HM Prison Service believes that homosexual activity in prison is illegal under the Sexual Offences Act, which requires that homosexual activity takes place 'in private'. The Prison Service classes a prison as a public place, and claims therefore that providing condoms or other safer sex materials would be condoning illegal activity.

In recent years, however, there have been some developments regarding recommendations made to the Home Secretary by the AIDS Advisory Committee.

Prisoners are now allowed to have possession of condoms while they are serving a sentence, although condoms are still not freely available as recommended by the AIDS Advisory Committee.

Following the Home Secretary's rejection of the Committee's recommendation, the Prison Service Directorate of Health Care sent out a 'Dear Doctor' briefing letter to each prison establishment, which states that doctors working in prisons have the clinical freedom to prescribe condoms, if it is felt that there is a risk to the patient of any injection.

In 1999 Glen Fielding's long campaign to make condoms available on prescription and for 'genuine' homosexuals. Many human rights observers are of the view that the current policy on condom provision interferes with fundamental human rights. As reported in Positive Nation magazine (O'Connor), prisoners report using latex gloves as condoms. In general, provision of condoms in prisons in patchy, slow and confidentiality is often compromised. Each governor runs his prison as a personal fiefdom and can make his own interpretation of guidelines.