What are my rights in prison?

Being in prison restricts some freedoms, especially freedom of movement and privacy. But people in prison still have important legal rights. They must be treated with dignity and humanity, protected from unlawful discrimination, able to raise concerns, and able to obtain healthcare and legal advice.

Many day to day arrangements – including work, education, visits, phone calls, property, exercise and activities – are governed by prison rules and local arrangements. They can be limited for safety, security, discipline or practical reasons.

Being treated with dignity and humanity

Nobody may be subjected to torture or to inhuman or degrading treatment or punishment. People in prison also have rights to respect for private and family life, correspondence, religion and belief. These rights can be lawfully restricted where this is necessary for reasons such as safety, security, prevention of crime, good order or protecting other people.

The main human rights framework is the Human Rights Act 1998, which gives effect to Convention rights in UK law. In particular, see Articles 3, 8 and 9 in Schedule 1.

Healthcare and mental health support

People in prison are entitled to the same standard of healthcare and treatment as people outside prison. Healthcare is free. Prison healthcare staff assess what treatment, medication, mental health support or specialist referral is appropriate.

Ask to see healthcare staff if you are unwell, have a mental health concern, need medication, have a disability or learning difficulty, or need support for drug or alcohol use. You can usually refuse treatment if you have the capacity to make that decision.

For further information, see GOV.UK: healthcare in prison.

If you are unhappy with NHS healthcare in prison, use the healthcare complaints process. You can find out how to complain through NHS England: feedback and complaints.

Legal advice and speaking to a solicitor

You can contact a solicitor and ask for legal advice. Legal visits and legal communications have special confidentiality protections, although prison security procedures still apply.

Legal aid is not available for every issue. Whether it is available depends on the kind of case and the eligibility rules. If you need to challenge a conviction, sentence, parole decision, prison decision or treatment in custody, seek specialist legal advice promptly.

A legal adviser visiting in connection with legal proceedings should be given reasonable facilities to speak with the person in prison without being overheard, although the meeting may remain within sight of staff. See the Prison Rules 1999, rule 38.

Contact with family and friends

People in prison can usually keep in touch through letters, telephone calls, visits and, at some prisons, video calls. The prison may restrict contact where necessary for safety, security, safeguarding, prevention of crime, good order or another lawful reason.

The number and length of visits, telephone arrangements, approved contact list and video call availability vary between prisons. The prison rules allow restrictions on the length, duration and frequency of communications and visits. See the Prison Rules 1999, rules 34 and 35.

For practical information about visits, see GOV.UK: visiting someone in prison.

Religion and belief

You should be able to practise your religion or belief in prison. This can include access to chaplaincy or faith support, worship where available, religious texts and a faith related diet. Arrangements may be limited where necessary for safety, security, good order or practical reasons.

Disability, discrimination and reasonable adjustments

A prison must not discriminate unlawfully because of disability, race, religion or belief, sex, sexual orientation, gender reassignment, pregnancy or maternity, or another protected characteristic covered by the Equality Act 2010.

If you are disabled, the prison may need to make reasonable adjustments so you can access services and take part in prison life as fairly as possible. Depending on the circumstances, this could include accessible accommodation, communication support, adapted equipment, help accessing healthcare, or a change to a process.

Tell staff and healthcare about your needs in writing if you can. If the issue is not resolved, use the prison complaints process and seek specialist advice where necessary.

Education, work and training

Prisons should offer opportunities for education, training and work, but availability depends on the prison, sentence plan, security category, health, behaviour arrangements and capacity. You are not automatically entitled to a particular job, course or level of pay.

If you think you have been treated unfairly about work, pay, training or a course, raise the issue through the prison complaints process.

Property and personal belongings

When someone arrives in prison, their property should be recorded and stored safely. Rules about what people can keep, receive or send vary between prisons and may be affected by security concerns.

Keep records of valuable property and raise any loss, damage or dispute through the prison complaints process as soon as possible. An unresolved complaint about lost, stolen or damaged property may fall within the remit of the Prisons and Probation Ombudsman.

If something goes wrong: choosing the right route

A problem with the prison

For concerns about staff conduct, property, living conditions, work, visits, records, transfers or other day to day prison decisions, use the prison’s internal complaints process first. Keep copies of your complaint and any reply.

A problem with healthcare

For NHS treatment, medication or healthcare services, use the healthcare complaints route. See NHS England: feedback and complaints.

An unresolved prison complaint

After the prison’s internal complaints process has been completed, a person in prison may be able to complain to the Prisons and Probation Ombudsman. The Ombudsman can investigate certain complaints from people held on remand or serving a sentence in England and Wales. A lawyer can complain on the prisoner’s behalf. See PPO: who can complain.

Concerns about prison conditions

An Independent Monitoring Board, often called an IMB, independently monitors each prison and reports on conditions and treatment. You can raise concerns with an IMB member, but the IMB is not a replacement for the prison complaints process, the Ombudsman or a court.

If you are at risk or worried about someone else

Tell a prison officer or healthcare staff immediately if you are at risk of self harm, suicide, violence, bullying, exploitation or another serious danger. If you are worried about someone else, tell staff what you have seen or heard and ask for the concern to be recorded.

Do not wait for a written complaint if there may be an immediate risk. Ask to speak to healthcare staff, safer custody staff or a senior officer.

GOV.UK identifies protection from bullying and racial harassment among prisoners’ rights. See GOV.UK: prisoner privileges and rights.

Housing and benefits while in prison

Going to prison can affect rent, benefits and housing. Tell your landlord, local authority and benefit office as soon as possible, or ask someone you trust to help.

The rules differ for Housing Benefit and Universal Credit. They also differ depending on whether someone is on remand or serving a sentence, household circumstances, the expected length of custody, and whether the person is likely to return home.

For example, Housing Benefit may continue for up to 13 weeks for some people who are in prison and likely to return home within that period, including time spent on remand. A person on remand may be able to continue receiving Housing Benefit for up to 52 weeks in some circumstances.

Universal Credit housing cost support has different rules. It may continue for up to six months in some cases. Do not rely on a general rule about sentence length: check the current guidance and obtain advice about your circumstances.

Key points to remember

Official sources and further information

This guide provides general information, not legal advice. Prison rules and services can change, so check the current position at the relevant prison and seek specialist advice where necessary.