Prisoners have the absolute right to commence legal proceedings in the courts either in person or through a solicitor.

Prisoners can conduct:

• Normal civil proceedings such as divorce or breach of contract
• Cases where the prisoner is suing the prison authorities, for example, for assault or medical negligence
• Judicial review in the High Court of an administrative or disciplinary decision that affects him or her

Access to Lawyers

Prisoners have an absolute right to have visits from and to correspond with their solicitors. It is not necessary to tell the prison authorities why contact with a solicitor is needed, nor is it necessary to make any complaint about prison treatment to the authorities before contacting a solicitor for legal advice. This right was first recognised by the ECtHR and any attempts to interfere with such access are closely scrutinised by the courts. This right is seen as part of the overall right of access to the courts and so it also includes preserving the confidentiality of any legally privileged material held by prisoners in their possession in prison.