Rights of Prisoners

People in prison lose their liberty, but they do not lose every right. In England and Wales, prisoners keep core legal protections — including protection from inhuman treatment, access to healthcare, contact with a lawyer, and routes to complain — while some rights, such as voting in most elections, are restricted by law. This guide is general orientation for families and the public, not legal advice.

United States prisoner rights follow the US Constitution, federal law, and state rules. Do not treat England and Wales rights as a US rulebook.

GOV.UK summarises the basics on Prisoner privileges and rights. Day-to-day rules come from the Prison Rules 1999 and HMPPS policy. Find a specific establishment in the Prison Finder.

What rights do prisoners keep?

The starting principle is that imprisonment takes away liberty, not humanity. Rights that are not necessarily removed by being in custody continue, although prisons can limit how they are exercised for security, safety, and good order. GOV.UK lists protection from bullying and racial harassment, being able to contact a solicitor, and healthcare (including support for mental health) among prisoners’ rights, and says prisoners should be able to spend between 30 minutes and an hour outside in the open air each day.

Human rights in prison

The Human Rights Act 1998 applies to prisons in the UK, so European Convention on Human Rights protections reach people in custody. In practice the most relevant are the right to life (Article 2), which requires authorities to take reasonable steps to protect prisoners, including from self-harm; the ban on torture and inhuman or degrading treatment (Article 3), which sets minimum standards for conditions; the right to respect for private and family life and correspondence (Article 8); and freedom of religion (Article 9). Courts weigh many of these rights against legitimate prison needs, so “a right” in custody is often a protection against unjustified restriction rather than an unlimited entitlement.

Internationally, the United Nations Nelson Mandela Rules set out minimum standards for the treatment of prisoners. They are guidance rather than directly enforceable UK law.

What rights do prisoners lose?

Liberty is the obvious loss. Freedom of movement, free choice of association, and private possessions are limited by prison rules. Contact is controlled: letters can be checked, most phone calls can be listened to and recorded, and visitors must be on an approved list. Breaking prison rules can lead to punishments — GOV.UK says these can include being kept in cell for up to 21 days, up to 42 extra days added to the sentence, or loss of privileges.

Can prisoners vote?

Under section 3 of the Representation of the People Act 1983, a convicted person detained in prison under their sentence cannot vote in UK parliamentary or local government elections. People held on remand who have not been convicted are not covered by that ban. Scotland has made an exception for local elections where the sentence is 12 months or less, so rules can differ by election and nation.

The European Court of Human Rights ruled in Hirst v United Kingdom (No. 2) that a blanket ban breached the Convention; the UK’s response was a limited change rather than general prisoner voting. In the US, voting rules for people in prison and after release vary by state.

Legal advice and confidential correspondence

Prisoners can contact and be visited by legal advisers, and can challenge decisions through the courts, including by judicial review. Prisons cannot open letters from solicitors and courts except in special cases — for example if staff suspect a letter is not really from a legal adviser. Calls to a legal adviser are among the calls that are not monitored.

Family contact

Contact with family is protected but controlled. Letters, prison phone calls, video calls in some prisons, and social visits are the main routes. GOV.UK says a convicted prisoner is usually allowed at least two 1-hour visits every 4 weeks, and a prisoner on remand three 1-hour visits a week; incentives schemes can add more, and visits can be restricted for security reasons.

For booking steps, see how prison visits work and what you can bring on a visit. Daily routine and privileges are covered in life inside prison.

Healthcare

GOV.UK says prisoners are entitled to the same standard of healthcare and treatment as anyone outside prison. Treatment is free but must be approved by the prison’s healthcare team, and serious cases can be referred to an outside hospital. In England prison healthcare is commissioned through the NHS; in Wales it is the responsibility of local health boards. Waiting times and local services still vary.

Religion, education, and work

Prisoners can practise their faith, with access to chaplaincy, religious texts, and faith-based diets where practicable. Most prisoners get an individual learning plan and can access courses from basic skills to distance learning, and many are expected to work. Places and pay depend on the prison.

Complaints and independent oversight

A prisoner who thinks their rights have not been respected should normally use the prison’s internal complaints system first. If that does not resolve it, many complaints can go to the independent Prisons and Probation Ombudsman. Each prison also has an Independent Monitoring Board of unpaid volunteers, and HM Inspectorate of Prisons inspects and publishes reports on conditions.

Official routes: the Prisons and Probation Ombudsman, Independent Monitoring Boards, and HM Inspectorate of Prisons. If you are worried about someone’s safety now, tell staff or contact the prison’s Safer Custody team — find the right establishment first in the Prison Finder.

Sentences and categories

What rights look like day to day can change with security category and sentence stage. See prison categories explained and how prison sentences work.

US prisoner rights (high level only)

In the US, prisoner rights come mainly from the Constitution (for example the Eighth Amendment ban on cruel and unusual punishment), federal statutes, and state DOC or federal Bureau of Prisons policy. Grievance procedures and voting rules differ by system and state.

Locate the facility via the Prison Finder before relying on general advice.