Social Visit Analysis

Prison Service Order (PSO hereinafter) 4410 notes that the refusal of a social visit “should be proportionate, taking account of Convention rights particularly art.8.” Similarly, the Prison Service Index (PSI hereinafter) 20/2006 makes clear that any decision to allow only closed visits must be proportionate. Paragraph 3.6 of the PSI 20/2006 deals with the circumstances in which a visit should be stopped, and notes that stopping a visit is “a very serious measure” and should “not normally be necessary” except in certain circumstances.

The extent to the protection of the rights of visitation is notable in PSO 3610 which deals with “Measures to Deal with Visitors and Prisoners who Smuggle Drugs through Visits.” The PSO provides that ban on visits should not be imposed, even if a visitor and prisoner have been found to have trafficked drugs, where that would cause disproportionate harm to family life under Art. 8. A restriction of such a visitor may arguably be justified under the scope of Art. 8.2 ECHR since the restriction of visitation rights of a drug smuggler could be proportionate for the maintenance of law and order.

Whilst PSO and PSIs are non-statutory guidance, it has been held in EC Gransden and Wilson, that a breach of non-statutory guidance, without good reason, is unlawful.

Once can infer from legislation, judgments

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