Going to prison strips you of liberty, but it does not strip you of every right. The Prison Rules 1999, the Human Rights Act 1998 and the Equality Act 2010 all continue to apply inside. This guide sets out the rights you can rely on from your first day in custody in England and Wales, and how to enforce them when staff get it wrong.
Healthcare
You are entitled to a standard of healthcare equivalent to that available in the community. From the moment you arrive you can:
If your medication is stopped or changed in reception, ask for the clinical reason in writing. If you disagree, you can complain through the prison's healthcare complaints route, which sits separately from the general prison complaints system.
Legal Advice and Confidential Calls
You have the right to confidential, unmonitored contact with your legal adviser. Calls to numbers on your legal contacts list are not recorded. Legal correspondence (marked as Rule 39 mail) cannot be opened or read by staff unless there is a specific authorised reason.
You can apply for legal aid for criminal appeals, prison law matters such as adjudications and parole, and certain civil matters. The prison's legal services officer can help you contact a solicitor.
Religion and Belief
The chaplaincy team must support you in practising your faith — or none. You are entitled to:
The chaplaincy is also a useful pastoral resource regardless of your beliefs and is often the easiest team to reach in the first week.
Visits, Letters and Phone Calls
As a sentenced prisoner you are entitled to a minimum of two one-hour visits every four weeks; remand prisoners have wider entitlements. You can send and receive letters in any reasonable quantity. Phone calls are made on a PIN system once your contacts are approved.
Mail can be opened and read for security reasons except legal and confidential access correspondence (for example to the Prisons and Probation Ombudsman, the Parole Board or your MP).
Searches and Personal Privacy
Staff may search you, your cell and your property. Strip searches must be carried out by officers of the same gender, out of sight of anyone not involved, and only when justified. Intimate body searches require specific authorisation and a medical professional.
You are entitled to a written record of any cell search if you ask for one, and to be present during it where operationally possible.
Complaints and Independent Oversight
If something goes wrong, the routes are:
Discrimination complaints under the Equality Act use a separate DIRF form and must be investigated.
Adjudications and Discipline
If you are accused of a prison offence you have the right to:
Never plead guilty at an adjudication without thinking carefully. Added days, loss of canteen and loss of association are all real consequences.
Frequently Asked Questions
Can I vote from prison?
Most sentenced prisoners in England and Wales cannot vote. Remand prisoners and civil prisoners can, by postal or proxy vote, but must register first.
Am I entitled to time out of my cell?
The Prison Rules require a minimum daily provision of exercise in the open air, healthcare access and time for hygiene. Beyond that, regime varies between prisons. Sustained lockdowns can be raised with the IMB.
Can staff read my letters home?
Routine mail can be read for security reasons. Legal mail and confidential access correspondence cannot be read, only checked for contraband in your presence.
What if I am treated differently because of my race, religion or sexuality?
Submit a DIRF form. The prison must investigate. You can also complain to the Equality and Human Rights Commission and, ultimately, bring a county court claim.
Do I have a right to in-cell electricity and a TV?
In-cell electricity is standard. In-cell television is a privilege under the Incentives and Earned Privileges scheme and can be removed for poor behaviour, subject to a fair process.
*Last updated: June 2026.*