Prison Visits

This information applies to England and Wales.

The General Rules

The rules about visiting someone in prison vary according to whether the prisoner is:-

* a remand or civil prisoner; or
* a convicted prisoner.

For the purpose of deciding which rule about visits applies, a remand prisoner is someone who is awaiting trial or who is in the middle of a trial. A civil prisoner is someone who has been sentenced for a civil offence, such as non-payment of a fine. A convicted prisoner is someone who has been tried for a criminal offence, and has been found guilty. They may or may not have already been sentenced. The rules may also vary depending on the categorisation of the prisoner.

Who can visit a prisoner

The rules about who can visit a prisoner apply to all prisoners, whether they are remand, sentenced or civil prisoners. Up to three people, not including children under ten, are allowed on each visit to a prisoner as long as they all visit at the same time. The adults can be relatives, friends or anyone caring for the prisoner’s children.

The governor has discretion to disallow any visit to or from a person under 18, if it is not in the interests of the visitor or the prisoner. It is also advisable to check with the prison whether there are other special rules relating to visits by children.

If a prisoner would like to be visited by someone other than their family and friends, they could speak to the chaplain who might be able to arrange for a prison visitor.

If you are planning to visit a prisoner you should telephone the prison first to check that the visit will be allowed.

Professional visitors

If a prisoner wants to see their lawyer, the lawyer can visit as often as necessary. A prisoner may also be visited by other people, for example, the prisoner’s home social worker or probation officer, or a hostel worker if the prisoner is to be assessed for a hostel place. Voluntary agency visitors may also be allowed to visit, for example, voluntary organisations which can help foreign prisoners. Citizens Advice Bureau advisers can also visit. These ‘professional’ visits do not affect the number of visits by friends or family.

Category A prisoners

If you want to visit a Category A prisoner you will be vetted before you are allowed to visit. The prison service will ask the police to contact you, and to interview you and report back to the prison service. Your photograph will be taken and placed on file, and your criminal record will be checked. This checking can take several weeks, and you cannot visit until all checks have been completed.

Visit’s by other people in prison

If two close relatives, or spouses, or a heterosexual couple are both in prison and wish to visit each other, this can be arranged. 'Close relatives' include a married partner and a person of the same of different sex with whom the prisoner was living in an established relationship before imprisonment. If they are in the same prison, they can apply for visits and the prison governor will decide on the frequency of visits. Visiting orders do not need to be surrendered. If the relatives are in different prisons, visits may also be allowed on application to the prison governor. Visits can take place every three months, subject to security requirements and the availability of transport and accommodation. Each prisoner must surrender a visiting order.

Prisoners in segregation

If a prisoner is in segregation the prison governor may prohibit visits from anyone until the end of the segregation period. This is unusual but can happen if the governor believes that the visit may cause problems. In such cases, if the prisoner’s visiting order has expired, they may need to apply to have the visit reinstated after the end of segregation.

Unsuitable’ visitors

If the governor considers that someone wishing to visit a prisoner is unsuitable, they have the power to refuse the visit. Close relatives who are disallowed have to be reported to Prison Service headquarters. If a prisoner considers a prison visit has been refused unreasonably, they could put in a requests/complaints form, or contact a specialist solicitor or organisation.

How to arrange a prison visit
Prisoners on remand and civil prisoners

Prisoners on remand and civil prisoners can be visited without any formal request being made. If you wish to visit a remand or civil prisoner, you will need to contact the prison to find out about visiting arrangements, as most prisons operate a booking system. Even where a booking system is not in operation, it is always worth phoning the prison to check when the prisoner can be visited.

Remand and civil prisoners are entitled to visits totalling at least one and a half hours each week, and where circumstances permit, the governor may allow more than this minimum.

If you are a relative or close friend and are unable to visit frequently, longer visits may be allowed. Such requests may be granted because you have a long way to travel, you are in poor health, you are disabled or you cannot get time off work. If a remand or civil prisoner wishes to ask for a longer visit, they should ask a member of the prison staff.

Convicted prisoners

In order to arrange a visit to a convicted prisoner, prisons issue Visiting Orders (VO’s) which a convicted prisoner must fill in. They must name everyone who is planning to visit on that occasion, and then send the VO to all the visitors.

A VO is issued to convicted prisoners when they first enter prison, and a prisoner’s family may also get an additional special visit when a prisoner first arrives in prison.

Convicted prisoners are then issued with a minimum of two VO’s every 28 days (14 days if they are under 21), allowing visits lasting for a minimum of 30 minutes. Many prisons may allow longer and/or more frequent visits. The prisoner cannot lose any of the minimum visiting rights as a punishment, although if they are segregated, visits can be postponed.

It is very important that you, as the visitor who has been issued with a VO take’s it to the prison when visiting, otherwise the prison is unlikely to let you in.

If a VO has been sent, but you are unable to make the visit, you should return the VO to the prisoner so that it can be used for someone else.

Visits in special circumstances

It is possible for extra visits (special visits) to be made in special circumstances, provided that the probation officer or personal officer confirms the need. This might be, for example, where a prisoner is seriously ill, or there is an urgent domestic crisis or if a friend or relative needs to meet the prisoner to make arrangements for bail or to stand as a surety. The prisoner should apply to their landing officer or to the governor if they need a special visit.

Saving up visits

If a convicted prisoner is held in a prison too far away from family or friends to enable regular visiting to take place, it is possible to save up visits. These are called accumulated visits. The prisoner can save up a minimum of three and a maximum of 26 visits. They can then apply to the governor for a temporary transfer to the prison nearest their family or friends, and all the saved visits are taken while they are there over a short period of time. The prisoner will then be returned to their former prison, and will be able to have more accumulated visits six months later, if sufficient have been saved. If the prisoner is in category A, they will have to use the requests/complaints form to apply for accumulated visits. All other prisoners should apply to the governor.

Telling visitors about transfers to another prison

If a prisoner has been given a visiting order (VO) in the previous 28 days and then is told that they are to be transferred to another prison, they should request as many special letters as are needed to let the visitors know. These letters are free. If there is not enough time to write, the prisoner can ask prison staff to ring anyone with a VO to tell them.

Some prisons will allow a visitor with a VO to visit the new prison, but it is advisable for the visitor to telephone the new prison to check before making the journey.

If a prisoner is a Category A prisoner, they will not be told in advance that they are being transferred. They should ask for form F1994 as they leave the prison and fill in the names of anyone who needs to be told of the transfer. Prison staff should telephone those people to inform them of the move.

If you have a wasted journey because a prisoner has been transferred, you can ask to claim your journey costs from the prison, unless the journey was already paid for by the Assisted Prison Visits Unit (APVU) - see below. If so, the prison will give you a note for the APVU to make sure you are paid for travelling to the new prison.

Telephone calls

If a prisoner is not receiving visits, they may be allowed a free telephone call instead of a visiting order. Permission will be granted if there are strong reasons for this, for example, if the prisoner’s family live overseas.

Financial help for visitors
Who can claim financial help

Financial help is available from the Assisted Prison Visits Unit (APVU) to allow close relatives and partners in the UK to visit prisoners. The APVU scheme covers visits to all convicted, remand prisoners, civil prisoners and people held in prison under the 1971 Immigration Act (see under heading The general rules). A close relative is defined as husband, wife, parent, brother, sister or child. This includes adoptive and step brothers, sisters, parents and children, and half-brothers and half-sisters. It does not include parents-in-law, brothers-in-law or sisters-in-law. Claims as a ‘partner’ will only be allowed where the relationship meets certain requirements of proof, for example, documentary evidence of having lived together for at least four months. Claims from lesbian and gay partners are allowed.

If you are the prisoner’s sole visitor, the costs of your visit may be allowed, whatever the relationship. To qualify for financial help from the APVU for visiting a prisoner you must also be:-receiving income support, income-based jobseeker’s allowance or Pension Credit; or receiving Child Tax Credit and/or Working Tax Credit with a disability element, and have income below a certain amount. You should check with the APVU to find out the current year's income figure in receipt of a Department of Health certificate (HC2 or HC3).

If you are on a low income, but you are not covered by the list above, you may still be able to get financial help, but you will need to see a specialist adviser for details of how to claim.

The address of the APVU is:-

The Assisted Prison Visits Unit
PO Box 2152
Birmingham
B15 1SD
Tel: 0845 300 1423
Textphone: 0845 304 0800

What can be claimed

You can obtain help from the APVU for a visit as soon as someone is imprisoned. It will pay for an assisted visit every 14 days. If the prison governor agrees it is necessary, it may also be possible to get financial help with the cost of extra visits, for example, if the prisoner is seriously ill.

You can claim the following expenses:-

Travel by public transport. Taxi fares will only be allowed if there is no public transport and no transport provided by the prison, or if taxi fares would be cheaper than public transport, or if there is a medical reason travel by private car or motorbike, if this can be justified, for example, if there is no suitable public transport, or if you have a number of small children if the journey cannot be completed in a day, you can claim for the cost of bed and breakfast. You may need evidence from the prison that an overnight stay is necessary meals, if you are going to be away from home for more than five hours all costs of taking dependent children including travel, meals and overnight accommodation, where necessary. If you are taking a prisoner’s child on a visit and you are not the parent of the child, you can apply for the same expenses as the parent would be entitled to if the children have to be looked after at home while the visit is made, the costs of any child care can be paid.

How to claim

Your claim should normally be made once every four weeks in advance of the visit. You can claim for two visits at the same time. You should make the first claim on Form F2022, which should be available from the Department for Work and Pensions (DWP) or the APVU by ringing 0121 626 2206. You should return the form 14 days before the visit to the APVU. If your visit has already taken place, you may still make a claim for the costs, provided that you meet all the conditions and the claim is made within four weeks of your visit.

How it is paid

The cost of fares will usually be covered by a travel warrant. This will be made out in your name, and will expire on the same day as the VO unless an overnight stay in the middle of the journey is necessary. The cost of food, meals and petrol will be paid by giro cheque. If you have borrowed the money to pay your travel costs, the claim should still be made by you, but the giro can be made out to the person from whom you borrowed the money. Only in exceptional circumstances will you be paid by cash, for example, if payment is very late.

Appeals

If your claim was refused or you feel that it was wrongly assessed, you can appeal. If you wish to appeal against a refused claim, you should consult a specialist adviser.

Financial help from other sources

If you do not qualify for help under the APVU scheme, you can apply to the probation service, who may be able to give financial assistance. In some circumstances, you may apply to the local social security office for a crisis loan to help with the cost of visits. If you are a visitor to a secure hospital and you are on a low income, you may be able to apply for financial assistance from the hospital.

Facilities for visitors

Prisons vary widely in their quality of provision for visitors. You may find it useful to obtain the following information from the prison concerned:- whether it provides written directions on how to get to the prison whether there is any special transport arranged by the prison and, if not, how to get to the prison by public transport whether there are facilities for children and, if so, what they are whether there are any facilities for eating, or preparing food and drink whether there is an outside visitors’ centre (see below) whether there are any special arrangements that need to be made when visiting, for example, booking the visit in advance or reporting to a particular gate or office whether overnight accommodation is available. Many prisons now have visitors’ centres, which are staffed independently from the prison service. The staff cannot grant visits, but can often help to sort out problems. Some visitors’ centres have a creche or play area for visitors’ children and some are able to give general information and advice.

Taking things into prison

You are generally not allowed to take anything into prison for sentenced prisoners, except letters. In maximum security prisons, permission is required for letters to be handed in, but not in other prisons, unless the prison believes that the rules on letters are being broken. Letters handed in count as part of the prisoner’s letter allowance. Money cannot ever be handed in at the prison. Before bringing items to hand in to a sentenced prisoner, you should telephone to check whether you will be allowed to hand in these items. If a prisoner is on remand, you will usually be able to take in clothing and toiletries, but not food, drink or money.

If a prisoner wants you to take things out of prison for them, they must apply for permission before the visit. You cannot take anything out of prison for another prisoner. In most prisons, you have to leave your personal possessions in lockers before you go to the visiting room. This includes things like baby changing essentials. Cameras, radios, cassette-recorders and mobile phones must be left at the main gate.

Arriving at the prison

When you arrive at the prison, you will need to hand in any visiting order at the gate. You may be asked for identification and should take with you, for example, your passport or driving licence.

Searching visitors

Every visitor, including children, may lawfully be asked to undergo a routine search both before and after the visit. The search will usually be of hand-baggage and pockets, and sometimes there may be a rub-down search (a ‘non-intimate’ search). For example, all visitors to Category A prisoners will be rub-down searched on entry and before leaving prison. Visitors, including children, may be asked to open their mouth and to remove items of clothing, for example, shoes, hats (including religious head-coverings), belts and outer garments.

If you refuse to be searched, the prison may order the visit to take place in closed conditions (a closed visit), where no direct contact is allowed between you and the prisoner. If there are no facilities for a closed visit, the visit will be refused.

If a prison officer suspects that a visitor is committing a crime, for example, taking illegal drugs or firearms into the prison, the prison can inform the police and request that the police attend to carry out a strip search on the visitor. A visitor can also be arrested and detained until the police arrive.

In some circumstances prison officers can carry out the strip search themselves. If this is carried out with more than reasonable force, or is not conducted in a ‘seemly and decent’ manner, the search is unlawful and compensation could be awarded.

If you feel that a search has not been conducted in a suitable manner, you should seek specialist legal advice.

Rules during the visit

During the actual course of the visit the following rules apply:- visits must take place in the sight and hearing of a prison officer. However, the latter does not apply to visits from legal representatives the prisoner and visitor must remain seated if the visit takes place in a visiting room. In some prisons there are special rules about this, for example, the number of chairs at a table is limited and children must be able to sit two to a chair prisoners and visitors can normally speak in any language they choose, regardless of whether the supervising officer understands it. This does not apply to Category A prisoners who will be asked to speak in English, even if English is not their first language. Interpreters will be brought in to supervise visits if a Category A prisoner cannot speak English and a different language is being spoken embracing is allowed unless the prison officer suspects that the visitor may be, for example, passing drugs to the prisoner notes can be taken during the visit, but cannot be taken out of the prison without permission smoking during visits is not generally allowed in prisons and never in youth offender institutions visits are videoed by the Prison Service. The video tapes are normally routinely erased. Where the governor suspects that a visitor has breached any of these rules, or is a threat to prison security, or if the visit is upsetting other people, s/he can cut a visit short or order closed visits, where no direct contact is allowed between visitor and prisoner, for a specified period of time.

Complaints about visits

In the leaflet ‘The Prison Service and the Citizen’s Charter’ the Prison Service states that ‘our aim is to ensure that visitors to prisons, including prisoners’ families and friends and legal representatives, are treated courteously and professionally at all times’. Some visitors have reported, however, that they have not always been treated in this way by prison staff, for example, they may feel they have been treated in a racist or homophobic way. Any complaints about unacceptable behaviour should be addressed to the prison.

If a prisoner wants to complain about treatment of one of their visitors, they could put in a requests/complaints form.