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					                                           UNCLASSIFIED




                                 National Security Framework                    Ref: NSF 4.4 a
  THE INTRODUCTION OF MANDATORY CALL ENABLING ON THE PIN PHONE
              SYSTEM IN ALL PRISON ESTABLISHMENTS

This instruction applies to:                              Reference:

NOMS Headquarters                                         PSI 24/2012
Prisons
Issue Date               Effective Date                   Expiry Date
                         Implementation Date

29 August 2012           21 November 2012                 21 November 2016
Issued on the            NOMS Agency Board
authority of
For action by                Governing Governors and Directors of contracted out prisons
                             Controllers of contracted out prisons
For information              All staff
Contact                      Offender Safety, Rights and Responsibilities Group
                             Tel: 0300 047 5718
                             Security Group
                             E-mail: barney.clifford@noms.gsi.gov.uk
                             Tel: 0300 047 6171
                             Operational advice:
                             Tel: 0300 047 6354
Associated                   Prison Rules 34, 35 and 35 A-D
documents                    NSF Function 4
                             PSI 49/2011
                             PSI 46/2011
                             Public Protection Manual
This PSI, together with others on intelligence and powers under the Regulation of Investigatory
Powers Act (RIPA) will replace guidance in the previous NSF Function 4 (Communications and
Surveillance).

Audit/monitoring: Internal Audit & Assurance; the Interception of Communications
Commissioner.




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CONTENTS


 Section      Subject                                Applies to
 1            Executive Summary                      All staff

 2            Policy and Strategic Context           All staff

 3            Operational Instructions               Governors, Deputy Governors, Heads of
                                                     Operations, Staff involved in monitoring
                                                     communications

 Annex A      Communications Compact                 Governors, Deputy Governors, Heads of
                                                     Operations, Staff involved in monitoring
                                                     communications

 Annex B      Prisoner Communication Request         Governors, Deputy Governors, Heads of
              Form                                   Operations, Staff involved in monitoring
                                                     communications and/or other covert
                                                     operations

 Annex C      Inadvertent Capture of Legal           Governors, Deputy Governors, Heads of
              Communications Reporting Form -        Operations, Staff involved in monitoring
              Telephones                             communications and/or other covert
                                                     operations, Staff involved in the Induction
                                                     and Reception of Prisoners

 Annex D      Inadvertent Capture of Legal           Governors in establishments that
              Communications - Mail                  currently use call barring arrangements

 Annex E      Draft Notice to Prisoners              Governors, Deputy Governors, Heads of
                                                     Operations, Staff involved in monitoring
                                                     communications




PSI 24/2012                               UNCLASSIFIED                    ISSUE DATE 29/08/2012
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1.     Executive Summary


Background

1.1    This PSI introduces a requirement for all establishments to operate a call enabling regime
       for the prisoner PIN phone system, and equivalent system in contracted out establishments
       not on the BT PIN phone system. Call enabling helps to reduce instances of inadvertent
       interception of privileged communications by introducing more robust processes to provide
       better protection to conversations between prisoners and their legal advisers. Any
       interception of communications subject to legal professional privilege (LPP) is a very
       serious matter and this Instruction mandates additional security measures to protect LPP. It
       also sets out the action to be taken in the event of inadvertent capture. Guidance is being
       issued through this PSI to staff whose role involves monitoring prisoner communications on
       the handling of inadvertent capture of legal or other confidential communications in order to
       minimise the risks in each case. As all cases will be subject to at least a local fact finding
       investigation, staff will be in a stronger position if they have followed these guidelines and
       the organisation is less likely to face criticism.

1.2    The risks of compromise are greatest where establishments use the call barring system on
       the PIN phone system because prisoners are able to call any number except those barred
       from their account. Therefore all new reception prisoners will be required through the new
       communications compact (annex A) and associated application form (annex B) to positively
       identify numbers which might attract privileged status. This instruction provides clarity on
       what numbers provided by prisoners must be checked, the nature of the checks required,
       and a requirement to report to Security Group deliberate attempts to add bogus legal
       numbers to the PIN system.

1.3    Another important factor that the PSI aims to remedy is concern, at establishments that
       currently operate a mixed PIN phone regime (i.e. call enabling and call barring), that
       prisoners on call barring can be vulnerable to violence and intimidation from others.
       Furthermore, newly arrived prisoners who are given temporary PIN credit and a temporary
       PIN number whilst awaiting their PIN account to be set up, may also be subject to
       intimidation.

1.4    The final driver for the introduction of this PSI is to prevent crime or criminal activity in
       prisons by putting in place measures that require prisoners to name their social contacts on
       the PIN phone system. This reduces opportunity of prisoners who are, or being pressured
       into, continuing their criminality but does not disadvantage other prisoners from
       communicating with their social contacts as evidence from estate wide PIN records show
       that only 0.5% of active PIN phone accounts regularly contact 20 or more telephone
       numbers. This PSI does not alter current arrangements for prisoners to apply for more than
       20 social numbers on their PIN phone account.

Desired outcomes

1.5    All prisons will introduce in full the call enabling security arrangements three months from
       the publication of this PSI.

1.6    Communications compacts will be used and retained on all new receptions, and an
       auditable record maintained. This will reduce bureaucracy and duplication of effort as
       prisoners are transferred around the estate and reduce opportunities for prisoners to
       engage in criminality.

1.7    Enhanced safeguards to protect legal professional privilege and the provision of clear
       instructions to staff engaged in monitoring communications, on what to do in the unlikely

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       case of inadvertent capture of legal or other confidential communications and the minimum
       requirements when checking contact numbers provided by prisoners.

Application

1.8    Security Managers and Governors will need to read the whole instruction and alter policy
       and procedures locally.

1.9    PIN clerks and staff engaged in monitoring communications will need to read the whole
       instruction and understand the implications for their role. Similarly, staff in reception and
       induction, will also need to read the whole instruction so that they provide prisoners with
       accurate information and use the new Communications Compact.

Mandatory actions

1.10   Governors of all establishments and Directors of contracted out establishments must
       ensure that:

             all prisoners at their establishment are managed on the call enabling regime within 3
              months of the issue of this PSI (following the steps described in Annex E) and that
              the legal numbers of all new receptions from that date are checked;
             the social and legal telephone numbers provided by prisoners subject to public
              protection provisions, and category A prisoners (including potential and provisional
              category A) are checked;
             a record is maintained of all checks made of telephone numbers provided by
              prisoners using the form at Annex B and that this is stored consistently for example
              on the public protection file for public protection prisoner, the security file for
              category A prisoners or those of interest for security reasons, or core file for other
              prisoners;
             adequate resources are deployed in establishments currently using call barring to
              ensure that the changeover to call enabling is completed on time and prisoners
              notified of the change. A model notice is at annex E;
             there are adequate resources to manage prisoner applications to add or amend
              their social contact list, so that such requests are dealt with promptly and the
              prisoner informed of action taken;
             the requirement for newly arrived prisoners to be given access to a telephone, in
              order to address urgent domestic or legal issues, remains. If the prisoner is subject,
              or likely to be subject to public protection restrictions (including an identified risk of
              intimidating victims or witnesses), or is to be reported in as category A, a member of
              staff must make the call on the prisoner’s behalf and check that the recipient is
              willing and happy to receive the call. If possible, prisoners must use a PIN phone to
              make the urgent call but must first agree and sign a copy of the communications
              compact. Calls to legal advisers must not be made by PIN phone until a prisoner’s
              PIN phone account has been properly set up and the legal number checked;
             all legal and confidential numbers provided by prisoners are checked and verified.
              Social numbers are checked as necessary in accordance with the risk posed by the
              prisoner;
             the local security strategy (LSS) is amended, where necessary, to take into account
              this revised instruction.
             the guidance at Annex C is made available to all staff engaged in the monitoring of
              communications;
             the requirement to report possible breaches of confidential communications is
              strictly adhered to and the LSS amended. The guidance must be available to
              managers who act as duty Governor. This refers both to possible breaches of either
              telephone or mail communications;


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             all new receptions and prisoners being moved from call barring to call enabling must
              sign the Communications Compact (annex A) and a copy be retained and
              consistently filed in one of the public protection file, security file, or, core record.
              This version of the Compact must be used from the date this PSI issued; and
             all bogus legal numbers believed to have been deliberately submitted by a prisoner
              or those which cannot be verified locally must be reported on a Dissemination Form
              to the Central Authorities Bureau (CAB) in Security Group for further action. All
              Security Departments have a copy of the Dissemination Form.

Resource Impact

1.11   In establishments where call enabling is already used for all prisoners, there will be no
       additional cost.

1.12   In establishments wholly or with some call barring arrangements in place, there will be a
       cost to implementing call enabling by informing prisoners, chasing information, inputting the
       information onto the PIN phone system, and ongoing management of prisoner’s accounts in
       line with PSI 49/2011. Experience of establishments that have moved from call barring to
       call enabling is that good communication and preparation was the key. Once all information
       is received, each new prisoner account takes about 10 minutes to set up. Smaller
       establishments may not need additional staff resource to manage the move to call enabling
       but in larger establishments, particularly locals with a higher turnover of prisoners, an
       additional (perhaps part time) member of staff may be needed.

1.13   During the transition from call barring to call enabling, legal and confidential numbers
       provided by prisoners must be checked. Social/other numbers will only need to be checked
       in the unlikely event that a category A, public protection, or E-list prisoner is on call barring.

1.14   There is a national cost of approximately £10K to disable call barring functionality from the
       PIN phone system.




(SIGNED)


Digby Griffith
Director of National Operational Services, NOMS




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2.     Policy and Strategic Context


2.1    It is important that this PSI is read alongside policy on the interception of communications
       (NSF Function 4.4) and policy on communication services (PSI 49/2011) in order to better
       understand the restrictions placed on prisoner communications.

2.2    The Prison Rules, particularly at 34, 35, and 35A-D empower the Secretary of State and the
       governor to, amongst other things, restrict prisoner communications with others where such
       restrictions are necessary and proportionate for one or more specified ground and to retain
       data concerning prisoners’ contacts.

Prison Rule 34 states,

       34.—(1) Without prejudice to sections 6 and 19 of the Prison Act 1952 and except as
       provided by these Rules, a prisoner shall not be permitted to communicate with any person
       outside the prison, or such person with him, except with the leave of the Secretary of State
       or as a privilege under rule 8.
       (2) Notwithstanding paragraph (1) above, and except as otherwise provided in these Rules,
       the Secretary of State may impose any restriction or condition, either generally or in a
       particular case, upon the communications to be permitted between a prisoner and other
       persons if he considers that the restriction or condition to be imposed—
       (a) does not interfere with the convention rights of any person; or
       (b) (i) is necessary on grounds specified in paragraph (3) below;
       (ii) reliance on the grounds is compatible with the convention right to be interfered with; and
       (iii) the restriction or condition is proportionate to what is sought to be achieved.
       (3) The grounds referred to in paragraph (2) above are—
       (a) the interests of national security;
       (b) the prevention, detection, investigation or prosecution of crime;
       (c) the interests of public safety;
       (d) securing or maintaining prison security or good order and discipline in prison;
       (e) the protection of health or morals;
       (f) the protection of the reputation of others;
       (g) maintaining the authority and impartiality of the judiciary; or
       (h) the protection of the rights and freedoms of any person.

Prison Rule 35 B states that,

       35B.—(1) The governor may arrange for a permanent log to be kept of all communications
       by or to a prisoner.
       (2) The log referred to in paragraph (1) above may include, in relation to a communication
       by means of a telecommunications system in a prison, a record of the destination, duration
       and cost of the communication and, in relation to any written or drawn communication, a
       record of the sender and addressee of the communication.




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3.     Operational Instructions


 Text within shaded boxes indicate requirements from the “Provision of a Secure Operating
 Environment” bundle of specifications. All instructions below are mandatory.


 Prisoners who present a threat to the safety and security of others, the public, or the
 establishment are identified and reported and their ongoing risk is managed.

3.1    All prisons will now be subject to the call enabling system.

3.2    In line with PSI 49/2011, prisoners will be allowed up to:

              15 legal and confidential access numbers on their individual PIN account not
               including globally allowed numbers.
              If engaged in litigation prisoners may be permitted a second account of a further 15
               legal numbers. Under exceptional circumstances, Governors will have discretion to
               allow a prisoner more than 30 legal numbers.
              20 social numbers. However these lists do not preclude prisoners having access to
               all globally and locally enabled numbers.

3.3    After this PSI becomes effective, all numbers provided by prisoners as being legal and/or
       confidential numbers must be checked (paragraph 3.5 – 3.6) and numbers provided as
       social numbers will be checked where required by risk assessment (paragraph 3.7 – 3.10).
       The Request Form at Annex B must be issued to prisoners in order to list the telephone
       numbers they would like to be added to the PIN phone account.

3.4    A written record of checks made must be maintained to reduce duplication of effort when a
       prisoner transfers. Filing of this record should be consistent. For example, prisoners whose
       numbers had been checked on the grounds of public protection should be filed on the
       public protection files; category A prisoners and those of interest on the grounds of security
       or intelligence are stored on security file. The key is that this information is retained
       consistently. A record can also be made on the prisoner’s PIN account as well to note that
       this action has been taken.

Checking Legal Numbers

3.5    All numbers must be checked. The type of check undertaken will depend on the type of
       number provided but the requirement is that staff must check all telephone numbers
       provided by prisoners as legal or confidential numbers. If the number provided is a
       switchboard number, staff may either phone the number or check it on the Law Society
       Database (http://www.lawsociety.org.uk), which also names all solicitors within a firm of
       solicitors. Where prisoners give the mobile telephone number of a solicitor, a member of
       staff must call the number but only during office hours. Similarly, if a Barrister and or
       Barristers’ chambers is listed, checks can be made through the Bar Council website
       (http://www.barcouncil.org.uk) or by telephoning numbers provided, again during office
       hours only. Establishments may wish to retain a simple Excel spreadsheet listing local firms
       of solicitors to reduce some of the administrative burden for staff and to share this across
       other establishments in the same region or geographical area, including contracted out
       prisons and check against the database of bogus solicitors held in Security Group. At the
       very least this spreadsheet should have the name of the firm, address, switchboard
       number, solicitor’s name, mobile phone number, and landline extension.




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3.6    Where any suspicion emerges from these verification checks, a SIR must be submitted and
       the Governor may direct further action. All bogus legal numbers or those which cannot be
       verified locally must be reported on a Dissemination Form to the Central Authorities Bureau
       in Security Group.

Checking Social Numbers

3.7    Social numbers provided must be checked if the prisoner is:
             category A (including potential/provisional);
             identified as posing a risk to children, subject to review at least every three months;
             remanded for, or convicted of, an offence under the Protection from Harassment Act
              1997, or subject to a restraining order or injunction;
             remanded or convicted of offences in which there was domestic abuse or other
              information suggesting the prisoner has carried out domestic abuse in the past;
             convicted currently, or in the past, of stalking;
             convicted of an offence listed in the Sexual Offences Act 2003 and subject to a
              restraining order;
             a risk for the intimidation of victims/witnesses;
             an E list prisoner.

3.8    The Governor may decide on the basis of intelligence or other information to check the
       telephone numbers provided by other prisoners on a case by case basis for example as
       part of an intelligence gathering exercise or in response to the monitoring of intercepted
       communications. This should not be narrowly focussed on prison security and control but
       also if information suggests that threats have been made against witnesses, victims or
       others.

3.9    In all cases where social numbers are being checked, the telephone number provided must
       be contacted to confirm the identity of the person listed on the form and that they are willing
       to receive telephone calls from the prisoner. With regard to public protection prisoners,
       victim details must be barred from the prisoner’s PIN account.

3.10   The Governor may wish to allocate some of this work to the PIO/CTPIO.

3.11   Where any suspicion emerges from these verification checks, a SIR must be entered and
       the Governor may direct further actions including referral to Security Group and/or police.

3.12   An audit trail confirming the fact that checks have been undertaken must be retained on the
       PIN phone records at annex B or on the prisoner’s Pin phone account as this will prevent
       duplication of effort when prisoners are transferred. A transfer from one prison to another
       does not require the receiving prison to automatically accept the telephone numbers on the
       prisoners allowed list. The receiving prison must follow up any intelligence which calls into
       questions the veracity of the information provided. The presumption must be however that
       all establishments undertake the checking of numbers with the same degree of rigour and
       appreciation of the risks.

3.13   Governors must not permit the insertion of any numbers submitted by a prisoner if they
       have any reason to believe that the number is one submitted on another prisoner's behalf,
       or if the prisoner cannot justify his/her need to contact the number in question. If there is
       any doubt, prisoners must be asked to produce further verification for any number they wish
       to have on their list for example, a Ietter or authorisation from the recipient that they are
       content to receive calls from the prisoner who is requesting their inclusion on his/her list.




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Mandatory Communications Compact

3.14   All prisoners received into an establishment after this PSI is published must sign the
       compact at Annex A. By signing the compact, a prisoner confirms that he/she understands
       the terms and conditions of use.

3.15   Prisoners must list their social and confidential numbers on the national form at annex B.
       Where appropriate, the prisoner may also list the name of his/her MP or embassy/consular
       official, if the prisoner intends to contact them under the confidential access arrangements
       listed in PSI 49/2011.

3.16   Prisoners must be informed through proper use of the Communications Compact that they
       must not make telephone calls which include any of the following:
        i.    plans or material which would assist or encourage any disciplinary or criminal
              offence;
       ii.    escape plans or material that might jeopardise the security of a prison;
       iii.   material which might jeopardise national security;
       iv.    material associated with the making of any weapon, explosive, poison or other
              destructive device;
       v.     obscure or coded messages;
       vi.    material which would create a clear threat, or present a danger of violence or
              physical harm, to any person, including incitement to racial hatred, or which might
              place a child’s welfare at risk.

Dealing with Unwanted Contact

3.17   If a member of the public requests that a prisoner should not contact him or her, the
       prisoner must not be allowed to do so. Further, where current or past offending indicates
       non-contact with individuals, the prisoner must be barred from making contact. If the person
       or authority with parental responsibility for the care of a young person (i.e. a person under
       18 years of age) requests in writing that calls from a prisoner to that young person be
       stopped, the prisoner must not be allowed to telephone the young person.

3.18   The Governor may also order a young person in his or her custody not to telephone a
       particular person if he or she considers that such calls are not in the prisoner's best
       interests; in exercising this discretion the Governor must take account of any views
       expressed by the prisoner’s parent or guardian.

3.19   Persons not wishing to be contacted do not have to make a written request but an audit trail
       must be maintained whether the request is made in writing or not. The number of the
       person who does not want to be contacted must be barred from the list of numbers
       available to the prisoner.

3.20   Consideration should be made of barring that number from all accounts in an establishment
       in case other prisoners are pressured into adding a number to their PIN account on behalf
       of another prisoner.

3.21   Where unwanted contact is somehow made, the recipient of the telephone call must report
       it to the NOMS Victims helpline on 0845 7585 112 and where appropriate the police via the
       PIO.

Other PIN phone Security Measures

3.22   The authority to bar a prisoner making any or all calls using a PIN phone must be taken by
       an appropriate manager identified by the governor (e.g. Head of Operations).



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3.23   Telephone numbers for all of the courts in England and Wales are listed at Estate level
       under Controlled Numbers that all prisoners can access. A central number for the Palace
       of Westminster is also contained in this list. Prisoners can ring this number and be
       connected to the office of any Member of Parliament.

3.24   Establishment staff responsible for the administration of the PIN phone system must
       familiarise themselves with the numbers on the Global Lists at both Estate and Prison level
       and consult the list regularly for changes.

3.25   Prisoners must not be allowed to telephone a person or organisation if intelligence indicates
       that the person or organisation represents a genuine threat to the security or good order of
       any prison. Similarly, prisoners must not be able to contact victims and/or witnesses and
       processes must be in place to protect individuals who do not wish to be contacted by a
       prisoner (Chapter 6 of Public Protection Manual) and PSI 46/2011.

3.26   Chapter 2 of the Public Protection Manual gives additional guidance in respect of prisoners
       identified as presenting a risk to children.

3.27   Arrangements for prisoners to contact the media are set out in PSI 37/2010. Prisoners
       must not be allowed to contact the media otherwise.

3.28   Prisoners must not be allowed to use official telephones other than in the circumstances set
       out in PSI 49/2011.

Measures to Prevent Obtaining Confidential Material on the PIN phone System

3.29   It is anticipated that any risk of inadvertent capture of legal telephone numbers will be
       diminished by the fact that all prisoners will now have to supply the numbers and the fact
       that the numbers will be checked by staff.

3.30   However there is a small risk that such calls could still be heard, for example if a prisoner
       telephoned a social contact and the legal representative happened to be with the social
       contact at the time of the call and discussed the case with his client. Any advice given in
       those circumstances would be recorded as the call was to a social contact.

3.31   You must therefore ensure:

             all prisoners understand communications arrangements and compacts and there is
              an audit trail evidencing this;
             all prisoners nominate his/her legal numbers on the National Form (annex B);
             prisoners are reminded periodically through local communications to prisoners of
              the need to keep their PIN phone account legal numbers up to date.
             that you always keep copies of the signed compact. This must be filed consistently
              on public protection files for public protection prisoners or security file or core file for
              all other prisoners.

Inadvertent Capture of Legal Communications

3.32   Governors must ensure that all staff involved in monitoring prisoner communications are
       made aware of the sensitivities of legal calls as set out in national and local interception of
       communication policies.

3.33   Staff must be informed that should they detect or suspect that a number disclosed on the
       open side of the PIN phone system may be subject to legal privilege then they must stop
       listening immediately and notify the duty Governor/Night Orderly Officer straight away. A
       SIR must be entered into the system and marked as for immediate action.


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3.34   The telephone call must be downloaded onto a DVD/CD and sealed in an evidence bag
       and securely stored to prevent any further listening. The conversation must be deleted from
       the PIN system and an immediate check made as to whether the legal number had
       previously been called, and if so, for those calls to be downloaded on to DVD/CD and
       deleted from the PIN system.

3.35   A manager must:

              personally find out if the number dialled is in fact a bona fide legal adviser or one of
               the other organisations entitled to privileged calls;
              if that is the case, the number must be transferred to the confidential side no later
               than the start of the next working day;
              carry out appropriate action on a SIR;
              commence a fact finding investigation to establish if any previous calls to this
               number have been intercepted.
              ensure the governor and Deputy Director of Custody (DDC) or equivalent has been
               informed;
              ensure the report at annex C is completed and forwarded to Security Group.
               Contact 0300 047 6354 for advice and for a Unique Reference Number (URN) for
               correspondence.

3.36   The DDC will, in discussion with Security Group, consider handling issues and the need for
       a fuller investigation and submission to Ministers on a case by case basis.

Rule 39 Mail

3.37   Procedures for the protection and handling of Rule 39 mail are set out in PSI 49/2011.

3.38   Where staff do read a legal letter in circumstances not allowed for by Rule 39 and PSI
       49/2011, the form at annex D must be completed and action taken to notify local managers
       and Security Group, similar to the process set out in paragraphs 3.32 – 3.36.

Police initiated monitoring

3.39   If Police or another Agency have an authorised interception of communications ongoing,
       confidential material from the PIN phone system will not be shared with them (as it is not
       recorded) unless there has been an administrative or other oversight.

3.40   If police hear or believe that they have in their possession a legal call, Police must
       immediately take advice from the Operational Partnership Team (OPT) in NOMS HQ on
       0300 047 6182.

3.41   The call(s) must be downloaded on a CD, sealed and bagged separately from any other
       prison intelligence product and stored securely and clearly labelled. It must not be
       disseminated by the Police Intelligence Officer (PIO) to the LEA until advice has been
       obtained from OPT.

3.42   If, on review of prison product by a LEA, such material is identified, PAS and the PIO must
       be informed. The material must not be acted upon, unnecessarily copied or disseminated in
       any way.




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ANNEX A



NAME……………………………………


PRISON NUMBER…………………




                     HMP Xxxxxxx
                COMMUNICATIONS COMPACT
Note to staff – this compact must be explained to all prisoners.

Prisoners must sign a copy of this compact before being allowed to use the PIN phone System. If a
prisoner has reading difficulties the compact must be read to them. The prisoner and the member
of staff who issued/explained the compact must sign the form.

The signed whole copy must be stored consistently in the prisoners’ core record, security file or
wing file.

INTRODUCTION

The Prison Service has a duty to ensure that prisoners are able to maintain contact with friends
and family where this is in the best interests of both parties. Nevertheless, prisons must balance
this with their duty to hold prisoners in lawful custody in well-ordered establishments, and to
contribute to prevention and detection of crime. Some monitoring of prisoners telephone calls and
mail is therefore necessary.

TELEPHONE CALLS – TERMS & CONDITIONS OF USE OF PIN PHONE SYSTEM

You are being allowed to use the PIN phone system on the following conditions:

1.     The Personal Identity Number (PIN), which you will be given, will allow you to use the
       telephone. Only you must use this PIN number. You must keep it safe. You must not let
       other prisoners use your PIN and must not use another prisoner’s PIN.

2.     Calling or attempting to call unauthorised telephone numbers, using PIN numbers which
       are not yours, or handing the phone to another prisoner to continue a conversation you
       have initiated using your PIN number may result in disciplinary action against you or in
       certain cases a criminal investigation.



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3.       The telephone numbers you have on your social and confidential list will be held on your
         individual account on the computer database which runs the PIN phone system and stored
         in accordance with the provisions of the Data Protection Act 1998.

4.       CONVERSATIONS WHICH TAKE PLACE USING PRISON PIN PHONES WILL BE
         RECORDED AND MAY BE MONITORED BY PRISON STAFF. PIN PHONES CAN BE
         USED ONLY BY PRISONERS WHO CONSENT TO THIS.

5.       The exception to paragraph 4 is that calls to your legal advisers (as notified by you to the
         PIN phone clerk), courts, or Confidential Access organisations1 are confidential and will not
         be recorded or monitored except where there is reasonable cause to believe that the calls
         are intended to further a criminal purpose. The decision to monitor these calls will be taken
         only on the authority of the Chief Executive Officer of the National Offender Management
         Service (NOMS), the Director of National Operational Services or Duty Director. In such
         circumstances recording will continue for no longer than necessary to establish the facts
         and to take any action necessary.

6.       You must ensure that you clearly identify your confidential telephone numbers when
         you complete the PIN phone application form. This is your responsibility. Failure to do so is
         likely to result in confidential calls being recorded and they may be monitored.

7.       Prisoners in the list below are subject to monitoring on account of an identifiable risk they
         pose:
         a.     prisoners who are identified as posing a risk to children;
         b.     prisoners remanded for, or convicted of, an offence under the Protection from
                Harassment Act 1997, or subject to a restraining order or injunction. This must
                continue while an order/injunction is in force, and subsequently if deemed
                necessary;
         c.     prisoners convicted of an offence listed in the Sex Offenders Act 1997, and subject
                to a restraining order, as set out in PSI 28/2001;
         d.     category A prisoners;
         e.     Escape (E) list;
         f.     where information suggests a prisoner may intimidate victims/witnesses.

8.       A maximum of up to 5% of all other calls made on the PIN phone system are subject to
         monitoring on a daily basis.

9.       This form may be used as evidence in any subsequent adjudication involving abuse of the
         telephone.

1
  Confidential Access organisations are explained in PSI 49/2011 and apply to both telephone and mail communications – the current
list (December 2011) is as follows:

                           Criminal Cases Review Commission (CCRC)
                           Legal Ombudsman
                           Care Quality Commission
                           Parliamentary & Health Service Ombudsman
                           Office of the Legal Services Ombudsman
                           Prisons and Probation Ombudsman (PPO)
                           Her Majesty’s Inspectorate of Prisons (HMIP)
                           Members of the National Council of Independent Monitoring Boards (IMB) and its Secretariat
                           Equality and Human Rights Commission (EHRC)
                           Members of Parliament (MP) or Members of the National Assembly for Wales (AM) or Members of
                            European Parliament (MEP)
                           Embassy or Consular Officials
                           Samaritans
                           Registered Medical Practitioners (but only in cases where they are treating a prisoner with a life
                            threatening medical condition)
                           An Electoral Registration Officer (for submitting a postal vote only)




PSI 24/2012                                            UNCLASSIFIED                                ISSUE DATE 29/08/2012
                                          UNCLASSIFIED                                      PAGE 14


10.    No credit cards calls or diverted calls via other telecommunication providers are permitted.

11.    You must not conduct a conversation on a PIN phone that contains any of the following;
             plans or information which would assist or encourage any disciplinary or criminal
              offence
             escape plans that might jeopardise the security of prison;
             information that might jeopardise national security;
             information associated with the making of any weapon, explosive, poison or other
              destructive device,
             obscure or coded messages;
             material which would create a clear threat, or present danger of violence or physical
              harm, to any person, including incitement or racial hatred, or which might place a
              child’s welfare at risk; and/or
             material which is intended to cause distress or anxiety to the recipient or any other
              person, such as messages which are indecent or grossly offensive, or a threat, or
              information which is known or believed to be false.

12.    FAILURE TO ABIDE BY THESE CONDITIONS MAY RESULT IN WITHDRAWAL OF
       ACCESS TO THE TELEPHONE AND DISCIPLINARY ACTION UNDER PRISON RULE
       51 (YOI RULE 50).

LETTERS – TERMS & CONDITIONS FOR WRITTEN CORRESPONDENCE

1.     Prisoners must include their name, number and establishment address on any outgoing
       correspondence. Any legally privileged mail must be marked.

2.     A maximum of up to 5% of the correspondence sent and received on a daily basis by
       prisoners is subject to monitoring. All mail, except legally privileged or to a confidential
       access organisation, may be opened to check for illicit enclosures and may be
       subject to monitoring.

3.     Letters can be read in the following cases:
              prisoners in High Security establishments or any unit which holds Category A
               prisoners;
              prisoners who are on the Escape (E) list;
              prisoners who are identified as posing a risk to children;
              prisoners remanded for, or convicted of, an offence under the Protection from
               Harassment Act 1997, or subject to a restraining order or injunction. Routine
               reading must continue while an order/injunction is in force, and subsequently if
               deemed necessary;
              information has been received that the prisoner presents a risk for the intimidation of
               victims/witnesses.
              prisoners remanded for, or convicted of, an offence of sending or attempting to send
               obscene mail

4.     The exception to 2 and 3 is that correspondence that is legally privileged (Prison Rule 39 or
       YOI Rule 17) or to / from a confidential access organisation, will not normally be opened or
       read. However, it should be recognised that it may be opened accidentally or in error if it is
       not clearly marked as either ‘Rule 39’, ‘YOI Rule 17’ or ‘Confidential Access’. If staff
       suspect that a letter marked ‘Rule 39’ or ‘confidential access’ may contain an unauthorised
       item, they may, on authority of the Governor, decide to open it in your presence. In
       exceptional circumstances, the Governor may be so concerned about the contents of the
       correspondence that they decide to read it in your presence. This would be because they


PSI 24/2012                                UNCLASSIFIED                      ISSUE DATE 29/08/2012
                                           UNCLASSIFIED                                       PAGE 15

       think it may endanger the security of the prison, or someone’s safety, or that the letter is
       intended to further a criminal purpose.
5.     Prisoners may write their letters or receive letters in the language of their choice, but letters
       not written in English and which are subject to reading may be subject to delay while they
       are translated.

6.     Correspondence must not contain the following:

       a.     material which is intended to cause distress or anxiety to the recipient or any other
              person, such as messages which are indecent or grossly offensive; or a threat; or
              information which is known or believed to be false;
       b.     plans or material which could assist or encourage any disciplinary or criminal
              offence (including attempts to defeat the ends of justice by suggesting the
              fabrication or suppression of evidence);
       c.     escape plans, or material which if allowed may jeopardise the security of a prison
              establishment;
       d.     material which may jeopardise national security;
       e.     descriptions of the making or use of any weapon, explosive, poison or other
              destructive device;
       f.     obscure or coded messages;
       g.     material which is indecent and obscene under Section 85(3) of the Postal Services
              Act 2000;
       h.     material which, if sent to, or received from, a child might place his or her welfare at
              risk;
       i.     material which would create a clear threat or present danger of violence or physical
              harm to any person, including incitement to racial hatred or which might place a
              child’s welfare at risk;
       j.     material which is intended for publication or use by radio or television (or which, if
              sent, would be likely to be published or broadcast) if it contravenes the guidance in
              PSI 49/2011and PSI 01/2012.




PSI 24/2012                                UNCLASSIFIED                        ISSUE DATE 29/08/2012
                                   UNCLASSIFIED                             PAGE 16


COMMUNICATIONS COMPACT: AGREEMENT TO TERMS AND CONDITIONS


      I confirm that I understand the terms and conditions of use of the PIN
       telephone system and for written correspondence and I agree to them. I
       understand that this Compact will be retained on my file:


 Prisoner Name:

 Prisoner Number:

 Signature:

 Date Signed:




 Name of member of staff:

 Job Title:

 Signature:




PSI 24/2012                         UNCLASSIFIED               ISSUE DATE 29/08/2012
                                  PROTECT (WHEN COMPLETE)                          PAGE 17


ANNEX B

                                       HMP
                              PIN TELEPHONE SYSTEM
                                 NUMBER REQUEST



 Prison Number             Name                                 Unit


The telephone numbers you submit will only be allowed on the understanding that the
recipient is willing to accept your call.

Certification

I am requesting that the names and telephone numbers listed on this form be added to my
list of telephone contacts.

I certify that all numbers listed are to persons willing to accept my calls and that the
telephone calls made to those persons will be made for the purposes allowable under
Prison Rules.

 Signature                                            Date



Wing Staff. I confirm that this form has been fully completed and that the information
provided is sufficient to enable the appropriate checks to be made.

Signed:_____________________________Print:_______________________________

Date forwarded to Security ______________________________

Date arrived at Security ______________________________

 (Security)                        Not subject to Public Protection Measures

 Public   Protection      Measures Signed:_______________________
 apply    YES / NO
                                   Print:


Date forwarded from Security to Pins Clerk:_______________________________

 (Input on PINS System)

 PINS Clerk Name:__________________
 Signed:__________________Date:_________


PSI 24/2012                       PROTECT (WHEN COMPLETE)              ISSUE DATE 29/08/2012
                                   PROTECT (WHEN COMPLETE)                  PAGE 18


 FAMILY & FRIENDS NUMBERS TO BE ADDED


   Number     Full name of   Relationship to       Address         Approved
 (Including    Recipient        Prisoner                           YES / NO
Area Code)                                                     (Sign/Print/Date)




PSI 24/2012                         PROTECT (WHEN COMPLETE)   ISSUE DATE 29/08/2012
                             PROTECT (WHEN COMPLETE)                          PAGE 19


  LEGAL TELEPHONE NUMBERS TO BE ADDED


      Number      Name                       Company      Approved by Security OSG
     (Including                              Town/City    YES / NO (Sign/Print/Date)
    Area Code)




  NUMBERS TO BE REMOVED


      Number             Name of Recipient               Relationship to Prisoner
(Including
    Area Code)




  PSI 24/2012                 PROTECT (WHEN COMPLETE)          ISSUE DATE 29/08/2012
                                  RESTRICTED (WHEN COMPLETE)                PAGE 20


ANNEX C


DETAILS OF PIN PHONE CALL TO LEGAL NUMBER WHICH HAS BEEN RECORDED


 OCCURRENCE                              RESPONSE / ACTION TAKEN
 Establishment

 At the time the recording was made,
 was the establishment operating call
 barring or call enabling?
 Name of the prisoner making the call

 Prisoner’s number

 Sentenced / Remand?

 Index offence / charge

 Is the prisoner subject to offence
 related restrictions / monitoring?

 Was the PIN account used to make
 the call registered to the prisoner
 who made the call?

 If not, what is the name and number
 of the prisoner to whom the account
 is registered?

 Is this prisoner subject to offence
 related restrictions / monitoring?

 Date and time of the call

 Telephone number listened to

 Owner of the number / recipient of
 the call

 Name of person who heard the call

 Role of the person who heard the
 call

 Date and time of listening

 Details of conversation heard

 Was the number moved to restricted
PSI 24/2012                        RESTRICTED (WHEN COMPLETE)   ISSUE DATE 29/08/2012
                                 RESTRICTED (WHEN COMPLETE)                PAGE 21

 side?

 If not, why?

 Was the evidence / product
 downloaded and sealed in an
 evidence bag?

 Was an SIR submitted?

 What was the reference number?

 Was the duty Governor informed?

 What is the name, appointment and
 phone number of the duty Governor?

 Had the prisoner signed a PIN
 phone compact?

 Had the prisoner notified the number
 as a legal one?

 Who entered the number on the PIN
 system?

 Was the number correctly entered as
 a legal number?

 Why was the call being listened to?
 (Intelligence / Offence / Random)

 If a PAS application was in place,
 what was the reference number?

 Has any other prisoner called this
 number?

 Have any other calls to the number
 been recorded and / or listened to?


Name of Person Submitting Report………………………………………………

Job Title…………………………………………………………………………

Date……………………………………………………………………………………




PSI 24/2012                       RESTRICTED (WHEN COMPLETE)   ISSUE DATE 29/08/2012
                                  UNCLASSIFIED                            PAGE 22


ANNEX D


DETAILS OF LEGAL LETTER THAT HAS BEEN READ CONTRARY TO PRISON RULE
39

 OCCURRENCE                             RESPONSE / ACTION TAKEN
 Establishment
 Prisoner Name
 Prison number
 Sentenced / Remand?
 Index offence / charge
 Outgoing or incoming letter?
 Name/company of legal
 representative
 Explain how the letter came to be
 read and who took the decision to
 read a legal letter
 Who read the letter?
 Role/rank
 Did the member of staff read the
 whole letter?
 Date/time that reading occurred
 Has the letter been copied and
 passed to anyone? If so, who and
 why?
 Was the evidence / product sealed in
 an evidence bag?
 Was an SIR submitted? If so, what is
 the reference number?
 Was the duty Governor informed?
 Has the prisoner signed a
 communications compact?
 Is the legal representative named on
 the prisoners file?
 Outline any further action taken (e.g.
 was legal representative informed?)

Name of Person Submitting Report………………………………………………

Job Title…………………………………………………………………………

Date……………………………………………………………………………………


Note: this form is only to be used where a legal letter has been read outside the
provisions of Prison Rule 39, which allows for a legal letter to be opened in
exceptional circumstances. This form is not to be used for “accidental opening” of
wrongly marked Rule 39 envelopes for which a Post Room log should be
maintained.

PSI 24/2012                        UNCLASSIFIED               ISSUE DATE 29/08/2012
                                       UNCLASSIFIED                                PAGE 23


ANNEX E

HMP XXXXXXXXXXX




Draft notice to prisoners

CHANGES TO PRISONER ACCESS TO THE PIN PHONE SYSTEM

The Chief Executive Officer of NOMS has decided that all prisoners will be required to
provide telephone numbers that they wish to call and will not be allowed to call any others,
except those that are locally or globally allowed. Prisoners can provide up to 20 social
numbers and 15 legal or confidential numbers. Staff here will enter these onto the PIN
phone system.

The change is being introduced to protect the public and reduce the instances that the PIN
phone system is used for the purposes of criminality. Also, there will be better safeguards
for your confidential communications with your legal adviser or other groups with whom
you are allowed to converse without us recording and possibly monitoring the call.

The way we intend to introduce the change is:

      week 1: Discussions with prisoner groups and notice in visitors centres;
      week 2: Issue Compact for prisoners and request for information on national PIN
       phone form;
      week 3: Issue reminders for prisoners and staff to provide assistance in completing
       forms;
      week 4-6: Chase up responses;
      week 7: Prisoners informed of changeover on unit by unit basis and move to call
       enabling commences. Legal numbers checked and where appropriate social
       numbers too;
      week 11: All new accounts set up;
      week 12: Governor checks all accounts fully set up and confirms with Deputy
       Director of Custody.

If you have any initial concerns, please speak with your Personal Officer and/or Wing
manager. Any complaints should be made in the usual way.

Signed,



GOVERNOR




PSI 24/2012                            UNCLASSIFIED                   ISSUE DATE 29/08/2012
                                               UNCLASSIFIED                   EIA                  PAGE 1


EQUALITY IMPACT ASSESSMENT


PSI 24 / 2012 THE INTRODUCTION OF MANDATORY CALL ENABLING ON THE
PIN PHONE SYSTEM IN ALL PRISON ESTABLISHMENTS

Stage 1 – initial screening
The first stage of conducting an EIA is to screen the policy to determine its relevance to the various
equalities issues. This will indicate whether or not a full impact assessment is required and which
issues should be considered in it. The equalities issues that you should consider in completing this
screening are:
   Race
   Gender
   Gender identity
   Disability
   Religion or belief
   Sexual orientation
   Age (including younger and older offenders).


Aims
What are the aims of the policy?
 Introducing the call enabling PIN phone regime for all prisoners and providing information to
 governors/staff on how to deal with inadvertent capture of LPP material.



Effects
What effects will the policy have on staff, offenders or other stakeholders?
 Prisoners currently subject to call barring (i.e. they can call anyone not barred from their
 account) will only be able to phone a maximum of 20 people after the introduction of this policy.
 It should be noted that address lists can be amended regularly. Staff will need to manage the
 system but in the future all prisoners will be subject to the same security arrangements. Staff
 will also have clear instructions on dealing with inadvertent capture of LPP material. The
 arrangements will provide greater security for communications subject to legal professional
 privilege.

Evidence
Is there any existing evidence of this policy area being relevant to any equalities issue?

Identify existing sources of information about the operation and outcomes of the policy, such as operational
feedback (including local monitoring and impact assessments)/Inspectorate and other relevant
reports/complaints and litigation/relevant research publications etc. Does any of this evidence point towards
relevance to any of the equalities issues?

 No.




PSI 24/2012                                   UNCLASSIFIED                          ISSUE DATE 29/08/2012
                                            UNCLASSIFIED              EIA                PAGE 2

Stakeholders and feedback
Describe the target group for the policy and list any other interested parties. What contact have
you had with these groups?
 Currently, there has been no consultation with prisoner groups but there will be phased
 introduction in establishments, allowing time for local consultation. Unions have been consulted
 and made some comments but are largely supportive of the planned change.


Do you have any feedback from stakeholders, particularly from groups representative of the
various issues, that this policy is relevant to them?
 As stated above, unions are largely supportive of the planned change to policy.




Impact
Could the policy have a differential impact on staff, prisoners, visitors or other stakeholders on
the basis of any of the equalities issues?
 No, all prisoners will use the same security arrangements.




Local discretion
Does the policy allow local discretion in the way in which it is implemented? If so, what
safeguards are there to prevent inconsistent outcomes and/or differential treatment of different
groups of people?
 No, there is no discretion.




Summary of relevance to equalities issues
                   Strand      Yes/No   Rationale


                    Race
      Gender (including
        gender identity)
                Disability
       Religion or belief
      Sexual orientation
           Age (younger
             offenders)
   Age (older offenders)



PSI 24/2012                                 UNCLASSIFIED                    ISSUE DATE 29/08/2012
                                                UNCLASSIFIED                    EIA                   PAGE 3

 If you have answered ‘Yes’ to any of the equalities issues, a full impact assessment must be completed.
 Please proceed to STAGE 2 of the document.



 If you have answered ‘No’ to all of the equalities issues, a full impact assessment will not be required, and
 this assessment can be signed off at this stage. You will, however, need to put in place monitoring
 arrangements to ensure that any future impact on any of the equalities issues is identified.


Monitoring and review arrangements
Describe the systems that you are putting in place to manage the policy and to monitor its
operation and outcomes in terms of the various equalities issues.
 An issue has been raised about the possible negative impact on foreign national prisoners
 where they have extended families. This will be subject to further consideration as part of the
 impact assessment for the PSI on intelligence and/or PSI on prisoner use of the telephone.


State when a review will take place and how it will be conducted.
 Annually.



                        Name and signature                                       Date

                        Barney Clifford                                          08/05/12
        Policy lead

    Head of group




PSI 24/2012                                    UNCLASSIFIED                           ISSUE DATE 29/08/2012

				
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