How to Send Legal Mail to Prisons Securely and Ensure It’s Treated as Confidential
If you’re trying to send legal mail to someone in prison, it might feel overwhelming at first. There are rules to follow, specific labels to use, and security measures to respect. Whether you’re a lawyer, a legal representative, or a concerned family member handling confidential papers, it’s important to know the right way to do it.
This guide breaks it all down simply—step by step—to help you send legal mail securely and make sure it’s handled the right way by prison staff.
Ready? Let’s dive into how to send legal mail to prisons in England and Wales.
What Is Legal Mail?
Before we jump into the how-to, let’s first understand what legal mail actually is.
Legal mail (also called “privileged mail”) is sent between:
- Prisoners and their legal advisors
- Prisoners and specific legal organisations
This mail is treated differently from regular post. Why? Because it could contain private legal conversations, documents, or sensitive information that shouldn’t be read by prison staff.
So, it gets extra protection. But—there’s a catch. It only gets this protection if you follow the correct process.
Who Can Send Confidential Legal Mail?
Only certain people or organisations are authorised to send legal mail that will be treated as confidential. These include:
- Solicitors, barristers, and registered legal executives
- Legal advisers or assistants working under a licensed or registered legal professional
- Certain legal bodies, like the Law Society or the Legal Ombudsman
If you’re not sure whether you qualify, it’s a good idea to check beforehand. Sending mail as “legal” when it doesn’t qualify could lead to delays—or worse—it might not be sent at all.
Why Does It Matter Whether It’s Legal Mail?
Here’s the key difference:
Legal mail is opened in front of the prisoner but NOT read by staff. This protects the privacy between the prisoner and their legal representation.
But regular mail? That can be opened and read by prison staff at any time.
If your mail is eligible to be treated as confidential, but you don’t properly mark it, it may end up being handled like regular mail. And that defeats the whole purpose.
So let’s make sure you’re doing it the right way.
How to Mark Your Mail as Legal
This is one of the most important steps. You need to clearly label the envelope, so prison staff knows it should be handled securely.
Here’s what to do:
On the front of the envelope, write:
- ‘Private and Confidential: Legal Correspondence’
Then underneath that, include these details:
- Name and job title of the legal sender (for example: Jane Doe, Solicitor)
- The name of the law firm or organisation
- The full return address of the sender
All this information must be correct and clearly visible. If anything is missing or unclear, it could lead to delays—or your mail might be opened without the prisoner present.
Example Envelope
Here’s a sample layout for your envelope:
Private and Confidential: Legal Correspondence John Smith, Solicitor Smith & Partners LLP 1 Legal Street London EC1A 1AA
Make sure the prisoner’s name and prison number are also correct and clear on the envelope.
Can You Email Legal Mail Instead?
Yes, legal mail can also be sent electronically—but only through the EMAP (E-mail a Prisoner service). That said, not all prisons allow legal contact through this method, and the rules are a bit stricter.
Legal professionals have to register for a secure EMAP account, and the email still needs to follow all necessary confidentiality rules. If you’d rather be sure that your message is treated properly, traditional post is usually recommended for important legal documents.
What Happens When Legal Mail Arrives at the Prison?
Once your envelope arrives, here’s how it’s handled:
- Prison mail staff check the envelope for the required markings.
- If it’s labelled correctly, they’ll arrange for it to be opened in front of the prisoner.
- Staff can inspect it for things like contraband—but they’re not allowed to read or copy the content.
If your letter doesn’t have the proper labels, it could be opened out of sight or even withheld. That’s why getting the packaging right really matters.
Things You Should Never Do When Sending Legal Mail
Let’s go over some common mistakes that can lead to legal mail being treated like any other post—or worse, rejected:
- Don’t forget to label it as ‘Private and Confidential: Legal Correspondence’.
- Don’t use fake or incorrect return information—this could lead to serious security issues.
- Don’t include things that aren’t related to legal matters, like personal letters or items.
- Don’t try to use legal mail to bypass rules. Staff are trained to spot misuse, and it can result in serious consequences for both senders and recipients.
Remember: Legal mail is a privilege, not a loophole. It’s there to protect legal rights—not to get more personal notes through.
Real-Life Example: Avoiding a Simple Mistake
Let’s say Sam, a solicitor, was sending key case notes to a client named Mike in prison. She carefully wrote the letter, enclosed the documents, and sent them off—but forgot to put “Private and Confidential: Legal Correspondence” on the envelope.
What happened? The mail was opened as regular post—not in Mike’s presence. This meant private, sensitive legal content might have been read without permission.
A simple labeling mistake created a big problem.
Don’t let that happen to you.
How to Know Which Legal Bodies Can Send Legal Mail
If you’re an organisation or government body and want to confirm your eligibility to send privileged legal mail, you’ll need to check the approved list. The prison system maintains a database of:
- Official legal bodies
- Ombudsman services
- Regulators
If your group isn’t on the list but falls within similar functions, you can contact the Prison Service to apply for inclusion.
What If You Think Your Legal Mail Was Mishandled?
Sometimes, despite doing everything right, you might suspect that your mail was opened, delayed, or read without consent.
In these cases, you or the prisoner can file a complaint with the prison. In more serious instances, you can also contact:
- The Independent Monitoring Board (they oversee fairness in prisons)
- The Prisons and Probation Ombudsman
It’s important to keep a record of what was sent, when, and how it was labeled.
Final Tips for Sending Legal Mail to Prisons
Let’s wrap up with a few quick takeaways:
- Always include your name, title, and a clear return address on the envelope.
- Use ‘Private and Confidential: Legal Correspondence’ on the front—and make it obvious.
- Double-check the prisoner’s name, prison number, and the facility’s address.
- Stick to strictly legal content—don’t mix legal and personal items.
By following these steps, you protect the legal rights of the person inside and ensure your mail reaches them safely, securely, and confidentially.
Still need more details? You can read the full government guidance on sending legal mail to prisons here.
Conclusion
Sending legal mail to prisons is a crucial responsibility. Whether you’re representing a client, supporting someone in custody, or providing official documents on behalf of a legal body, following the proper procedure ensures that information stays private and rights are respected.
Think of it like handing over a sealed envelope directly into someone’s hand—you want to be absolutely sure it’s treated the way it should be. With a little care and attention, your letter can get through the prison gates securely and respectfully.
Stay informed. Stay professional. And most importantly—protect confidentiality.