Information for prisoners and their families

There are rules about what happens when you go into prison and your rights while you’re in prison. It can be useful to know the rules about: 

• staying in contact with people outside prison 

• prison visits and financial help for prison visits 

• voting 

• making a complaint. 

Preparing to go into prison or leave prison

When you go into prison or leave prison, you and your family might have to make decisions about things like: 

• housing 

• children 

• your relationship with your partner 

• welfare benefits 

• employment 

• money and debts 

• possessions and property. 

You might need specialist advice about some of these issues. You can find a list of organisations that can help later on this page.

Independent prison monitors

An independent prison monitor (IPM) is a trained volunteer who visits prisons to check on prisoner conditions and treatment. They might talk to you to make sure: 

• your rights are protected 

• you have the support you need 

• you’re treated fairly by prison staff. 

If your prison has an IPM, you can talk to them about any issues you’re having with the prison.  

Internet and email in prison

You do not have a right to internet access, but there’s an ‘email a prisoner’ scheme. Someone can email the prison and the message will be printed off for you. You can reply if your sender has paid for a response, but you’ll need to use pen and paper for this. You can find more information about the Email a Prisoner Service  on its website.  

Letters and packages in prison

You have a right to send and receive letters and packages. You can send one letter per week which is paid for by the prison. The prison must give you a pen, paper and envelope. 

The prison can check your package for forbidden items. 

The prison can read your letters if they believe it involves criminal activity or is a threat to prison security. The prison should tell you why they are opening your letter. 

Phone calls in prison

When you come into prison you can list the numbers of 20 people or organisations you want to contact. You should include your solicitor in your list. You can only call the phone numbers on your list that the prison has approved. 

You cannot receive incoming calls. 

In addition to your 20 phone numbers, the prison will provide phone numbers for: 

• the Samaritans 

• the Scottish Public Services Ombudsman (SPSO) 

• independent prison monitors – in some prisons. 

Calls to your friends and family are not confidential, they will be recorded and might be monitored. 

Your phone use can be restricted if you: 

• damage the phone 

• make calls which threaten the security of the prison 

• make calls which threaten the health and safety of any person. 

The restriction can last for 1 month. After 1 month, the restriction will be reviewed. 

Confidential letters and phone calls in prison

Some of your communications are ‘privileged correspondence’. This means you can have confidential calls and letters with people and organisations such as: 

• your solicitor 

• courts and tribunals 

• the Scottish Legal Aid Board 

• health professionals. 

Prison visits

The rules about visiting someone in prison depend on whether you’re: 

• in prison waiting for your trial 

• a convicted prisoner whose case has been decided. 

If you’re waiting for your trial, you're normally allowed one 30-minute visit every weekday. You should ask the prison about their rules.

If you’re a convicted prisoner you're normally allowed one 30-minute visit every week or one 2-hour visit every 28 days.  

Some prisons might allow more visits or longer visits. 

The prison might make different arrangements for you if: 

• your family and friends live far away 

• you have an urgent family crisis 

• you have a serious illness. 

The governor of the prison can refuse permission for someone to visit you if they think it’s necessary, for example to prevent a crime.

If your visit is refused and you think it’s unfair, you can make a complaint. 

Video visits

You can ask for a video visit with up to 3 people at a time, in addition to your face-to-face visits. Video visits must take place within the sight and hearing of a prison officer. 

Volunteer visits

The prison chaplain or social worker might be able to arrange for a volunteer prison visitor to visit you. 

Solicitor visits

You can have a visit from your solicitor at any reasonable time. A prison officer will supervise the visit but won’t be able to hear your conversation. 

Taking things into the prison

There are strict rules on gifts that can be given to prisoners. If you’re visiting someone in prison, you should check with the prison what you’re allowed to bring before your visit. 

Financial help for prison visits

You might be able to get help with the travel costs of visiting someone in prison if you get: 

• Pension Credit 

• Income Support 

• income-based Jobseekers Allowance (JSA) 

• income-related Employment and Support Allowance (ESA) 

• Universal Credit – if your payment is £1250 a month or less, excluding the housing element. 

You can also get help if you have a HC2 or HC3 certificate through the NHS Low Income Scheme – read more about help with health costs. 

You can get help with travel costs if you’re visiting a partner, relative or someone who hasn’t had any other social visitors in the last 4 weeks. You can apply for help with the cost of prison visits on GOV.UK. 

If your claim was refused and you feel the decision is wrong, you can check your decision letter for information on how to appeal. 

If you live on a Scottish island

You can get up to £200 per year to help cover travel expenses for 2 prison visits if you live on an island in one of these local council areas: 

• Orkney 

• Shetland 

• the Western Isles 

• the Highlands 

• Argyll and Bute 

• North Ayrshire. 

You can get the payment if: 

• you’re visiting a partner, family member or next of kin 

• you’re escorting someone else on their visit – for example, a child 

• the person you’re visiting hasn’t had any other social visitors for the last 4 weeks. 

The person you’re visiting must have been in custody for 6 months or more. 

You do not need to be receiving any benefits to apply. 

You can apply for the payment in advance on GOV.UK. 

Check if you can get other financial help

You can find more information on help with the cost of prison visits on the Scottish Prison Service (SPS) website. 

If you’ve been released from prison or you’re caring for someone on temporary release, you might be eligible for a community care grant. 

You can also check if you can get help with travel costs and help with travel costs for younger people. 

Voting in prison

If you've been sentenced to 12 months or less in prison, you can vote in Scottish Parliament and Scottish local elections. This includes if you've been given two sentences of less than 12 months that run at the same time. 

Example

Example 1

Alexa was given a 6-month sentence and a 7-month sentence, to run at the same time. This is counted as a total of 7 months, so she can vote in Scottish Parliament and Scottish local elections.

Example

Example 2

Barry was given a 6-month sentence and a 7-month sentence, to run one after the other. This is counted as a total of 13 months, so he can't vote in Scottish Parliament or Scottish local elections.

There are two ways to vote from prison. You can:

• apply to vote by post

• appoint someone to vote for you - this person is called your proxy.

You can't vote in person at a polling place from prison.

If you're in prison you can't vote in UK general elections.

Other prison rules

Prisons have other rules about: 

• time out of your cell 

• searches, restraint and segregation 

• discipline and punishment 

• different types of prisoners – for example, female prisoners and foreign nationals. 

You can read more about the prison rules on the Scottish Prison Service website. 

Making a complaint in prison

Who you complain to depends on what the complaint is about. 

For most issues you should use the prison’s internal complaints procedure. You can make your complaint by speaking to the residential first line manager (RFLM) or by completing a prisoner complaint form. 

You can complain directly to the governor if your issue is sensitive or confidential, for example if it’s about: 

• bullying 

• discrimination 

• assault 

• use of force. 

You could also consider writing to your MSP. 

You can get help to write a complaint from a prison officer, another prisoner or an independent prison monitor. 

If you disagree with the outcome of your complaint

If you’re not happy with the outcome of your complaint, you can appeal to the prison’s internal complaints committee (ICC). The ICC is appointed by the governor and should have 3 members. 

If you disagree with the decision of the ICC, you can complain to the Scottish Public Services Ombudsman (SPSO). Find out how to complain to the SPSO on their website.

Other complaints

If you have a health complaint, you should use an NHS complaint form. 

You should write directly to the Scottish government if you want to: 

• be moved to another prison 

• be repatriated to your own country 

• complain about the prison governor. 

Find out how to contact a cabinet secretary or minister on mygov.scot. 

Useful organisations

There are a number of organisations that provide practical and emotional support for prisoners and their families and friends. 

Apex Scotland

Apex Scotland is an employment and training organisation working with offenders, ex-offenders and young people at risk. They provide services across Scotland. 

Find out what’s available in the local area on the Apex Scotland website. 

CPAG

CPAG is an organisation that gives advice and training about welfare rights. They have information about benefits and financial help for prisoners and their families.

Read more about benefits for prisoners and their families on the CPAG website.

Family Holiday Charity

The Family Holiday Charity provides grants for families to go on holiday. This includes those with a family member in prison. Applications must be referred by a social worker, welfare agency or voluntary organisation.

Families Outside

Families Outside is a charity that runs a free, confidential helpline for friends and families of people in prison. It provides practical help, support and advice. 

Find out more about the charity on the Families Outside website. 

Insidetime

Inside time is a national newspaper for prisoners. Find out more about prisons and prison services on the Insidetime website. 

Joint Council for the Welfare of Immigrants (JCWI)

JCWI offers help, information and advice to prisoners who are experiencing immigration law problems including the threat of deportation. 

Find out more about the organisation and how it can help on the JCWI website.

Miscarriages of Justice Organisation Scotland (MOJO)

MOJO provides free and impartial expert advice to individuals who are suffering because of a miscarriage of justice.

Prison Reform Trust

The Prison Reform Trust is a charity that acts as a watchdog on the prison system. It provides advice and information to prisoners and can help with complaints.

SACRO

SACRO provides a range of criminal justice, youth justice and mediation services. All SACRO services exist to promote safe and cohesive communities by reducing conflict and offending. 

Find out more about the services available on the SACRO website. 

Upside

Upside is a national throughcare service available throughout Scotland. It's run by a number of organisations to provide practical and emotional support to people in short-term custody or remand so they can transition to community life.

Find out more about the service on the Upside website.

Scottish Prison Service

There is information about prison locations, travel directions for visitors and visiting times on the Scottish Prison Service website.