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be prejudicial to the national safety; but the passing of sentence is required to take place in public. These provisions apply to prosecutions under section 11 (4) of the Official Secrets Act 1989 (see paras. 256-257 below).
Section 159 of the Criminal Justice Act 1988 allows for appeal to the Court of Appeal against an order restricting the access of the public to a trial.
Determination of parents' rights of access to children
225. This matter will be dealt with under article 24.
Article 15
226. The United Kingdom refers back to its initial report, and would like to add the following information about the War Crimes Inquiry.
227. On 15 February 1988, the Home Secretary appointed an Inquiry relating to allegations that persons who were now British citizens or resident in the United Kingdom had committed war crimes during the Second World War, and asked it to consider whether the law of the United Kingdom should be amended to make it possible to prosecute them for war crimes. Current legislation does not give British courts jurisdiction over murder and manslaughter committed abroad by persons who were not British subjects at the time of the alleged offences. "War crimes" were defined for the purposes of the inquiry as crimes of murder, manslaughter or genocide committed in Germany and in territories occupied by German forces during the Second World War.
228. The principle of nulla poena sine lege is contained in paragraph 1 of article 15. Paragraph 2 of article 15, however, qualifies this principle by saying:
"2. Nothing in this article shall prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles of law recognized by the community of nations."
229. The Inquiry concluded, therefore, that legislation to give British courts jurisdiction over murder and manslaughter violating the laws and customs of war in Germany or German-occupied territory during the war by those who were now British citizens or resident in the United Kingdom would not breach the principles in article 15. The Inquiry recommended that such legislation should be introduced. The Government is considering the Inquiry's report and will make a final decision on whether to introduce amending legislation after it has considered the views of Parliament. Debates are likely to be held in both Houses later this year.
Article 17
Prisoners
230. In England and Wales, Prison Standing Order 5, which sets out the rights and privileges of prisoners with regard to visits and correspondence, was revised and published with effect from April 1989. The new version of the standing order incorporates further guidance issued in 1987 and embodies additional safeguards for prisoners as against its 1981 predecessor (on which