitable arrangements can be made. If a legal representative arrives at the prison
        gate with a large quantity of documents which will hinder searching requirements
        and/or cause delay to other visitors, but without having given such notice, then they
        will need to explain (without being asked to reveal the contents of the documents)
        why they could not have given the relevant notice. Unless a proper explanation is
        given, staff at the prison gate may refuse to allow the legal documents to be brought
        in.

7.5     Prior to the start of a legal visit, a legal representative must bring to the attention of
        the prison visits staff his intention to hand legal documents over to his client during
        the visit. It should be noted that, whilst all items on the legal representative will have
        been subject to the normal entry searching procedures, a further search would be
        required because the legal documents will be passing into the possession of a
        prisoner.

7.6     A member of prison staff must therefore search the documents that are intended to
        be handed over, in the presence of the legal adviser to verify that they are legal
        documents and to check that they do not include any illicit enclosures. Prison staff
        must not read legal documents and therefore the process must consist of no more
        than a brief visual inspection. On completion of this search, the legal representative
        is then free to hand the documents over to his client during the legal visit.

7.7     At the end of a legal visit a prisoner will be subject to the usual search procedure
        before he is returned to his cell. As part of this procedure, legal documents will also
        be searched (but not read) in the presence of the prisoner to check that they are legal
        documents and to check that they do not include any illicit enclosures.

Handing out paper legal documents

7.8     If a prisoner wishes to hand out to his legal representative any legal documents
        during a legal visit, he must inform visits staff of this before he enters the visits room.



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        A member of prison staff must search the documents that are intended to be handed
        over, in the presence of the prisoner, to check that they are legal documents and to
        check that they do not include any illicit enclosures. Legal documents must not be
        read by prison staff (see above). On completion of this search, the prisoner is then
        free to hand the documents over to his legal representative during the visit.

Unforeseen need to hand over legal documents

7.9     There may be occasions when the need to hand over a particular legal document
        only arises during a legal visit when no prior request has been made by either the
        legal representative or the prisoner. On such occasions the legal representative must
        ask a member of prison staff for permission to hand over the document in question.
        This situation should be unusual and, in order to maintain the integrity of the policy
        set out above, permission may be refused to hand over documents unless a
        satisfactory explanation is provided of why a prior request could not have been made
        in accordance with it.

7.10    Once the document has been checked to see that it is a legal documents and that it
        does not include any illicit enclosure a member of prison staff may approve the
        handing its over.

Solicitors handing in electronic documents

7.11    Legal representatives may hand in during legal visits legal documents stored on
        CD/DVD disks (hereafter referred to as "computer discs"). A secure post box has
        been installed in the main legal visits area for this purpose. This box will be
        periodically emptied and all disks removed and opened in the presence of the
        prisoner, they will be checked for viruses and all appropriate material downloaded to
        the hard drive on the prisoner’s laptop. The files on the computer disc will also be
        checked to ensure that they are not password protected, encrypted or hidden

7.12    Bags will be provided by the establishment for legal representatives to seal up any
        computer discs, which they wish to hand in for the clients they are visiting. The
        solicitor must endorse the front of the bag with the following information:

            prisoner's name;
            prisoner's number;
            name of the solicitor depositing the item and name the firm to which he belongs;
             and
            number and description of items being handed in.

7.13    A member of prison staff will empty the secure post box frequently they will then take
        the sealed bags to be scanned or searched with X rays, as appropriate. After that,
        the individual bags will only be opened when the prisoners to whom they are
        addressed are present. The computer discs will be logged onto a prisoner's
        Disc/Media Inventory and checked for viruses with virus scanning software. The files
        on the computer disc will also be checked to ensure that they are not password
        protected, encrypted or hidden. As with legal correspondence, prison staff are
        entitled to check to ensure that no illicit enclosures are contained on computer discs.
        Therefore, files may be opened to permit a cursory inspection to confirm that they
        are bona fide legal documents. These checks must be completed in a prisoner's
        presence.

Prisoners handing out electronic documents

7.14    Any prisoner wishing to hand out any legal documents must first submit an
        application to the Access to justice Coordinator. The Access to Justice Coordinator
        should arrange to copy the relevant files to a CD. This will then be sealed and given
        to the prisoner to hand out on the legal visit. This will only take place in the prisoner's
        presence.


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7.15    Once the discs have been checked the Access to Justice Coordinator should then
        seal them in a bag along with the application to hand them out. The Access to
        Justice Coordinator should then endorse the application with the seal number and
        give approval for the computer discs to be handed out. The prisoner can then keep
        the sealed bag containing the computer discs in his possession until the day of the
        legal visit.

7.16    The prisoner should take the sealed bag containing the computer discs to his next
        legal visit. He must inform the visits officer that he intends to hand the computer
        discs out on his next visit and should show him the sealed bag containing them. The
        visits officer should check the seal number against the application in the bag to see
        that the seal has not been broken. If everything is in order he should then allow the
        computer discs to be handed out.

7.17    If the seal on the bag containing the computer discs has been broken, the computer
        discs should not be handed out until the Access to Justice Coordinator has confirmed
        that they are the same computer discs that the approval was given for.

7.18    There may be occasions when the need to hand over a computer disc only arises
        during a legal visit when no prior request has been made by either the legal
        representative or the prisoner. On such occasions the legal representative must ask a
        member of prison staff to take and seal the computer disk. This should then be
        logged and given to the Access to Justice Coordinator to download onto the
        prisoner’s laptop. This situation should be unusual and, in order to maintain the
        integrity of the policy set out above, permission may be refused unless a satisfactory
        explanation is provided of why a prior request could not have been made in
        accordance with the above procedure.

Legal visits at court to prisoners escorted by the Prison Service

7.19    There may be occasions where there is a need to hand over legal documents during
        a legal visit that takes place at court. Paragraphs nine and ten of this chapter will
        apply on these occasions.

7.20    There may also be occasions where the need to hand over a computer disc arises.
        On such occasions the legal representative must ask a member of prison staff for
        permission to hand over the computer disc in question. This situation should be
        unusual and, in order to maintain the integrity of the policy set out above, permission
        may be refused unless a satisfactory explanation is provided. It should also be noted
        that the prisoner will not receive the disc until the necessary checks have been made
        by the IT manager at the establishment. In the case of an ongoing trial, this may not
        be before the next day’s court business.

7.21    Where it is agreed by the Officer I/C the escort that electronic media may be handed
        in, it must be handed in a sealed envelope with the following information annotated
        on the front of the envelope:

            prisoner's name;
            prisoner's number;
            name of the solicitor depositing the item and name the firm to which he belongs;
             and
            number and description of items being handed in.

7.22    The Access to Justice Coordinator at the prison will be responsible for transferring
        data from the disks to the hard drive on the prisoner’s laptop. Envelopes will only be
        opened when the prisoners to whom they are intended is present. The computer
        discs will be logged onto a prisoner's Disc/Media Inventory and checked for viruses
        with virus scanning software. The files on the computer discs will also be checked to
        ensure that they are not password protected, encrypted or hidden. As with legal
        correspondence, prison staff are entitled to check to ensure that no illicit enclosures



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        are contained on computer discs. Therefore, files may be opened to permit a cursory
        inspection to confirm that they are bona fide legal documents. These checks must be
        completed in a prisoner's presence.

Legal visits at court to prisoners escorted by an escort contractor

7.23    There may be occasions where there is a need to hand over legal documents during
        a legal visit that takes place at court. Paragraphs nine and ten of this chapter will
        apply on these occasions.

7.24    There may also be occasions where the need to hand over a computer disc arises.
        On such occasions the legal representative must ask a member of prison staff for
        permission to hand over the computer disc in question. This situation should be
        unusual and, in order to maintain the integrity of the policy set out above, permission
        may be refused unless a satisfactory explanation is provided. It should also be noted
        that the prisoner will not receive data contained on the disk until the necessary
        checks have been made by the Access to Justice Coordinator at the establishment.
        In the case of an ongoing trial, this may not be before the next day’s court business.

7.25    Where it is agreed by the Officer I/C the escort that electronic media may be handed
        in, it must be handed in a sealed envelope with the following information annotated
        on the front of the envelope:

            prisoner's name;
            prisoner's number;
            name of the solicitor depositing the item and name the firm to which he belongs;
            number and description of items being handed in.

7.26    The escort contractor will pass the sealed envelope to the Reception Senior Officer at
        the establishment who will be responsible for ensuring the sealed envelope is passed
        to the Access to Justice Coordinator for issue in the normal manner.

IT Evidence received via the post.

7.27    If it has been identified that there is CD/DVD evidence contained within a letter (Rule
        39 or other wise), the letter must be opened in the presence of the prisoner. If
        practicable the Access to Justice coordinator should be informed, so arrangements
        can be made for them to be present so they can complete their virus/security checks,
        copy the data to the hard drive on the laptop and enter the disks on the inventory at
        the same time as the post is being issued to the prisoner.

7.28    If the Access to Justice Coordinator is not present then the Censors will still open the
        letter in the presence of the prisoner, then bag and seal the disks in the presence of
        the prisoner giving the prisoner the serial number of the seal. A chain of custody will
        be commenced and the disks will be returned to security for the Access to Justice
        Coordinator to issue at the earliest opportunity.




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8.   EXAMPLES OF ACTION THAT COULD BE TAKEN AGAINST PRISONERS FOR
BREACHING THE ACCESS TO JUSTICE COMPACT OR MISUSE OF EQUIPMENT

8.1     In the event that the equipment has been misused or the terms of the compact is
        breached the following steps may be taken.

            the prisoner will be given a written warning;
            the prisoner may be given an IEP warning;
            the prisoner may be placed on report;
            the Trial Judge may be written to and copies sent to the defence solicitors and
             CPS to explain any breach that has occurred. The Trial Judge will be informed of
             the intention to withdraw the laptop and they will be asked for their view on this;
             and/or
            the laptop may be removed, all legal material downloaded to disk and the laptop
             sealed pending the outcome of any pending investigation and withdrawal of the
             Access to Justice Facility. The court and trial judge will be informed prior to this
             action taking place.




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                                                                                                                      Annex A



          APPLICATION FOR ACCESS TO JUSTICE COMPUTER IN POSSESSION
                       PART ONE – PRISONERS APPLICATION
NAME                               No                                 TRIAL DATE:                         LOC

Issue of Access to Justice Laptops is on a case by case basis. Below is an example of some of the
application criteria.

    1.    Are you conducting a personal defence?
    2.    The documents you have been provided are on disk(s) and that would make it unreasonable to disallow correspondence
          with his representative by disk.
    3.    The defence is complex or requires the manipulation of data that could not easily be done without the use of the IT
          provided.
    4.    You have a particular disability, or are there are other relevant health factors.

Please give details of your particular needs for an Access to Justice Laptop




The application may be considered frivolous and not approved if:-
    1. You wish to type letters to your legal team rather than write them by hand.
    2. You use the laptop as a spelling aid.
    3. You want the laptop purely to view video evidence on.
    4. You want the laptop purely to listen to audio evidence on.
    5. If you would not be able to use the IT provided.
Requests for alternate software may be granted if:

    1.    The legal case/defence clearly requires more facilities than the standard package offers.
    2.    The prisoner has a medical condition (e.g. visual impairment, a learning difficulty such as dyslexia or physical disability) that
          makes the use of a specialised computer preferable.
                                    (Please note that a scanner will not be provided at any time)

If required, give details below and why?




How long do you think this legal work will take?


Do you have sufficient funds to purchase disks and paper from the prison shop?


If the prisoner is represented, is there to be legal correspondence between the relevant parties by
disk?

Will you require legal correspondence to be passed between yourself and you legal representative?


Is there any indication of how many disks you may need? If so, how many?




                                                                   17
        Draft V0.3 09 November 2006




                                     Signed..........................................
                                         Date....................................................




                                    PART TWO – HOUSEBLOCK MANAGER
                                              Full Sutton
Is their any relevant information regarding the prisoner’s demeanour and behaviour that could
indicate a possible abuse of the system that should be taken into consideration?




Comments and Recommendations




   Name....................................... Signature.......................................... Date...............................


                                  PART THREE - SECURITY DEPARTMENT
Summary of current intelligence (e.g. misuse of IT equipment, computer skills, PSO 4400 etc)




 Name....................................... Signature......................................... Date....................................


                   PART FOUR – DEPUTY GOVERNOR/HEAD OF OPERATIONS
Note: where there are legitimate security concerns about the prisoner in cell IT, access may be granted elsewhere (For example
education or the library)


APPROVED/NOT APPROVED                                                          SOLE USE/SHARED USE

Reason for decision




   Name....................................... Signature.................................... Date....................................




                                                                  18
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                      PART FIVE – REQUIRED ACTIONS/CHECK LIST
               Copies of all documentation to be placed in file for audit purposes
  1.    Copy of application in file (Annex A)
  2.    Inform Prisoner of decision (Annex B)
  3.    Compact signed by prisoner and staff copy placed in file and on prisoners history sheet (Annex C).
  4.    Complete checks on computer prior to issue, (Hardrive, Seals, software) (Annex D)
  5.    Complete inventory and place copy in file
  6.    Relevant information placed on property card (Annex D). (Belmarsh equipment to be endorsed not to go on transfer with
        Prisoner)
  7.    Issue computer and media/disks in prisoner’s presence. (Annex D)
  8.    Residential staff have briefed concerning the management and use of the IT equipment.



Name.................................. Signature.......................................... Date....................................




                                                               19
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                                                                                                    Annex B

     Response to Prisoner Application for an Access to Justice Laptop


Name..................................   Number.....................                    Location..........................



Your application to have an Access to Justice Laptop has been considered.



Has the application been approved (Tick box applicable)

YES 

NO 
If your application has been approved it will be for 3 months initially then
subject to 3 monthly reviews. You will not be able to take the laptop should
you transfer to another establishment.



Prison Service Manager


Name……………….……….                                                        Date.............................................



Your application has not been approved for the following reasons:




Prison Service Manager

Name:……………….……….                                                       Date.............................................




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                                                                                                                           Annex C

COMPACT FOR THE USE OF ACCESS TO JUSTICE EQUIPMENT

Having taken into account the application of.................................................. An Access to
Justice Laptop will be supplied under the terms of this compact for legal work only

The equipment will consist of:

     1.    1 X LAPTOP   (Serial No………………………………)
     2.    1 X MAINS TRANSFORMER
     3.    1 X POWER LEAD
     4.    1 X CARRY CASE

Equipment will be provided for in cell use only. The laptop may not be taken on the exercise
yard, on association or when prisoner is engaging in other activities. The laptop may be taken
to legal visits and used solely by the prisoner for the duration of the legal visit.

The equipment will be provided from the date of.......................................
This is subject to an initial period of 3 months and then 3 monthly reviews.

If required, prisoners must purchase disks and printing paper from the prison shop.

Prison No.................................................. Name........................................................

Agrees to abide by the following terms and conditions

          Will only use the issued equipment for the legal work stated above.

          Will allow the Access to Justice Coordinator or his deputy to inspect or check
           hardware, software and media periodically. These checks will be made in your
           presence.

          Will not tamper with or wilfully damage the issued equipment.

          Will immediately bring to the attention of the Access to Justice Coordinator or prison
           staff any operating difficulties encountered.

          Any files that are deleted accidentally or otherwise will not be recoverable by the
           establishment.

          Saved files must not be encrypted, compressed, password protected or hidden from
           view. Failure to comply with this requirement may result in the withdrawal of the
           equipment.

          If you wish to hand out any legal casework prepared on the laptop to your legal
           representative on a legal visit or by post you must submit an application to the Access
           to Justice Coordinator before hand. The files will then be copied to a CD / DVD disk
           and sealed in your presence and given back to you to hand out unopened via the
           visits staff during the visit.

          Will only save files to the designated section of the laptop, D: drive.

          Will not access or make any attempt to access the C: Drive

          Will not install or attempt to install any programmes or applications on the laptop.
           Failure to comply may result in the removal of the equipment.

          All legal casework saved to the D: drive will be treated as such and subject to SO5 &


                                                                 21
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        Prison Rule 39.

       Will comply with the rules regarding prisoner communications and will not circumvent
        or attempt to circumvent the procedures; SO5 and Prison Rule 39.

       Will allow the Access to Justice Coordinator or his deputy to routinely scan the hard
        drive of the laptop for any inappropriate material or virus’s.

       Will not have in possession any disks that contain any computer data, illicit or
        inappropriate material.

       Will not share or let any other prisoner use the laptop issued above.

       Has been made aware of the health and safety issues relevant to the use of IT
        equipment (see below). Points to note when using IT equipment

Monitor: The monitor/screen should be positioned about 18 to 20 inches from your eyes and
the top of the screen should be at eye level or lower. Ensure the monitor/screen is positioned
to prevent reflected glare from windows or lights.

Posture: Sit with your back relaxed and your hips and knees at an approximate 90º angle to
your chair’s seat and your thighs roughly parallel to the floor. Keep your feet flat on the floor.

Typing: As you type, allow your hands to “float” over the keyboard. Do not bend your wrists
as you type.

Mouse: If using a mouse, move your entire arm instead of just bending your wrist. Ensure
the mouse is positioned for ease of movement.

Breaks: If working for long periods, take regular breaks. Get up from your chair, stretch and
loosen your wrists with gentle exercise. Do not sit in one position for long periods.

       Failure to comply with the conditions outlined in this compact (as per PSI 2/2001)
        may result in withdrawal of the IT facility.

       The hard drive must be purged after each use, if the machine is being actively shared
        with another prisoner,

       The Hard drive must be purged when a prisoner has no further need for the computer
        and this will be completed in the prisoner presence.

       I will not take the computer on transfer and will handover it over to staff.

       I accept these items on loan from the prison service and will comply with all
        regulations appertaining to the use of the equipment.




Signed………………………                            Name…………………….…
      Date…………………
Prisoner


Signed……………………...                          Name……………………….
       Date…………………
Establishment


                                               22
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                                                                    Annex D


     ACCESS TO JUSTICE INVENTORY/SECURITY CHECKS

Name                                                          Number
Make/Model                                                    Laptop Serial Number
Issued by                                                     Date

Security checks
                                       Section One
                              Initial issue          Date            Date            Date

Laptop Serial
Number
Seal Numbers

Virus check

Carry case

Media Check
Disks/HDD
Name

Signature


Copy of section one to be placed in prisoners property card




                                          23
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                              Full Sutton
Section Two
Disk/Media Inventory

     Date         Number      Number Sent to   Total Number of
                  Received    legal              stored disks
                              Representative




                                 24
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                                                                                           Annex E


EXAMPLES OF WHAT HM PRISON SERVICE REGARDS AS
INAPPROPRIATE MATERIAL



       Video, audio or picture files, containing or depicting any violent act that appears to
        glorify acts of Terrorism. For example suicide bombings or executions

       Text documentation that could be deemed as weapons or armed/unarmed combat
        instructions.

       Text documentation with instructions for manufacturing chemical or non chemical
        explosive devices.

       Any audio, video or picture files that could be used to incite racial or religious hatred.

       Any radical or extremist web sites, which propound racial or religious hatred.

       Any form of pornography, whether in picture or text format.

       Any material that breaches Section 31 Crime and Disorder act 1998:- Racially or
        religiously aggravated public order offence.

       Any file that could contain a possible virus.

       Any file that has had its file extension altered.

       Any application or programme, licensed or otherwise.

       Any executable file. (i.e.:- a file that could be run or started by clicking the icon)

       A file that has password protection be it compressed or uncompressed.

       Any operating system or system files that could be collated to form an operating
        system.

       Hardware or software device drivers.

       All email correspondence should be cut and pasted into a word document and not in
        the .eml, .dbx, .dat format.

       Any software that could be used to alter or gain access to the operating system.




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