5. CONTACT WITH THE OUTSIDE WORLD 5.2. ACCESS TO LEGAL ADVICE, REPRESENTATION AND LEGAL AID RELEVANT RULES: ACCESS TO LEGAL ADVICE, REPRESENTATION AND LEGAL AID Rule 53: Prisoners shall have access to, or be 2. If an untried prisoner does not have a legal adviser allowed to keep in their possession without access by the prison administration, documents relating to their legal proceedings. Rule 61 1. Prisoners shall be provided with adequate opportunity, time and facilities to be visited by and to communicate and consult with a legal adviser of their own choice or a legal aid provider, without delay, interception or censorship and in full confidentiality, on any legal matter, in conformity with applicable domestic law. Consultations may be within sight, but not within hearing, of prison staff. 2. In cases in which prisoners do not speak the local language, the prison administration shall facilitate access to the services of an independent competent interpreter. 3. Prisoners should have access to effective legal aid. Rule 119: 1. Every untried prisoner has the right to be promptly informed about the reasons for his or her detention and about any charges against him or her. of his or her own choice, he or she shall be entitled to have a legal adviser assigned to him or her by a judicial or other authority in all cases where the interests of justice so require and without payment by the untried prisoner if he or she does not have sufficient means to pay. Denial of access to a legal adviser shall be subject to independent review without delay. Rule 120: 1. The entitlements and modalities governing the access of an untried prisoner to his or her legal adviser or legal aid provider for the purpose of his or her defence shall be governed by the same principles as outlined in rule 61. 2. An untried prisoner shall, upon request, be provided with writing material for the preparation of documents related to his or her defence, including confidential instructions for his or her legal adviser or legal aid provider. See also UN Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems. 315 WHY IS IT IMPORTANT? Ensuring fair trial and the rule of law The right to legal advice and representation is a basic component of the right to a fair trial as set out in Articles 9 (3) and 14 of the ICCPR. 91 Prisoners who have access to legal advice and support are more likely to be aware of, and to benefit from, the possibility of non-custodial sentences and/or alternatives to pre-trial detention, as lawyers can advocate on their behalf for such measures. Lawyers and legal aid providers therefore play an important role in avoiding the unnecessary use of imprisonment, which may reduce prison overcrowding and help to ensure efficient use of state resources. 92 Prisoners need to be able to access legal advice not only at the pre-trial and trial stages, but also for appeals and other post-trial matters, including advice on requesting early release. Both pre-trial and convicted prisoners may also require legal advice for civil proceedings, such as marriage, divorce and affairs related to childcare, as well as other personal matters concerning property and inheritance. 93 Legal advice and representation may also be sought in relation to complaints about conditions of detention, torture and other ill‑treatment, discrimination in the context of disciplinary proceedings or other matters affecting individuals as a result of their imprisonment. It should also be possible to seek legal advice for abuse that occurred before the person was sent to prison, including domestic abuse and human rights violations that took place during arrest or in police custody. 5 90 315. Ibid, Section 22.3. Guidance document on the Nelson Mandela Rules 131