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Open Prisons

Asked by Mr Andrew SnowdenConservativeMinistry of JusticeTabled Answered 20 July 2026UIN 18214

The question

To ask the Secretary of State for Justice, what assessment he has made of the risks associated with unofficial auditors accessing the open prison estate.

Answered by Jake Richards

Any person who films, photographs, or transmits images from within a prison for reception outside the prison commits an offence under section 40D(1) of the Prisons Act 1952. A person convicted of an offence under section 40D(1) may, on conviction on indictment, be sentenced to a maximum term of two years' imprisonment, an unlimited fine, or both.

His Majesty’s Prison and Probation Service (HMPPS) has issued a number of communications to governors and staff highlighting the risks associated with filming near prisons, and providing guidance on operational practice, police engagement, and staff safety. Where footage has been posted online, HMPPS has sought its removal from the relevant social media platform.

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