106Patient telephone rights

106 Patient telephone rights

(1)  A forensic patient has, and may exercise subject to and in accordance with this section –

(a) the right to make or refuse to make telephone calls; and

(b) the right to receive or refuse to receive telephone calls.

(2)  However, the rights conferred by subsection (1) may be exercised only at reasonable times and intervals determined by a responsible official.

(3)  A responsible official may refuse to allow the patient to make or receive telephone calls to or from anyone who is not a privileged caller if –

(a) the responsible official reasonably considers that there are proper grounds to do so; or

(b) in the case of outgoing telephone calls, the responsible official is aware that the intended recipient of the call does not wish to be contacted by the patient; or

(c) in the case of incoming telephone calls, the responsible official is aware that the patient does not wish to be contacted by the caller; or

(d) in the case of incoming calls, they are telemarketing, telepolling or other kinds of nuisance calls.

(4)  A responsible official may refuse to allow the patient to make or receive telephone calls to or from a privileged caller if –

(a) in the case of outgoing telephone calls, the responsible official is aware that the intended recipient of the call does not wish to be contacted by the patient; or

(b) in the case of incoming telephone calls, the responsible official is aware that the patient does not wish to be contacted by the caller.

(5)  A responsible official may require a person making or wishing to make a telephone call to the patient to provide proof of identity or status and, to avoid doubt, this applies to a privileged caller.

(6)  If a person making or wishing to make a telephone call to the patient is not a privileged caller, a responsible official may require the person to –

(a) explain the nature of the person's relationship to the patient; and