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Disclaimer: This is not legal advice. Legislation and case law change. Always consult a qualified solicitor for your specific situation.

UK Law Reference
All Rights Guides
Criminal Justice

Your Rights as a Prisoner

Prisoners retain all civil rights that are not expressly or impliedly taken away by imprisonment (Raymond v Honey [1983]). This means you keep important rights including access to justice, healthcare, correspondence, and the right to be treated with dignity. The Prison Rules 1999 and the Prison Act 1952 set out the framework for prison life.

Last updated: 2026-03-01

Your Rights

Right to Legal Advice

You have the right to communicate confidentially with a solicitor. Legal correspondence is privileged and cannot be routinely opened or read by prison staff.

Prison Rules 1999, r.39; R v Secretary of State for the Home Department, ex parte Leech (No 2) [1994]

Right to Healthcare

You are entitled to the same quality of healthcare as you would receive in the community. Prison healthcare is now commissioned by NHS England. You can see a doctor, dentist, optician, and mental health services.

Prison Act 1952, s.14; NHS Act 2006

Right to Visits

You are entitled to at least one visit every two weeks (convicted prisoners) or daily visits (remand prisoners, subject to capacity). Children can visit. Enhanced status prisoners may receive additional visits.

Prison Rules 1999, r.35

Right to Complain

You can use the internal complaints system (complaint form). If not resolved, you can complain to the Prisons and Probation Ombudsman (PPO). You can also apply for judicial review of unlawful decisions.

Prison Rules 1999, r.11; Prison Act 1952

Right to be Free from Torture and Inhuman Treatment

You have the right not to be subjected to torture or inhuman or degrading treatment or punishment. This includes protection from excessive use of force, prolonged solitary confinement, and inadequate conditions.

Article 3 ECHR; Human Rights Act 1998

Right to Parole Consideration

If serving an indeterminate sentence (life or IPP), you are entitled to a parole board hearing once you have served your minimum term. The board must direct release if satisfied that detention is no longer necessary for public protection.

Criminal Justice Act 2003, s.239; Article 5(4) ECHR

Common Myths

Myth

Prisoners have no rights

Reality

Prisoners retain all rights not expressly removed by imprisonment. The courts actively protect prisoners' residual rights, including access to justice, healthcare, and protection from inhuman treatment.

Myth

Prison staff can read all your mail

Reality

Legal correspondence with solicitors is privileged and cannot be routinely opened or read. General correspondence may be monitored, but only under specific policies and not arbitrarily.

Myth

You can't challenge prison decisions

Reality

You can use the internal complaints system, complain to the Prisons and Probation Ombudsman, and apply for judicial review in the High Court.

What To Do

1

Use the Internal Complaints System

Complete a complaint form (available on every wing). You should receive a response within a set timeframe. If unsatisfied, escalate to the next level.

2

Contact the Prisons and Probation Ombudsman

If internal complaints do not resolve the issue, write to the PPO. The PPO investigates complaints from prisoners about their treatment and conditions.

3

Seek Legal Advice

Contact a solicitor specialising in prison law. Legal aid may be available for certain prison law matters, including parole proceedings and challenges to disciplinary decisions.

Key Legislation

  • Prison Act 1952
  • Prison Rules 1999
  • Criminal Justice Act 2003
  • Human Rights Act 1998

Useful Contacts

Prisons and Probation Ombudsman

Independent body investigating prisoner complaints.

Website

Prisoners' Advice Service

Free legal advice for prisoners in England and Wales.

Tel: 020 7253 3323

Website

Howard League for Penal Reform

Charity providing legal advice to prisoners under 21.

Tel: 020 7249 7373

Website

Frequently asked questions

Do I keep my civil rights while in prison?
Prisoners retain all civil rights not expressly or impliedly taken away by imprisonment. This includes access to justice, healthcare, correspondence, and the right to be treated with dignity. The Prison Rules 1999 and the Prison Act 1952 provide the legal framework for these rights, ensuring that detention does not strip individuals of fundamental protections.
What healthcare can I expect to receive in prison?
You are entitled to the same quality of healthcare as you would receive in the community. Prison healthcare is commissioned by NHS England, allowing you to access doctors, dentists, opticians, and mental health services. This right is protected under the Prison Act 1952 and the NHS Act 2006.
How often can I receive visits in prison?
Convicted prisoners are entitled to at least one visit every two weeks, while remand prisoners may receive daily visits, subject to capacity. Children are permitted to visit, and prisoners with enhanced status may receive additional visits. These provisions are set out in the Prison Rules 1999.
Can prison staff read my letters?
You have the right to communicate confidentially with a solicitor. Legal correspondence is privileged and cannot be routinely opened or read by prison staff. While general correspondence may be monitored under specific policies, it cannot be accessed arbitrarily. This protection is supported by the Prison Rules 1999 and case law.
When can I apply for parole?
If you are serving an indeterminate sentence, such as life or an IPP, you are entitled to a parole board hearing once you have served your minimum term. The board must direct release if satisfied that detention is no longer necessary for public protection. This right is protected under the Criminal Justice Act 2003 and Article 5(4) of the ECHR.
How do I complain about my treatment in prison?
You can use the internal complaints system by completing a form available on every wing. If the issue is not resolved, you can complain to the Prisons and Probation Ombudsman (PPO). You may also apply for judicial review of unlawful decisions. The PPO is an independent body that investigates complaints about treatment and conditions.