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Prison book ban ruled unlawful by High Court Prison book ban ruled unlawful by High Court
(about 1 hour later)
The government's ban on sending books to prisoners in England and Wales is unlawful, the High Court has declared.The government's ban on sending books to prisoners in England and Wales is unlawful, the High Court has declared.
Under the current rules prisoners are prevented from receiving parcels unless they have "exceptional circumstances", such as a medical condition.Under the current rules prisoners are prevented from receiving parcels unless they have "exceptional circumstances", such as a medical condition.
Mr Justice Collins said he could see "no good reason" to restrict access to books for prisoners.Mr Justice Collins said he could see "no good reason" to restrict access to books for prisoners.
The Prison Service said it was a surprising judgement, and would look at how it would deal with with the ruling. The Prison Service said it was a surprising judgement, and would look at how it would deal with the ruling.
Incentives schemeIncentives scheme
The legal challenge was brought by Barbara Gordon-Jones, a life sentence prisoner at Send Jail in Surrey. The legal challenge was brought by inmate Barbara Gordon-Jones, who is serving part of her life sentence at Send prison near Woking in Surrey.
The book ban was introduced in November last year in England and Wales, as part of a scheme which limits what prisoners can receive in parcels.The book ban was introduced in November last year in England and Wales, as part of a scheme which limits what prisoners can receive in parcels.
The Incentives and Earned Privileges scheme was brought in partly as an attempt to crack down on drugs getting into prisons.The Incentives and Earned Privileges scheme was brought in partly as an attempt to crack down on drugs getting into prisons.
Prisoners had argued that books sent to them in parcels can be key to their rehabilitation.Prisoners had argued that books sent to them in parcels can be key to their rehabilitation.
Prisoners are still able to read books borrowed from a prison library - and last month the Ministry of Justice relaxed restrictions on the number of books they could keep in their cells.Prisoners are still able to read books borrowed from a prison library - and last month the Ministry of Justice relaxed restrictions on the number of books they could keep in their cells.
But it has been claimed that prison libraries are often inadequately stocked, and can be hard to access because there is not always staff available to take prisoners to them.But it has been claimed that prison libraries are often inadequately stocked, and can be hard to access because there is not always staff available to take prisoners to them.
'Unnecessary and irrational''Unnecessary and irrational'
Mr Justice Collins said: "I see no good reason in the light of the importance of books for prisoners to restrict beyond what is required by volumetric control and reasonable measures relating to frequency of parcels and security considerations."Mr Justice Collins said: "I see no good reason in the light of the importance of books for prisoners to restrict beyond what is required by volumetric control and reasonable measures relating to frequency of parcels and security considerations."
He said that the scheme referred to prisoners earning privileges, and added: "In the light of the statement made about the importance of books... to refer to them as a privilege is strange."He said that the scheme referred to prisoners earning privileges, and added: "In the light of the statement made about the importance of books... to refer to them as a privilege is strange."
A Prison Service spokesman said: "This is a surprising judgement. There never was a specific ban on books and the restrictions on parcels have been in existence across most of the prison estate for many years and for very good reason.A Prison Service spokesman said: "This is a surprising judgement. There never was a specific ban on books and the restrictions on parcels have been in existence across most of the prison estate for many years and for very good reason.
"Prisoners have access to the same public library service as the rest of us, and can buy books through the prison shop."Prisoners have access to the same public library service as the rest of us, and can buy books through the prison shop.
"We are considering how best to fulfil the ruling of the court. However, we are clear that we will not do anything that would create a new conduit for smuggling drugs and extremist materials into our prisons.""We are considering how best to fulfil the ruling of the court. However, we are clear that we will not do anything that would create a new conduit for smuggling drugs and extremist materials into our prisons."
In a statement, solicitors for Barbara Gordon-Jones welcomed the ruling.In a statement, solicitors for Barbara Gordon-Jones welcomed the ruling.
"Reading is a right and not a privilege, to be encouraged and not restricted," they said."Reading is a right and not a privilege, to be encouraged and not restricted," they said.
"Indeed, Mr Justice Collins commented that, as far as books are concerned, 'to refer to them as a privilege is strange'."Indeed, Mr Justice Collins commented that, as far as books are concerned, 'to refer to them as a privilege is strange'.
"The policy was unnecessary, irrational and counter-productive to rehabilitation. It is now rightly judged unlawful.""The policy was unnecessary, irrational and counter-productive to rehabilitation. It is now rightly judged unlawful."
The rules have been opposed by arts' figures including Poet laureate Carol Ann Duffy, actress Vanessa Redgrave and author Kathy Lette.The rules have been opposed by arts' figures including Poet laureate Carol Ann Duffy, actress Vanessa Redgrave and author Kathy Lette.
A protest was held outside Pentonville Prison in north London in March.A protest was held outside Pentonville Prison in north London in March.