Question
I am a trainee solicitor working in the criminal department of my firm. I need to write to my client, who is presently on remand in Wormwood Scrubs. How can I be sure my letters reach him without being opened?
Answer
A solicitor's letter should not be opened and read by the prison authorities if it is posted inside a double envelope. The outer envelope should be addressed as normal to your client; the inner unstamped envelope should be marked clearly 'Prison Rule 39' (or YOI (Young Offender's Institute Rule 14 if addressed to a young offender). The inner envelope should also be marked with the client's name and prison number, if known, address and telephone number of the solicitor's office; a reference number, if possible and the signature of the solicitor. Mail clearly marked in this way will be regarded as legally privileged and passed to your client unopened unless a governor suspects that it is not actually privileged. See the Law Society's Criminal Defence 3rd Edition which may be purchased from our online bookshop at
www.lawsociety.org.uk/bookshop.