‘Judge not lest ye be judged’ Terry Waite

the National Newspaper for Prisoners A ‘not for profit’ publication / ISSN 1743-7342 / Issue No. 146 / August 2011 60,000 paper copies distributed monthly plus a 77,000 monthly online readership / www.insidetime.org

.................................. page 34

scottish focus pages 18-19

‘Jewel in the crown’ According to the Prison Service Latchmere House is one of the best, so why close it? By Noel Smith

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Photo courtesy of BBC Scotland

BBC Reporter Mark Daly filmed during the making of the TV investigation into the convictions of prisoner Colin Norris (inset). The BBC was first alerted to the case by Inside Time’s miscarriage of justice unit, Inside Justice. Louise Shorter reports page 11

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n the 13th of July the Lord Chancellor and Secretary of State for Justice, Kenneth Clarke, announced the closure of two prisons - HMP Latchmere House and HMP Brockhill - and the tendering for privatisation of eight other public sector prisons. The two closures will provide estimated cost savings of £4.9 million this year and an ongoing annual saving of £11.4 million, but In the same month that the prison population reached a new record high of 85,578 (only 2,500 spaces away from an operational capacity of 88,078) the closure of these two prisons and the loss of 377 prison places would seem to be something of a false economy. The closure of HMP Latchmere House, in particular, seems to fly in the face of Mr Clarke’s ‘Rehabilitation Revolution’ given that it is the ‘jewel in the crown’ of the resettlement estate and is one of the few prisons in this country that has had some success in getting prisoners into real employment in the outside world. The cost of keeping a prisoner at Latchmere is less than half of what it costs to keep someone in closed conditions, and the reoffending rate is less than 6% compared to an average of 40-60% in other prisons. Continued on page 11

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If you would like to contribute to Mailbag, please send your letters to ‘Mailbag’, Inside Time, Botley Mills, Botley, Southampton, Hampshire SO30 2GB.

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My 52nd letter ... and still no reply

the national newspaper for prisoners published by Inside Time Limited, a wholly owned subsidiary of The New Bridge Foundation, founded in 1956 to create links between the offender and the community.

In August last year, Inside Time published my letter in support of the ‘Letter A Week’ campaign, in which I encouraged family and friends of Prisoners Maintaining Innocence (PMIs) to write every week to Kenneth Clarke, Secretary of State for Justice. The shameful truth is that the criminal justice system is convicting and imprisoning the innocent with great regularity and, whilst I fully support all PMI campaigns, this one particularly highlights the plight of those PMIs convicted of historic sexual offences.

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........................................................................................................... Jenny Richards - wife of a prisoner maintaining innocence

In my weekly letters to Mr Clarke, I have urged him to repeal Sections 32 & 33 of the Criminal Justice and Public Order Act 1994. Those Sections removed the requirement for proof of guilt in accusations of rape and other sexual offences claimed to have taken place decades previously, resulting in many innocent elderly men being sent to prison, usually for the first time in their lives. My letter attracted a number of online comments from people keen to support this campaign. I also contacted several others who I knew to be supporting friends or family members similarly affected by this type of false accusation, and they all agreed to take part. After all, the newly-elected Cameron & Clegg alliance was encouraging us to tell the ‘Listening Government’ how we thought our laws should be changed for the better, so we were hopeful that someone would take notice. A year later I’m still writing them - I even wrote on Christmas Day and New Years Day - and I’ve just posted my 52nd letter! In case you are wondering, NO, I haven’t had a single reply, not so much as a standard acknowledgement from the MoJ office junior! What happened to the 52 letters I sent? Are they in a heap in a dusty corner? Used as scrap paper? Or have they gone through the Ministry shredder? One thing is certain: Kenneth Clarke, like the rest of the government, isn’t listening!

Robbery behind bars

....................................................... Paul Bowles - HMP Blundeston I write regarding a pressing problem here at HMP Blundeston, and potentially in other prisons, concerning the treatment of prisoners who have been the victim of robbery and bullying whilst in prison. The way they deal with the victims in these cases is to isolate them in the segregation unit, which means a loss of privileges, television, etc – in fact the very regime you might expect the perpetrators to be placed in rather than the victim. This treatment of victims brought HMP Blundeston to the attention of the media on 3-7-11 and the prison’s response was ‘We are making changes’. I would like to clarify that this is NOT the case. Earlier this month I was robbed by several masked prisoners. I could not identify any of them because they wore balaclavas. When I reported it, I was told that I had to go on Rule 45 segregation, or live in fear of reprisals amongst the same men who had robbed me. The officers agreed I was ‘in danger’. I the victim was punished whilst the perpetrators are free to carry on as normal. If the Criminal Justice System was run along these lines then all victims would be locked up in prison and the criminals left free!

What’s the point of prison numbers?

....................................................... Paul Hart - HMP Littlehey I was recalled to prison in November 2008 for going onto the internet via my mobile phone, although my license contained no such restriction. On the 13th of November 2009 I had an oral hearing in front of the Parole Board and I was told that I would have a yearly hearing for as long as I remained inside. So I should have had an oral hearing in November 2010, but it never happened. I wrote to the Parole Board asking why the delay, and received a letter back from them stating that I had written to them saying I was happy in prison and that I didn’t want my hearing! Obviously I wrote back denying I had said any such thing and asking for a copy of this letter. They eventually replied saying – ‘I am sorry for this trouble but I got you mixed up with another prisoner named Hart’. The thing is, if there are two Hart’s in one jail there is no way we can have the same prison number, that would be just too much of a coincidence, so why don’t they check our numbers, I thought that’s what they were for. To top it all, the other Hart has now moved onto my wing. Whatever next?

Brass neck!

....................................................... David Silver - HMP Gartree Is it just me or has the whole world gone crazy? As I write, David Cameron has just been at a press conference lecturing the Chinese Prime Minister about human rights abuses! Who the hell is David Cameron to lecture China on human rights abuses when his own government continue to perpetrate abuses against its own citizens? I am, of course, talking about the prisoners’ right to vote. Whether Mr Cameron or anyone else for that matter agrees that prisoners should have the right to vote is irrelevant. A court set up to define and protect human rights all across Europe has unanimously declared that the right to vote is a fundamental right that should only be taken away in exceptional circumstances. Yet Mr Cameron’s government continue to look for ways of avoiding this judgement and depriving citizens of what has been declared a fundamental right. I may just send the Chinese Premier a letter telling him about Mr Cameron’s own selective observations of internationally agreed human rights. Next time they meet maybe Wen Jiabao will ask why Britain thinks it can choose which human rights it wants to observe or disregard, though China cannot.

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Where’s the equality? ....................................................... John F Kelly - HMP Garth The avoidable long term torture and murder of vulnerable adult Michael Gilbert by members of a family in Luton, totally disregarded by three different police authorities and other agencies, is criminal in every regard. Truly, it is indicative of a wilful blindness, rampant throughout every police force, towards male victims of domestic violence. In 1998 the Home Office Study 191 was published wherein it was revealed that 4.2% of women were victims of domestic violence, and 4.2% of men were victims. That is equal numbers of male and female victims. Effectively this report announced that this is not a gender problem but a societal problem. During 2006 we saw publication of the Dutton Report, which reinforced the findings of Study 191, whilst adding considerably to peoples understanding of the dilemma. Given these heavily researched documents, your item on domestic violence (P11, July issue) talks of the escalating prosecution of women perpetrators, which now stands at 4,000. Set this figure against the 55,000 male prosecutions and in light of these figures there remains a long way to go yet before we achieve the correct balance. More women need to face prosecution if the 1974 Equality Act is to be upheld. ‘What is available for one sex has to be available equally for the other’. Despairingly, the overwhelmingly hyped belief in men as perpetrators and women as victims affords a staggering proportion of false allegations to be simply nodded through the family courts without a need for evidence. Thus men are being denied access to their children, and vice versa. Therefore your front page story ‘Is jailing so many women criminal?’ (July issue) would seem to fly in the face of the 1974 Equality Act. For an example of this blatant non-prosecution of women one need only look at Ms Rebekah Brooks (nee Wade), one-time partner of actor Ross Kemp and perpetrator of a violent and bloody assault on him. Remember the pictures of his bloodied face all across the media? Yet Ms Brooks (once again) was not prosecuted. So I ask you – where is the equality?

If you would like to contribute to Mailbag, please send your letters to ‘Mailbag’, Inside Time, Botley Mills, Botley, Southampton, Hampshire SO30 2GB.

Star Letter of the Month Congratulations to Darel Black-Rose - HMP Stocken who wins the £25 cash prize for this month’s Star Letter

An open letter to the prison population

..................................................... Darel Black-Rose - HMP Stocken Often we are seen as worthless scum, crooks, degenerates, idiots and cheats. We’ve done wrong and we know it but sometimes we act as though we don’t care and that it’s everyone else’s fault. We most times see authority as something to be challenged, and we do this because we get the message that authority, society, and in particular the media refuses to see any good in us at all. But I see things differently. When I look around prisons I see a lot of essentially good people. We see what is going on in the world through our £52 per year small-screen televisions and know that there are children dying of starvation in Somalia and the Horn of Africa. The government has protected overseas aid in spite of our own country’s financial situation and Britain is leading the way with interna-

tional assistance for countries worse off than ourselves. As much as some people around the world may hate us, our country is rolling up its sleeves and helping others even in these tough times. And even we, as disenfranchised prisoners, can join in and try to raise money to send to the aid effort. We should be supporting charities that benefit not only our country but those abroad who are in need, because who cares what ‘society’ (some parts of it, anyway) think, we are capable of accessing the good inside of us. So what we need is for some of you out there to organise fundraising in your prisons and encourage others to donate. After all, we’re pretty well off with our 3 meals a day and £10 per week wages compared to some poor souls in this world. Forget what society thinks, it is time to move forward. I can help and will send out a charities donation pack to anyone who gets in touch. Let’s make a difference!

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Contents Mailbag ........................... pages 2-9 Newsround ................... pages 10-15 Diary ......................... pages 16-17 Scottish Focus ............. pages 18-19 Comment ................... pages 20-32

 The rise, impact and hopeful death of IPPs ..................................................... page 31

Psychology Q&A .................... page 33

Editorial Note: Point well made Darel. We’ll donate your £25 winnings to charity!!

Views expressed in Inside Time are those of the authors and not necessarily representative of those held by Inside Time or the New Bridge Foundation. Our new regular feature in which Dr Peter Pratt and Dr Terri Van-Leeson answer your questions on psychology matters.

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Thoughts for the Day ............ page 34 Family Welfare .................... page 35 News from the House .. pages 36-37

• Appeals Against Conviction • Appeals Against Sentence • Appeals Against IPP Sentence • Appeals Against Life Sentence • Parole Board Representation

Legal Comment .................. page 38

• Adjudication Representation • Re-Categorisation • Human Right/Judicial Review Issues • Magistrate/Crown Court Representation • Mental Health Tribunal Representation

Health ........................ pages 44-45

Legal Advice ................. pages 39-41 Legal Q&A ................... pages 42-43

(Oral & Paper Hearings)

Wellbeing ......................... page 46 Astrology ............................. page 47

Sec. 2, 3, 37, 37/41,47/49,48/49 & C.T.O. Appeals etc

Book Reviews ............... pages 48-49 Inside Poetry ................ pages 50-51

helping people to live crime-free lives

support and training for • accommodation, prison leavers wanting to resettle crime-

Jailbreak ..................... pages 52-56

free centres across England (including • project drug rehabilitation and women’s projects)

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looking ahead September / Poetry Supplement October / Short Story Supplement November / Inside Art supplement

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If you would like to contribute to Mailbag, please send your letters to ‘Mailbag’, Inside Time, Botley Mills, Botley, Southampton, Hampshire SO30 2GB.

Insidetime August 2011 www.insidetime.org

Rehabilitation of Offenders Act 1974 flawed?

Keep them alive

Ian Hitchings - former prisoner

Piers Ravenhill - HMP Edmunds Hill

........................................................................................................... Rehabilitating offenders needs a legislative framework. Thirty five years ago the minority Labour government led by the then Prime Minster Harold Wilson accepted this principle. With the full support of all the other political parties, the act was enacted in 1974. At that time, it broke new ground but looks antiquated nowadays. The classes of offender who can have their convictions “spent” are far too limited in today’s society and the period after which rehabilitation can be earned is absolutely ridiculous and far too long. Whilst the current government recognises an overhaul of the law is well overdue, they appear to be doing very little or nothing to progress it. A report published in 2002 made sound proposals for reforming the Rehabilitation of Offenders Act 1974. They would have substantially increased employment opportunities for ex-offenders without increasing risks in the areas such as national security, child protection and positions of trust, all of which can be covered by exceptions. Yet, somewhat mysteriously, these reforms have never been implemented and have merely been brushed under the carpet. The failure to reform the act has undoubtedly contributed to our stubbornly high national rates of reoffending. Ex-prisoners feel intensely frustrated by the frequent failure even to be interviewed for job vacancies. Many believe they never stand a chance once they reveal that they have just been released from prison and so have a criminal record. Whilst such disclosure is required by law, until such time as a conviction becomes “spent”. Under the current act there is in force a 10 year rehabilitation period. But what many prisoners don’t seem to realise is that some convictions can never be spent, simply due to the fact the act only applies to those prisoners who have received a custodial sentence of less than two and a half years. Such an arbitrary cut-off period is irrational in today’s world of ever lengthening sentences. It clearly discriminates and permanently excludes thousands of non-reoffending former prisoners from legally being entitled to rehabilitation. There is no doubt in my mind whatsoever, it would have been much fairer to implement recommendations that all convictions could ultimately be “spent” and the length of the qualification rehabilitation timetable would be exactly the same as when the offender has successfully completed their period of supervision by the Probation Service. If as a responsible society we are seriously interested in offering offenders a fresh start in life, together with the employment opportunities which they rightly deserve, then the government needs to go much further than the cautious modifications of the recommendations in 2002.

Please send in your short stories for our ‘Inside Stories’ supplement in October.

.......................................................

© prisonimage.org

Prison food the silent killer?

....................................................... Tony Joyce - HMP Albany A common gripe in Inside Time has been the deterioration in prison food across the board. Our complaints never go anywhere as I believe there is nowhere to go. Here at HMP IoW we have been informed that there is a £64,000 deficit in the budget for this year. We are still owed things from our meals from last year! Things that were removed without warning or reason. They tell us they are giving us a choice of what they intend to cut this year. Portion sizes are already being cut by our servery because the kitchen at Parkhurst (where the food is cooked) doesn’t send enough. Now they want to cut the fruit juice from our tiny lunch and they propose to bulk out the rest of the meals with more cheap veg. The repercussions of this will impact on an already stretched and underperforming healthcare and with many elderly inmates here struggling with their health in relation to diet; this will be the silent killer for some. We have the cheapest, nastiest boiled potatoes which few inmates can eat; indeed they have been linked to exacerbating stomach illnesses. These potatoes have been a constant source of complaint for years but still they are thrown away in bulk every meal time. Green apples too are not popular and for similar reasons. There are solutions here but red tape hampers us. We have land, we have greenhouses, we grow fruit and vegetables, but we are not allowed to use it. Though we can, apparently, give it away to outside charities!

After more than 9 years of hideous mental torture there is finally some semblance of justice for the parents and family of murdered schoolgirl Milly Dowler. A whole life sentence for the killer is the final outcome, but the ultimate cost to Milly’s reputation and that of her family has been massive too. Defence QC Jeffrey Samuels used every despicable tactic he could muster in his attempts to get his client – already proven to be a depraved, sexually motivated murderer – off the hook. Thankfully, he failed, but not before he had utterly trashed the character of an innocent schoolgirl and exposed details of her parents’ private life that had no relationship whatsoever to the question of whether or not Milly’s life was taken by his client. I was a criminal, and I’m certainly not proud of that. I pleaded guilty and received a 17 year sentence. I continue to pay my debt to society and I don’t whine about it. But I would rather be me a thousand times over than be Jeffrey Samuels QC. How this man can possibly look at himself in the mirror each morning is beyond my comprehension. I guess he must just keep telling himself that he is ‘only doing his job’. In the wake of sentencing, Milly’s older sister Gemma said that justice should mean ‘an eye for an eye’, but I’m afraid I disagree on this one. People like Milly’s murderer should not be executed, they should be kept alive for as long as possible – we should squeeze every last day in prison out of them. Why? Because (contrary to what The Daily Mail and The Sun might have the public believe) prison is not a holiday camp - and especially not if you will be here for the rest of your existence. Keep them alive and let them think for thousands and thousands of days about all the amazing things out there that they will never be able to experience – all the amazing things that they have denied their innocent victims. Execution is far too good for them – it’s the easy way out that they do not deserve.

If you would like to contribute to Mailbag, please send your letters (concise and clearly marked) to ‘Mailbag’, Inside Time, Botley Mills, Botley, Southampton, Hampshire SO30 2GB. To avoid any possible misunderstanding, if you have a query and for whatever reason do not wish your letter to be published in Inside Time or appear on the website, or yourself to be identified, please make this clear. We advise that wherever possible, when sending original documents such as legal papers, you send photocopies as we are unable to accept liability if they are lost. We may need to forward your letter and /or documents to Prison Service HQ or another appropriate body for comment or advice, therefore only send information you are willing to have forwarded on your behalf.

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Mailbag

If you would like to contribute to Mailbag, please send your letters to ‘Mailbag’, Inside Time, Botley Mills, Botley, Southampton, Hampshire SO30 2GB.

Writers’ block ........................................................................................................

believed this would not be of much use (or words to that effect).

Michael Daly - HMP Long Lartin I write in relation to your article ‘Climbing ladders’ by Pat Winslow, who reported on the recent decision by the Arts Council England (ACE) to cut funding for the Writers in Prison Network (May issue). As a student of the Long Lartin workshop I am amazed at how ACE came to this decision without observing the group working in situ or at least consulting with the recipients of this fantastic service. Had the Arts Council attended either a writers or readers workshop at this prison they would have seen Pat Winslow (our Writer in Residence) work enthusiastically with students, some who have difficulties with basic literary skills. Those with literary problems work jointly with capable students in a supportive, encouraging environment, and regardless of abilities students perform on personal and collective projects with dynamism and, may I say, some success. This is an alternative programme to the conventional academic arena found in prisons. A well supported programme that taps into the diverse lives of prisoners who are happy to express their creative talents in a constructive, legitimate and excellently guided fashion. I am convinced that this form of teaching not only addresses the academic shortcomings of an inmate (who has been failed by the educational system) but it also helps to restore some level of self esteem to the incarcerated.

© prisonimage.org

Pin-phones query

....................................................... Steven Barratt - HMP Parkhurst

I have tried writing to a solicitor, who advised me that there is little chance of getting a refund as obtaining proof would be a problem, even though I could show how after each failed call I would redial the same number again. This caller usage can be confirmed by the pin-phone clerk, who I had written to on numerous occasions asking for help and refunds. I have estimated that BT are making ridiculous profits from these missed calls and the more people who complain about them the more likely we are to get justice in this matter. Interim reply from Offender Safety, Rights and Responsibilities Group

As prisoners we are wholly aware of the austere measures that dictate current economic policy and how there is competition for such resources. Some of these resources are justifiably more needy than the rehabilitation of prisoners. However, in this case I disagree with the decision. Again prisoners find they are the butt of economic cutbacks. These decisions are usually reached once an assessment has been fully evaluated and the impact of withdrawal considered. No consultative assessment was ever made in our situation and ACE have cut (in my opinion) a vital service without comparing the needs of prisoners to those of their other beneficiaries.

I was pleased to see my letter about faults in the pin-phone system in your July issue but surprised to receive a letter from another prisoner, from HMP Ford, who advised me that the BT pin-phone loss of sound was also happening there. This means a 10p deduction every time it happens and this penalty is compounded by the delays in repairing the phones. Others have also got in touch with me about this problem, which leads me to believe that the problem is widespread and not just confined to a couple of prisons. I spoke to a BT engineer who came onto my wing in June and he suggested that it was a problem in all three prisons on the Isle of Wight. He said it was a system-wide failure and that he could reset the system but he

The decisional processes adopted by ACE demonstrate a contempt for prisoners and a contempt for those who arguably need this service (and funding) far more than those who read their glossy programmes whilst watching a Royal Ballet performance at London’s Royal Festival Hall.

The impact of cuts in Probation Services

I do hope ACE reconsider their position and support the Writers in Prison Network, which in this current economic climate is value for money.

Anna De La Mare - Pickup Scott Solicitors

It is encouraging for us all to experience a ‘street rapper’, be given the opportunity to read Shakespeare, reflect on his own life, and then make use of these thoughts in his next script. In withdrawing this service, ACE are depriving prisoners from renewing or finding skills that need utilising. Skills that could eventually lead to some literary confidence, lawful employment or maybe just a better understanding of oneself.

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Unfortunately I am not able to offer a substantive reply at this moment in time. As a result of the general application which Mr Barratt submitted, Parkhurst made arrangements for a BT engineer to visit to investigate. That visit has taken place and I am currently in discussion with the Account Manager at BT with a view to providing an explanation for the problem which Mr Barratt is occasionally experiencing. At the moment it would appear to be a technical issue which would not only affect PIN users but also one that occurs within the community but I want to rule all options out - including feedback from the engineer before I offer a substantive reply.

...........................................................................................................

In yet another attack on the criminal justice system we see the government planning to sell off the Core Probation Service to private tender. But what will this mean for those inside? The government maintain that their actions are to reform, but this appears to be more of a ‘save costs at all costs’ exercise. The government appears to have little knowledge of the complexities required to work with and supervise offenders and this evidences itself with the failure of privatisation of probation premises resulting in a contract for bail beds being revoked. Will this provide a better service or will it further reduce the amount of expertise provided in what is already an under-resourced over-worked area? Many prisoners spend years inside without any, or very little, contact from their Offender Supervisors (OS) until the last minute when a Parole Board review is imminent. Even then it may be a 1 hour meeting with someone who has apparently been their OS for years! Their report is either written by a trainee or compiled from what others have written. Parole Board hearings are greatly influenced by these reports. So are these new private tenders to be manned by people who are trained to an expert standard? We are talking about a massive impact on offender’s parole opportunities if the job isn’t undertaken to the highest standards. We should not be making a bad situation worse. Editorial note: The Guardian has reported that Michael Spurr, Chief Executive of NOMS, has written to all 35 Chief Probation Officers and told them they need to examine ‘the potential for core probation services’ to be put up for competition.

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Clarke scuppered by The Sun ..........................................................................................................

ROTL changes at HMP Kirkham .......................................................

H2o - HMP Featherstone I actually feel sorry for Kenneth Clarke, the Justice Secretary. He was asked to do a job that needed doing, but when he did, was attacked and publicly ridiculed by the red-top media and in particular The Sun.

Mac - A prisoner’s relative I write in regard to the recent changes at HMP Kirkham regarding ROTL. I believe that the management has decided to change the whole system of ROTL. It is my understanding that they have reduced home leave by 48 hours and the amount of time left to serve before an inmate can gain paid work from 1 year to 6 months. Just what are they trying to achieve at Kirkham? Inmates and their families are going to suffer as a direct result of these new changes. I thought the prison service are meant to have a duty of care. By reducing the amount of time a prisoner has on a home leave they are punishing the inmates’ family. They will have less time with children and their partners which I can see as only a punishment on the family. By reducing the amount of time a prisoner can get paid work they are seriously putting the prisoner at risk of re-offending. Having been in prison myself I know that money earnt working outside the prison is vital to staying on the straight and narrow and preventing re-offending, as the prison service do not give anywhere near enough for inmates to live for a week upon release. So what are they trying to achieve by reducing the potential an inmate can earn. I for one believe the more money an inmate leaves prison with the better. I have tried to contact Kirkham regarding this but as usual with any prison have been met with a wall of silence. Editorial Note: Inside Time sent this letter to NOMS in order to elicit a response but all we received by return was a phone number to contact. We continue to pursue this matter and hope to have a reply by our next issue.

Insidetime August 2011 www.insidetime.org

If you would like to contribute to Mailbag, please send your letters to ‘Mailbag’, Inside Time, Botley Mills, Botley, Southampton, Hampshire SO30 2GB.

Ban the ‘Currant Bun’!

....................................................... Martin Lonsdale - HMP Swaleside I am calling for a prisoner (and prison staff, if they see fit) boycott of any newspapers (still) published by Rupert Murdoch’s exorable News International Corporation. This is in light of recent revelations regarding their hacking of the phones of Milly Dowler, victims of the 7/7 bombings and the families of soldiers killed in action during the Afghanistan conflict. I am sure that most of your readers will agree with me in believing that these actions are utterly repugnant and they should not be allowed to go unpunished. It is a continuing mystery to me why anyone serving a prison sentence would want to read The Sun (apart from the obvious reason!) – aside from its casual racism, sexism and rampant Islamaphobia, it never has a constructive or truthful word to say about prisons or prisoners. Barely a day goes by without some frenzied and inflammatory diatribe being published, almost always prefaced with ‘paedophiles and rapists’ in order to guarantee the required reaction from the public. Their motive appears to be to ‘nip in the bud’ any progressive initiatives taken to improve the process of justice and/or the rehabilitation of offenders. It will be very interesting to see if their attitude changes if (and when) some of their colleagues are being entertained within the prison estate. Many prisoners do have a conscience and are interested not just in themselves but in the issues affecting the rest of society. We should all boycott News International’s newspapers.

As we all know, we are facing unprecedented austerity measures and budget cuts are being made in every government department. So Mr Clarke formulated a plan that would have reduced an over-burdened prison population and would have saved a lot of money. Importantly (for me and many others) Mr Clarke stated an intention to do something about the IPP fiasco. Cue The Sun. ‘Soft Justice’ headlines dominated for weeks and, inevitably, the Prime Minister has been forced into a u-turn and Mr Clarke has been left with egg on his face. Why do we continue to allow this ‘rag’ (let’s face it, you couldn’t call it a ‘newspaper’) to exert so much power over us? And by ‘us’ I am referring to society as a whole and not just prisoners. In my opinion The Sun should concentrate on the really ‘important stories’ that it does so well – like tittle-tattle about Cheryl and Ashley Cole. I sincerely hope that some of the recent bad press and subsequent ill-fortune faced by its stable-mate (The News of the World) rubs off on it.

Pension query

....................................................... John Smith - HMP Shrewsbury I am in possession of a War Disablement Pension which has been stopped by the Army Pension office in Blackpool because I am in prison. On speaking to other prisoners they are still getting their pensions. I have spoken to the Ex-forces Officer and he suggested I wrote to you to see if you have come across a similar case and could you suggest where to go for advice. Response from Royal British Legion, Tribunals Co-ordinator A War Disability Pension is normally suspended whilst in prison unless it can be shown that a dependant would suffer undue hardship were the pension to be withheld.

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They say you have psychopathic traits - don’t buy it

..................................................... Solicitor Michael Purdon There is a growing body of evidence to show that the main tool for the assessment of psychopathy in prisoners, the psychopathy check listrevised, known as the PCL-R, is not being properly administered or interpreted in some cases. Studies have shown that misinterpretation of the psychopathy check list-revised is fairly common and has numerous causes but interestingly it may be due to inexperience or even bias on the part of the psychologist. It is clear that in some cases poor decision making has led to some prisoners being returned from open to closed conditions or otherwise having their security category increased. The impact on lifers having to work their way back to open having been returned to closed conditions is particularly hard. In such cases time served is not always time deserved. In getting to grips with this problem in my work I have focused critically on the working methods, experience and qualifications of psychologists from which it has become clear that some psychologists do not have the appropriate level of expertise needed to make a reliable interpretation of the psychopathy check list -revised. There are several institutions whose psychologists produce highly reliable psychopathy check list scores but there is a lack of research examining the effectiveness of particular training programmes for assessors, so it can be difficult to know whether a particular psychologist is capable

of producing reliable results. Where the liberty of the subject is concerned, surely the courts and the Parole Board should only accept expert evidence on psychopathy from psychologists who can demonstrate that they have completed training that shows they can consistently produce highly reliable scores. The burden should be on the psychologist to demonstrate that they have successfully completed the specialist training in psychopathy assessment followed up with revision courses. A recent study of competing psychopathy assessments in legal proceedings showed that prosecution assessments were, on average, 8 points higher than defence assessments. The study concluded that whose side you were on was what influenced the score. When you think that scores range from 0 to 40 and that in practice the range is 6 to 38 it is little wonder that some of the world’s leading experts describe the average difference of 8 points as “remarkable and troubling”. It certainly spells trouble for the prisoner lifer or not to be told that he has a high psychopathy score. It fosters a perception of him as being dangerous, devious, untreatable and generally has a negative impact on sentence progression. Yet astonishingly little attention is paid to the crucial question whether the assessor is “qualified” with the right credentials to carry out the assessment. Competence to do this work must be based on specialist education, training, supervised experience and evidence of continuing professional development yet there are no minimum enforceable standards set down to evidence competence to carry out a psychopathy assessment. If you are told that you have a high level of psychopathic traits don’t buy it until you are satisfied that the assessor has proven specialist competence to carry out the assessment and to interpret the results which should then be confirmed by an assessment carried out by an independent chartered psychologist recognised as a competent and reliable assessor.

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Breakthrough in Hare Psychopathy Test

....................................................... Dai George - HMP Littlehey Over the past year or so I have read many interesting letters and articles in your pages regarding how prison psychologists conduct themselves when assessing prisoners on their risk or for various courses. One assessment that continually raises its ugly head is the Hare Psychopathy Test, or PcL-R, and if one is unlucky enough to get a score of 25+ then serious problems can arise from it, namely years spent in a DSPD Unit or years festering in the prison system for refusing to comply. Here at Littlehey there has been a major breakthrough in the psychology department. Prisoners who have been assessed and are deemed to be ‘borderline cases’ can now receive 6 to 8 one-to-one intervention sessions with a trainee psychologist leading to progress with a favourable report to open conditions and eventual release. God bless the psycho-babes of Littlehey!

‘Cosh or stab … a recipe for disaster’

..................................................... William Beattie - HMP Peterborough Apparently Justice Minister Kenneth Clarke has said it is acceptable for householders to stab or cosh burglars. Surely a far safer method of removing intruders from your house would be to call out loudly ‘The police are on their way’. Of course if Mr Clarke’s method is accepted it may not be long before one occupant of a house accidentally kills or injures another whilst investigating a noise in the night. Cosh or stab … a recipe for disaster perhaps?

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Internet access?

....................................................... D. Herdman - HMP/YOI East Sutton Park I heard on a BBC programme called CLICK this morning that internet access for all is to be a human right, do you think this will have any effect on us in prison? Are we likely to get some access to the internet any time soon or will this have conditions attached to deny us that right? In the office I work in within the prison we could certainly benefit from internet access as we would be able to help inmates with job searches, applying online for housing applications, etc. When I was in closed prison I would have liked to have been able to email my kids and family and to see pictures of them as very few people seem to develop pictures anymore. Without many visits you can miss a lot of changes in your kid’s lives. I have learnt all my computer skills in prison, achieving my CLAIT Plus Diploma in IT, and Business and Administration NVQ Level 3. I am currently looking for a paid work position in an administrative role but sadly the one area I have not had much access to and lack confidence in is using the internet. I only really get brief spells on the internet when on home leave once a month, and then I’m afraid of doing something wrong. This has a knock-on effect on my confidence in applying for office jobs in the community because I don’t want to look as if I’ve been on Mars for the last 6 years!

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Cell sharing risk assessment .......................................................

holding cells). The risk a prisoner may pose to a cellmate is identified using documentary evidence such as a warrant, PER form, pre-convictions and previous behaviour in custody i.e. adjudication history on NOMIS.

Nathan Eyre - HMP Isle of Wight

Prior to the roll out of the PSI on 4 April 2011, NOMS carried out a comprehensive review of the CSRA process following criticism of its predecessor by the Prison and Probation Ombudsman and Coroners. The review took into account the characteristics and similarities of previous homicides and their perpetrators and the findings of extensive research on appropriate risk assessment.

I wonder how many of your readers have noticed that their cell-sharing-risk has dropped? More to the point how many people have worked out the back-door implementation of PSI 09/2011 is for the sole purpose of space generation and not risk. I also wonder what cost and effect the MoJ’s actions will have and when we will see another sad situation like the one that led to the Feltham inquiry and brought about the cell-sharing risk assessment in the first place. Here at HMP Isle of Wight they have taken the PSI and implemented it to the letter, based on just a short window of observation. Taking the PSI to the letter means the bar is set so high that most of us who were high risk will become standard risk with only those who have:1) Committed life threatening assault or manslaughter 2) Assisted in suicide while in custody 3) Committed arson, kidnap, false imprisonment, hostage taking or stalking inside or outside prison. The rest of the Operational Assessment is in line with the old Risk Assessments so only a few people will remain high risk and in single cells. There is no doubt that some poor soul is going to end up as the subject of a Feltham inquiry MKII. What price space? Petra White from NOMS writes PSI 2011/09 mandates that the CSRA process must only be used to assess the risk a prisoner poses to another prisoner in a locked cell or other unsupervised enclosed space (such as

There are two CSRA risk categories, high risk and standard risk. A high risk prisoner is one for whom there is a clear indication (from the evidence) of a high level of risk that they may be severely violent to a cell mate or that a cell mate may be severely violent to them. In this case, restrictions on cell sharing will be applied. High risk prisoners can share cells, subject to appropriate risk assessment and sharing considerations. A standard risk prisoner is one for whom, based on the evidence available; there is no immediate risk of severe cell violence. This is not an unchangeable risk and the situation will be monitored using the review process. Residential staff will continue to decide prisoner cell location and the most appropriate sharing options. The revised CSRA also made some changes to the previous review process. There are a number of reasons for a CSRA review to be carried out, but they will only be conducted when there is a realistic chance of the risk factors having changed. For prisoners who are long term high risk, reviews will be carried out annually with offender supervisors. For all other prisoners, whether they are high risk or standard risk, the need for a review will be triggered by new information.

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Insidetime August 2011 www.insidetime.org

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IPPs and Dr Johnson

...................................................... Dr Peter S Pratt Consultant Clinical & Forensic Psychologist, Rampton Hospital With the introduction of the famous, or according to Dr Johnson, almost ‘Stalinesque’ IPP, Dr Johnson readily, perhaps too readily, identifies villains. David Blunkett stands accused, without possibly the sight of this accusation, of convincing Parliament that past violence ‘could only ever’ lead to an indefinite future of violence. On this issue it is reasonable that Psychologists, who often do not know as much as they claim, state that the best predictor of future violent behaviours is past behaviour. And this brings me to the second of Dr Johnson’s putative hunt for villains, i.e. the-how-could-they-do-otherwise Judges. Sentencing Judges undoubtedly felt compelled, in my respectful opinion, by the legislation, at least until the revision in 2008. I have read this often enough in sentencing remarks. Rarely, in my experience, were they presented with a well researched rebuttable

assumption, i.e. that an individual did not meet the dangerousness criteria, and hence they felt that their hands were tied. Defence teams, caught unawares, perhaps a trifle under-informed and naive, and reluctant to beat the path to instructing an independent expert, did not immediately rise to the challenge. Everybody learns from experience, eventually. So where, Dr Johnson, are the real villains in this saga? Dr Johnson and I may agree on at least one villain! The Ministry of Justice was slow, and remains slow, in reliably providing the necessary input that IPP’s, often with a very short tariff, actually need. Accredited courses are in very short supply as is 1- to-1 work for the frequently excluded minority. Both restrictions distort sensible sentence progression, often lamented by the Parole Board, who seem bereft of even moderate influence as far as a resource allocation is concerned. Indeed the lack of suitable provision both for determinate prisoners and IPP’s, and to a lesser extent lifers as well, is perhaps one of the main reasons why the Parole Board seem reluctant to progress IPP’s, in particular, into the community.

Punishment or entertainment

............................................................................................................ Craig Birch - HMP Garth Kier Starmer (Director of Public Prosecutions) recently went on record in support of proposals to allow court proceedings to be filmed throughout the country and with the government considering allowing this; I ask the question – does this mean that some basic human rights will be overruled? It was said in a meeting of the Society of News Editors that such actions would enable ‘transparency and visibility’ in order for the public to understand the criminal justice system. In my opinion this is nothing more than another way to shame people accused of crime. The public don’t want to know the minutiae of what happens, so long as justice is done. Furthermore, why should our mistakes and punishments be broadcast on national TV? I point out the recent ‘Question Time’ which was broadcast from HMP Wormwood Scrubs, where prisoners were humiliated by being referred to as ‘the prisoner’ instead of by name and prison officers were there in uniform to make sure everyone knew who was who. Did this show serve as an opportunity to give prisoners a voice or to point out that we are prisoners and what we say has no real relevance? I am of the opinion that allowing cameras into the courts is a bad idea, as our basic human rights will be eroded in pursuit of bringing more ‘reality show’ type entertainment to the public.

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Are we becoming a third-world country? Harry Bannermann - HMP Wakefield

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Article: Parole Board Reduce Backlog

Article: When is Justice Not Justice?

A Prisoner’s dossier is just a load of rehashed, often inflammatory, sensationalised and overemphasized psychological babble, it says nothing about the prisoners progress, what he/she has achieved or completed, their behaviour whilst in prison, and I am absolutely shocked and disgusted by the amount of weight they carry.

It saddens me that people who believe in the Rule of Law seem to be in a minority in our so called “democracies”. Bin Laden should have been brought to trial and the evidence against him produced to the Court. The only evidence we have seen is videos which we all know can be manipulated. I believe he was guilty of crimes against humanity, but surely we have to prove it. What the Americans did was murder. Murder is murder and they are no better than he was.

Comment by Mrs P

Every year this country promotes television shows with massive media coverage in order to collect money for charities that then send the money abroad, yet a percentage of Britain’s population are worse off than the countries that receive our charitable donations. It’s about time we started to realise that charity should begin, and in some cases end, at home. Britain seems to be fast turning into a third-world country.

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Website comments via www.insidetime.org

.......................................................

I watched a programme in June on BBC1 called ‘Poor Kids’. It really made me sick to my stomach to see children living in what can only be described as pure squalor. They showed three different areas of this country and the Gorbals in Scotland and the houses were condemned with wet inner walls and peeling wallpaper. The children’s beds were damp and mouldy, their clothes dirty and falling apart and they were going hungry. Most of them had chest complaints. Their playgrounds were dangerous empty houses that had been abandoned. Scotland was worse. It showed two blocks of flats that had been condemned for years, and all the flats had young children living in them, all hungry and unhealthy and eating weeds and calling it cabbage. And let’s not forget the pensioners, most of whom kept this country going through a world war and afterwards, yet government treat them like dirt.

Mailbag

NOMS and victims groups to steal prisoners earnings ....................................................... Name withheld - HMP Sudbury I would like to inform your readers of a recent development here at HMP Sudbury that will affect a lot of people in other prisons. On the 20th of July a notice titled ‘Prisoners Earnings Act 1996’ was put up here. It informs us that under the Act if we are working outside prison we will be subject to deductions in our pay. From 26 September 2011 anyone who earns more than £20 net per week (that is after we have paid tax, National Insurance and any court-ordered or child support payments) will have a further 40% deducted from our pay and given to victim support groups! Also, our employers will no longer pay us direct but will instead pay our wages straight to a NOMS bank account and that we should ‘expect a delay’ of at least 5 days before NOMS give us whatever is left of our wages! If we refuse to go along with this then we will no longer be allowed to work in paid employment. Most prisoners in paid employment are on minimum wage anyway so that will not leave a lot. And what about prisoners who are maintaining innocence? Why should they work to pay for victims that they don’t have? Surely the fact that we are serving prison sentences is our ‘payment’ for our crimes? And don’t the government already give criminal compensation to victims? Where is this going to end? I’ve heard of paying your debt to society but this is just an outrageous liberty. This government are obviously trying to save money on what they have to pay out to victims and at the same time pandering to the News International mentality that advocates prisoners should be treated like dirt and never be allowed to escape their pasts. It wasn’t so long ago that Kenneth Clarke announced that all prisoners should be working a 40 hour week – now we know why.

....................................................... Article: Parole Board Reduce Backlog Comment by Kirsty

Report writers priority is always to keep IPPs in prison then they will be zero risk, so twisting everything to make it sound negative, giving no credit to anything positive that is achieved, and often not even bothering to write a report unless pushed to do so, is in their best interest. The fact so many hearings are delayed, by years in some cases, gives weight to the widely held belief that it was always the plan to keep most IPPs in prison indefinitely as a form of ‘social cleansing’.

Comment by Jean

....................................................... Article: Is Jailing So Many Women Criminal? Comment by Marion

As a woman and a mother of three I ought to be sympathetic to the notion that we should imprison less women but having served a sentence, which saw me first in Holloway and then Drake Hall, I met many women who didn’t give a hoot about their children and used them as a means of a ‘get out card’. If mothers are not to be sent to prison because they are mothers, why should that not apply to fathers?

....................................................... Article: Prison Officer Corruption Comment by Anon

My son was at HMP Parc for a little over a year just over 50% of money handed in for him did not reach him. I complained to the Governor and to the Independent Monitoring Board. He was subsequently moved to Brinsford, a further hour for family to visit, and they refused to recognise his enhanced status.

Inside Time website by numbers > the first 6 months of 2011

....................................................... Article: Prison Officer Corruption and Criminality Comment by Anon

I am one of the so called ‘CORRUPT’ prison officers that you mentioned. I would like to say that in my time working as an officer in the prison I did not do anything corrupt within my job/workplace. My alleged offence, for what I was found guilty of, was unrelated to my job as an officer. I therefore feel that you are being harsh in putting me in this bracket. My son is not even guilty of the offence that he is serving time for, which of course means I am also innocent.

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Newsround

Insidetime August 2011 www.insidetime.org

The Inspector calls ... Nick Hardwick - HM Chief Inspector of Prisons Inside Time highlights areas of good and bad practice, along with a summary of prisoner survey responses, at HMYOI Rochester, HMP/ YOI Northallerton and HMP Risley. Extracts are taken from the most recent reports published by HM Inspectorate of Prisons of such incidents was weak. The prison only videoed a small proportion of planned incidents and did not view the footage afterwards. The inspectors, on viewing some of the films, said one caused them particular cause for concern.

HMYOI Rochester

Closed male young offender institution (18 to 21 year olds). Announced inspection: 14–18 February 2011 Report date: April 2011 / Published: June 2011 Not enough to do, high use of force, but good resettlement wing Nick Hardwick’s opening comments are; ‘When we went round the prison in the middle of a sunny day, the majority of prisoners were locked in their cells and most had draped something over their windows and were sleeping. In our spot check, we found 27% of prisoners locked in their cells even in the working part of the day. The prison claimed that an average prisoner was unlocked for nine hours a day but we found that the maximum a prisoner who was fully engaged with the regime could be out of their cell was six anda-half hours a day. For some prisoners it could be as little as one hour a day.’

The inspectors voiced concern about the number of prisoners who were ‘at risk’ who were held in the Segregation Unit or special cell. Inspectors thought that Healthcare was generally good, as was staff/prisoner relations although some staff were described as ‘distant’ and ‘hesitant’. The prison has a good resettlement wing with some excellent work done by de Paul but allocation to the wing was seen as too cautious and not transparent. 12% are on recall; 18% have been victimised by staff; 20% say it’s difficult to get drugs; 38% said staff opened legal letters; 40% don’t know who the IMB are; 41% have felt unsafe at Rochester; 54% say it is difficult to see the dentist; 58% said the food was bad; 64% say most staff treat them with respect; 67% were treated well in Reception.

Use of force by staff was high with 320 incidents in 2010; inspectors thought the governance

HMP/YOI Northallerton

A closed community prison for North Yorkshire that is developing a mixed population of adult and young adult male prisoners. Unannounced full follow-up inspection: 17 - 21 January 2011 Report date: April 2011 / Published: June 2011

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27% say it’s difficult to see the dentist; 49% had not been in prison before; 83% were treated well in Reception.

This small prison with just 170 prisoners has recently re-roled to take adults as well as young adults and the inspectors report staff worries that the prison might be closed to which the inspectors comment; ‘ … if performance is to be a determinant of future closures – the prison’s future ought to be assured.’ Violence and bullying has been reduced and the use of segregation resorted to less frequently with a proportionate use of security and minimum substance abuse. Inspectors comment on good prisoner/staff relationships and an; “… impressive personal officer scheme.”

HMP Risley

Although making progress with resettlement and community ties the inspectors found that these areas needed new analysis in order to fit the changed prisoner profile.

Much improved but still more to be done.

The prison building are old and inspectors reported; “Despite the prison’s age and the limitation of many of its facilities, the environment was generally well maintained. Some single cells, however, were improperly doubled up and toilet screens were inadequate.” The Request/Complaint system worked reasonably well with; ‘timely, respectful and thorough’ responses. The inspectors reported; ‘The published core day indicated that for a fully employed adult just over eight hours unlocked was possible and for a fully employed young adult just over seven hours. During the working part of the day, approximately 20% of prisoners were retained on the wing despite the availability of activity. The prison unlocked late, routine domestic time was not scheduled and evening association was limited to not much more than an hour.’ ‘Opportunities for domestic visits were satisfactory and visits generally started and finished on time. Visitors reported that staff were generally polite and helpful. The visits hall was welcoming. There was some play equipment but no supervised play area.’

Inspectors reported that there were too few opportunities for exercise, activities on offer were often undemanding, repetitive and mundane, and achievement in many education courses was low with poor punctuality and attendance. Violent incidents were common and young men told inspectors that they had to stand outside their cells during unlock to make sure they were in sight of staff and safe, and to stop their property being stolen.

An impressively safe and respectful establishment, with plenty of activity and a sound focus on resettlement.

Young Adults 14% are on Recall; 18% have been in prison more than 5 times; 44% said staff opened legal letters; 52% said the food was good; 63% were treated well in Reception. Adults 9% are foreign nationals; 23% lost property on arrival; VäzenskéPrávo TrestnéPrávo ÚrazyaNehody RodinnéPrávo



 

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Male Cat. C training prison and a hub for foreign national prisoners Announced inspection: 7 – 11 February 2011 Report date: April 2011 / Published: June 2011

Following a very bad report from its previous inspection, in April 2008, the inspectors were impressed with the progress made and report finding a ‘ … prison transformed in many areas and reasonably good outcomes for prisoners in all areas,’ although they noted that there were still areas for improvement. Although the inspectors were aware of a ‘thorough preparation’ for their announced visit they found that cleanliness had improved and major efforts had been made to stem the amount of drugs in the prison. Prisoners reported feeling ‘safer’ than at the last visit. Nick Hardwick, in his report, comments; ‘Managerial oversight of the use of force was inadequate and we identified some incidents that caused us particular concern. Some punishments at disciplinary hearings were too severe.’ Although the quality of education and training is good the inspectors found a quarter of prisoners in their cells during the core day and also noted; ‘There were insufficient opportunities for prisoners to exercise in the open air and association periods were too short, which created tensions around access to telephones and showers.’ 7% are on recall; 18% are foreign nationals; 18% are IPP prisoners; 21% have been victimised by staff; 34% had never been in prison before; 43% said staff opened legal letters; 48% said the food was bad; 60% are on Enhanced IEP; 69% say it’s difficult to see the dentist; 74% were treated well in Reception.

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Newsround

Insidetime August 2011 www.insidetime.org

‘Jewel in BBC TV investigates the Crown’

11

The things people say…

The programme’s reporter, Mark Daly, told Inside Time he approached the investigation dispassionately and with an open mind.

Mark Daly

Continued from the front page The BBC is in the final stages of making a controversial television documentary about prisoner Colin Norris, who is serving a minimum of 30 years for a string of murders he insists he did not commit. (Louise Shorter writes).

Continued from the front page A December 2003 report from HMCIP praised HMP Latchmere House (pictured), situated on the edge of Richmond Park in south-west London, for its rehabilitation centre, employment opportunities for inmates, and the good relationship between staff and prisoners. And, according to the latest figures issued by the Ministry of Justice, the average prisoner at HMP Latchmere House was spending 53.4 hours every week in purposeful activity, which made the prison ‘The best in the country at providing useful work for its inmates’. Which makes it odd that HMP Latchmere House has been targeted for closure in September. Since the announcement, Inside Time has been contacted by several Latchmere House residents asking for information about other D cat prisons that might accept them. It would seem that the closure of the prison has taken everyone, including staff, by surprise and there is now an unseemly rush to provide places for inmates at other comparable jails in the region. The problem for most residents is that part of the admission criteria for the prison was a ‘connection’ to the local area or a wish to resettle in the area covered by HMP Latchmere House, and this meant gaining employment within commuting distance of the prison. The nearest prisons with a comparable regime that may allow prisoners to keep their jobs are HMP Ford in Sussex and HMP Springhill in Buckinghamshire, and for most people that will be too far to commute. Unfortunately there is also the question of the compulsory ‘lay down’ operated by all category D/Resettlement prisons (a period, usually no shorter than 2 weeks, where the prisoner is not allowed to leave the prison for any reason until he has been risk assessed) which Latchmere prisoners are being told will apply to them despite the fact they are coming from an open establishment. It is doubtful that outside employers will keep jobs open if this is the case. One prisoner told Inside Time ‘This is a joke, I’ve struggled to find paid employment and now it looks as though I’ll lose my job. It’s like all the work I’ve done to rehabilitate myself and actively seek resettlement has been for nothing. Why close down a perfectly good prison when so many other jails are not fit for purpose? It just doesn’t make sense.’

Mr Norris, 35, was convicted in 2008 of four murders and one attempted murder of elderly patients at the Leeds hospitals where he worked as a nurse, when a single blood test result suggested a patient on his ward had been given insulin leading to the patient’s death. A review of previous deaths on the wards identified additional similar patient collapses which had originally been considered to be from natural causes. With no direct evidence to implicate Colin Norris, a circumstantial case was built against him. He remained on bail from the time of his arrest in 2002 until the guilty verdicts were delivered in 2008. His first opportunity to apply for parole will be in 2038. A BBC investigation, to be broadcast later this month, will reveal new evidence which casts serious doubt on the safety of the convictions.

He said: “We were ready to drop the project if the evidence was not there. But as our research progressed, it seemed to me this prosecution raised more questions than it answered. I think the new scientific evidence we are revealing in this programme could leave viewers thinking this is a case that must go back to the appeal court.” Lawyers working for Mr Norris, who is in HMP Frankland, now believe the new science will propel the case back to the Court of Appeal. Solicitor Jeremy Moore told the programme: “It’s my view from having looked at the evidence in the case and from my knowledge of Colin that he’s an innocent man and this conviction ought to be quashed.”

The BBC was first alerted to the case by Inside Time’s miscarriage of justice unit, Inside Justice, which was established in 2010 with charitable funding, to assist prisoners who are protesting their innocence. This BBC programme was produced and directed by Louise Shorter who had previously set up Inside Justice and worked on the BBC’s long-running miscarriage of justice series Rough Justice. Inside Justice is a not-for-profit organisation funded by the Esmee Fairbairn Foundation, the Michael Newsum Charitable Trust and Inside Time.

‘My own desire for a judicial inquiry in February 2010 into News International was blocked by the Cabinet Secretary‘ Former Prime Minister Gordon Brown, speaking in the House of Commons for only the second time since he lost the Election, complains that Civil Service advice prevented him from starting an inquiry into phone hacking. When he was Chancellor, Treasury civil servants advised him not to sell Britain’s gold reserves at the current price. He crushed all opposition to sell 400 tonnes of gold at £275 an ounce. The price today is more than £1,500 an ounce.

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trapped? Everthorpe Garden wins ‘Best Show Garden’ at the RHS show at Tatton Park The garden was designed by Glen Jackson and prisoners from Everthorpe and is called ‘Save a Life, Drop the Knife’. Glen said; ‘The aim of the garden is to raise awareness of the issues surrounding knife crime and to project a strong message to a national audience. In essence the garden depicts the journey of a perpetrator of knife crime. The imagery represents the decisions an offender will have to make and the possible outcomes of dropping the knife. One side of the garden depicts a run down, urbanised area with harsh looking plants that have thorns, spikes and leaves with serrated edges. Their journey is complete when the offender arrives on the other side in a harmonious garden featuring softly textured planting and vibrant colour combinations.’

Need help? Contact Michael Robinson:

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12

Newsround

Insidetime August 2011 www.insidetime.org

The things people say… general culture of corruption in the British tabloid press”. Piers Morgan’s book: The Insider - which was first published in 2004 mentions phone hacking, albeit just once, in his entry for January 26, 2001.

Only half of offenders given community sentences are made to carry out unpaid work as part of their punishment. The work, known as Community Payback, can include gardening, graffiti removal and cleaning wasteland sites. Between 2005 and 2010 more than 360,000 offenders were given a Community Order by the courts, according to figures given to MPs. Of these, only 196,490 - 54% - had an unpaid work requirement imposed. Community Orders have long been criticised as a soft option to prison. Charles Hanson page 26

High levels of gambling problems amongst prisoners says pilot study A pilot study of men and women in two English prisons shows that prisoners have significantly higher levels of gambling problems than the general population. The study found that offending and gambling problems were frequently connected and suggests that at least 5% of offending could be reduced if gambling problems were effectively tackled. The pilot study found that 5.4% of all male and 3% of all female prisoners considered their current offence was linked to gambling.  If representative this equals 5.275% of the total prison population at the time they responded to the study questionnaire. Corinne May-Chahal, Professor of Applied Social Science at the University of Lancaster, says: “It’s important for prisons to screen for problem gambling because it doesn’t present itself as obviously as alcohol and drugs problems. It’s equally vital that, once prisoners with gambling problems are found, the prison authorities take steps to tackle the problem because action taken in prison may play a part in reducing levels of re-offending.”

“Piers Morgan - now a celebrity anchor on CNN said openly in his book, which, clearly, was published before this controversy broke, that he had hacked phones. He said that he won Scoop of the year for a story about Ulrika Jonsson and Sven-Goran Eriksson. He actually gave a tutorial in how one accesses voicemail by punching in a set default code. Clearly, from the account that he gives, he did it routinely as editor of the Daily Mirror.” Louise Mensch MP, speaking at the Culture Select Committee hearing on phone hacking, 19 July 2011. During the hearing, Mensch said Morgan was “very open about his personal use of phone hacking” in his book. She claimed he boasted about using the little trick to win Scoop of the Year in 2003 and that it was this casual attitude that “was part of the

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So yes, Louise Mensch MP and member of the Culture Select Committee is right that Piers Morgan gives his readers a tutorial in phone hacking, but this is quite blatantly not an open admission from Morgan that he hacked phones, routinely or at all. Under parliamentary privilege, MPs have the right to say whatever they like in the House of Commons and they can’t be sued for libel for doing so. But will she say it without that protection? Not likely!

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He wrote: “But someone suggested today that people might be listening to my mobile phone messages. Apparently, if you don’t change the security code that every phone comes with then anyone can call your number and, if you don’t answer, tap in the four digit code to hear all your messages. I’ll change mine just in case but it makes me wonder how many public figures and celebrities are aware of this little trick.”

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He explained he was mystified as to how a story hit the press about him being investigated by the Department of Trade and Industry over insider trading.

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Newsround

Insidetime August 2011 www.insidetime.org

Kenneth Clarke’s privatisation drive will fail ‘Purposeful Activity’ to improve prisons says ex-Brixton governor times revealed Writing in The Guardian, John Podmore (pictured), former governor of Brixton Prison said; “Many of the arguments around ‘private good and public bad’ remain uninformed and ideological. ”Instead”, he said, “we should be asking what kind of prisons we need and whether competition will improve the quality and efficiency of the prison service and deliver the rehabilitation revolution the government has promised”. Mr Podmore is unimpressed by the policy ‘build them big and run them cheap’. He says; “Innovation has been driven out by risk aversion and restrictions in the commissioning process. The last series of bids, for example, demanded adoption of the state sector’s ‘core day’ – which means no activities on Friday afternoons, a cost-saving measure. This goes against Clarke’s advocacy of real work and introduces unnecessary restrictions.” “The government also needs to understand that good prisons do not run on coercion. We incarcerate 85,000 people on the basis of relationships and co-operation between prison staff and prisoners. The current emphasis is on size and cost – which usually means driving down staffing levels – against a backdrop of redundancies and worsening terms and conditions. This does not augur well for relationships or safety … Put further pressure on a demotivated workforce, a prisoner population with little hope on the inside and even less on release, and we should not be surprised if serious problems arise.” John Podmore was governor of Brixton Prison 2003-06. And until recently held a senior position in NOMS.

Crime Stats Burglaries rose by 14% in Britain last year to their highest level in seven years. A total of 745,000 homes were broken into. The number of crimes committed in the period totalled 9.6m, 2.2m of which involved violence. A minister said, “Policing reforms are urgently needed”.

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The MoJ have published figures for Purposeful Activities at English prisons for the period 2009-2010. Purposeful Activity includes such things as work, education and ‘courses’. Latchmere House (soon to close) tops the chart with a claimed 53.4 hours per week, that’s over 10 hours per day. Durham came bottom with just 16.3 hours. The Prisons Inspectorate are often quite sceptical about published hours of Purposeful Activity because they often find that such figures are aspirational and, in reality, many prisoners are actually locked up on the wings when they should be doing some activity.

At the hearing into phone hacking, News Corps accepts that to lose one Red Top is unfortunate, to lose two is careless.

The figures relate to a prisoner doing every activity available for the full time, whereas, in fact, at many prisons there is not enough work or activity for all prisoners. The Inspectorate also found that late unlocking and interruptions for standing counts quickly ate away at actual time on these activities. At Kennet, which boasts 24.1 hours, the Inspectors commented; “Time out of cell had been over-reported and most prisoners spent only about eight hours a day out of their cells. Many prisoners worked or attended education classes part-time, and over a third of prisoners were locked in their cell at any point during the core day.” At Cookham Wood, which claims 28.8 hours, a recent Inspector’s report said; “While movements between lessons were usually smooth and timely, young people were often escorted late to the morning and afternoon sessions, sometimes by as much as 45 minutes.”

Foreign Secretary William Hague says the Libyan people must decide themselves where they are heading.

In a desperate bid to claw back weekend viewers the BBC auditions a new weather girl.

MoJ withdraws public access to PSI about Psychologists’ Reports

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We can assist you in all aspects of Criminal & Prison Law matters incl: • Representation in all aspects of Criminal Proceedings • Appeals (conviction or sentence) • Adjudications • Home Detention Curfew • Re-categorisation and Transfers • Parole Board and Licence Issues • Recall Community • MDT & VDT Legal Service Criminal Defence Service • Closed Visits • Lifer Reviews

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Last month Inside Time reviewed PSI2011-036 ‘Offender Management - Psychologist’s Report Format’, which sets out a designated format for psychologists reports prepared for sentence planning or parole reviews. It sets out, in a step-by-step guide what must be included in the report; including the experience and qualifications of the author. Inside Time’s Paul Sullivan said; ‘Familiarity with this instruction should allow prisoners (and their legal advisers) a better understanding of their report and allow them to better challenge any inaccuracies.’ Following our review Inside Time has been informed by the Ministry of Justice that the PSI will not now be available for public viewing and our access to it was a mistake. The PSI will not, therefore, be available in prison libraries or for legal representatives to read.

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14

Newsround

Insidetime August 2011 www.insidetime.org

• Australia’s prison population doubles • Repeat imprisonment figures are alarming • NSW bans prisoners’ newspaper

Compare

Sounds familiar... New figures from the Australian Bureau of Statistics show that the country’s prison system is in desperate need of a massive overhaul. (Eric McGraw writes) The figures include a more than doubling of the prison population from 15,559 in 1992 to some 30,000 today. They also show that about one in five prisoners were ‘re-imprisoned’ in the first two years; one quarter by three years from release and almost 40 per cent by the end of the 10 year observation period: “If these results applied to education and health there would be a great outrage at the waste of resources both personal and financial”, says Peter Norden, a Vice-Chancellor at the University of Melbourne’s Law School.

Australia Prison Population (per 100,000 population)

21.4% (16%)*

have 16.12% more babies

Female Prisoners (% prison population)

The annual number of births per 1,000 people in Australia is 12.39 while in The United Kingdom it is 10.67.

7.5% (4.9%)* Foreign national prisoners (% prison population)

19.6% (13%)*

live 2.56 years longer

The life expectancy at birth in Australia is 81.72 while in The United Kingdom it is 79.16.

Number of prisons & detention centres

124

experience 10.29% less of a class divide

Occupancy level

106% (110%)*

The GINI index measures the degree of inequality in the distribution of family income. In Australia it is 30.50 while in The United Kingdom it is 34.00.

Figures are based on 30 June 2010 * Applies to England and Wales

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The per capita consumption of electricity in Australia is 10,318kWh while in The United Kingdom it is 5,643kWh.

Australia has an unemployment rate of 5.70% while The United Kingdom has 8.00%.

Percentage of Remand prisoners

For advice, assistance & representation in Prison Law Matters or Criminal Court Proceedings contact:

use 82.86% more electricity

have 28.75% more chance of being employed

133 (154)*

Prison Law & Criminal Defence Specialists • Categorisation • Transfers • Adjudications • Licence Recalls • Parole & HDC Applications • Sentence Planning • Disability Issues

If Australia were your home instead of The United Kingdom you would...

Australia consumes 1.8617 gallons of oil per day per capita while The United Kingdom consumes 1.1719.

29,700

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to Australia

consume 58.86% more oil

Prison Population (mid 2010)

Meanwhile Justice Action, a Sydney based NGO, is challenging a ban by the State of New South Wales, to distribute the prisoners’ newspaper ‘Just Us’ in prisons and mental health hospitals. Brett Collins, the organisation’s Co-ordinator told Inside Time ‘Just Us’ has been accepted in five States and Territories, but in NSW it has become a constitutional battleground. A legal challenge at present is being considered by the Supreme Court, highlighting fundamental questions of

The United Kingdom

social inclusion. The ban also contradicts the right to vote’.

make 10.23% more money

‘In Australia prisoners aged 18 years and over and serving a sentence of less than 3 years not only have the right to vote but are in fact obliged to vote by law’.

have 2.3% less chance of dying in infancy

So what happens if a prisoner refuses to vote? ‘They’d probably get sent to prison!’ says Mr Collins.

The GDP per capita in Australia is $38,800 while in The United Kingdom it is $35,200.

The number of deaths of infants under one year old in a given year per 1,000 live births in Australia is 4.67 while in The United Kingdom it is 4.78.

More information about Australia With its 21,515,754 people, Australia is the 54th largest country in the world by population. It is the 6th largest country by area with 7,741,220 square kilometers. Aboriginal settlers arrived on the continent from Southeast Asia about 40,000 years before the first Europeans began exploration in the 17th century. No formal territorial claims were made until 1770, when Capt. James COOK took possession in the name of Great Britain. Six colonies were created in the late 18th and 19th centuries; they federated and became the Commonwealth of Australia in 1901. The new country took advantage of its natural resources to rapidly develop agricultural and manufacturing industries and to make a major contribution to the British effort in World Wars I and II. In recent decades, Australia has transformed itself into an internationally competitive, advanced market economy. It boasted one of the OECD’s fastest growing economies during the 1990s, a performance due in large part to economic reforms adopted in the 1980s. Long-term concerns include      climate-change issues such as the depletion of the ozone layer and more  frequent droughts, and management and conservation of coastal areas, especially  the Great Barrier Reef.

 

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Newsround

Insidetime August 2011 www.insidetime.org

m Do you know...?



• A woman who has been campaigning against dog mess by picking it up from the pavement and drawing cupcakes in its place with chalk has been warned by police that she is causing criminal damage. Louise Willows was caught by two officers writing “Please clear up your dog mess” near her home in Crouch End, London. They ordered her to scrub out the message and her drawing, but let her off with a warning.

• Three in ten young people aged eight to 17 live in households without any books. • In the Netherlands, 25% of journeys are by bicycle. In Britain, the figure is 2%. • The Metropolitan Police revealed that it has 45 officers working full-time on the phonehacking inquiry; more than they have on the 24 teams dedicated to investigating murders. • Special studies conducted about the human

body revealed it will usually absorb up to about 300 milligrams of caffeine at a given time; about four cups. Additional amounts are just cast off, providing no further stimulation. Also, the human body dissipates 20% of the caffeine in the system each hour.

At his 90th birthday party Prince Philip asks the Bishop of Durham: “Did you just spill my pint?”.

• 52% of the public believe Britain was wrong to take part in military action in Libya. 84% think the Government underestimated how hard it would be to get rid of Colonel Gaddafi. • Worldwide, people spend a total of 200 million minutes every day playing the mobile-phone game Angry Birds, amounting to 16 years of time every hour.

• Research has shown that before they start school, middle-class kids will have heard six times as many words of encouragement as reprimands, while a child on welfare will have been criticised twice for every word of praise. • In a survey of 30,000 people across 15 countries, Germany was voted as the world’s least funny nation. Britain didn’t fare much better, coming fourth behind Russia ad Turkey.

What are the charges?

Very reasonable

To relieve the boredom on his train journey one commuter sees how many peanuts he can get on target.

Trouble at The Yard It was deeply ironic that Keith Vaz MP, Chairman of the Home Affairs Select Committee, attempted to play the grand inquisitor at the recent Select Committee hearing to which the Met Commissioner and Assistant Commissioner gave evidence. Mr Vaz was suspended from the House of Commons in 2002 for one month after making a false allegation against a former policewoman. The Standards and Privileges Committee said in their report that he had ‘committed serious breaches of the Code of conduct and showed contempt for the House’. He was also caught up in the expenses scandal when between 2004 and 2007 he claimed more than £75,000 in expenses for a flat in Westminster despite his family home being a £1 million house just 12 miles from Parliament.

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• Lincolnshire Police has been criticised for wasting money after issuing staff with written advice about how to eat their lunch. The guidance, which was given to more than 2,000 staff, advised against out-of-date food, and warned that “sandwiches should not be kept in briefcases or warm cars”.

• In 1631, two London bible printers accidentally left the word ‘not’ out of the seventh commandment, which then read, Thou shalt commit adultery. This legendary book is now known as the Wicked Bible.

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Diary

Insidetime August 2011 www.insidetime.org

Month by Month by Rachel Billington

Rachel visits HMP High Down and HMP Whitemoor, learns about two interesting programmes and has two good lunches

Alternatively, they look towards the end of his sentence when the couple have to work out how to make the best of their future together. The course is divided into three main parts which roughly come under the headings of communication, children and money with a booklet to help along the message. It is not, I was told, personal therapy, but something more practical with the couples doing most of the work privately together. I really began to get an idea how it functioned when the fifteen couples who’d been through the course, plus two others who’d done it earlier, gathered in a circle and began to talk about how the six days had affected their attitudes. The first thing I noticed was what a cheerful atmosphere there was in the room. It was clear that, although these men and women had been discussing very difficult subjects and weren’t at the most brilliant point in their lives, something had clicked and made them feel positive. As they talked, I jotted down a few of their comments: ‘Helped me to keep quiet and listen to what the other person wanted to say’, ‘I enjoyed it a lot’, ‘It brought us even closer together. ‘About parenting - we were in two different places, now we’re in one.’ ‘Every day was educational’, ‘lightening, refreshing - put our marriage back on the right track’, ‘taught us how to deal with money issues and bad phone calls’ ‘the course is crucial for getting the skills of life.’

T

wo prisons: two programmes. My first destination was the prison chapel in HMP High Down where the charity Time for Families had been running a six day programme. The charity’s director, Simon Pellew, had invited interested guests and funders to celebrate the successful completion of their 25th course in High Down. It’s run by Chrissie and Barry, a husband and wife team who had twenty years experience in marriage counselling before joining Time for Families.

The way it works is that the prisoner invites his partner to join him in the prison 9am to 4pm for six days during which every aspect of their life together, including the effect of prison, are discussed. Twelve to fifteen couples take part. There is always a full take-up at whichever prison it’s running - not just because you get quality time with your beloved, although that must help! Barry told me that, ideally, they like to work with couples where the man (or woman) has just started his sentence so that they can prepare him for the problems that will arise.

The most surprising comment came from a woman who described coming home one day and finding a bunch of red roses on her doorstep. Never, never, she assured us, had her husband ever done such a thing before. The husband, sitting beside her, looked modestly embarrassed, before saying with a smile, ‘She was scared at first because she thought it was from a stranger!’ Afterwards I talked to James and Kay who had been allowed to do the course twice and told me ‘It changed everything for us, not only helping our relationship but teaching us how to deal with simple things like phone calls and letters that can be so

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The most surprising comment came from a woman who described coming home one day and finding a bunch of red roses on her doorstep. Never, never, she assured us, had her husband ever done such a thing before The course is called Building Stronger Families and I certainly came away thinking it was one of the most useful programmes I’d seen for a while. Since this was High Down, at the end of the session the couples were off to celebrate with snacks at The Clink restaurant inside the prison. I’d been lucky enough to have already had lunch there. For the record, I ate perfectly cooked sole while listening to the restaurant’s energetic chief executive, Chris Moore, who told me about all the famous chefs coming to help promote the scheme. The great Al Cresci was there, of course, the award-winning chef who trains the prisoners not only to cook but to manage the restaurant. The Clink also tried hard to see the trainees get jobs once they leave prison. Even without The Clink factor, I’d recommend checking when or if Time for Families is next running a course in your prison.

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Diary

Insidetime August 2011 www.insidetime.org A week after High Down, I was off on the trek to HMP Whitemoor. CARAT’s director in the prison, Ian Wells, had invited me to a Drug Awareness day for his team of PADS (Peer advisors on drugs) and other prisoners on their books. This was held in the chapel too. What would prisons do without them? Keith Rose, one of our top writers on Inside Time, welcomed me with a few bars of Danny Boy on the chapel organ; I’ve always liked that tune. Since this was prison the day had to have a message so Ian had chosen three people to give talks who all had something positive to offer people who had difficulty staying on the tracks. I missed the first speaker, Ian McDowall who came from the charity Tough Talk, but since I was told his expertise lay in the area of steroid abuse I’m not sure I would have taken much from it.

Prize winner, Simeon Hannaway’s drawing of his brother and nephew. I did hear Sue Cox from Smart UK, a charity that offers auricular (the ear) acupuncture in prison. It is already running in 112 prisons in the UK. Sue was a lively speaker who had been through her own difficulties, being raped at ten, becoming an addict and an alcoholic. She emphasised the scientific basis for acupuncture and gave us some convincing statistics of the effect of simple ear acupuncture: worry level reduced by 30%, drug craving by 47%, physical well-being improved by 32%. Ian, she told us, was trained to deliver ear acu-

puncture, plus two others in the prison. I whispered to my neighbour whether he was planning to take up the offer and he whispered back that he wasn’t. Clearly, Sue’s still got to break down some barriers. Perhaps it was the slides of horses getting treatment that put off my neighbour. The third speaker, Dave Boy Green is an ex British and European champion boxer, born only seven miles from Whitemoor. He didn’t say whether he’d ever been inside before but I guess not, for any reason, because he seemed extraordinarily sensible for a man who had been in the head bashing business. On the other hand, he finished his boxing career, although not his involvement with boxing, when he was twenty eight. When he was asked ‘Did boxing affect your health?’ he replied, smiling, ‘I was never very clever.’ But he struck me as a very clever man who’d made a great life for himself, avoiding all the temptations of big success. Not a bad role model, even without the success. After the talks, we visitors were given some idea about how CARAT works, including their fund-raising efforts which recently raised £600 through a football match with the governors. The money went to Free Kicks, a charity for disadvantaged kids. Talking to some of the PADS, I was impressed by how ready they were to help other prisoners in trouble. Many of them were serving extremely long sentences which perhaps made them more available to do this kind of volunteering. Certainly, there seemed very little work around for Cat A prisoners - the workshop has just been deemed insecure for Cat As. But one young man I talked to had just taken an A level in business studies. Finally, there were prizes for artwork – I particularly liked the drawing by Simeon Hannaway of his brother and baby which won first prize (pictured). By eleven thirty it was all over, the men were shepherded off and I was escorted outside the main building to the staff canteen. It was beef roast day which might not have reached The Clink standard but I suspect was well above whatever the men were eating inside the prison. Finding myself sitting opposite the C of E chaplain, I asked him who patronised the chapel for religious reasons. He told me: 32 Anglicans, 21 Catholics and 118 Muslims. Food for thought indeed.

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Nature Notes A monthly feature for Inside Time by James Crosby

P

eter Marren, renowned naturalist, once described moths as ‘anti-butterflies’ perhaps because moths have a reputation for drabness and nightflying secrecy, their dullness furthered by irritation as they fly spirally around a light source, such as a bulb in people’s sitting rooms. However, a warm still evening can lure out a wealth of species, and with more than 2000 species of moth in Britain alone, you’re sure to experience some of our finest biodiversity. Moths are well adapted to their nocturnal existence, they are able to find scented flowers in the dark with their feathery antennae, the species here are ‘macro-moths’. The Six-Spot Burnet is one of seven species of burnet moth and is a common species, favouring meadows, road verges and waste ground. As its name suggests it has six red spots on a background of bronze-green, the two innermost spots often merge. This moth exudes a yellow liquid when attacked, seeping hydrogen cyanide – the poison is acquired in the caterpillar stage from its larval-food plants; vetch and trefoils. This moth has a slow, lumbering flight and is often reluctant to fly. The Magpie Moth is commonly found in gardens, especially close to its larval-food plant of currants and gooseberries. It is a weak, night-flying moth, very distinctive in colours of red, white and black which scare away potential predators. It was the study of this particular moth which proved that it is the egg which determines the sex in moths – in human beings it is the sperm.

The Brimstone Moth is on the wing from April to October. It is a bright yellow, sulphur coloured moth with brown markings and the slightest hint of Adonis blue is evident on the fore-wings. This species of moth is often seen flying by day and is often mistaken for a butterfly, however, it can often be attracted to well-lit windows of an evening. The Setaceous Hebrew Character – a member of the noctuid family, at over 400 species, are drab-coloured insects with large bodies, they fly at night, however there is considerable variation between the species and every shade and nuance of brown is very apparent – is a ‘brown’ job, however, upon closer examination its wings are purplish-brown with a ‘bow-tie’ shaped mark on its flatfore-wings. Found nearly everywhere, their caterpillars feed on dead nettle and other herbaceous plants in gardens and waste ground. This large, fast-flying moth could be mistaken for a hummingbird due to its frenzied hovering at food plants; it beats its wings so fast you can hardly see them. The Humming-Bird Hawk-Moth is a summer visitor from Southern France and can fly over 100 miles a day. They frequent parks and gardens, visiting buddleia, lavender and tobacco plants, probing individual flowers with its long proboscis and it is often seen hovering in front of sun-baked walls, absorbing the reflected heat. James Crosby is currently resident at HMP Stocken

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18

Mailbag Fundamental questions that must be answered

..................................................... JP Lang - HMP Glenochil It is ironic that, in seeking to protect the independence of centuries-old Scot’s law from external intrusion by the UK Supreme Court created only a few years ago, the most strident criticism of the First Minister of Scotland and the Scottish Justice Minister has come from senior figures in the Scottish legal establishment. Certainly some of the earlier personal comments which have ruffled legal feathers were unwise and intemperate, but that should not be allowed to detract attention from the central issue. It looks as if those at the head of the Scottish judicial and policing system have been sleeping on the job and have failed to take account of recent human rights developments when investigating crimes, judging cases and dealing with appeals. Despite all the rhetoric recently from both sides, some fundamental points have yet to be explained. First, when police forces in England and Wales realised that interviewing suspects without a lawyer present was a breach of human rights and stopped the practise in 1984, why did Scottish police forces simply not follow suit?

Insidetime August 2011 www.insidetime.org

If they had done so, the Cadder case would never have arisen, hundreds of criminal cases would not have had to be abandoned and thousand of earlier convictions rendered potentially unsafe.

Newsround

Why did the Lord Advocate and the Solicitor General not instruct Scottish police forces to change their procedures, and why did defence lawyers and judges not pick up on this human rights issue sooner? Second, why have the highest Scottish Courts of Appeal apparently failed to take account of human rights in reaching their decisions in some cases? After all, the European Convention on Human Rights has been specifically adopted into Scottish law and, as far as I know, appellants are free to use the convention to support their cases.

This is no way to manage female prisoners in Scotland

Why should appeals on human rights grounds have to go to the Supreme Court or even to the Court of Human Rights at Strasbourg, instead of being dealt with quite satisfactorily here in Scotland?

Follow-up inspection: 1-4 February 2011 Report dated: 14th April 2011 Report published: 14th June 2011

Third, if vital evidence contradicting the central point of a criminal case is known to the prosecution but is deliberately withheld from the defence, surely this in itself is enough to make the original verdict unsafe. It seems to me that the principal matter of concern in the present debate is not politicians interfering with the independence of the judges, but the failings of the Scottish judicial and policing systems. If Scottish courts at all levels take proper cognisance of human rights issues that arise in any criminal case, there should be no need for any appeals to go from Scotland to the UK Supreme Court.

Prison Inspection HMP & YOI Cornton Vale

Cornton Vale is Scotland’s national facility for female prisoners. It was last inspected in September 2009 and the report of that inspection contained a high number of recommendations and points for action: it was not providing the care and attention that Scotland’s vulnerable women prisoners needed: nor was there sufficient purposeful activity and rehabilitative work available for the rest of the population. The inspectors said the prison needed strong local leadership to change the culture, improve staff training and improve the treatment of prisoners. In order to provide a good and decent regime the inspectors recommend reducing the population

Complaining right The Scottish Public Services Ombudsman gives the details on making a complaint

W

Advice

hen the Scottish Prisons Complaints Commission closed last October, complaints about the SPS came to us - the Scottish Public Services Ombudsman (SPSO).

We have two leaflets to tell prisoners about our service. Ask a member of prison staff for a copy or get one from the library. Our staff are always available to answer your questions - our freephone number is at the end of this article. Even though we give information about complaining in our leaflets, we still get a lot of complaints from prisoners too early. Last year, about 13% of prisoner complaints came to us before the SPS complaints process (CP) was finished. We normally can’t take unfinished complaints and had to send them back to the prisoners who made them. We know it will be frustrating to have a complaint returned. However, we are the last resort for complaints so can normally only look at complaints that have completed the CP process. It’s important for prisoners to be aware of their rights. This includes the right to complain about a service that’s been

delivered badly or not delivered at all. Prison and YOI staff should remind prisoners to finish the CP process before complaining to SPSO. Of the complaints that we could take further, table (1) shows the top subjects of complaint we received between 1 October and 1 April 2011. The top one is ‘security, control and progression’. Under this heading, people complained about access to behaviour related programmes; downgrading; progression; sentence planning and removal from association/ segregation.

What we can and cannot look at We can’t look at all of the complaints that we get. The SPSO Act 2002 sets out our powers. Simply put, it’s our role to make sure that organisations that deliver public services in Scotland have the correct policies and procedures in place and that they are following them. Last year, of the complaints we received about prisons, a small number (6%) were about subjects that we aren’t able to look at.

Unless there are special circumstances, we will not consider the following complaints

>> If the issue that led to the complaint happened more than a year ago.

and, in the meantime, moving out the excess prisoners to bring the population down to 300. In 2009 the inspectors said that the whole environment needed to improve but the revisit found, in some areas, such as the Mother and Baby Unit, it has worsened. Women have poor access to toilets in Bruce and Younger Houses and this affects their dignity, safety, and health. Staff/prisoner relationships have deteriorated which inspectors thought might be the result of low staff morale and a general malaise which they describe pervading many staff groups. Prisoners did not trust staff and this was most obvious in relation to staff handling of prison complaint forms which was perceived by the women to be suspect. Women complained to Inspectors about a culture of swearing and shouting among staff and of name calling which caused some women to feel angry and embarrassed in front of others but reluctant to make formal complaints for fear of reprisal. Inspectors criticised the gender balance within the uniformed staff group where they found too many occasions when there are insufficient female staff available to attend to female-specific issues such as searching. The mental health issues affecting significant numbers of female prisoners held in Cornton Vale continue to be a source of concern for inspectors and the inappropriate use of a ‘dismal and depressing’ segregation unit as a ‘control measure’. The inspectors called for a complete review of the regime, finding far too many women locked in their cells or house blocks at any one time. Only a minority having access to activity.

>> If the complaint has already been dealt with by us and if there is no new information. Our Act also prevents us from looking at

>> the decision or punishment received in the orderly room. >> conviction or sentence and decisions about parole or life licence.

>> cases where there are ongoing legal proceedings. We also can’t currently look at complaints about medical treatment received. This may change later this year – if it does, we will issue information about any changes. Our advice team can give more information about the types of complaints we can look at. Call us on 0800 377 7330.

Top ten subjects of prison complaints received (2010-11) Subject

Complaints

Security, Control & Progression Privileges & Prisoners Property Communication & Records Health, Welfare & Religion Leave from Prison (Inc. HDC) Admission, Transfers & Discharge Discipline Physical and Personal Environment Work, Education, Earnings & Recreation Supervision Levels Subject Unknown Out of our remit

83 33 32 21 17 17 17 15 13 2 28 17

scottish focus

Insidetime August 2011 www.insidetime.org

19

Putting Scotland’s house in order Sandra Lean, author and researcher, puts the spotlight on SMP Alex Salmond and mistakes in the Scottish justice system throughout, received an even less satisfactory response – no reply at all. Yet a comment left on Sean Toal’s website states:

Comment

T

“It’s common knowledge who the assailant was in this crime. He openly brags about it, gaining some sort of sick street cred, while an innocent man languishes in prison.”

he Scottish Daily Record reported that First Minister Alex Salmond had been “pilloried by opponents for dragging his feet on the phone-hacking scandal” and the BBC point out that when he did break his silence, it was to criticise the Westminster government for failing to regulate media organisations, rather than a direct criticism of the newspapers involved. He said:

Corinne Mitchell, whose son Luke Mitchell was convicted in 2005 of the murder of Jodi Jones, and who has always protested his innocence, wrote directly to Mr Salmond over the row about Scottish cases turning to the UK Supreme Court in London to have these issues addressed, because the Scottish Courts refused to acknowledge them. An aide of Mr Salmond, Kevin Philpot, responded on his behalf: “The Scottish Ministers cannot comment on

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or intervene in individual cases. For this reason The First Minister has been careful to avoid doing so in relation to specific cases featured recently in the media; the principle the First Minister has raised is rather about the jurisdiction of the Supreme Court.”

The real crux of this issue is the one Mr Salmond acknowledged himself, with reference to the phone hacking debacle. If it is not good enough for him that Westminster failed to act to stop breaches of the law, and bring particular houses into order, why is it good enough for him to justify the same failings in his own actions at home?

By attempting to put a stop to the right of convicted persons to appeal to the Supreme Court, Mr Salmond is clearly intervening in individual cases. As for commenting on individual cases, everyone in Scotland knows exactly to whom his interventions refer.

This is not just a political row about who makes decisions, or where they are made. In the words of Martin Luther King, injustice anywhere is a threat to justice everywhere. It is a terrible indictment on Alex Salmond and the Scottish Nationalist Party that they have actively fought to prevent injustice in Scotland being recognised and rectified.

Carol Toal, whose son Sean was also convicted in 2005 of the murder of Paul McGilvray, and who has also maintained his innocence

Perhaps Mr Salmond should concentrate on putting his own houses in order before making such sweeping judgements about others.

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I am talking, of course, about the cases where human rights legislation has been breached by Scottish courts. Mr Salmond knows this to be the case. He knows that Scottish criminal courts have not been operating in compliance with the European Convention on Human Rights, even though Scotland agreed a long time ago – in 1998 - to do so. He knows that warnings have been issued over the years that Scotland’s procedures have been unlawful, and that

Scottish courts must act to bring their practices into compliance, but nothing has been done to bring this particular house into order.

the Comprehensive Guide to Prisons & Prison Related Services

Yet we know Mr Salmond, himself, has been informed of instances of not only potential, but actual, breaches of the law. Indeed, he has made direct reference to these breaches, but in these instances, Mr Salmond is not only determined to uphold these breaches, but to legitimise them.

First Minister Alex Salmond at a Scottish Government meeting.

insideinformation

“We now know that the information commissioner presented evidence in November 2006 covering our major publications - thousands of instances of potential breaches of the law - and yet the Westminster government did absolutely nothing to bring the range of houses into order.”

Both Sean Toal and Luke Mitchell were questioned without legal representation or advice under the notorious “Section 14” interview procedures, a practice which was halted in October last year, following the landmark “Cadder” ruling by the Supreme Court. Both were subjected to the discredited “dock identification” process, yet both are still fighting to clear their names.

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Insidetime August 2011 www.insidetime.org

Tackling canteen price increases John O’Connor calls for radical rethinking to keep prices down

P

risoners’ moans about rip-off canteen prices are as predictable as the sound of the first cuckoo heralding the arrival of spring. Yet there’s nothing seasonal about the inexorable leap in canteen prices: the latest three-monthly revision of canteen sheets concentrates more on price rises than changes in available items. But this shouldn’t come as any surprise following disclosure of a confidential Ministry of Justice directive signed by the “Head of Prisoner Retail” within NOMS. It’s addressed to prisons which stock and bag canteen for other prisons within their geographical area of operation. And this directive makes no bones about the imperative to charge prisoners as much as possible for their canteen. Under the heading “Choosing items with higher [profit] margins”, the directive states: “Each establishment retains the profit margin made between the purchase price and the selling price of items as a contribution towards the service charge. The higher the sales margin, the more profit will be created. Products are rated on the Red/Amber/Green version of the NPL [National Product List]. Try and choose green lines to improve your margin, and avoid red ones where possible.” Apart from stating the obvious, this pricing directive might also explain the source of funding of Prison Service bosses’ annual bonuses! So it’s no wonder canteen spending choice is predominantly restricted to higher-priced items in the light of so blatant a directive to squeeze (screw?) prisoners for the maximum amount possible. This couldn’t be easier for there’s nowhere else other than within a prison environment that monopolistic, anti-competitive practices such as price-fixing and restricted choice would be permitted. In the process such practices contradict the claim that prisons are a microcosm of society; that they mirror what goes on in the world located the other side of barbed wired-topped walls. For unlike the real world, there’s no incentive within a prison environment to try and make canteen prices reflect prisoners’ pay.

canteen functions. What would indicate otherwise is what the big retailers confirm daily attractive prices and special offers such as wonderfully-named BOGOFs (Buy One Get One Free), etc. The obvious retort by the Head of Prisoner Retail could well be “Why should we? After all, this is a monopoly operation: there’s nothing to stop us offering what we like and charging what we want when maximising profit margins. And what most prisoners don’t realise is that apart from providing them with their canteen we also provide jobs and training, especially to those who, when released, could qualify for employment in logistics warehouses.”

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In the real world Tesco, Sainsbury, Asda, Waitrose, Morrison, M & S, etc, all pitch their prices at what the market will bear. For these masters of the retailing universe know if they didn’t, customers would soon vote with their feet and shop elsewhere. But niceties such as customer choice aren’t part of the mindset of NOMS and its “Head of Prisoner Retail”. For both have the comfort of knowing we lack the choice of taking our custom elsewhere. It’s enough to make these supermarket chains go green with envy. Some prisoners think the answer to the problem of ever-increasing canteen prices is simply to increase prisoners’ pay. If only. In his letter in the June edition of Inside Time, Robert Bennett, writing from HMP Leeds, sees pay rises as the solution. In an ideal world pay would be linked to prices. But the world presently, and the British economy in particular, is far from in an ideal situation. Prices world-wide for commodities such as wheat, rice, cocoa, etc have gone through the roof. And simply to increase wages to match those results is nothing other than a vicious inflationary spiral. Nor would

this dog chasing its tail antic halt price increases. Instead it creates a spiral which feeds on itself. As prisoners we are experiencing the micro-economic effect of macro-economics: we have no influence over either. To be fair, the Prison Service has little say over some of the price increases we see on our canteen sheets. Mr Bennett acknowledges this when accepting that”... we’ve just had another annual VAT increase on tobacco due to the government. This is something all smokers have to accept ...”... And yes, as Mr Bennett adds, “... if prisons would allow a small wage increase once in a while, just to match what’s going out.” Unfortunately, it doesn’t work like this on the “inside” anymore than it does on the “outside”. But that’s not to say that we should just roll over when resignedly accepting seemingly never-ending canteen price rises. Personally, I believe the way the Prison Service runs its canteen operation reflects its inadequacies in other areas. For there’s not a scintilla of creativity, of imagination, in the way the

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So having identified a role of the prison-based canteen system other than stuffing plastic bags with mainly overpriced goodies, this retort fails to explain/justify the pricing policy. Everything else is just a smokescreen. Getting down to the nitty-gritty requires an assessment of the fundamentals: what has gone right and what has so obviously gone wrong with the canteen system to the point that most prisoners can now barely afford to buy more than just a couple of items? Because the prison canteen system cannot serenely continue going its own sweet way as though completely oblivious of prisoners’ inability to keep pace with price increases. And the answer isn’t to increase prisoners’ pay: politically and economically it’s a no-no. There’s little disputing that the driving force resulting in lower prices is competition. Whether you’re an economist or a housewife struggling to make ends meet, pricing competition determines your purchasing decision. So why cannot the same principle be exploited by the Prison Service? After all, it is being increasingly applied to the running of prisons, with private operators queuing to take on nine more prisons which the Justice Minister just recently announced are up for grabs. The imminent handing over of HMP Birmingham to a private operator confirms that where there’s a costbased will to run things better, then there’s

Comment

Insidetime August 2011 www.insidetime.org most certainly a way of achieving it. There are also parallels to be drawn in the way Birmingham ended-up privatised and what could be the provision of a national canteen service. The latter already faces a threat from the private sector because some of these prison operators have opted for Aramark instead of the Booker/DHL combo linked to public sector prisons. Undoubtedly these hard-nosed operators have as their underlying philosophy “value for money” and if this means there’s also less moaning by prisoners over canteen prices then the likes of Aramark will have more reason to be invited to come on board. The most obvious failing of the NOMS pricing policy imposed on prisons is the inability to distinguish between volume and profits margins. For there appears a belief that concentrating on nationally branded goods is the principal route to high profit margins - irrefutably so when operating a monopoly. But eventually, when wages are no longer able to keep pace with prices, customers simply stop buying anything other than essential items, monopoly or not. But there is an alternative to this high price policy. It’s one already well-known to supermarkets. It’s called “own brand”. Admittedly, the Happy Shopper economy line appears sporadically on our canteen sheets but rarely where it would be really welcomed, such as the confectionary section. With the exception of just a couple of items, all others on it are from nationally branded high price manufacturers. Yet it doesn’t have to be like this because the volume generated by higher sales of low-cost items can more than off-set the loss of margins on higher priced items. Don’t believe me? Then try visiting your local supermarket and see the extent to which own-brand

goods are grabbing more and more shelve space. While the Prison Service can rightly claim to be a world leader in various aspects of penal management, it fails abysmally when operating a canteen service which reflects the limited purchasing power of the vast majority of prisoners. It should recognise this failing as willingly as it accepts that private operators can run prisons more cost effectively than the public sector. Similarly, as far as running a canteen service it should throw in the trowel and get the professionals to do the job. These professionals undoubtedly exist but obvious candidates aren’t solely confined to the big supermarket chains. They are amongst names increasingly springing-up on high streets. Names such as Poundstretcher, Poundland, 99 Pence, etc. Presently Poundstretcher is expanding at a phenomenal rate, for it appears the less money people have in their purses, the more money Poundstretcher makes though increased sales. And its profits for the last financial year have gone through the roof. Although Poundstretcher pays its staff at least the minimum wage, what it pays them hourly is often more than what many prisoners are paid weekly. Its labour costs are vastly greater than those of the Prison Service which relies greatly on prisoners for the warehousing and bagging of canteen orders. Yet it can still make millions of pounds in profits. The moral of this tale: take a leaf out of Poundstretcher’s highly-successfully operating manual and let prisoners benefit from the many obvious lessons to be learnt from it during and after they have served their sentence. John O’Connor is currently a resident at HMP Whatton

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Mentoring scheme that really works Inside Time visits a drop-in centre for newly-released prisoners in Southampton

by Noel Smith

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ollowing a recent Justice Committee report which pointed out that Probation Officers spend up to 75% of their working day completing paperwork, Justice Minister Kenneth Clarke announced plans to get Probation Officers out from under their forms and reports in order to spend more face-to-face time with their clients. Clarke wants the ‘tick-box bean counting culture’ to end and for Probation Officers to take a more active part in stopping reoffending by engaging with their clients. So a new scheme in Hampshire should fit the bill very nicely. The Mentoring Solutions CIC (Community Interest Company) drop-In, based in Southampton, is an initiative of Operations Manager and Probation Officer Brian Leigh and is backed by the Hampshire Integrated Offender Management Scheme. The drop-in centre, with its ex-offender mentors, started in February 2011 and the first 6 months of its operation were funded by the Primary Care Trust. Funding for the next 6 months is coming from the Probation Service. NACRO are also involved with the scheme and help with referrals and training opportunities.

card (Construction Skills Certification Scheme) held at the centre, so that the ex-offenders will be better equipped for seeking employment in the building industry and elsewhere. The Mentoring Solutions drop-In centre is situated in a basement below the Southampton City Centre Parish Office. On the first day we visited the centre there were two uniformed police officers there; not looking to arrest anyone but playing pool and table tennis with the occupants. Jeff, one of the centre’s clients, nods towards the police. ‘I don’t mind them being here,’ He says. ‘It shows we’re serious about keeping away from drink, drugs and crime’. The drop-in centre was once a nightclub and there are still reminders of its previous existence in the shape of a long bar and disco stage. But where there was once drinking and revelry there is now tea, coffee and snacks. A section of the drop-in contains computers on which clients can access job opportunities and housing.

Brian Leigh (Operations Manager) talking to former prisoner, now mentor Paul Smith.

Members Jeff and Dan playing pool with Brian Leigh, Paul Smith and Alex Downer from Hampshire Probation in the background.

The aim of the scheme is to identify people who need help, not just in combating drug and alcohol addiction but also in settling back into the community, whilst they are still in prison. Once identified as meeting the criteria the client will then be referred to the scheme, either by the Prison Resettlement Team, probation or the IOM team, which is made up of probation, police and social services. The client will then be interviewed by phone. If suitable the client will be met at the prison gates on the day of their discharge by a couple of the mentors who will take them to the drop-in centre to sign up. The mentors, who have all been recruited from prison and fully trained for the job, will then offer real help and assistance in the practicalities of settling back into the community; by helping with job applications, housing applications and other form-filling. At the moment Brian is in negotiations to get the course for the CSCS

Ian, one of the mentors, with almost 18 years of imprisonment behind him, mainly for crimes committed due to his addiction to drink and drugs, has been clean for five-anda-half years and involved with the mentoring project since the beginning. One of four full-time paid mentors, Ian is approachable and easy-going and, like the other mentors, he believes the fact that he has been through the addiction/prison mill means the members are more likely to listen to him. ‘It’s all well and good having degrees in this and that, but if you’ve got an addiction, or any other problem, you want to talk to someone who’s been there, done it and got the tee-shirt. That’s why mentoring works’. There are nods of agreement from mentors and clients alike. In time Brian Leigh is hoping that the success of Mentoring Solutions CIC will mean an expansion into Portsmouth and then possibly Basingstoke and hopefully throughout Hampshire and beyond. If you are planning to resettle in the Southampton area and you are looking for some genuine practical help then you should speak to the Resettlement Team at your prison, your Probation Officer, or even get in touch with us here at Inside Time. We all know what a chaotic struggle the first few weeks out of prison are and I’ve seen at firsthand how that chaos and struggle can be alleviated by the right help at the right time.

22

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Insidetime August 2011 www.insidetime.org

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f its 5,000 or so prisoners, almost 900 - mostly drug offenders - have been sentenced to death. Bangkwang is Bangkok’s maximum security prison; designed for long term and death row prisoners. All prisoners are required to wear leg irons for the first three months of their sentences. Death row prisoners have their leg irons permanently welded on.

To put it bluntly, if a UK citizen had killed someone in Thialand and had received a life sentence, they would have had their sentence re-assessed and even reduced by the High Court after they were transferred to the UK. But because they are on a fixed term sentence that cannot be changed. (Although it is, very often, for prisoners returning to Australia and the US!).

For UK prisoners (50 in total) the huge shock comes when they receive a massive sentence in Thailand for a crime that might have only attracted a couple of years here.

In a debate in the House of Lords in February this year, the Bishop of Liverpool asked the Minister ‘if the Ministry of Justice would look into the disparity of treatment between those transferred prisoners on fixed term sentences that cannot be changed and those on whole life sentences that can be assessed and even reduced by British Courts.’

Steve Wilcox was arrested in Thailand for being found in possession of 0.8oz. of heroin, 0.7oz of marijuana and a small number of amphetamine and ecstasy tablets. And because of Thai laws he was also ‘automatically’ charged and convicted of supplying drugs, despite his claim that they were strictly for his own personal use. (He lived in Thailand with his wife and son). He was sentenced to 33 years and six months, reduced by a Thai Royal Pardon to 29 years and 3 months. The other shock UK prisoners get when they transfer from a Thai prison to a UK prison is that under the existing arrangements of the Prison Transfer Agreements (PTA) repatriated prisoners serving fixed term sentences are released on licence at the halfway stage from the date of their ‘transfer’ as opposed to the date of their ‘arrest’ as it obtains for most prisoners sentenced in the UK. This unfair system means that when a repatriated prisoner is released on licence depends entirely on when they were transferred to the UK - a process a prisoner has absolutely no control over.

The Minister told the House that ‘officials at the Ministry of Justice have recently concluded a Review of the Anglo-Thai Prisoner Transfer Agreement’.

‘Bangkok Hilton’ There are possibly worse prisons in the world but Bangkwang Central Prison in Bangkok, known in the West as the ‘Bangkok Hilton’, is one of the most notorious. On a private visit to Australia, Eric McGraw stopped off in Bangkok to meet some British Prisoners

Fair Trials International told Inside Time ‘the Government were reviewing only the UK’s provisions as they apply to transferred prisoners’. That sounds as if officials at the Ministry of Justice cleverly side-stepped the crucial matter of ‘disparity of treatment’ raised by the Bishop of Liverpool (and others) in the House of Lords in February.

Detaining repatriated prisoners unnecessarily is a costly business - an average £45,000 a prisoner a year to be exact. At a time when the Government is closing prisons to save money, unnecessary imprisonment is an outwaste of taxpayers Petherbridge - Inside Times 160x130 v8.qxd:Layout 1rageous 27/04/2011 11:06 Page 1 money.

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The turning of the worms A serving prisoner sifts through the News International scandal

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o doubt sceptical brows will be raised that a prisoner has the temerity to write an article excoriating journalists, politicians and police. Whatever of my temerity, at least I can state that I accept responsibility for my wrongdoing and have paid a price in the form of the twelve years to date I have spent in prison. As for what follows I certainly plead ‘not guilty’ to any charge of ‘holier than thou’ which might be laid. I feel I have as much right as anyone else to comment upon the ongoing shabby saga regarding certain of our media, police and politicians. I refer of course to capricious Rupert Murdoch, unconvincing John Yates of Scotland Yard (so described by the Chairman of a Parliamentary Select Committee) and the duplicitous Prime Minister, ‘We’re all in it together’ David Cameron. The ambiguity of ‘We’re all in it together’ needs no explanation from me to anyone with any interest at all in current affairs. The catalogue of allegations and established facts regarding the immoral and criminal behaviour of News International is breathtaking and burgeoning day by day. The revelations concerning corrupt police officers have undermined confidence in the Metropolitan Police, exacerbated by their abject failure to conduct a diligent and competent investigation when the hacking of Prince William’s phone came to light. This shameful failure saw the ongoing victimization of thousands of victims. As for politicians, none can lay claim to moral high ground as in furthering their individual and collective ambition they have shown themselves to be sycophantic and fearful of Murdoch’s red top rags. In an act of cynical corporate expediency Murdoch made a sacrificial lamb of the News of the World. I for one applaud the demise of that prurient waste of the rain forests. His cynicism appears to have availed him nothing as the pressure mounts for him to abandon his planned acquisition of B.Sky.B. The politicians who for decades sought to worm their way into the opprobrium of Murdoch have now turned upon him and here again I suspect little more than an act of cynical expediency. In the final analysis politicians will sell their mothers

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into slavery for votes and power; there are few exceptions. Image is all and in the eyes of an appalled electorate they must be seen to act against Murdoch. The straw that broke Murdoch’s back were the revelations regarding the hacking of Milly Dowler’s phone, the Soham children and those relatives of service personnel killed in Afghanistan. The politicians had to turn as Murdoch has turned upon them historically, see Gordon Brown, Neil Kinnock et al. It would appear Murdoch’s power is weakened, one can but hope fatally so. He lends the truth to: ‘Power corrupts, absolute power corrupts absolutely’. The likes of the News of the World, The Sun and others of the aptly named gutter press have long feigned moral outrage in their exposés and so-called reporting of scandals, crimes, and the bad behaviour of diverse people they have targeted down the decades. That is not to say many of their targets did not merit exposure and vilification. However, these who claim moral high ground need to be sure the ground is solid. It is self-evident that News International is morally bankrupt, (hopefully, commercially so in the near future), criminal, and crassly hypercritical. ‘Physician heal thyself’ is decidedly apt where the organisation is concerned. The contagion does not appear to be limited to its red tops; The Sunday Times stands accused of comparable wrongdoings. ‘Outraged of Tunbridge Wells’ must actually be so, or so I would hope. Speaking of ‘red tops’ it stretches credibility that Rebekah Brooks remained in post when Murdoch sacrificed many others in his vain-

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glorious damage limitation exercise. The same can be said that the intrepid Yates of the Yard sees no need to even consider his position. ‘We’re all in it together Cameron’ struggles on to justify his employing of ex News of the World editor Coulson and you can bet Dave will not be considering his position anytime soon regardless of his poor judgement and lack of leadership. It truly does beggar belief does it not – and I’m the criminal, the social pariah? Fair enough, I am, but as aforementioned I do at the least accept responsibility and have a sense of guilt, a sense of shame and remorse. Spare us all hypocrites with no sense of empathy, no honour, who presume to judge the like of me. So, where are we? Given this is a developing story and the end is below the horizon there can be no neat conclusion if indeed there ever will be. In all probability some will find themselves in one of these places though probably not nearly as many who should á la the politicians who defrauded and stole from the public purse in the expenses fiasco. By means of illconceived reactionary legislation I fear for freedom of the press. I fear more that lack of personal and professional integrity is endemic amongst those who purport to be moral and ethical beings. ‘Handsome is as handsome does’ and evidence to date belies their claim. I do not recall who coined the term that a people get the governance they deserve. I do know precisely what he/she meant. I believe too we get the press we deserve and the police we deserve, public apathy, the justified cynicism of many and the preoccupation of day to day

living in constrained times all combine to give free rein to those devoid of integrity and ethics, to corruption and abuse of power in whatever form. Murdoch is by no means the first media mogul to abuse his power. Robert Maxwell and Conrad Black spring to mind and Beaverbrook was not integrity personified. The Hirst Empire in the USA did not stand close scrutiny. You would think the lessons of history would have been learned but expediency, greed, the lust for power conquers all. Readers who live their lives vicariously fill the coffers of such as Murdoch in buying the trash he and other proprietors peddle. Supply and demand; this symbiotic combination is a toxic one in this case. At this point final judgements must be deferred pending police investigation and the public inquiry. From what is known I do say ‘a plague on all your houses’ and I acknowledge a certain sense of Schadenfreude in seeing the mighty struggling for balance if not following as yet. The lid is off the proverbial can of worms and it is fascinating to see them squirm and turn. We can but hope some good will come out of it all. Such hope may be forlorn but nonetheless it springs eternal.

Postscript: Since writing the above, matters seem to have developed apace. Some of the mighty have fallen, or perhaps ‘jumped’ is a more accurate word. The Metropolitan Police Commissioner, Paul Stephens, Assistant Commissioner, John Yates, CEO Rebekah Brooks and some lesser lights have resigned. Messrs Rupert and James Murdoch appeared before a Parliamentary Select Committee as have all the aforementioned. There is still a long way for this shabby saga to run and, I wager, much more to be exposed. None of it surprises me, I wish it did, but it does anger me; these self-evident hypocrites presume to sit in judgement on such as me, but the worms have turned. Amen to that.

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Insidetime August 2011 www.insidetime.org goes on benefits and £1.2bn on looking after the addicts’ kids,’ yelled the News of the World (RIP). Within the drug treatment sector the report has been branded ‘inaccurate and misleading’ and guilty of using ‘financial scare tactics and poor arithmetic’. The charity Drugscope said ‘The report’s calculations of the cost of methadone prescribing include much of the total cost of providing the drug treatment system as a whole, including detox, residential rehab and treatment for a range of drugs other than heroin.’ Doctors from SMMGP - the organisation for GPs who work with substance misuse - said the report seemed to be ‘designed to denigrate the many years of evidence supporting opiate substitution treatment’.

Inside Drink and Drugs News Drink and Drugs News (DDN) is the monthly magazine for all those working with drug and alcohol clients, including in prisons. In a regular bi-monthly column, Editor Claire Brown looks at what’s been happening lately in the substance misuse field Every now and again all debate in the drug and alcohol field turns to the rights and wrongs of methadone prescribing. It’s happened again with publication of the Centre for Policy Studies (CPS)’ recent report, Breaking the habit. The CPS is a think tank set up to advise government on future policy.

The report brands methadone prescribing ‘an expensive failure’, estimating the cost of providing methadone as £730m a year, with benefits paid to drug users costing £1.7bn a year and the welfare costs of looking after their children a further £1.2bn a year. No sooner had the ink dried on the report than the headline writers were ready. ‘Britain is wasting £3.6bn a year giving drugs and aid to heroin and crack addicts... That would pay for 34,000 nurses or 18,000 doctors’ screamed the People. ‘Alert as drug plan flops ... £1.7bn

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But if you compare it to the cost of abstinence, it will always seem like a poor deal until you consider the bigger picture - the long slow road to becoming drug free, and the high failure and retry rates along the way. Sometimes people can’t wean themselves off heroin without the support of a prescription and why wouldn’t we consider humane treatment of any symptom control? Unfortunately these subtleties are lost on a baying public. When The Telegraph covered the report, a comment typical of their online forum included ‘We need to set up some cold turkey bootcamps. Time to teach the smackheads the hard way.’ Because of the focus on abstinence, and the recommendations that that’s where the funding must go, harm reduction units such as

‘Tough times mean tougher attitudes, and we work with society’s scapegoats, says Maggie Telfer of Bristol Drugs Project. Maggie and colleagues are having to explain the health economics of their services - the fact that there would be very expensive consequences of not providing simple interventions like needle exchange. The risks of HIV are well documented and around 190,000 people in the UK are infected with hepatitis C, with 90 per cent of new infections among injecting drug users, according to Dr Natasha Martin of the University of Bristol. The expertise of needle exchange staff also helps to reduce damage from poor technique and using the wrong equipment, which can give complications and needless side effects. So we’re in a period of great uncertainty, as the budgets tighten and disappear if the political wind’s not in your favour. We just have to hope that politicians read the broader evidence of what works alongside the topslice of this report’s recommendations.

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Insidetime August 2011 www.insidetime.org BG: No, not by the officers, you get treated the same. The people that work in prisons – generally they’ll treat you as you treat them. If you’re respectful and get on with serving your time and cause as few problems as possible, then generally they’re respectful back. A lot of it is about keeping your head down. Initially of course, I got a load of rubbish from the younger ones, but eventually they got over it. NPR: Did you experience any homophobia in prison?

Boy George back behind bars 28 July was World Hepatitis Day and the celebrated musician and former prisoner Boy George visited the National Prison Radio studio to promote the great work of the Hep C Trust. He talked to the producers of Behind Bars about his experience inside, being gay in prison and battling with addiction...

National Prison Radio: How was your prison experience? Boy George: It’s easier to talk about it in hindsight. When you’re there, you’re just getting through it – thinking minute to minute, hour to hour, day to day. It was the first time I

ever went to prison, it was an unknown environment. But you see lots of films and hear lots of stories and you have a completely disjointed view, when you first arrive its terrifying, I don’t care how hard you are. If you’re lucky, you get your head around the fact that you’re there. For the first week, I was really feeling sorry for myself, I didn’t want to eat... but eventually you just go ‘you know what? I’m here!’ Acceptance is a huge thing. NPR: Were you treated any differently because of your fame?

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BG: I spent four months at Edmund’s Hill prison and I experienced, initially, a lot of homophobia, but also a lot of love. It was mainly young guys shouting out ‘batty boy’, a modern term for a homosexual. It was nothing I hadn’t heard before and I dealt with it in the way I would on the street. What I did notice is that there were lots of things on the walls saying you shouldn’t be racist or prejudiced but no mention of homosexuals. People just don’t want to talk about it. One advantage I had is that everyone knows I’m gay, so for me it was a useful thing – if people know what you are, telling me I’m gay is not news to me. Why are you going to tell me I’m gay? Yeah, I know, I’m 50! But for other people it’s difficult and it’s important to talk about it and have a support network. I just think if you’re a real man then why would you be troubled by someone else’s sexuality? I’m very open about it, I’m not ashamed of what I am. I always say – there’s no better time than now to be who you are, whether that’s black, white, gay, straight, lesbian, whatever it may be – stand up and be proud. NPR: Drugs have had a big impact on your life? What’s been the best thing about giving up? BG: Everything! In NA (Narcotics Anonymous), they say drugs lead to jails, institutions and death. Well I’ve done jails and institutions – the only thing left for me was death, so it was an important thing for me to change my life. I definitely see life more clearly now, whether it’s looking at trees, or a personal situation, or arguments... I don’t get rattled like I used to, I shrug a lot. I’ve become a much more chilled person. When I look back now, I think, why would I choose to live with that kind of anxiety 24/7? NPR: Was it a battle? How long have you been in recovery now? BG: I’m three years and six months clean now and I was a year clean before I went in to prison, which was really useful to me because I went in with a pretty clear head. I had a bit of recovery behind me and support network. But initially, I had a drug problem for about five years and probably for the last year I was desperate to give up but no matter what I did, I couldn’t. I felt wretched to my core and I thought, it’s got to stop. Luckily I had a couple of friends in recovery and they helped me a lot. Human beings really struggle with asking for help, especially if you’re a bloke, it’s not something to do instinctively... And what you find is that when you actually do reach out to people, they can be quite amazing and helpful.

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Quote of the Month

‘We have lost a beautiful, talented woman’ Russell Brand writing in the Guardian.co.uk - Sunday 24th July When you love someone who suffers from the disease of addiction you await the phone call. There will be a phone call. The sincere hope is that the call will be from the addict themselves, telling you they’ve had enough, that they’re ready to stop, ready to try something new. Of course though, you fear the other call, the sad nocturnal chime from a friend or relative telling you it’s too late, she’s gone. Frustratingly it’s not a call you can ever make - it must be received. It is impossible to intervene. I’ve known Amy Winehouse for years. When I first met her around Camden she was just some twit in a pink satin jacket shuffling round bars with mutual friends, most of whom were in cool indie bands or peripheral Camden figures ‘Withnail-ing’ their way through life on impotent charisma. But she wasn’t just some hapless wannabe, yet another pissed-up nit who was never gonna make it, nor was she even a ten-a-penny-chanteuse enjoying her fifteen minutes. She was a f**king genius. She came on a few of my TV and radio shows, I still saw her about but now attended to her with a little more interest. Publicly though, Amy increasingly became defined by her addiction. Our media though is more interested in tragedy than talent, so the ink began to defect from praising her gift to chronicling her downfall. We need to review the way society treats addicts, not as criminals but as sick people in need of care. We need to look at the way our government funds rehabilitation. It is cheaper to rehabilitate an addict than to send them to prison, so criminalisation doesn’t even make economic sense. Not all of us know someone with the incredible talent that Amy had but we all know drunks and junkies and they all need help and the help is out there. All they have to do is pick up the phone and make the call. Or not. Either way, there will be a phone call.

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Insidetime August 2011 www.insidetime.org

Probation Officers - just doing their job Charles Hanson examines the relationship between ‘offender’ and ‘offender manager’ fear of dangerous individuals with ill intentions entering the premises.

By Charles Hanson Ex Prisoner

How things have changed from the days when probation staff would be less guarded but why the paranoia today?

A

s a regular visitor to the local probation office to conform to the conditions of my parole licence, which stipulates that I will do as required by my offender manager and report when required to do so, I am always curious as to the various expectations of parolees and those under probation supervision when I engage with ex-offenders in the waiting room. I should note that they refer to us as exoffenders which seems to me to be a dilemma for probation officers who continue to refer to us as offenders, which might imply that we are still offending and that is reinforced by the change of the description of probation officers who are now known as offender managers. Semantics it might be but when I refer to an ex-wife, I really do not mean that she is still my wife. An ex is exactly that, an ex and history, it’s all in the past as offending should be if I am conforming to the laws of the land and all those conditions imposed on me. But no! One must never be allowed to forget. Indeed we are compelled to carry the burden of our past misconduct; we are still labelled as offenders. ‘I have a really good probation officer’, ‘I have a probation officer who really understands me’, ‘I get on well with my probation officer’, just some of the passing comments that I encounter as I wait to see my offender manager, so much faith, so much confidence and so much hero

type worship of someone who is a representative of a repressive criminal justice system which was instrumental in recalling as they did some 13,000 ex-offenders to prison in 2010; most who had committed no offence except perhaps missing an appointment or some administrative failure whilst many would have simply had a difference of opinion with their probation officer. Having a ‘good relationship’ with their probation officer merely implies that they are conforming to what is expected of them all in the name of public protection, which are the wheels on which the probation service runs and for the client having a ‘good relationship’ with their probation officer is not the same thing as being provided with a social service as socio-economic factors such as unemployment, homelessness, marital estrangement, drug or alcohol problems are so easily translated into risks rather than problems requiring support and help to overcome them. And for many exoffenders these are factors which continue to present difficulties in their daily lives. Sitting one day in the waiting room to see my

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probation officer I was struck by the sentiments being expressed by one client as to the relationship he enjoyed with his probation officer, ‘she’s a diamond and leaves me alone, I don’t get any bother from her’, oh dear, such confidence as she soon appeared, ‘hello Kevin (not his real name) as he was ushered through the waiting room door towards the interview room with the all the pleasantries of someone who might have cared. ‘How are you today?’ I continued to glance around the waiting room at all the posters and leaflets which exist to provide signposts to ex-offenders seeking help and training, and soon became involved in a conversation with a middle aged chap in semi uniform who I thought perhaps might be on the way to work after his visit and who I had seen there before. But no, he soon established himself as a member of the security staff. Security? Then it all made sense as the waiting room was under CCTV and the access to reception staff was via a reinforced glass partition window with the entry point to the offices being via an intercom system the network was complete. Perhaps it was all designed to keep out any undesirables or the

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Perhaps the answer lay in the events which evolved when, having reported to my probation officer, I made my way out of the building till next time and had to encounter a number of police officers rushing along the probation offices corridor towards where I had just come from. I thought I would remove myself as promptly as I could but waited around in the foyer long enough to see a handcuffed chap being escorted out of the offices. With all the expletives he could muster, ‘what am I being f**king recalled for?’ ‘What have I done?’, ‘f**king probation’. Only a few minutes before, he was describing his probation officer as being a ‘diamond’ and ‘helpful’ and someone who he had a good relationship with; and with her expressing a kind of sincerity as to how he was keeping on meeting him. Perhaps he might have realised as he sat in his prison cell that night that the whole thing was a charade and utterly false for it was almost certain that the reception staff had been instructed by her that as soon as he reported, they should call the police and allow him to go through the procedure of reporting, that he had been set up and along the way been put at ease as though this was going to be just another day. No it wasn’t for he was now a prisoner again and his diamond and the one whom he had so much faith in no doubt saw herself as just doing her job.

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According to a Justice Select Committee Report probation officers ‘spend just a quarter of their time in direct contact with offenders’ because they have so much paperwork to deal with. The tick-box culture imposed by the previous Labour Government has obliged officers to ‘spend hours completing forms and answering emails’. The MPs say that no-one would find it acceptable if teachers spent only a quarter of their time teaching. Despite efforts by Ministers to curb the ‘worst excesses of the tick-box, bean counting culture’ the Report says that macro-management is still continuing.

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Society needs to change Barrister Stanley Best casts an eye over recent news that may affect the law Justice Leveson beggars belief. It is, at the least, tactless and risks the occurrence of yet more unjust convictions because however good the Metropolitan Police Laboratory may be, it is generally accepted that the Home Office Laboratory is superior.

Stanley Best

T

he appalling conduct of the News of the World in regard to hacking of telephones, with yet more allegations day by day, has not prevented (Solicitors Journal, 5 July) the onward march of the Legal Services Act which will allow the creation of cowboy firms of pseudo lawyers, described as ‘Alternative Business Structures’, permitting non-lawyers to establish firms employing say 100 clerks, or Dolly Birds as some prisoners call them, with but a solitary solicitor employee subordinate to his unqualified employers. Have we gone mad? Such firms, it seems, will be permitted to deceive the public by describing themselves as ‘solicitors’. You may be sure this will provide the opportunity for some to profit where, as in prisons there is a captive clientele waiting to be milked. As someone with no party political allegiance, I am astonished that any government could have been so unwise as to create such a monstrous arrangement, plainly contrary to the interest of every man, woman and child in England and Wales. Scotland, wiser in so many ways, appears to have steered clear of such things. That there is to be a transfer of all public science work nationwide from the Home Office Laboratory, with its wealth of experience, to the Metropolitan Police Laboratory when the conduct of that force, like News International, is to be the subject of a public inquiry by Lord

Over a quarter of a century ago, I was invited by the Vice Chairman of the Police Authority – a retired admiral – to speak at a symposium of senior police officers at Exeter University. The audience comprised more than one Chief Constable and when I said to them that, in my view, the greatest problem facing senior officers then was the lack of discipline in police forces, I noted anger from the assembled throng. In the refreshment break which followed, every one of them studiously ignored me. Later the Admiral confided that, in his view, some of the senior police officers he had encountered at other times would have great difficulty in the armed services of achieving any higher rank than that of corporal or its equivalent in the Royal Navy! The Police Review, which reported the occasion for rank and file policemen, took a dim view of what I had said but only yesterday (July 6) on Radio 4 the man who was said to have been at some point the officer in command of the Metropolitan Police Flying Squad acknowledged that he was aware – as were others – of police officers who took money from journalists for information while they were serving in the Met. When such matters were reported to even more senior officers, nothing – he said – was done. So much for discipline then and now!

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As to Lord Falconer’s idea of even greater diversity in judicial appointments, it is surely better to continue to look only for the ablest individuals to fill appointments in the High Court and elsewhere and to forget about filling the Bench with candidates nominated by politicians. Some years ago, I was asked at very short notice to sit in place of the normal incumbent in a County Court some miles away. I was adjudged to have done the job perfectly adequately and invited to do so on a number of other occasions. Either you have, like all good teachers, the innate ability or you do not. These days, however, it appears perfectly normal to pay someone else to fill in the form of appli-

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Society needs to change. If, very reasonably, it expects that prisoners on leaving prison will be law abiding, it should not expect them to live on £45 for two weeks before allowing access to benefits. It must accept that this is an impossibility, especially if they are homeless. The dumbing down of standards in every sphere must too, in the interest of society, be stopped. The deterioration of standards throughout society as a whole (including prisons and other institutions) has gone too far for the health of the nation. Dishonesty lives not only within prison walls but in banking, insurance, investment, in politics and elsewhere. There is rottenness in our society which has to be rooted out for the sake of all living today and for the generations to come. Lord Justice Leveson’s inquiry is only the starting point. The murder of Milly Dowler was dreadful, but one must hope that the inquiry avoids being used by those who would argue that the family of the dead child, appalling though her murder was, were unreasonably vilified at the Old Bailey trial. Given that as reported (most recently in the Daily Telegraph on July 13) Mr Dowler told police that his daughter had ‘discovered’ one of his pornographic magazines and (that he) admitted an interest in bondage, the cross-examination by Defence Counsel was not only inevitable but entirely proper. The idea that somehow witness or victim should be allowed to control the trial is abject nonsense. Let us hear no more of it. Stanley Best is a practising barrister and a mediator at Barnstable Chambers, and Chairman of the British Legal Association

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Later the Admiral confided that, in his view, some of the senior police officers he had encountered at other times would have great difficulty in the armed services of achieving any higher rank than that of corporal or its equivalent in the Royal Navy!

We should recall the advice of Dr Schumacher that ‘small is beautiful’ and that the coalition government’s dream of a Big Society can only

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cation to be appointed as e.g. a deputy recorder. What a commentary on the candidates and on the present system! The old system was not broken, so why did it have to be fixed?

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Insidetime August 2011 www.insidetime.org

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throughout the night for chats with their mates. Buckets are an essential part of cell furniture, with or without lids.

e often see sterile inspection reports for various prisons from the unimpressively titled ‘Her Majesty’s Inspectorate of Prisons’. After reading umpteen reports stating ‘… things have improved since our last visit’, I thought, ‘what do they know, I’ve never heard of an improving prison, they’re all in decline’.

VP prisoners needing regular toilet breaks, perhaps those with bowel problems, are housed in the hospital wing, containing a small number of cells with integral toilets. With the VP population generally older than mainstream prisoners, it is obvious to even the casual observer that this is unacceptable. Therefore, I predict that due to their location, isolated from the other mainstream wings, initially Perrie Blue with 40 cells with sanitation, and then Perrie Red with 70 sanitised cells will go all VP.

Once regarded, together with Frankland, as one of the best two high security prisons, Long Lartin began its spiral of decay in the Howard era of the mid 90s. More recent events in this slow train crash of deterioration have resulted in Long Lartin now being known to inhabitants of other dispersals as ‘Wrong Lartin’. It has been observed by more than one prisoner that with the Good Friday repatriation of IRA prisoners, dispersal prison management have had no group standing firm against ‘the taking of liberties’. Other prisoners blame the IEP system or the introduction of televisions and game consoles for the continual decline in conditions. Whatever the reason, it is certain that anyone incarcerated in Long Lartin today would not recognise the place if they had previously visited even 5 years ago. Violence once ruled Long Lartin, with frequent prisoner on prisoner attacks, and at least one death a year it seemed. The violence has reduced considerably, a large part of which is due to the ending of the prison’s practice of sneaking VPs onto mainstream wings, which was fine until a paedophile or child killer was uncovered, then the inevitable happened. Historically, like the old style Parkhurst, there were few Vulnerable Prisoners (VPs) at Long Lartin, with no special wings for them so the very few that existed hid under the radar. Then as the number of VPs increased in the system, a single wing was created (Alpha) to house a few. In September 2009, Whitemoor closed Charlie wing, its VP unit and shipped the majority of prisoners there to Long Lartin where wings Alpha to Delta were now to house them. Two new wings Echo & Foxtrot have been opened to house evicted mainstream prisoners. Perrie Red and Blue wings, located off a spur on the corridor to Charlie wing, remained mainstream with the 40 place Blue and the ground floor of Foxtrot, observation units. Wakefield, traditional home of VPs, known to other prisoners as ‘Monster Mansion’ really took advantage of Long Lartin’s surplus spaces to unload their unwanted prisoners, the ones

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‘Wrong Lartin’ Keith Rose does his own independent, unannounced, unwanted, unorthodox, and unquestionably unwelcome inspection of HMP Long Lartin they really wanted to get rid of. Chaos ensued. With slightly more VPs than mainstream residents, Long Lartin became two prisons in one overnight. Timetables had to be re-written to accommodate the two sets of inhabitants, who in theory should never meet. A new core day was created by a management consultant, 2 years later, it still doesn’t work. Long Lartin residents now tell the time with a calendar. Visits, gym, work movements - nothing happens on time. A new Governor was drafted in early 2010. Staff immediately hated him as he had come from a Category C prison, and dear oh dear, he had some new ideas. Horror upon horror, new ideas in the Prison Service, whatever next! Although the new Governor has substantially improved certain areas, like the appalling reception department, some ‘middle management’ personnel could do with a course in

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Mainstream prisoners claim that the VPs are taking over everything, complaining about the loss of laundry jobs, and other higher earning workshops. Kitchen jobs are probably the next target for VPs who regularly raise complaints of contaminated food coming from the mainstream manned kitchens. There is no contaminated food in Long Lartin, but the ploy has worked elsewhere in the past, for example, Whitemoor. Most prisoners like their food, and Long Lartin’s kitchens do reasonably well in the quality of what they serve (unlike Whitemoor) although the menus are mundane, with an over reliance on baguettes. It is probably inevitable that the VPs will take over the kitchen, and then the contaminated food complaints will come from mainstream wings. However, mainstream kitchen jobs may be safe, as the VPs may have dream jobs from

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Adding to Long Lartin’s problems, the VP Alpha to Delta wings has no in-cell sanitation. Instead, a nonsensical system known as ‘nightsan’ is employed, where supposedly a prisoner can press a button to join a queue, then, in turn is permitted to leave the cell to use toilets or showers for a maximum of 10 minutes. The system has never worked. Queuing is limited to ten places, and those who can manipulate the system, rejoin the queue time after time

It is sometimes whispered that I have occasionally criticised psycho-babes and their wonderful courses. Nothing could be further from a falsehood. I just cannot help wondering if the psycho-babes are as brilliant as they claim, and their courses so effective in reducing re-offending, why repeat offending and the prison population is so high. An accountant could point out that losing a few hundred psycho-babes would be more cost effective than refusing prisoners a monthly box of tissues or rationing toilet paper.

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common sense. Take for example the genius who decided a rotation of workshop workers was needed. Guys who had worked well for years in shops, like light assembly, suddenly found themselves unemployed, pending allocation to a new task. After a few weeks, foreign nationals were reinstated due to needing money for overseas phone calls. A few weeks later, the rotation policy was reversed, production had crashed and contracts lost. OOPs.

Mainstream prisoners are poorly served at Long Lartin. With an influx of VP prisoners, priority is given to their needs and ‘treatments’. Although Long Lartin has a glut of psycho-babes, courses like CSCP and the utterly useless TSP with its 14% success, 86% re-offending failure rate are now being prioritised for the VPs along with specialist ‘interventions’ like SOTP.

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Insidetime August 2011 www.insidetime.org DHL. On the 23rd June, Danny McAllister, Director of the High Security Estate, announced the ‘Retail Workshop Rationalisation Project’, sub headed, ‘now DHL screw their own staff as well as prisoners’. The proposal is to sack almost all DHL canteen staff in Belmarsh, Whitemoor, Woodhill, Frankland, Manchester and Wakefield. Long Lartin will then service Belmarsh, Whitemoor and Woodhill; Full Sutton the rest, with VPs working for DHL, assembling and dispatching all canteen orders for the eight prisons. As DHL can pay a pittance to prisoners, compared with civilian workers, the profit incentive to DHL is obvious and the Prison Service gains a couple more make-work workshops. Why VPs? The view of the Implementation Team is VPs are more trustworthy than mainstream prisoners, mad, not bad in the jargon? I just wonder how high the complaint ratio will be? The Listeners group at Long Lartin is now run from the VP wings. In Long Lartin, like many prisons, the objective in becoming a Listener is not to help others, but exploit the position to achieve a faster route to the gate. I will return to this subject in a future article. Difficulties with integrating VPs are not the only problem Long Lartin is experiencing, as the prison has a high Muslim population. This would not be a problem if the average prison officer did not have a negative view of Muslims. The identical attitude is found throughout the High Security Estate, it equates to Muslim equals extremist, bearded Muslim equals terrorist. This rigid mind-set is due in part to the presence of the detainee unit at Long Lartin, where seven uncharged, un-convicted prisoners are held at the pleasure of the United States, in the old punishment block. These include Barbar Ahmad, who attacked Metropolitan Police boots and batons with all the soft parts of his body in an effort to cause criminal damage, according to a Metropolitan Police spokesman. (The Metropolitan Police is a wholly owned subsidiary of News International). Once upon a time, these detainees were permitted to mix with mainstream prisoners in education and the gym. As staff Islamaphobic viewpoints hardened, the decision was made by a previous Governor to totally isolate the seven detainees. The current Governor’s attitude to this isolation is: the detainees have a running machine and luxury upon luxury, a herb garden (surely something they would not find in Guantanamo Bay), so what else do they

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need? Not a very constructive attitude. Early in January 2011, mainly Muslim prisoners staged a sit out in protest at staff antagonism, but as often happens the reasons given for participating in the protest were fragmented and confused. The result was predictable, the ringleaders were shipped out but not much else was accomplished, except a lot of block time. The sit out may have been avoided with a fully functioning Diversity & Racial Equality Action Team (DREAT). However, once again priority was given to VP wings and the only DREAT rep appointed was a VP who, in the words of another prisoner is the only, blue eyed, mixed race, Scouse, Irish Catholic, Jewish, Muslim, traveller he had ever met. Like the Listeners, some prisoners merely join to exploit the position. All is not negative however. The Long Lartin dentist is probably the best in the prison system; quick, efficient, painless. Most certainly not the usual butcher. So incensed was this dentist at the quality of the DHL supplied toothbrushes, he prevailed on the local NHS Trust for a budget to supply prisoners with adequate toothbrushes, free of charge. The Open University tutors are also excellent, as is most of education staff. However, the education service is contracted out to Manchester College which barely reaches level two. I thought there couldn’t be a worse education contractor, and then I moved to Whitemoor where Milton Keynes College proved me wrong. There are two gyms, a normal sports hall with weights room and a new offering, the small free weights ‘Hatton Suite’, why anyone would want to name a gym after a boxer, but everyone else calls it CKS gym. Gym sessions are short, less than an hour due to the non-functioning timetable and the fact there is no mid-morning – afternoon move to gym from workshops. This severely limits the number of available sessions. Gym staff are good, with one exception who still owes me a rowing certificate. Things may improve at Long Lartin, the new Governor means well but some of the middle management really need a shake up for real improvement. (When I say shake up, I’m really thinking a good swift kick up the ***)

Keith Rose is currently resident at HMP Whitemoor

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New £15 million luxury prison will house Norway’s mass murderer Andreas Behring Breivik has admitted carrying out one of the worst peace time massacres in European post-war history but has refused to plead guilty; laying the blame for the killings on the ‘treason’ of Norway’s ruling Labour party for permitting Muslim immigration. If Breivik doesn’t plead insanity, Halden Prison could be the mass murderer’s home for decades. Housing up to 252 prisoners with very serious convictions, Halden was designed as the world’s most humane jail and was opened last year by the King of Norway. Each resident has his own cell, which looks more like an up-market Premier Inn hotel room with an en suite bathroom.  The rooms have flat screen television sets, a mini-fridge, natural light and windows without bars. Half the prison officers are women who often have their meals together with the residents and play sports together. Halden Prison also has a kitchen where residents can take cooking lessons.  It even has a music studio and a two-bedroom annexe for conjugal visits. In Norway only 20% of prisoners end up back in prison after release, compared to between 50-60% in the UK. Norway’s dignified response to this awful tragedy has been widely praised. When Breivik was driven to court, there were no mobs, banging an the vehicle and screaming words of execration. And he wasn’t shot dead on the spot by the police either.

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Comment

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Again, from a personal standpoint, it is my vigorous contention that no elderly prisoner, other than the willing, should be expected or compelled to share a cell. I especially object to an elderly prisoner with a chronic health condition being so compelled. I also object to one being compelled to share with some buck in his twenties. True he is a fellow prisoner, but there can be little if any common ground. The truth is I object to the operational expediency of cell sharing at all. What is essentially a shared toilet does nothing for mental wellbeing and is not something I have or ever will accept. Fortunately, the management here have not sought to impose shared conditions on me.

n the merry month of May this year, far more by good(ish) luck than judgement, I attained my 65th birthday. Officially I became an OAP, a senior citizen, though far from an exemplary one. There is little good to be said for one of my age being in prison, indeed, little good for one of any age. As I have aged I am more and more reflective, prone to melancholia and replete with myriad regrets. At this writing I am serving the twelfth year of an Automatic Life Sentence. The sum total of this and previous sentences sees me as having wasted in excess of half of my 65 years in prison. Shameful and pathetic to state the self-evident. Be that as it may, this letter is not intended to regale readers with my tale of selfinflicted woe, rather, I wish to draw attention to the lot of the elderly in our prisons in the supposedly enlightened 21st century. From a personal standpoint one good thing is that I can no longer be compelled to do menial work for derisory pay. I welcome the yoke of that humiliation being lifted as I have long subscribed to what Karl Marx wrote on the subject: ‘The labourer is worthy of his hire’. In this particular human warehouse the concession of no longer being debited the weekly in-cell TV levy is granted, but that is not the case in most establishments where it is debited from the retirement pay of £3.25 per week. For the elderly prisoner who is wholly reliant upon prison pay, the sum of £3.25 per week serves only to exacerbate a miserable existence. This is but one practical example of where the aged need help. The Prison Reform Trust has conducted a sig-

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Help the aged A resident of HMP Hewell ponders the treatment of the growing number of pension age prisoners nificant amount of research regarding the elderly in prison. They have made a number of recommendations, few of which have been acted upon by the Prison Service. In the conclusion to their report it states: ‘….. the general

picture remains varied and some prisons still have a considerable way to go.’ The report is available to any reader who might be interested so no need for me to cite a list of the diverse recommendations herein.

Though reluctant to admit it, I cannot deny I feel an ever increasing sense of vulnerability the older I become. Sad to say many fellow prisoners have little respect for their elders. The predatory nature of many renders the perceived ‘easy meat’ of the elderly prisoner as targets. Not so long ago an elderly prisoner on this unit was subjected to attempted extortion by a ruthless predator. The elderly prisoner had to be moved from the unit and I believe ended up in the segregation unit! This serves to illustrate my point, vulnerability is a live concern. In conclusion, I believe it to be incumbent upon the Prison Service in keeping with their duty of care to show real consideration for the elderly prisoner as opposed to just lip-service and the cosmetic. I believe it would be sound economics to have dedicated units, appropriately trained staff and meaningful regimes to help the aged help themselves.

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The rise, impact and hopeful death of IPPs A member of the Independent Monitoring Board gives his take on IPPs

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was only vaguely aware of IPPs when they emerged from the Criminal Justice Act (CJA) 2003 and were first implemented in 2005. It was reading the expressions of despair and anger they provoked in contributors to a blog that opened my eyes to what this law with its taunting hints of freedom can do to people’s minds. The writers were nearly all family members and friends of IPP prisoners, struggling in the limbo of not knowing when if ever their loved ones would be released. They wrote stark accounts of personal despair and familial breakdown which filled countless pages of this blog from 2007 onwards and made me think that as a member of the Independent Monitoring Board (IMB) in a large local prison, with its own proportionate number of IPP prisoners, I could perhaps offer occasional support to these people, many of whom were clearly at their wits’ end. So in January 2008 I began to contribute, reading as much as I could from Hansard, the Prison Reform Trust (PRT), MoJ and HMCIP reports, etc, to inform my on-the-ground experience. In his preface to the Prison Reform Trust’s report on IPPs ‘Unjust Deserts: imprisonment for public protection’, July 2010, Lord Hurd of Westwell refers to ‘… the havoc caused by a pre-occupation with risk and the resulting illthought through legislation… The IPP, hastily introduced in the CJA 2003……was, in effect, a declamatory sentence, a legislative statement of toughness on crime’. Dame Anne Owers, former HMCIP, said in her annual report 2007/8:’ The planning and introduction of the IPP sentence was badly mismanaged. It has imposed a needlessly large burden on prison budgets, and prisoners have been forced to navigate their way through a system of Kafkaesque complexity.’ The bureaucratic treacle in which prison and National Offender Management Service (NOMS) staff in general found themselves struggling was another legacy of this politically motivated law. In November 2002 the then Home Secretary David Blunkett, spurred on by Tony Blair to confirm New Labour as tougher on crime, especially sex crime, than the Tories, awarded Sarah Payne’s paedophile murderer a landmark minimum 50-year life sentence. But to Blunkett’s great displeasure this was the last time a Home Secretary was able to set the minimum tariff for murder, the Law Lords ruling that from November 2002 this would be a judicial not a political function. But parliament was still able to set the sentencing framework, which Blunkett celebrated by introducing the IPP, a sentence judges had henceforth to implement without discretion. Judges, now forced to follow IPP sentencing guidelines, often had difficulty in locating a crime on the finely detailed list of 153 specified offences and deciding how long a tariff to hand down. Early IPP awards commonly saw

some judges awarding tariffs of a few weeks (28 days being the lowest recorded) for offences for which their colleagues awarded several years. The system rapidly became chaotic, and it was inevitable that changes had to be made – as they were in the CJIA 2008. Government figures showed that 434 IPP sentences were awarded when the system started in 2005, but that the total rose to a huge 4,461 by June 2008. This was many more than anticipated and was exacerbated by the paltry 4% released by the Parole Board (PB) each year. Alarm bells began to sound, and there were several reasons: 1. The PB, risk-averse in the first place, had insufficient members, especially judicial ones, to cope with the huge increase in its workload with the advent of IPPs. 2. Before facing the PB, IPP prisoners had to attend Offending Behaviour Programmes (OBPs), courses designed to have them confront and change their offending behaviour – as Lifers did. But it soon became apparent that the Blair government had given little thought to the provision of extra programmes and staffing for the influx of IPP prisoners. 3. Prisoners had great difficulty in convincing the PB that they would not offend again if released – and PB members had the reciprocal difficulty in believing them. When asked by Jacobson and Hough if they could really judge the likelihood of a man reoffending, PB members gave answers ranging from the self-confident to the non-committal to the disarmingly frank admission: ‘Nobody knows if their decisions are any better than would be produced by tossing a coin.’ As they failed their PB interviews so the number of IPP prisoners held beyond tariff grew, and by June 2008 had reached a huge 867 out of a total of 4,461, or nearly 20%. The

government, which had long been aware of its failing 2003 innovation, consequently brought ‘plan B’ into action - the Criminal Justice and Immigration Act (CJIA) on July 14th 2008. This act revived judicial discretion over the imposition of IPPs and abolished them altogether for tariffs of under two years. (At the same time NOMS commissioned the Lockyer Report, which brought about substantial improvements in IPP management within prisons). But the abolition of the two-year tariff was not retrospective and callously left 1,305 prisoners still serving IPPs with tariffs of under 2 years and in some cases as little as a few weeks awarded before the July 14th watershed. Unsurprisingly this sudden unexplained disparity in treatment aroused great bitterness among those prisoners and their families. Caught in the irrational net of the 2003 Act they found themselves now ignored by the intended offer of atonement – another damaging legacy of this politically instigated piece of legislation. IPP prisoners still in prison after completing their tariff are effectively in preventative detention, widely regarded as a violation of article 5(1) of the European Convention on Human Rights (ECHR) (Walker v Regina, The Times Feb 6th 2008). Many IPP prisoners sooner or later sink into spirals of depression, self-harm and worse. Over 50% of IPP prisoners have ‘emotional wellbeing problems’ compared to 40% of lifers and 30% of the general prison population. 20% have received psychiatric care in the past compared to 9% of the general prison population (UJ. p.15). And it isn’t just the prisoners who suffer in what Anne Owers called this Kafkaesque situation. Wives, children, lovers and friends can be gradually broken by the void of uncertainty. Some drift away, visiting prison less often then not at all, depressed by their own impotence to improve things. Young children suffer worst of all, unable to understand. So how are prisoners with IPP sentences

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supposed to escape from this nightmare limbo? The theory is that they attend appropriate Offending Behaviour Programmes (OBPs) and, having supposedly addressed and changed their offending behaviour, appear before the PB ready to be allowed to re-enter society. But it rarely happens so easily. From the outset it quickly became apparent that there were too few OBPs available in too few prisons; that what courses there were were inconveniently distributed throughout the country; and that waiting-lists often two or even three years in length could build up, with prisoners going over tariff whilst just waiting. With about 1,000 IPPs awarded every year and fewer than 20 or so released, the situation got ever worse. More problematic is the elaborate CSCP course, designed for men with a history of violence but who show indications of wanting to change their behaviour, this programme consists of six modules, the last of which is done in the community after release. It can last for 18 months and is run at only a very small number of prisons - one of which is about to stop doing so and another of which has a waitinglist three years long. Moreover a man can waste a year or more waiting to get on it only to be told when he is finally assessed that he is unsuitable. How do they decide suitability? By using information supplied by the man’s current prison, from which they calculate the percentage likelihood of his re-offending. And they accept only men with a 70% rate or higher. Just another example of the Lewis Carroll world created by Blunkett’s law. Nevertheless it remains a fact that prisoners and their families and friends still suffer mental, marital and other forms of stress and breakdown because the Blair government failed to foresee the consequences of launching such complex and costly legislation without due thought. It was no surprise that the former Chief Inspector of Prisons, Lord Ramsbotham, condemned the IPP law in a House of Lords debate in October 2009 as ‘Improperly proposed, conducted, impact-assessed and introduced.’ He added that IPPs were ‘swamping the system and stealing resources.’ (Hansard) The very least that should be done in a civilised country is to release immediately those IPP prisoners given tariffs of under 2 years before July 14th 2008 who are still in prison. There were 1,197 of them in January 2010. And surely a reasonable government must listen to the president of the Prison Governors’ Association’s plea of October 12th 2010 to remedy the ‘blatant injustice’ done to the 2,850 IPP prisoners ‘well beyond tariff’ and release them from this ‘bureaucratic limbo’. The author has served 9 years on the IMB at one of the London prisons. He writes in a personal capacity.

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Comment

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t is somewhat puzzling why most prison psychologists draw their research on modern psychology theories, whilst ignoring other areas of research that can teach us about violent behaviour, such as philosophy, biology and social science, especially those of the English philosopher Thomas Hobbes (1588-1679). Hobbes claimed that human beings are simply tamed animals. In our natural habitat we have, ‘No knowledge, no culture, no arts, no letters, no society, and, worst of all, continual fear and danger of violent death and the life of man, solitary, poor, nasty, brutish and short.’ The solution is a metaphoric social contract; morality is a way for wicked but rational beings to get along and avoid conflict because it is in our interest to do so. A third party is needed to enforce the contract – ‘a common power to keep them all in awe’ – a Leviathan. The opposing school of thought is that of the French philosopher Jean Jaques Rousseau, who claimed that humans are innately good and are corrupted by society. He had Hobbes in mind when he wrote ‘So many authors have hastily concluded that man is naturally cruel and requires a regular system of police to reclaim it, whereas nothing can be more gentle than him in his primitive state, when placed by nature at an equal distance from the stupidity of brutes and the pernicious good of civilised man’. Rousseau did much to popularise the myth of the Noble Savage, that people in pre-state societies live in perpetual peace where war and violence were unknown until they learned it from the ‘evil white man’, a belief still held by many romantics and black racists. It is a myth that has been debunked many times; the anthropologist Lawrence Keeley collected data from eight tribal societies from New Guinea and South America and found that between 10 and 60% of all male deaths were as a result of warfare. Compared roughly to 1% in the US and Europe from the whole of the 20th century. Dealing with warfare and individual violence in the same category is not hard to do, as the reasons for them are often the same; humans are social animals and, just as there is safety in numbers, there is also danger in numbers. Violence is rarely caused just for the fun of it. It nearly always has a reason and Hobbes identified three causes of ‘quarrel’: competition, diffidence and glory. ‘The first maketh man invade for gain, the second for safety and the third for reputation.’ Competition can include anything from killing a love rival to imperialism. Competition is the driving force of evolution itself, and those who cannot compete eventually die out. We compete for resources that aid our own survival and go to great lengths, which include violent means, to obtain it. We have inherited these traits from our ancestors, but most of us rely on others to do the dirty work, such as killing animals for us to eat, going to war to protect our natural interests, which is why those that provide for us (government and business) often do so by dubious means which are of moral concern, and most of us are unconcerned. As the comedian David Mitchell said of the Libyan crisis recently, ‘What do we really care more about – the freedom of foreigners or the price of our petrol?’ Nations go to war and raid villages for everything from crops, gold and even women. In the modern western world women have more

Insidetime August 2011 www.insidetime.org

Violence and psychology In part two of a three part series RJS Hattersley looks at the impact of Hobbes on psychology say in their choice of who they mate with. Men compete in other ways, such as seeking to gain status or wealth and occasionally bump off others who are competing with them for the attention of a particular woman. And the individual case of violence for gain, such as robbery, is so common and widespread that I need not go into it in detail. The main reason that the majority do not engage in such pillage is that we are well provided for and have no need to. Diffidence is usually a pre-emptive strike on somebody that is or is perceived to be a threat. Fear is a powerful human emotion that can lead to all kinds of rash decisions. Government’s often use fear as a pretext for war – remember Saddam’s ‘weapons of mass destruction’? It is also the main cause for stirring up racist and religious hatred and violence. Sometimes it is the fear that a powerful person sees someone as a threat to his dominance. Hobbes, who translated Thucydides History of the Peloponnesian War, wrote that ‘What made war inevitable was the growth of Athenian power and the

fear that this caused in Sparta’. This fear often translates into individuals who use violence often with some moralistic pretext, such as vigilantes, and this fear can force people into situations where they have to use violence to defend themselves, and they fall into the ‘Hobbeseian Trap’. The Hobbesian Trap is a classic scenario common in many films, usually when two people end up pointing guns at each other. Neither of them want to kill, but they fear that if they are the first to back down then they will be killed. Neither can be sure what the other side will do, or what they think they will do. Many wars are borne out of Hobbesian Traps, including Israel’s 6 Day War. The Cuban Missile Crisis was a Hobbesian Trap where calamity was avoided as both sides knew the potential and took a risk not knowing what the other side would do. Sometimes things do not go according to plan as it requires both sides to agree. Britain backed off from German aggres-

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sion in the 1930s, whilst discussing disarmament and ‘peace in our time’. Germany didn’t feel the same and the outcome was World War 2. Hobbes third reason is glory – ‘for trifles, a word, a smile, a different opinion and any other sign of undervalue, either direct or by reflection in their kin, friends, nation or their name.’ In other words, for honour and to save face. I have seen people fight over half a smoke, who’s next on the pool table, insults to one’s family, looking at their girlfriend and so on; it’s not that half a smoke is worth fighting over – it’s not the point it’s the principle. How many times have we heard that in prison? Were the Falklands really worth fighting over or was it just for honour? Violence for honour – which includes avenging perceived wrongs is common in mythology and literature, such as Hamlet and also the Hindu story of Krishna avenging the murder of his siblings by slaying Kansa. This can lead to a very long chain of one side feeling at a loss and vowing to avenge, and so on. This can leave a bad taste for generations, even when nobody is left who has been personally affected but the feeling is that of humiliation. Which is why some black people still feel aggrieved by slavery, and why there is a tense rivalry between countries where one has been aggrieved by another, such as England and Scotland or Greece and Turkey? We, as English, rarely feel this collective humiliation as we have rarely been aggrieved and do not seek vengeance for anything. Whereas collective humiliation can last for a long time, individual humiliation does not last long. By far the most violent prison I have ever been in is Werrington. This may seem strange but the violence was never serious but it was frequent, two or three incidents a week – high for a prison of around a hundred prisoners. The main reason for this was the conditions allowed for violence. It housed prisoners in dormitories of between 16-22 and during the day, when not in work, around a hundred 15 to 17 year-olds would be contained in one large room that doubled as a dining hall and association room. Petty arguments led to people being unable to back down in full view of others and would be dealt with in the toilets. These petty squabbles would happen in every other YOI but at the window, which would usually be dealt with by saying ‘We’ll see in the morning’ but nothing would ever happen. The humiliation was not ‘public’ and was largely forgotten about the next day. I once calculated that more than half of every fight that I have had in my entire life occurred in Werrington, where I spent a total of just 9 months over three different periods. When I went back there in 1998 the dorms had been closed and a wing of cells opened. I never saw one fight this time. Honour and saving face is common in what has been dubbed ‘gang violence’, and often leads to a cycle of tit for tat. This leads to people carrying weapons if they feel there are rivals in their area. It is also often done to advertise one’s ruthlessness in order to deter others who may see you as a target. And to ‘gain respect’. But this can lead to a cycle of having to be more violent in order to maintain reputation. Just as Hobbes provided the main reasons for violence, Hobbes also provided the solution.

Psychology Q&A

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Dr Pratt replies

Psychology

q&A Our new regular feature in which Dr Peter Pratt, Consultant Clinical & Forensic Psychologist and Dr Terri Van-Leeson, Consultant Forensic Psychologist answer your questions on psychology matters. Please send your concise questions to Inside Time ‘Psychology’.

Q

I am thinking of volunteering for one of the therapy units - Grendon or Dovegate – but I have been told that I will be tested to see if I am a psychopath. Whilst I do not think I am a psychopath, what will happen if the test finds out I am one? Will this mean I will be automatically sectioned?

In order to enter a therapy unit you will be subject to tests which will be carried out by Psychologists, who have been specifically trained in the use of the PCL-R. This stands for Psychopathy Check List Revised. It is very difficult to use and Psychologists often disagree on how to use it, what the result actually is, and what it all means! At the very least, recent Ministry of Justice Guidelines (2011) include a formal consent form, which you should sign, but only after the test has been fully explained to you. It is statistically unlikely that you will score highly enough to be labelled as ‘a psychopath’, especially if you are genuinely fearful about the future, which most ‘psychopaths’ are not. However, many, if not most, offenders have some ‘psychopathic’ traits, e.g. being a delinquent as a youngster, which is one of the 20 PCL-R items.

Q Can you tell me the difference between being bi-polar and having manic depression? Some years ago I was told by a doctor that I could be a manic depressive, but recently I have been told that I may be bi-polar. Are these the same thing? Dr Pratt replies

You have told me that it was some years ago that you were told by a Doctor that you could be manic depressive, but recently this seems to have changed to maybe bi-polar. These are not exactly the same since manic depression is described as a ‘mixed episode’, and the term bi-polar covers a wide range of mood disorders which may or may not include a period of depression. It is certainly true that the two terms often overlap and perhaps you should address this question to a Psychiatrist who is more likely to have to diagnose and treat such individuals than a Psychologist. However, I am concerned that you have recently been told that you may be bi-polar

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and therefore, on that basis alone, I fear that your emotional difficulties may be continuing. I would strongly urge you to comply with whatever the Psychiatrist thinks you should do about this difficulty, which will almost certainly include taking some medication. You may well find that the medication helps you be more stable overtime, and it is not much fun, in my opinion, to be emotionally up and down on a regular basis.

Q I have been told that I have a ‘severe personality disorder’, but I cannot find any description of what this means. Is a severe personality disorder treatable, and is it something that is easily recognisable? Dr Van-Leeson replies

To have a personality disorder means essentially you have problems relating to other people around you. I know we can all feel like this sometimes, however the difference is that you experience this most of the time, in just about any situation you are in with most people you see. There are a number of different types of personality disorders. If you are said to be suffering from ‘severe’ personality disorder it means that you may have say 3 or 4, and so relating to people can be really hard work for you. The other key difficulty you may have is that you find it hard to manage how you ‘feel’ for much of the time. Your emotions can be all over the place, literally one minute you feel okay and then you can feel really upset, angry, frustrated anxious or frightened. In terms of recognising all this, often you as the person suffering can’t really see what is happening, so getting feedback off someone you can trust is a helpful tip. In recent years the way we understand personality disorder(s) and how best to work with people to treat them has improved significantly. There are now a number of different

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types of treatment available through the NHS and the Prison Service thanks to a Joint Department of Health and Ministry of Justice offender personality disorder strategy. The first step in treatment is often to help you understand which disorders you have and what they mean, how they affect you so you can learn ways of managing your thoughts and feelings better. There is some controversial stuff written about severe personality disorder and what I would say to you is to not get too caught up in trying to figure it all out. Instead concentrate on what you think you need to help you to deal with everyday life and try to find someone professionally who you can talk to about your options.

Q Since I was young I have had certain things that I must do every day – for example, before entering or leaving through a door I must tap the handle at least 5 times – in order to feel ‘safe’. My friends think I’m weird, but am I mentally ill? Dr Pratt replies

Thank you indeed for your letter. I realise that you have had this problem for a very long time. Perhaps the number of things which you feel compelled to do may be more than just tapping door handles at least 5 times! Often people who have what is called Obsessional Compulsive Disorder, i.e. OCD, develop quite a wide range of behaviours, which unfortunately take up lots of time and get in the way of an easy going lifestyle. As for you being mentally ill, I think not, although often OCD is really difficult to treat, and often mistaken, by lay people or friends, for a mental illness. You will certainly need to see a Clinical Psychologist with lots of experience in CBT, Cognitive Behavioural Therapy, if you are going to overcome or manage what still seems to be an embarrassing problem. As far as I can see we are all subject to certain rituals i.e. things that we do which are perhaps unnecessary and yet we still have valued friends.

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Thoughts for the day

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From over the wall Terry Waite writes his monthly column for Inside Time

Terry Waite CBE

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y father had two vices - one of which eventually killed him. He was virtually a chain smoker of Wild Woodbines and to this day, some 60 years later, I can still smell the strong sweet smell of that cheap cigarette. Alas, he died of lung cancer at the age of 56. The other, less fatal but no more edifying was that he was a regular reader of one of the most misnamed newspapers of all timethe News of The World. (Come to think of it ‘Wild Woodbine’ was not too accurate a name either!) At home the newspaper was carefully concealed from me but I read it on a Sunday morning as I did my delivery round.

There was little news of the world beyond the British Isles but what news there was was certainly designed to wake up the population. Sex stories were dominant. In those days practising homosexuals were subject to criminal prosecution and the newspaper certainly gave them full coverage. No one was spared. It seemed as though the whole of the country was populated with sex criminals and that the News Of the World was there as a stalwart defender of all that was right and proper. When I was older I became very cynical about the hypocrisy of the whole thing. Leading figures from the Church or from political life were given space to write but the Editor knew full well that what sold the paper was the fact it was a salacious scandal

sheet hiding under a thin veneer of respectability. Well, now the newspaper has gone down in one of the biggest media crashes of my lifetime all I can say is that I am not sorry! A certain saying comes to mind ‘Judge not lest ye be Judged’. Now the shoe is on the other foot and those who have been so anxious to point out the faults in others are themselves in the dock. Let me be clear. I don’t condone wrongdoing and I do support a free press. I have seen for myself how awful it can be when governments censor every item of news and journalists are locked up for truthful reporting. I certainly don’t want to see that happen in this country. On the other hand the News of the World did not show much understanding for those who found themselves in the dock and also in the public eye. I have known many offenders who have shown genuine remorse for their past deeds and have made every attempt to get back on track only to be constantly attacked by certain of the media. Let’s have fair reporting by all means but fair reporting and comment needs to have within it understanding and, dare one say it, compassion? Having said all that let me say I have known and respected some really excellent journalists in my time.The late David Astor, former editor of the Sunday Observer and founder of the Prison Video Trust amongst many other worthwhile groups was a lovely man. He was a fearless opponent of apartheid and a champion for truth and integrity. He was also an understanding and compassionate individual. Jon Snow is another name that springs to mind and there are many others. As I said earlier, the tables have now been turned and we can only hope that when the dust settles we will have a better balance of power between some of the great institutions in our country. It’s not before time. Terry Waite was a successful hostage negotiator before he himself was held captive in Beirut between 1987 and 1991. He was held captive for 1763 days; the first four years of which were spent in solitary confinement.

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Insidetime August 2011 www.insidetime.org

The Book of Uncommon Prayer Jane Bidder former writer in residence of HMP Grendon/Springhill

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ecently, I’ve been reading through a large bundle of life stories written by both men and women inside prison. My head is reeling with a mixture of emotions ranging from sorrow to - yes - admiration. It’s amazing, isn’t it? We’re all given at least one life yet we all live it in so many different ways. And of course we mess it up because not one of us is perfect. As someone once told me when I was upset with myself for getting something wrong, anyone who sets themselves up as a perfectionist is heading for disaster. Even when we do mess up big time, we can still do something about it. It might be changing our behaviour. It might be saying sorry both to the people we’ve hurt and also to ourselves. Then we need to choose another road to go down, which is the biggest challenge of all. The good news is that this CAN be done. Sometimes it can be achieved through faith. Sometimes through friends and family. Sometimes with positive thinking. Often, with all these things. It might not always change the way that others see you. But the important thing, in my book, is to be true to yourself. To the right is an excerpt from THE BOOK OF UNCOMMON PRAYER, which is a collection of spiritual thoughts and prayers written by prisoners and staff at HMP Grendon/ Springhill. If you want to order a copy, send a cheque for £6.98, payable to New Leaf Publishing and post to Anne Chester, 5 Wardley Road, Walton, Warrington, Cheshire WA4 6JA.

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REV KEITH SALTER, Methodist. Chaplain at Grendon.

THE GRENDON PRAYER (This prayer was written from the point of view of a fictional prisoner, based on the men that Keith meets.) Lord, May my group like me Even when I don’t like myself. Help my peers understand me Even when I can’t understand myself. When I get angry Because I can’t talk about myself, May my therapists Give me time to look inside And see the person who is really there. When I weep in remembering the past, May my tears bring cleansing. When I am in pain, May my neighbours seek my healing. When I shake at the thought of those I have hurt, Help me understand the effects of my crime. Lord, when I am challenged and criticised, Help me hear what is being said That I may learn more of myself And so begin the journey of change To a future where I am valued And where I can live without the fear Of more victims. A life where I am accepted And can give – more than take And offer support to those I have hurt. Returned to those I love, May I learn to live without crime And know and love myself Enough to make my future Happy, secure and safe. Give me hope for the future, Time to enjoy it And the fulfilment of your promise Of abundant life. In the name of Christ, The life giver. Amen.

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Family Welfare

Insidetime August 2011 www.insidetime.org

On a much brighter note though, I did have a great visit on Saturday! Not with my husband, but the family on the table next to us.

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he school summer holidays are here with a vengeance and I’ve decided to sue my doctor for neglect as he refused to up my dose of Valium! But at least prisoners’ families can look on the bright side - there are always prison visits to look forward to! I know I bang on a lot about prison visits, but they are an essential form of contact with our loved ones inside. The thing is with me though; I’m bored of visits now. You see, after years of marriage, it’s pretty much like the 7 year itch, only a prison 7 year hitch where instead of staring at the ceiling watching the paint dry, you stare at the posters pinned up on the visiting room wall. There’s not much difference when you think about it is there? Everything becomes a little stagnant at some point. It’s like the other day when my husband rang me. I thought I’d add a bit of spice to our relationship for a change instead of chatting about how much washing I have to peg out and how his day went at the gym. As always, he asked me how I was and how the kids were. He asked about the dog and I replied, “yes, they are all fine and dandy.” I did however tell him that I had to take the ‘rabbit’ to the vets because it was running a bit slow. His answer to that was, “well why don’t you put it down.” I replied, “well I would if you were home!” He quite clearly forgot that the ‘rabbit’ resides in my wardrobe and not in a hutch. So he didn’t get on to what I was saying at all. He rang me back the next morning sounding majorly concerned and asked how the ‘rabbit’ was. I said, “It’s fine, it just needs a rest to recharge its batteries!” Again, he still didn’t get on to it, so I let it be.

Little Tommy innocently replied, “Well, Mummy says that the prison Governor is a cock, so I drew a picture of him!” I quickly scoured around for a black pencil so that I could draw a bull at the side of the boys picture, signed, Prison Widow, so that little Tommy could present, ‘The Cock and Bull’ story to the Governor. But I couldn’t find an HMP pencil that worked. It was a damn shame really because the Governor would have been deeply touched by the sentiment I’m sure. Anyway, back to basics. After many years of prison visiting, I tend to observe a lot of things that go on in a prison visiting room. One thing that’s a dead cert is the queue at the canteen hatch. Most queues are often long and it’s always us, the prisoners’ families that have to queue for the coffees and snacks. But have you noticed something in that queue? Families and the prisoners are always staring at each other whilst stood in the queue. They exchange smiles and sometimes perform a charades act to their loved ones from across the room asking them if they want a Mars Bar or one of those stingy packets of Hob Nobs (2 in a pack) like you get in hospital around 8.00pm when the visitors have buggered off. There’s a lot of sign language going on in those prison canteen queues on visits! One woman caught her man’s attention and was trying to ask him if he wanted some Hob Nobs to go with his coffee. He couldn’t understand her so she did the charades thing by shaking her right hand (as though it’s a pan on a hob) and then pointed down to her nether region which quite understandably meant (Nob) and this is where it all went terribly wrong because the prisoner went bright red and tried to stretch his prison tabard over his nether

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A little boy was drawing a picture for his Dad with the typical HMP pencils that haven’t been sharpened for months. But he managed to draw his father a picture. But then I heard the little lad say, “Daddy, this one isn’t for you. It’s for the prison Governor!” I managed to catch a glimpse of the drawing. It had two feet, some feathers and a red beak. At the top of the page it said, “To Mr Prison Governor. Lots of Love from Tommy.” The prisoner, the boys Dad, remarked, “That’s a great picture son! How come you have drawn one for the Governor?”

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regions! Poor guy! So it would be rather handy if visitors centre’s offered some sort of miming course for prisoners families trying to communicate with their loved ones in the prison canteen queue. It would save an awful lot of embarrassment wouldn’t it? There would however be no point in me enrolling in one. If anything, I’d like for some prisoners families charity to offer me a self esteem course. Because myself and my husband do exchange glances whilst I’m stood in the canteen queue, but when I return to the table with my tray of coffee’s and goodies, the first thing he says is,

Well folks, it’s back to the summer holiday mayhem! Just one more thing before I love you and leave you. If any solicitors are reading my column, is there any chance I can claim compensation against the education department for stress? Surely 7 weeks off school is classed as some sort of harassment? Take care all and I’ll see you next month!

prisonersfamiliesvoices. blogspot.com Probation, a tick box service By A Concerned Mum - 18 July Firstly, 5 minute probation appointments are useless. I’ve been there and worn the t-shirt with all that when my partner was on prison licence. Half of the time, he never saw his probation officer officer. On most occasions, it would be a trainee or someone else. Great isn’t it? Especially when his probation officer did a house visit and asked me some personal questions about our relationship! You’d have thought my partner would have seen his probation officer most of the time, not some young stuff in training! Probation need to inform families about prison licence and what it really does entail. Some families of offenders cannot go and pick their loved ones up from prison. There are many reasons why. One being the prison is too far away, or they do not have transport to pick them up. For lots of prisoners being released, they rely on public transport to get home and more often than not, go straight to probation before they go home to get matters done and dusted before settling in with their families. That being the case, many families do not look at the prison licence and its conditions. Offenders children need to know about the prison licence too. How devastating is it for a child to be over joyed their mum or dad is home, only to be taken away again by the Police if that prison licence is breached? It’s not fair to put any child through that. Many

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“You’ve put some weight on your arse love!” It almost makes me want to ask for a refund from the Assisted Prison Visits (APV).

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organisations agree that offenders families can reduce re-offending? Well if that is the case, and they honestly think that, then the likes of probation should indeed be involved. Not only to support the offender, but to support his/her family who spends the majority of time with the offender. For me, and I am sorry to say this, but probation is a tick box service and a clocking in office for naughty boys and girls. Maybe some probation offices work differently? But I am from the North-West and it’s the pits here. I am a firm believer in, every one is responsible for their own actions. It’s a saying probation use often. It’s also a saying that probation stick by, because yes, everyone is responsible for their own actions - but some need a little helping hand. If the probation service can’t offer that, then all the MOJ need to do is, employ office workers who can tick boxes. I’ve read posts on your website by people who say that there are some good probation officers around. I won’t argue with that, but ‘some’ is no good when others recall offenders for diabolical reasons. And there are plenty on the prison wings who will tell you. There are children in households who need educating about their mum’s and dad’s release from prison too. This is where the probation service should come in because otherwise, the recall process and the rest of it, can mess with a child’s head especially if the Police turn up out of the blue and take their parent away again. The MOJ need to get a grip and protect these innocent kids!

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News from the House

Insidetime August 2011 www.insidetime.org

Parliamentary Questions Highlights from the House of Commons Offenders: Rehabilitation

be necessary to manually examine each of these 3,700 records which could be done only at disproportionate cost.

Priti Patel: To ask the Secretary of State for Justice which (a) third sector organisations, (b) charities, (c) private companies and (d) other organisations are working in prisons to support prisoner rehabilitation; and how many prisoners are so supported. Mr Blunt: Management information held centrally indicates that there are at least 245 voluntary and community sector organisations, social enterprises and charities which support the rehabilitation of offenders in prisons, and 79 private sector organisations supporting rehabilitation activities in prison. The National Offender Management Service does not collect any other data on “other organisations” involved with supporting prisoner rehabilitation activities. In addition there will be other types of support provided to offenders, the details of which are not collated centrally and so any comprehensive lists of organisations and statistical information on the numbers of prisoners undertaking interventions in support of their rehabilitation could be obtained only at disproportionate cost. Editorial Note: If the Government is serious about starting a Rehabilitation Revolution it really does need to know exactly who is doing what in prisons and most crucially, how effective private sector organisations are in supporting prisoner rehabilitation activities.

Editorial Note: Disproportionate cost indeed! But nearly 4,000 incidents a year is roughly 80 incidents a week. It is very important to know how many of these incidents a year are in fact serious criminal offences if only to help The Daily Mail and The Sun to get their facts right. Oliver Heald: To ask the Secretary of State for Justice if he will take steps to improve the literacy levels of prisoners.

Parliament takes on the role of interrogator and grill executives of News Corporation. MPs found it difficult to believe that neither James nor Rupert Murdoch were aware of the wrongdoings of a small minority of people in their huge organisation employing some 50,000 people world-wide. Yet Labour, Conservative and Lib Dem leaders were also unaware of the wrongdoing of a significant number of MPs up until a very short time ago. Then they were only made aware of the situation through detailed reports in The Daily Telegraph based on a stolen computer disc - a practice known as ‘investigative journalism’.

Open Prisons: Crime

Philip Davies: To ask the Secretary of State for Justice how many offences were committed by offenders serving a prison sentence in an open prison in the latest period for which figures are available; what the offence was in each case; and in which open prison each such offender was serving. Mr Blunt: There are approximately 3,700 incidents reported annually in open prisons

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and prisons with an open element. These are reported on the HM Prison Service Incident Reporting System. However not all of these relate to a criminal offence, some relate to breaches of prison discipline while other types of incident include those connected with security or self-harm. In order to provide data relating to the number of criminal offences committed by offenders serving a sentence in an open prison it would

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Mr Blunt: The MOJ and BIS recently published “Making Prisons Work: Skills for Rehabilitation” on 18 May, setting out our reform programme for offender learning. Although our intention is to focus an intensive suite of vocational learning on the period in the run-up to release, we have committed to continuing to meet the literacy and numeracy needs of prisoners at the start of their sentences. These functional skills are important in enabling prisoners to address other needs that might otherwise prevent them beginning work or training. We are evaluating intensive literacy and numeracy provision and, subject to the outcome of that, plan to extend its use as a means of addressing the needs of those with shorter sentences.

Prisons: Employment

Oliver Heald: To ask the Secretary of State for Justice what recent estimate he has made of the number of prisoners which undertake

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News from the House

Insidetime August 2011 www.insidetime.org meaningful work; and in what types of jobs. Mr Blunt: Our latest estimate is that about 9,000 prisoners per day currently work in NOMS public sector prison industries in over 400 workshops, representing a wide range of activities including printing, furniture, textile manufacturing, laundries, engineering, contract services and land based activities. Prisons also partly run on prison labour. These activities include about 4,400 prisoners working in catering and picking and packing services. In addition significant numbers of prisoners are involved in areas such as cleaning but, as these jobs are local to each prison, numbers are not collated centrally. Editorial Note: If 13,400 prisoners undertake some meaningful work every day, the question is: what are the other 70,000 and more prisoners doing every day? They can’t all be at education classes.

Prisoners: Voting Rights

Priti Patel: To ask the Deputy Prime Minister on voting rights: prisoners, whether he plans to inform the House of Commons of his policy on the legislative measures he plans to introduce on extending the franchise to prisoners prior to providing an update to the Committee of Ministers of the Council of Europe. Mr Harper: The Government are considering the next steps and the House will be the first to be informed when decisions on the way forward have been reached.

Homicide: Young Offenders

Mike Wood: To ask the Secretary of State for Justice how many persons aged 16 to 18 at the time of conviction for (a) murder or (b) manslaughter that were subsequently released on licence have been recalled to custody following commission of a further offence or for a breach of the licence in each of the last 10 years. Mr Blunt: There were nine offenders aged 16 to 18 years when convicted for murder and

subsequently released on licence who were recalled to custody following a breach of licence conditions in 2010. Of these, two had committed a further offence, neither of which were defined as serious further offences as set out in ‘Probation Circular 22/2008—Revised Notification and Review Procedures for Serious Further Offences’. During 2010, no offenders aged between 16 and 18 years at conviction were recalled to custody while on licence for manslaughter. Detailed data on recalls before 2010 are not held centrally in an electronic format. To provide this data would require a manual trawl of individual prison records and incur disproportionate cost.

Prisoners

Chris Ruane: To ask the Secretary of State for Justice if he will estimate the number of prisoners per 100,000 head of population in each region in the latest period for which figures are available. Mr Blunt: The following table shows the number of prisoners per 100,000 head of population for each region in England and Wales using the prison population as at 30 June 2010 and the Office for National Statistics 2010 mid-year population estimates. Prisoners are not necessarily held in their home region so these rates partly reflect the geographic distribution of prisons.

Region Prison Prisoners population per 100,000 population North-east 4,896 188 North-west 12,604 182 Yorkshire & Humber 9,328 176 East midlands 10,249 229 West midlands 8,473 155 Eastern 9,205 158 London 6,875 88 South-east 14,344 168 South-west 6,305 120 Wales 2,723 91

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Prisoners: Repatriation

Priti Patel: To ask the Secretary of State for Justice with which countries the UK has an agreement to automatically deport foreign prisoners to serve their sentence in their country of origin. Mr Blunt: All prisoner transfer agreements (PTA) to which the United Kingdom is a signatory require the agreement of the other jurisdiction before a transfer is effected. None provide for the unfettered transfer of a sentenced prisoner to their country of origin. Most current agreements also require the consent of the prisoner but a number do not. The Government believe that wherever possible foreign national prisoners should serve their sentences in their own country and Government policy is to negotiate prisoner transfer agreements wherever they can. However, they cannot compel other states to conclude such agreements or to take back their nationals for the purpose of serving a prison sentence. The United Kingdom is a signatory to the additional protocol to the Council of Europe Convention on the transfer of sentenced persons and also has bilateral agreements with Rwanda and Libya which do not require the consent of the prisoner. However, the additional protocol requires certain criteria to be met before transfer, specifically that a deportation order should be in place. In December 2011 the United Kingdom will implement the EU PTA. This will require the receiving member state to accept a prisoner who meets the criteria for transfer and does not require the prisoner to consent. As a result of the EU PTA we expect to see a steady increase in the number of prisoners transferred to prisons in 35 countries in Europe.

Prisoners’ Release

Philip Davies: To ask the Secretary of State for Justice how many people were given new identities on release from prison in each of the last 10 years.

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Mr Blunt: There are a number of ways in which offenders may adopt or acquire a new identity on release from prison, ranging from the use of a pseudonym, to a change of name by deed poll to a full national identity change. Information on the number of offenders who have been given a full national identity change on release from prison is not held centrally. To provide such information may put certain individuals at risk and would likely incur disproportionate cost. Individuals who have been given a full national identity change are managed by the local police force for the area in which they reside. There is no distinction between those subject to national identity change on release from prison or those who are subject to it for other reasons. A national identity change is given to some high risk individuals who are assessed as requiring management as ‘protected persons’. Most of such individuals have assisted in the prosecution of others. Where offenders adopt a pseudonym or change their name by deed poll or are given a national identity change, they continue to be managed as offenders and are required to comply with their licence conditions and other instructions given by their supervising officer. Editorial Note: The Minister added that it would be a disproportionate cost to give the names and addresses of those who had changed their identities!

Prisoners’ Discharge Grants: Females

Helen Goodman: To ask the Secretary of State for Justice how much was provided as a discharge grant to women who had been in mother and baby units with their infants within prisons in the latest period in which figures are available. Mr Blunt: All eligible sentenced prisoners, including women accommodated in mother and baby units, receive a discharge grant of £46 upon release.

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Legal Comment

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Insidetime August 2011 www.insidetime.org

Prisoners with Learning Disabilities Solicitors Marcus Farrar and Matthew Stanbury examine PSI 32/2011 and the Equality Act 2010

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he term “learning disability” refers to a disorder that affects the brain and causes difficulties in processing information. In more simple terms, it is often said that this refers to those with an IQ of less than 70, although others would say that this is an artificial cut-off point. The Ministry of Justice has been slow to react to increased understanding about the nature and extent of learning disabilities. It has recently, but belatedly, provided guidance to the prison service through PSI 32/2011, entitled “ensuring equality”, which is a response to the Equality Act 2010. Annex H of the PSI recognises that those with learning disabilities may not realise that they have a disability at all, and those who are suspected of suffering from such a disability must be assessed on reception. There is no specific provision for those already in the system but the prison service is plainly under a duty to act in relation to such prisoners also. In particular, the policy also encourages prisons to adapt the way that they communicate with learning disabled prisoners in order that they can better understand what is being said to them. It also makes clear that such prisoners should not be discriminated against in terms of IEP level based upon behaviour that is a consequence of the disability. This may include matters such as time-keeping and cleanliness, all of which may have resulted in write-ups in the past and may continue to do so if the policy is not adhered to.

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PSI 32/2011 also makes clear that the fact of the learning disability must be “fed in” to the sentence plan. In a prison system that is so heavily focused on offending behaviour programmes, it is inevitable that prisoners with learning disabilities find themselves in a difficult position. The very fact of their disability means that they struggle to learn the concepts that are taught on such programmes, and that they are also unlikely to know what alternative help they may be entitled to. In more severe cases, the individual may not understand the nature of the sentence that has been imposed on him, let alone have any idea of how he is expected to one day satisfy the parole board that he should be released. The difficulties faced by prisoners with learning disabilities first came to the attention of the courts in R (Gill) v SSJ [2010] EWHC 364 Admin, in which the prison service failed to make reasonable adjustments for a prisoner who was suffering from a learning disability. Regrettably, such problems continue. We recently represented three post-tariff lifers with learning disabilities, who are each quite simply lost in the system. The Secretary of State eventually conceded all three judicial review claims, accepting that he had failed to make reasonable adjustments in each case. In one case the prison had referred the individual to a secure unit that did not even have a LDU; in another the prison had nothing more imaginative to offer than that the prisoner should retake the adapted programmes that had failed to be effective the first time round. One alternative route by which such

HOWARD AND BYRNE SOLICITORS

prisoners can hope to demonstrate a reduction in risk is a referral to a Learning Disability Unit (LDU). LDUs aim to provide round-the-clock support and treatment by dedicated staff with experience in dealing with learning disabilities; however they are not provided within the prison estate. In order to access such facilities, therefore, the individual must meet the criteria for transfer under the Mental Health Act 1983.



In a prison system that is so heavily focused on offending behaviour programmes, it is inevitable that prisoners with learning disabilities find themselves in a difficult position.



On 1st April 2011 the government published new guidance entitled “The Transfer and Remission of Adult Prisoners under s47 and s48 of the Mental Health Act” (the Guidance). Under the Guidance it is expected that prisoners who may be suitable for transfer to hospital will be identified early. There is a dedicated Mental Health Casework Section (MHS) at the Ministry of Justice that is responsible for identifying an appropriate level of security and placement for the prisoner.

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Not all of those with a learning disability will be suitable for a transfer to hospital. The Guidance provides that: “mental disorder does not include learning disability unless it is associated with abnormally aggressive or seriously irresponsible behaviour. However, prisoners with learning disabilities may also be suffering from a mental disorder. The guidance, therefore, applies to these prisoners.” Nevertheless the Guidance rightly also observes that learning disabilities sometimes go hand-in-hand with other mental disorders, meaning that many prisoners will be suitable for a hospital transfer regardless. It would be naïve to suggest that LDUs are a magical cure for the systemic problems faced by learning disabled prisoners; however all too frequently the prisoner (and indeed the prison) does not know that it is an option at all. Unless all such options are properly considered and explored then it is doubtful that the best intentions of PSI 32/2011 and the Equality Act 2010 will begin to make a difference. It is very unlikely that a prisoner with a learning disability would be able to digest this article. We would encourage prisoners who may have found the article useful to direct those who may be affected by the issues raised to seek appropriate advice and assistance.

Marcus Farrar Chivers Solicitors, Bingley Matthew Stanbury Garden Court North Chambers

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Insidetime August 2011 www.insidetime.org

Lodging an appeal Barrister Ian D. Boyes explains the appeals process and what you can expect

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nce convicted and sentenced you’ve probably never felt more alone, angry or upset about the legal system. Your thoughts will naturally turn to an appeal to the Court of Appeal, either against your conviction or sentence or even both. You may pause at this point and think to yourself, how do I go about appealing? This article gives a brief but essential guide to those who are considering an appeal as to what to do next. Firstly you should have received a written advice on the merits of an appeal from the Solicitor-Advocate or Barrister who represented you. This is a formal document which sets out the relevant facts of your conviction/sentence and why, in their opinion, there is or is not merit on an appeal. Not received one? You should immediately contact your Solicitor and ask why you have not received an advice on appeal; a Representation Order (legal aid) is designed to include the giving of advice on appeal. You only have 28 days from the decision you are complaining about to lodge your appeal documents so it is important you have your advice as soon as possible.

What can I complain/appeal about? CONVICTION: The test applied by the Court of Appeal is whether or not your conviction is ‘unsafe’. That is the only test they will apply. There are many, many reasons why you may wish to lodge an appeal against your conviction but the Court of Appeal will not always see things the way you might. In essence, something quite serious must have gone wrong at your trial in order to justify getting permission to appeal from the Court of Appeal, never mind succeeding. Examples of such matters which have led to appeals being successful are; misdirections by the Trial Judge as to the law, misdirections by the Trial Judge as to the proper approach in determining a set of facts, failure by the Trial Judge to refer to the defence properly or at all, improper comment by the Trial Judge, wrongful admission or exclusion of evidence, bias, prejudicial publicity. The list is perhaps endless! There is no set of defined circumstances in which someone can appeal or someone cannot. Each case has to be looked at on its merits that is why you should get expert help as soon as possible.

Miscarriages of Justice Appeals/CCRC Parole All Aspects of Prison Law contact the specialists

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SENTENCE: As far as an appeal against your sentence is concerned the tests are whether your sentence is ‘manifestly excessive’ or ‘wrong in principle’. Manifestly excessive means that the Sentencing Judge has given a sentence which is out of all proportion to the offence and your circumstances. It does not mean your sentence was harsh, or stiff or at the upper end of the scale. As for wrong in principle, this is a slightly greyer area. A sentence is wrong in principle if for example the correct sentence was one which the Sentencing Judge ought to have passed but chose a completely different course of action which is contrary to for example The Sentencing Guidelines Council Guidelines. The two areas do overlap to some degree and are often argued in tandem.

What if I have not received any advice on an appeal? This is a serious matter. If you have not received any advice from your SolicitorAdvocate or the Barrister who represented you then this is something you need to have and need to have urgently. Either contact them yourself or, alternatively, you can instruct another Solicitor and Barrister to look at whether you have any grounds of appeal against your conviction or sentence. They will, if they agree to look at your case, contact your previous Solicitor and obtain the papers from them and subject to funding, begin looking at your case.

Funding The funding of appeals is a complicated area, particularly so if you have already received advice from your Solicitor-Advocate or Barrister. You may find that the Legal Services Commission would be unwilling to fund a second opinion, simply because you disagreed with the first opinion you received. If you have not received any advice on appeal then the process, albeit still complicated, is simpler. A Solicitor can apply to the Legal Services Commission for funding to advise you, for reference the forms are called CDS1 and CDS2. Your Solicitor will know all about this process. There are of course the obligatory means tests but if you are in Prison then you should be ok. Alternatively, if you want to speed the process up then you can pay a Solicitor and a Solicitor-Advocate or Barrister to look at your case. You can even instruct a Barrister without a Solicitor now. You may find that this dramatically speeds up the process. If you do not have access to any funds to pay privately then you must contact a Solicitor first. As far as cost is concerned for paying privately then you should take this advice, do not be afraid to ask how much it will cost. Each case is priced according to the time it will take a Barrister to read it and

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read your letters etc. then advise you in writing.

Out of Time? If you do find yourself outside the 28 day time period then first of all do not panic. If you are still using the Barrister that represented you before then they should have a good reason as to why they have missed the deadline. They should, of course, let you know the reason why. If you are looking to change your representation then you should do so immediately, the quicker you get your advice then the better it is for you.

1. If you have not received your advice from your Barrister or Solicitor-Advocate then contact them immediately to ask where it is, particularly so if you are getting towards the 28 day time limit. 2. If you have not received any advice at all then contact a Solicitor immediately (if you are intending to apply for public funding). 3. Alternatively, if you have access to funds to pay privately then contact a Solicitor or contact a Barrister directly. (The Bar Council Website has the name of every Barrister licensed to accept work without a Solicitor). When contacting a Barrister directly his/her Clerk will be able to assist you with all the paperwork, cost etc. You can even get a family member to instruct a Barrister directly on your behalf. 4. Make sure you know the name of the firm who represented you then you can pass this onto your new team to obtain the papers quickly. 5. One vital thing, write down all the reasons you think things went wrong and what those things were in your view. This will assist those representing you as to where, why and how things did not go to plan. The Barrister is there to help you but they need your help too! It is important that you receive prompt advice about your appeal. You should be aware that there is not always a viable and arguable ground of appeal. A criminal law specialist will be able to help you and advise you as to whether there is any merit in you launching an appeal. The court of appeal also has power to cancel any period of imprisonment you have served thus far if they consider your appeal to be wholly without merit and you pursue it. This is very rare but a criminal law specialist will be able to advise you in greater detail on this issue.

Ian Boyes is a Barrister at 15 New Bridge Street Chambers specialising in Criminal Law.

Legal Advice

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Insidetime August 2011 www.insidetime.org

Categorisation Solicitor Lisa Gianquitto explains the system of security categorisation in prisons in England and Wales

Lisa Gianquitto HINE solicitors

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ll prisoners will have heard of the categorisation system in the prison but many don’t understand why they are put into a security category or how their categorisation has been determined. The categorisation of prisoners came about following a recommendation made in the Mountbatten report in 1966. It was decided, following the escape of the spy George Blake from HMP Wormwood Scrubs in 1966, that there needed to be an overhaul of the prison security system. Male prisoners are now classified within one of four categories, A being the highest category, D being the lowest. In 1987 it was decided that category A prisoners should be sub-divided into 3 further categories: standard risk, high risk and exceptional risk. Category A prisoners are reviewed by the Category A review team (CART) and committee at Prison Service Headquarters. Category B and C prisoners have their category reviewed in their holding prison.

Female prisoners and young offenders are not categorised (unless they have been reviewed as Category A prisoners). Female prisoners are either assessed as suitable for closed conditions or open conditions. Up until recently some female prisoners were held in semi-open conditions but with the changes made to HMP Morton Hall and HMP Drake Hall in 2009 these two semi open prisons are now part of the closed estate. PSO9000 states that prisoners must be categorised objectively according to the likelihood that they will seek to escape and the risk that they would pose should they do so. The definition of the various security categories is as follows: Category A Prisoners who escape would be highly dangerous to the public, the Police or the security of the State, no matter how unlikely that escape might be. Category B Prisoners for whom the very highest conditions of security are not necessary but for whom escape must be made very difficult. Category C Prisoners who cannot be trusted in open conditions but who do not have the resources or will to make a determined escape attempt.

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Category D Prisoners who can reasonably be trusted in open conditions.

Offender Manager which give an insight into the prisoner’s attitude to his offending and sentence.

Category A prisoners – PSO 1010 Category A prisoners must have their security category reviewed by the Director of High Security Prisons as soon as practicable after sentence. CART makes an initial recommendation as to whether the prisoner should remain in the category A estate. If the recommendation is that the prisoner should remain as category A he/she is entitled to receive information as to how that decision has been made. This is often referred to as a ‘gist’. The prisoner can make representations upon receipt of the information and the matter is considered by the review team. If the recommendation remains the same the matter is referred to the Category A Review Committee who must provide written reasons for the decision.

• Information about any domestic problems, which could impact on the prisoner’s stability and likelihood of trying to escape or abscond.

The first review of the security category takes place two years after the completion of the first formal review. The time between the first and second review is not set in stone. If a prisoner can demonstrate a reduction in risk and an earlier review is supported by the Director of High Security Prisons or the governing Governor of the holding establishment the matter can be reviewed before the normal two year period. Whilst this may be unusual it is not unheard of. If a category A prisoner genuinely feels they have made significant progress in reducing their risk e.g. by completing offending behavior programmes and demonstrating excellent behaviour in custody, they should contact a prison law solicitor to seek advice on whether an earlier review may be possible. Determinate sentence prisoners Determinate category B and C sentence prisoners serving sentences of over four years and over are entitled to have their security category reviewed on an annual basis. Those serving between 12 months and 4 years are entitled to a review every six months. Those prisoners serving the last 30 months of their sentence should also have their category reviewed every 6 months. Category D prisoners are not subject to reviews but a re-categorisation review will be prompted by a change in the prisoner’s circumstances or behaviour that gives cause for concern. This normally results in a return to closed conditions. Some prisoners may need to have their security category reviewed outside the normal review cycle, and often at short notice, because of a sudden change in their circumstances. For example, a successful appeal against sentence length could mean that the level of risk posed had been markedly reduced and it is now appropriate to consider transfer to a lower security prison. Alternatively, some prisoners may need to be re-categorised upwards at short notice because they now pose a greater risk; their behaviour makes them unsuitable for lower security conditions or, for other reasons, they are felt to require closer supervision. When undertaking the categorisation review Governors follow the process set out in the categorisation forms obtaining information from all professional staff involved with, or with knowledge of the prisoner. The OASys assessment (and other assessments where appropriate) should be used to assess/review the risk of harm which they present to the public. PSI 03/2009 states other relevant information will include: • Security information. • Reports from the Personal Officer and

• Reports from the medical officer or psychologist indicating concerns about the prisoner’s healthcare needs or ability to cope in conditions of lesser supervision. • The outcome of any offending behaviour programmes undertaken by the prisoner and his or her willingness to comply with a sentence plan. • Positions of trust held. • Successful ROTL application, which from a prisoner in category C should instigate a review of the prisoner’s suitability for category D. • Behaviour - A prisoner’s behaviour is relevant to the assessment only insofar as it may indicate the need for a greater degree of security or supervision. Good, compliant behaviour does not, in itself, indicate that the prisoner poses less risk either of escape or abscond or risk of harm to the public or risk to the good order of the prison and is not sufficient justification to downgrade a prisoner. There must be additional sound evidence that the prisoner’s good behaviour is representative of a change in attitude and an associated reduction in the risks that were evidenced at the last categorisation review. • Victim issues must also be taken into account when assessing a prisoner for open conditions, particularly where the victim of an offence had been specifically targeted by the prisoner. There is no requirement by a Governor to consider representations made by a prisoner to support re-categorisation to a lesser security category. From experience most Governors do however consider any representations a prisoner may wish to make as part of the assessment process. Life sentence prisoners Life sentence prisoners have their security category reviewed annually by lifer managers at the prison following sentence planning review boards. The assessment process is done much in the same way as that outlined above for determinate sentence prisoners. Re-categorisation to category D will occur following a successful application to the Parole Board, and approval by the Secretary of State, or by way of a successful ‘Guittard’ application to the Secretary of State. Appealing a categorisation decision A re-categorisation decision is recorded on form RC1. This is disclosable to a prisoner in most circumstances. Whilst there is no appeal process as such if a prisoner believes the decision has been made based on incorrect information they should appeal the decision via the Request and Complaints form (COMP1) and contact a prison law solicitor if help is required in challenging the decision. It is possible, in some circumstances to judicially review a categorisation decision, something which a prison law solicitor can help with and advise on.

Lisa Gianquitto is a solicitor with HINE solicitors

Legal Advice

Insidetime August 2011 www.insidetime.org

Insider dealing Information is everything Aziz Rahman, Solicitor and Jonathan Lennon, Barrister

Greed is Good “Someone reminded me I once said, ‘Greed is good’. Now it seems it’s legal.”

There has long been a perception that the Gordon Gekko types have been getting away with it for years. The Financial Services Authority (FSA), who regulate the City, have been promising for some years to get tougher on insider dealing. Sure enough, the FSA has undertaken more prosecutions in recent years than ever before; we predict that the offence of insider dealing will be a much more common-place listing in the Crown Court in the months and years to come.

SOCPA and Plea Bargaining The increase in prosecutions has been made possible, partly by the use of the Serious Organised Crime and Police Act 2005; i.e. the powers therein to enter into immunity deals with suspects as well as being able to offer greatly reduced sentences in return for co-operation. There is also the Attorney General’s Guidelines on Plea Negotiation which hold obvious attractions for both sides. The authors of this article are instructed in a case involving plea negotiations ahead of charge under these guidelines.

The Law The modern law on insider trading is found in Part V of the Criminal Justice Act 1993. Section 52 of the Act provides that it is an offence for “an insider” to deal in “priceaffected securities”. An ‘insider’ is an individual who has ‘information’ as someone on the inside. The information must relate to particular securities (e.g. stocks and shares) or issuer of securities, it must also be “specific or precise” information which has not been made public. Such an individual gains inside ‘information as an ‘insider’ by virtue of his position in the company, for instance, a director, an employee etc or by reason of some other employment status or profession, e.g. an independent accountant advising the company. The defences are set out in Section 53 and include such defences as the defendant “did not expect the dealings to result in a profit” or had reasonable grounds to believe “that the information had been disclosed” or that he would have “done what he did even if he had not had the information.” In addition

mobile phones (FSA Policy Statement 10/17, Taping of Mobile Phones, Nov. 2010).

The Future The FSA will probably not exist in its current form in the next couple of years. Despite this however, the prosecutions of insider trading will continue. There will undoubtedly be an increase in co-operation between UK organisations such as City Police and the FSA but more importantly perhaps between the UK and foreign enforcement authorities.

The increase generally in the use of plea negotiation as well as immunity from prosecution etc under SOCPA all guarantee that insider trading will become a much more common-place prosecution. Greed might be good, but it can be very costly too.

Jonathan Lennon is a Barrister specialising in serious and complex criminal defence case at Chambers in London. He is a contributing author to Covert Human Intelligence Sources, (2008 Waterside Press) and has extensive experience in all aspects of the Proceeds of Crime Act 2002 and ranked as a ‘leader in the field’ of fraud by Chambers & Partners. Aziz Rahman is a Solicitor- Advocate and Partner at the leading Criminal Defence firm Rahman Ravelli Solicitors, specialising in Human Rights, Financial Crime and Large Scale Conspiracies/ Serious crime. Rahman Ravelli are members of the Specialist Fraud Panel and ranked as a leading firm in Chambers and Partners and Legal 500 in the field of Fraud.

so n al o s nd ce Lo ffi O w in no

Gordon Gekko (Michael Douglas) in ‘Wall Street: Money Never Sleeps’.

there are four specified ‘special defences’ set out in Schedule 1 of the Act. Broadly speaking these are designed to ensure that the offences set out in Section 52 do not affect practices which have always been regarded as legitimate, e.g. having ‘inside information’ which is also just “market information”. Market information basically relates to information pertaining to the acquisition or disposal of particular securities and/or the fact that such transactions are under consideration or negotiation. Account is to be taken of whether the person was acting reasonably “despite having that information as an insider at the time” – these ‘special defences’ are simply broad and general in that they allow traders or buyers to plead that they were indeed doing no more than using information properly and reasonably with no intention of misusing inside information, particularly for personal gain.

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Investigations The FSA has had since its beginning its own systems for monitoring movements within the markets. The FSA’s figures showed that in the year end 2008, 53 out of 181 takeover transactions indicated an ‘abnormal preannouncement price movements’ – i.e. just under 30% of the 181 transactions studied were announced to the world shortly after a sudden increase in the price of the company shares (see Compliance Officer Bulletin, Market Abuse, 2010). However having a chat with a mate down the pub and getting him to buy shares that are about to increase in value is always going to be difficult to detect. That said, the more trusted associates/family members that are involved the greater the risk of compromise, hence the increased use of ingenuity on the part of those trading with inside knowledge. A typical example is the use of so-called Exchange Traded Funds (“ETFs”). ETFs are basically funds which comprise of a bundle of securities including shares. ETFs will be bought and sold in the same way as simple shares – unlike most conventional investment funds. Thus someone with inside information about company X can buy into an ETF that includes shares in company X and then short sell the other products – perhaps for a small loss. The effect is to hide the purchase of the shares because it is not purchased directly. A number of people have recently been charged in the US in relation to ETF trading. The Americans can of course, and do, rely on ‘phone intercept material – something not allowed in the Courts here. FSA regulations however have for some time required regulated businesses to record landline calls to and from its trading desks and also to record business calls made by staff on

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Legal Q&A

Insidetime August 2011 www.insidetime.org

GP - HMP Manchester Q In September 2003 I was remanded, and

Inside Time Legal Forum Answers to readers’ legal queries are given on a strictly without liability basis. If you propose acting upon any of the opinions that appear, you must first take legal advice. Replies for the Legal Forum kindly provided by: Chivers Solicitors; de Maids; Frank Brazell & Partners; Henry Hyams; Hine & Associates; Kristina Harrison Solicitors: Morgans; Noble Solicitors; Parlby’s; Petherbridge Bassara Solicitors; Stephensons Solicitors LLP; Stevens Solicitors; Switalskis Solicitors and WBW Solicitors - see individual advertisements for full details. Send your legal queries (concise and clearly marked ‘legal’) to our editorial assistant Lucy Forde at Inside Time, Botley Mills, Botley, Southampton, Hampshire SO30 2GB. For a prompt response, readers are reminded to send their queries on white paper using black ink or typed if possible. Use a first or second class stamp.

then in February 2004 sentenced to ten years for possession of firearms with intent and six months concurrent for possession of Class A. I was released in June 2010 after serving nearly seven years, however I have now been recalled to prison for staying at the wrong address and a further charge of possession of Class A. My probation officer says my license now finishes at my LED then I’ll be on the new licenses until my SED, providing I don’t get a new charge. I am under the ‘old’ law and I didn’t get the ‘half chop’. So do I get out on my LED or am I at the Parole Board’s discretion again?

A You were sentenced under the CJA 1991 as your offence predated the amended 2003 act. Therefore, you are right in your assumption that you will have a LED and SED. However, the Criminal Justice and Immigration Act 2008 was implemented after 14 July 2008. This act stipulates that any person recalled after this day will be recalled under the new provisions and they therefore can be detained until their SED irrespective of when they were sentenced. Of course, you will be entitled to regular reviews by the Parole Board to determine whether you are suitable for release.

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CE - HMP Hewell Q I’ve been recalled back to Prison on an IPP sentence for committing another offence – it was burglary. I got three years and four months in court. So what happens now, when will I see the Parole Board, will they set a parole date for the end of the half of the three years four months? Will they be able to give me a D-cat on this sentence as it’s a recall? Is the Government getting rid of the IPP sentence?

A Your case should be referred to the Parole Board as soon as you have served half of the

new sentence. The Parole Board will then have the usual powers (direct release or advise on the possibility of open conditions).

solicitor as I am looking to represent myself. What do I do in this situation? The police allowed me the evidence, but the prison will not.

In relation to changes to IPP sentences - the Government has announced the possibility of changes and has issued a green paper. As yet no changes have occurred.

A You should be entitled to your case papers.

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JS - HMP Woodhill Q I am serving five years for possession of a firearm, of which I have now served two years. I am, and have been since sentenced, a category C prisoner, and have thus far been turned down three times for a D-cat. This is even though I have never had an adjudication or an I.E.P and have completed every course ever asked of me successfully. Every time I am due to sit a Re-cat Board, some mysterious allegation is brought up that is never substantiated. Can you please enlighten me as to what, if any, judicial reviews have ever been brought about concerning recategorisation?

A Judicial Review applications regarding recategorisation are brought whenever the reasoning of the decision maker appears to be flawed. Judicial review is, by its nature, complex and you would be well advised to get a solicitor to assist and advise you.

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Name Supplied - HMP Parkhurst Q I have been working on my own case gathering evidence for my appeal; I don’t have a solicitor as I was going to represent myself. However the prison have held my evidence from me because it contains my alleged victims’ names; some evidence is off Facebook, and the rest is from police records for which I paid £75. The evidence potentially proves I am innocent. Are they allowed to withhold this evidence from me? I am told they will send a ‘copy’ to my solicitor. I explained I don’t have a

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24

Cr

cooper rollason

We would assume that all documents you have requested formed part of your original defence and therefore you would have already seen them previously and know the names of the alleged victims etc. You should internally exhaust the complaints procedure to obtain the documents.

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DB - HMP Whatton Q I was convicted of a sex offence in October 2005. I committed this offence before April 2005 which I assume puts me under the Criminal Justice Act 1991. I was given a four year and ten month sentence with a three year extended license. I was released in August 2008 and recalled to custody two months later in October. As I was recalled after July when the new recall law came in, I am told I can be held in custody until my SED date. Do these new recall laws apply to me if I am under the 1991 Act or should I be released at the ¾ point of my sentence at the risk period?

A You were sentenced under the CJA 1991 as your offence predated the amended 2003 act. Therefore, you are right in your assumption that you will have a LED and SED. However, the Criminal Justice and Immigration Act 2008 was implemented after 14 July 2008. This act stipulates that any person recalled after this day will be recalled under the new provisions and they therefore can be detained until their SED irrespective of when they were sentenced. Of course, you will be entitled to regular reviews by the Parole Board to determine whether you are suitable for release. As an extended licence period was imposed you should be entitled to an oral hearing before the Parole Board in order to orally make representations requesting release. You can be represented at such hearings.

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Legal Q&A

Insidetime August 2011 www.insidetime.org

Banks on Sentence Answers by Robert Banks, the barrister who writes Banks on Sentence (now with an extra volume for the law on the orders and procedure). The book is the second largest selling practitioner’s criminal textbook and is used by judges for sentencing more than any other. If you have access to a computer follow us on Twitter @BanksonSentence

www.banksr.com Q I was given six years for drugs offences in 2000. I was released and in August 2003 I was charged with robbery. I was given four years for the robbery and 800 days for licence recall, consecutive. I read your answer last month about consecutive sentences for recall being unlawful. Was my sentence unlawful as well?

A

The difference between your case and last month’s case is that last month’s answer about the recall was ordered by the prison and your recall appears to have been ordered by the Court. Your sentence was lawful because the Criminal Justice Act 2003 was not in force in August 2003. The Criminal Justice Act 2003 (Commencement No 8 and Transitional and Saving Provisions) Order 2005 2005/950 ensures the Powers of Criminal Courts (Sentencing) Act 2000 section 116 and 117 (the power of the court to order recall) remain in force for sentences imposed before 2005. That Act also enables the judge to order the new sentence to be consecutive to prison recall, even if the new sentence is imposed after 2005.

Q I pleaded and was sentenced to 20 months’ prison for a level 1, street robbery. I have never been done for a violent

insideinformation the Comprehensive Guide to Prisons & Prison Related Services

Including The Hardman Trust Prisoner Funder Directory

Published by insidetime - the National Newspaper for Prisoners www.insidetime.org

the Comprehensive Guide to Prisons & Prison Related Services

insideinformation

Published by insidetime - the National Newspaper for Prisoners www.insidetime.org

2011

The most On compre- £2 ly + 5 hensive P& P guide to prisons and prison related services.

Over 970 pages covering every UK prison with Legal Fact Sheets for England and Wales plus a full range for Scotland. Hundreds of Help Organisations and courtesy of the Hardman Trust, details of Grants and Funding to help prisoners and their families. Legal help throughout the UK and 1000’s of useful addresses often very difficult to find, especially for prisoners. insideinformation is published by Inside Time, the National Newspaper for Prisoners. Additional copies can be purchased from Inside Time PO Box 251 Hedge End Hampshire SO30 4XJ at the reduced price of £25 + £5 p&p.

offence before. My solicitor said the starting point after a trial was 12 months. There were two aggravating factors: it was at night and the lad was 14 years old. Do you think adding eight months may be a bit harsh?

A The sentencing range for level 1 offences

is up to 3 years. You are right, the relevant guideline includes as additional aggravating factors, ‘a) offence committed at night and b) vulnerable victim targeted’. Most of the Court of Appeal judges would consider 12-months starting point for street robbery as low, as I suspect your judge did. On the other hand, if the judge gave you a full discount for your early plea it will mean that he or she started at 30 months. This would be 2 ½ times the starting point. However I don’t know how the robbery was executed, nor the effect the offence had on the boy, nor what your previous convictions are. Without that information I am unable to give a concluded view although I doubt the Court of Appeal would reduce your sentence.

Q

When can a judge or magistrate refuse to deduct time spent on remand from the sentence?

A The Criminal Justice Act 2003 lays down that the court must direct that the number of days a defendant was remanded in custody to count, unless ‘it is in the opinion of the court just in all the circumstances’ not to give a discount. There are no guidelines on how this judicial discre-

tion should be exercised. An example of when the court has been considered it was right to withhold the discount is when the defendant pretended to be his brother and delayed the case and added to public expense. An example of where the Court of Appeal considered it was wrong not to order the days to count was when a defendant had delayed pleading guilty for 172 days. This was because the late plea should have been reflected in a reduced discount for the plea.

Q I used to think that only people like us were sentenced to prison. Suddenly MPs, senior newspaper people and police officers are all in the news. What sort of sentences would these police officers and newspaper people get? A

Barristers are not permitted to publically suggest sentences for people who have neither been convicted nor have asked for advice. So I can only answer your question generally. If a member of the public is given information from a police computer by a corrupt police officer, both the member of the public and the police officer will normally be sent to prison. This is true even where the police officer loses his or her job and a substantial part of his or her pension. If private investigators upon payment by newspaper staff hack into peoples’ phones, both the investigator and the newspaperman will be sent to prison. If the activity is on a small scale and the defendants plead guilty, the sentence will be in months. If the hacking is widespread the sentence will be in years because of the public revulsion in the invasion of privacy for profit. If senior officials involved in the management of the company obstruct police enquiries to try to prevent criminal proceedings, they will be sent to prison for a significant time and be disqualified from being company directors. If companies are convicted, they

will receive fines which are intended to show to others and shareholders the serious consequence of criminal activity by companies. The fines may be in millions or tens of millions of pounds. Note: In the last two editions I have answered questions about Sexual Offences Prevention Orders (SOPOs). Two days ago the Court of Appeal issued further guidance about these orders. They stressed that: a) The draft orders should be given to the court and the defence not less than two days before the hearing. b) The orders must not duplicate the obligations that a defendant is subject to in the notification requirements, disqualification from working with children orders and licences. c) Life sentences and IPPs should not normally have a SOPO attached unless there were some very unusual features. d) Restricting Internet use to ‘job search, study, work, lawful recreation and purchases’, has its attractions but the legitimate use of Internet extends beyond those spheres of activity. The Court noted that restriction would stop people on their computer looking at the weather forecast, planning a journey by accessing maps, reading the news, sending the electricity board a meter reading and using Internet banking. That formula should be avoided. e) The prohibition on possessing a computer etc. without notifying the local police station added ‘little of any value’. f) There was no need for the SOPO to grant the police powers of forcible entry beyond the statutory powers which they already have. g) Where it was really necessary to impose a prohibition on contact with children, it is essential to include a saving for incidental contact such as is inherent in everyday life. Defendants should tell their advocates about R v Smith and Others 2011 EWCA Crim 1772. These new rules mean that virtually every SOPO is defective.

Please start your letter with the question you want answered and send the letter to Inside Time (and mark the letter for Robert Banks). Please make sure your question concerns sentence and not conviction or release. Unless you say you don’t want your question and answer published it will be assumed you don’t have an objection to publication. No-one will have their identity revealed. Facts which indicate who you are will not be printed. Letters without an address or which cannot be read cannot be answered. Letters sent direct cannot be answered, because the letter has to go through a solicitor. It is usually not possible to determine whether a particular defendant has grounds of appeal without seeing all the paperwork. Going through all the paperwork is not possible. The column is designed for simple questions and answers.

We take pride in providing a full range of criminal and prison law services. Prison Law services include: • Parole Reviews • Life Sentence Reviews • IPP Reviews • Recall • Sentence Planning

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• Re-categorisation • Category A Reviews • Adjudications • Home Detention Curfew • Judicial Review

If you require assistance with any Prison Law issues, whether or not listed above, please contact our specialist Prison Law Solicitor - Hannah Rumgay

At Tates we never use unqualified caseworkers. All prison law work is undertaken by a qualified solicitor who specialises exclusively in Prison Law.

Tates 2 Park Square East Leeds West Yorkshire LS1 2NE 0113 242 2290

Health

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Insidetime August 2011 www.insidetime.org

Inside Health ... Providing this valuable service are Dr Jonathon Tomlinson and Dr Shabana Rauf, both GPs practising in East London. Dr Rauf is particularly interested in women’s health.

Q

For the past five years I have suffered sharp pains in the head of my penis. The pain doesn’t last for long, just a few seconds but very painful. There is no discharge and it doesn’t hurt when I urinate. This pain can happen any time, standing or sitting. I just feel this sharp pain in my penis for a few seconds then it goes away. Sometimes it can happen two or three times a day. Sometimes it takes a few weeks before it happens. I went to the doctor at my previous prison but the doctor didn’t even do any tests. Could this be prostate cancer? Any help or advice would be greatly appreciated.

A

I would like to start by saying that it is unlikely to be prostate cancer. The most common problem affecting the head of the penis is a condition known as balanitis. This is where there is some irritation on the head of the penis. It is associated with pain and redness around the head of the penis. It may be itchy. The most common causes are infection such as candida which can be simply treated. However other causes of balanitis include an allergy to either the underwear you are using or perhaps to the soap or disinfectant you are using. If you do not wash under your foreskin, sometimes old skin cells, urine and other debris may collect and cause some irritation. The fact that you have had this problem for five years suggests there are unlikely to be any worrying causes, however do see the prison doctor again. Let them honestly know

how worried you have been regarding this. It may be worth repeating a check for sexually transmitted infection as well as examining the skin around the penis.

Q When I walk for more than a few minutes,

my right thigh goes numb. It begins with pins and needles then goes completely numb, the worst of the pain is a small area just above my knee. Lately it’s been happening more and more often even when I’m just stood up. It only goes when I sit for 15-20 minutes. Could this be serious?

A From your description above it sounds like

a nerve being compressed. It sounds like it may be a condition known as ‘Meralgia Paresthetica’. This is where one of the nerves (called the lateral cutaneous nerve) in the thigh is being compressed. It can occur in pregnancy and even in people who wear tight jeans! It usually disappears on it’s own. If it doesn’t then it may be worth seeing your GP who can confirm the diagnosis and may wish to do other tests to exclude other conditions that affect nerves, including diabetes.

Q I attended the Whatton optician for a routine check, I was told that there could be a problem. The pressure in both eyes was too high and he wanted to see me again in a week and if there was no reduction he wanted to send me out to hospital for more enquiries. On the next visit the test showed pressures 18 and 19, this, he said was still high but just about within limits and needed to check for a third

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time. The third visit revealed the pressures on the up again. He asked to see me again in around 4 months. I know that the eyeballs are filled with a gelatinous material but I didn’t realise that the eyeballs were subject to varying pressures. Are you able to assist me with what is going on in the eyes? What will a hospital do to reduce it or for that matter is there anything I can do to help?

A Intraocular pressure being raised can be a

sign of Glaucoma. Glaucoma is an eye condition where the nerve at the back of the eye can become damaged because of this sustained high pressure. Over time this can affect vision and may lead to blindness. There are different types of glaucoma. The most common is ‘Chronic open angle glaucoma’. This progresses slowly. The worrying type of glaucoma is ‘Acute angle glaucoma’. This is uncommon but very serious. It usually presents with sudden onset of pain and redness in one eye. It is a medical emergency and prompt treatment is required. Glaucoma is common in the UK. It usually occurs in people over the age of 40. You are more likely to develop the Chronic form of glaucoma if; • You have a family history of glaucoma; • Are short sighted; • Are diabetic; • African or Afro-Caribbean. If the intra-ocular pressure or IOP is > 21mm Hg then it is important to check the back of the eyes very carefully for evidence of damage. It is likely that your optician has done this. If there are no worrying features they may arrange to see you regularly and if any signs of damage or sustained high pressure they will refer you to a specialist.

Q I am suffering with kidney pain and when

I am just about to drop off to sleep I am woken quickly by fuzziness to my head and it feels like my heart is going ten to the dozen. I have had a hepatitis test and it came back negative. My face is going pale and my bowel movements are upset which I know is to do with my kidneys. I am also having pains in my liver area but also on the other side under my rib cage. I know my own body and I know there is something wrong. Please tell me you have an idea so that I can put this to the doctor.

A There are many other questions that would

be helpful, such as; your age? Are you losing weight? How is your appetite? Is there any blood in your urine? Do you have pain in your chest, when you get the feeling that your heart beats quickly? It would also be useful to know how prison is affecting your mood, do you feel low, and do you feel anxious. It is difficult to make the diagnosis based on your letter. If you feel you can answer yes to the questions above I would advise you to see the prison doctor again. They may wish to run some basic tests of the blood and urine. Having a chat to them about your symptoms may also reassure you. If you have a question relating to your own health, write a brief letter to Inside Time (Health) Inside Time, Botley Mills, Botley, Southampton, Hampshire SO30 2GB. Everyone will receive a reply, however only a selection will be published each month and no names will be disclosed.

You can slow down the progression of glaucoma. There are various methods including eye drops and laser treatment. It is important to say that most people with glaucoma will not go blind,

APPLEBY HOPE & M AT T H E W S SOLICITORS

We specialise in:-

• Recall • Parole Applications • Licence Conditions • Criminal Defence • Adjudications • Judicial Reviews • Lifer Panels ALP/DLP • Cat ‘A’ Reviews • Categorisation & Transfers • HDC • Tariff Reviews • Lifer Issues Contact Kate Clark or Carroll Slaney

Appleby Hope & Matthews

35 High Street Normanby Middlesbrough Teesside TS6 0LE

01642

however it is very important that you get your eyes checked regularly throughout your life.

440444

[email protected]

Service throughout the North of England

                                         

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Health

Insidetime August 2011 www.insidetime.org

Understanding normal leg veins

....................................................................... Veins are blood vessels which take blood back to the heart. Blood flows up the leg veins, into larger veins, and towards the heart.

Cosmetic reasons. You may feel that the veins look unsightly. Treatment which is purely for cosmetic reasons is not usually available on the NHS, but NHS treatment can be considered in certain circumstances, such as if varicose veins are severely affecting your quality of life.

Varicose Veins

There are three types of veins in the legs. Superficial veins are the ones just below the skin surface. You can often see or feel the larger superficial veins. The superficial leg veins are the ones that may develop into ‘varicose veins’. Deep leg veins pass through the muscles. You cannot see or feel these. Communicating (‘perforator’) veins take blood from the superficial veins into the deep veins.

What are the treatments for varicose veins?

....................................................................... Self-help methods Avoid prolonged standing or sitting still. Try to “put your feet up” frequently (sit or lie down and raise the feet above the level of your hips, for example, use extra pillows under your feet on a bed or footrest). This helps to reduce blood ‘pooling’ in the veins. Use moisturising cream to protect the skin if it is dry, flaky or itchy. (Aqueous cream is suitable and inexpensive, or there are other types available - ask your pharmacist or doctor.)

There are one-way valves at intervals inside the larger veins. These valves prevent blood flowing back in the wrong direction. When we stand there is quite a height of blood between the heart and legs. Gravity tends to pull the blood back down, but is prevented from doing so by the vein valves, and by the normal flow of blood towards the heart.

What are varicose veins?

....................................................................... Varicose veins are dilated (enlarged) sections of veins which are located just under the surface of the skin – usually on the leg. They are often easy to see, as they look thick and ‘knobbly’. They may be less obvious if you are overweight, as they are hidden by fatty tissue under the skin. Other, smaller types of veins which can be noticeable, are: ‘reticular veins’ - a closely grouped network of small veins; and ‘thread veins’ or ‘spider veins’, which look like a kind of starburst pattern on an area of the leg. These are not true varicose veins.

What causes varicose veins?

....................................................................... It is thought that the wall of the vein becomes weak in some sections. These sections then widen and become more prominent. If this occurs near a valve then the valve may become ‘leaky’ and blood may flow backwards. Once this happens at one valve there is extra pressure on the vein, which can cause more widening and more leaky valves. Blood then ‘pools’ (collects) in the enlarged vein and makes it stand out.

Who develops varicose veins?

....................................................................... About 3 in 10 adults develop varicose veins at some time in their life. Most people with varicose veins do not have an underlying disease and they occur for no apparent reason. However, the chance of them developing is increased with: Pregnancy. This is partly due to the baby causing extra pressure on the veins, and partly because hormones you make during pregnancy tend to relax vein walls. The more babies you have, the more the risk of permanent varicose veins devel-

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oping. Varicose veins tend to appear, or get worse, during pregnancy, but often improve after childbirth when the pressure on the veins eases. Age. They are more common with increasing age. Being overweight, which appears to increase the chance for women but not men. Standing lots. Jobs which involve lots of standing are often said to cause varicose veins. However, there is little scientific evidence to support this theory. Sometimes an underlying disease may cause varicose veins, for example: A previous blood clot (thrombosis) or injury in a deep leg vein.

Are there any complications of varicose veins?

.......................................................................

Complications develop in a small number of cases. Complications are due to the higher pressure in the varicose veins causing changes to the small blood vessels in nearby skin. If complications do develop, it is typically several years after the varicose veins first appear. However, it is impossible to predict who will develop complications. The visible size of the varicose veins is not related to whether complications will develop.

Do I need treatment for varicose veins?

....................................................................... Most people with varicose veins do not need any treatment. You may want to have treatment for one of the following reasons: If complications develop - which occur in a small number of cases. If leg swelling or skin changes develop over prominent veins, then treatment is usually advised to prevent a skin ulcer from developing. If a skin ulcer does occur then treatment of any varicose veins may help to cure it. If you have a varicose vein which has bled, then you should be referred urgently for treatment. For symptoms of itch or discomfort.

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Support tights and compression stockings These counter the extra pressure in the veins. They may help to ease symptoms such as ache, though there is little proof as to how well they work. Support tights and compression stockings may also help to prevent early complications from getting worse. To work properly, they need to be correctly fitted. They come in different strengths and sizes. Most people find that the type of compression stockings called ‘below-knee class 1 (light) or class 2 (medium)’ are suitable. Ideally, they should be put on first thing in the morning, before you get out of bed, and taken off when going to bed at night. Compression stockings are available on prescription or can be purchased. Creams and medicines Moisturising cream can be helpful if the skin is dry, hard or itchy, or if there is eczema. Also, for eczema due to varicose veins, a short course of steroid cream may be needed. Surgery Different techniques can be used to remove the veins, depending on their site and severity. A surgeon will advise. Usually, the communicating veins (explained above) are tied off (ligated). Then the large varicose veins are removed or ‘stripped’ from the leg. Many people can be treated as day cases. One to three weeks off work may be needed afterwards, depending on your job. Sclerotherapy This injects the vein with a chemical that can ‘sclerose’ (close and seal) the vein. It is mainly used for smaller veins. The vein needs to be compressed afterwards, which involves wearing bandaging or compression stockings for a few days or weeks.

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Wellbeing

Insidetime August 2011 www.insidetime.org

Leading you to a healthy lifestyle

Technique

‘A lifestyle worth living’ Are you new to exercise, not sure what to do or looking for a different training approach? This month I have revealed some sessions from my personal training plan which the rowing team from HMP Erlestoke and myself have used in my build up to several competitions including my gold medal at the English championships and my build up to competing at the World Police and Fire Games this August in New York.

Training specific to meet your aims and ambitions The key to having a training program is that it is specific to your aims and ambitions. I always create a training plan and keep a log of how I perform in each session. The main reason I do this is because I like to see progression in every session I do. An example is if I rowed 5000 metres in 16 minutes and 50 seconds, the next week I expect to be quicker. Every time I beat my previous time, it gives me a small bit of satisfaction which keeps me motivated to carry on with my training program. If I don’t see improvements, I will evaluate the session and see what went wrong. Before a major event, I will follow a 12 week training cycle. This will generally involve 6 sessions of CV, one strength and one power session each week. Both the strength and power sessions have been covered in previous publications in Inside Time. I will also complete core training whenever I can, usually two times per week. I certainly don’t expect to play football 5 times a week and be able to complete all of my rowing training to the standard that I would expect, so I stick purely to my training plan. I allow myself once a week to participate in a sport or activity which is not relevant to rowing, and will only do this after I have completed my planned training for that day. Overtraining is a very common hurdle many athletes hit within their training cycles, purely because they do too much too soon. If you follow this training plan with a balanced diet, you could potentially unlock a complete new level of fitness, which has been described by many as ridiculous and unbelievable!

The start position Your shins should be vertical with your body pressed up near the legs. Your heels should be slightly off the footplate. Your arms should be very relaxed and straight and you should feel like your in a powerful but comfortable position. I always adjust the feet supports so I have three holes showing above the toes, but this varies to your own. This is the point to start to take a breath in.

The 4 week cycle Monday intervals Tuesday distance and power Wednesday intervals Thursday distance Friday intervals Saturday distance and strength You only need to complete one session of cv per day, and when you train with resistance, try and combine it with a day when you are doing easier distance rowing. The reason we do this is because our bodies have 3 main energy systems being aerobic, anaerobic and creatine phosphate. Steady long distance training is a form of ‘aerobic’ training which is exercise which uses oxygen. Aerobic training can be performed until your body runs out of fuel or your muscles fatigue. When performing intervals, you will find you will hit an ‘anearobic’ training zone which is exercise ‘without oxygen.’ You will know when you are training without oxygen because you will get a build up of lactic acid from anywhere between 30 and 90 seconds. You will know when you hit this zone as your working muscles will get heavier and perform less efficiently. Once you have used all of your anaerobic energy system, your body requires 24-48 hours to recover before it is ready to go again. This is why there is allocated rest in between interval sessions. The line between aerobic and anaerobic training is referred to as your anaerobic threshold. The third energy system is the creatine phosphate(cp) system. This only lasts for around 8-10 seconds before your aerobic or anaerobic system has to kick in if your training intensity allows. Your body only needs 90-180 seconds to replenish the CP system before it is ready to go again. When performing low repetition strength of power training, this is the energy system that initially kicks in.

The Drive You should slam your heels down to the footplate and drive with the legs and allow your body to lever back. Your arms should remain straight until your legs are fully extended.

The Finish Lean back and pull the handle in to your ribs so it is tucked in close to you just below your ribs. You should keep your core tight and keep facing forwards. I find at this point I’ll force a deep breath out, to allow a quick recovery breath during the recovery phase. I often find after a hard 2000 metre race I’ll leave a bruise from there I pull the handle in so hard.

> Top tips for rowing success! The speed you see on the screen is only generated from the drive and finish position. All of your effort should be focused on applying ‘maximum’ force on this part of the stroke. During the recovery part, you should feel relaxed, loose and put as little effort in as you can. Have a practice session with one minute rowing and two minutes rest and see just how fast you can go doing 18, 20, 22, 24, 26, 28, 30, 32, 34 and 36 strokes per minute. You may find you can go faster doing fewer strokes per minute, but applying more power on each one. Long distance (aerobic sessions) focus on power and keep the stroke rate lower than it will be on interval sessions. The last thing to consider is to set up the resistance of the machine. On a new machine, for most of the sessions I would have it set to around level 6 or a drag factor of 132 (check your machines damper setting by clicking menu, other options, drag factor and then row a few strokes. Each machine can vary depending on age, the amount of use it gets etc).

The recovery Immediately after pulling the handle in to your ribs, straighten your arms back out in a relaxed manner. Then you need to lean forward so your vertical and then allow your legs to bend so you start to slide back in to the start position. This is known as one complete stroke. As soon as you hit the start position that is the time to start the next stroke.

The Sessions Always complete a 2000m warm-up, starting really slow and then progressing up to the estimated speed you aim to do in the main session. Always cool down and stretch after the session. Each week, your average 500m pace should be quicker than the session you completed on that day the week before. Row 2000m as quick as you can to establish your current fitness level and 2000m time. Put maximum effort into it so you literally fall off the machine at the end!

Week 1 Monday 3 x 1000m with a 4 minute rest in between each. Aim for around 28-36 strokes per minute Tuesday 5000m aiming to hold 24-28 strokes per minute Wednesday 15 x 250m with 90 seconds rests in between each aiming for 32-40 strokes per minute Thursday 10000m holding 22-26 strokes per minute Friday 6 x 500m with a 2 minute rest in between each aiming for around 30-36 strokes per minute Saturday 60 minutes holding 18-22 strokes per minute Sunday Rest

Week 2 Monday 4 x 750m with a 3 minute rest in between each. Aim for around 28-36 strokes per minute Tuesday 5000m aiming to hold 24-28 strokes per minute Wednesday 20 x 200m with 90 seconds rests in between each aiming for 32-40 strokes per minute Thursday 30 minutes holding 22-26 strokes per minute Friday 4 x 500m with a 2 minute rest in between each aiming for around 30-36 strokes per minute Saturday 50 minutes holding 18-22 strokes per minute Sunday Rest Repeat weeks 1 and 2 again, but on the Saturday have a rest day from cv and weights and on Sunday, row 2000m. Aim to hold the pace you held for the 6 x 500m session on Friday. If you can only train 4 times per week, drop the session on Wednesday and Saturday. If its less than that, drop a random session each week as well as Wednesday and Saturday. If rowing isn’t your sport, cross transfer the training plan for running, cross training or cycling. I would like to hear how you get on, so feel free to send in your 2000m times or forward it on to someone you know at HMP Erlestoke.

by PE Instructor Matt Vanstone - HMP Erlestoke 2011 English Indoor Rowing champion.

Astrology

Insidetime August 2011 www.insidetime.org Taurus the Bull 21st April to 20th May

Jupiter, planet of good fortune, is in your sign all month, and with your ruler Venus in fun-loving Leo, the stage looks set for a positive start to August. Family dramas, however, may strike a note of tension around the time of the Full Moon. By the last week of August, though, things settle back down to your more usual steady pace and there’s a definite feeling that a new chapter in your life could be starting. Gemini the Twins 21st May to 21st June

Steering by the stars Rod Harper Rod Harper works as a consultant, writer, and teacher of astrology.

Aries The Ram 21st March to 20th April

With forceful Mars your ruling planet now moving into defensive Cancer you may be prone to a spot of overreacting this month, especially where family matters are concerned. This may indeed be a time to take some kind of direct action in the family realm, however the signs are advising caution, so don’t do anything reckless.

Muddles and miscommunications set the theme for you this month Gemini. It may be that you need to go back over old ground and sort things out, or put the facts right in some way. Be especially careful around the 8th as any hint of double-dealing could find you entangled in a net that even the most artful dodger will find it difficult to escape from. Cancer the Crab 22nd June to 23rd July

Underneath that crusty shell, the crab can be a sensitive creature, so try not to get drawn into any potentially destructive power games this month, especially around the weekend of the 13th and 14th, when the Full Moon may bring out the worst in people close to you. By the 18th, the sands will have shifted and you’ll be able to see who your true friends are. Leo the Lion 24th July to 23rd August

This month puts your relationships very much under the spotlight, and with Venus in your sign, your powers of attraction are stronger than ever too. If it’s a favour you’re looking for, now is the

time to turn on the charm. The new Moon on the 29th brings with it a promise of increased fortune of some kind. Virgo the Virgin 24th August to 23rd September

As your ruling planet Mercury turns retrograde on the 3rd, you may find yourself turning inwards and going back over old ground in an effort to make sense of who you can and can’t trust. With both the Sun and Venus moving into your sign during the last week of August, your powers of attraction should be at an all-time high – don’t waste time on someone who doesn’t really appreciate you or have your best interests at heart. Libra the Scales 24th September to 23rd October

With your ruling planet Venus in playful Leo for much of the month along with a full moon in the creative area of your chart, this could be an ideal time to get your creativity flowing in some way. Beauty and art are important for Libra, but so is the temptation to just sit around and do nothing. Think about what’s going to do you most good in the long run. Scorpio the Scorpion 24th October to 22nd November

With both your rulers in opposition, you could find yourself torn between conflicting priorities and a feeling that you can’t see the wood for the trees. At times, it may feel as though you’re swimming through mud, but towards the end of the month frustrations should ease up, so hang in there. Try to avoid conflicts around the 10th and the 25th, when your inner resources hit a low point. Sagittarius the Archer 23rd November to 21st December

With the learning area of your chart being stimu-

H

47

lated, why not make the most of your time by getting into the Sagittarian spirit of adventure and learning something new? As your ruler Jupiter moves through Taurus, the pace of life may feel as though it’s dragging, however the seeds you sow at this time could help grow a little more stability into your life. Capricorn the Goat 22nd December to 20th January

With your ruling planet Saturn riding high in the heavens in alliance with Lady Luck, there could be some good news about money in the pipeline this month – the period around the 7th looks particularly promising. Towards the end of August there may be the feeling that someone close to you is trying to throw a spanner in the works, but don’t worry, Capricorn – all the signs are pointing to the fact that you have the upper hand. Aquarius the Water Carrier 21st January to 19th February

Things you’ve been working at for some time now are about to bear fruit, and a partner may look on with pride at just how much you’ve achieved. For once, it looks as though everyone’s in agreement, and a dream you had back in the spring that you thought was over, looks as though it might be back on the horizon once again. Pisces the Fish 20th February to 20th March

With Neptune slip-sliding back into Aquarius and some tricky planetary aspects towards the start of the month, there could be a feeling that any ground you have gained over the past couple of months is slipping away. The New Moon of the 29th heralds a turning point when a fresh start on the relationship front might be just the tonic you need right now.

48

Book Reviews

Insidetime August 2011 www.insidetime.org

Reading Bang Up with a Book: The National Prison Radio Book Club group round-up News and views from prison reading groups across the country. Chris Queree, Literacy Development Co-ordinator, reports from HMP Bristol

Image courtesy of Matthew Meadows

W

e have had two reading groups operating in Bristol for just over one year now and that makes almost 24 different books read by over a hundred men. In a local prison with quick transfers going on it can be difficult. The library staff and the two volunteers have done a good job in keeping both groups going. There have been articles about the Bristol groups in the Prisoners’ Education Trust newsletter and also in the Bristol Review of Books. This last one was called ‘The Great Escape’ because many members feel like Jon: “ I have read books I would not normally consider, such as The Siege by Helen Dunmore, and the reading group gives me an escape ” “ I don’t pick up on everything in a book the first time I read it and talking about it in the group sheds light on what I missed and vice versa ” “ It gives us a chance to get together and give an opinion and it’s interesting to hear what other people think ” The meetings get especially lively when it comes to choosing the next book. Nominations are voted on and the two front runners then go head to head for the final vote. Everyone has had to read books they didn’t choose but most see this as an advantage: “ It expands my circle of readable authors ” “ I read books I would not normally choose ” The prison was given copies of All Quiet on the Western Front for World Book Night so both groups read it. It’s a great book. We also had a ‘lucky dip’ bag containing a single copy of all 25 WBN books. We each chose one blindfolded. This meant everyone had an extra

book to read but also one to recommend or tell people to avoid at the next meeting. Some books that have been really enjoyed: The Siege by Helen Dunmore (who visited the prison to chat about her book after we had read it) Company of Liars by Karen Maitland Around Ireland with A Fridge by Tony Hawkes The Book Thief by Markus Zusak Nathaniel’s Nutmeg by Giles Milton Do Androids Dream of Electric Sheep by Philip K Dick. The membership changes as men move through the prison but the pleasure stays for all the ones turning up this month, next month or 8 months ago. “ Prior to joining the book group I could count on the fingers of one hand the books I had read and still have fingers spare; now I have just started my 20th book ” “ This has reminded me what a bookworm I am ” “ I wouldn’t keep coming if it wasn’t fun ” “ It’s the disagreements and making me think again” My job is to create situations which get men off the cot and thinking about things. Books are meant to be shared and also to provoke ideas. The Bristol reading groups do just that. The great escape it is then, folks. Get organising and get stuck in! If your prison doesn’t have a reading group encourage your librarian to have a look at the Prison Reading Groups website www.roehampton.ac.uk/prg The Bristol group is part of the Prison Reading Groups project (PRG), supported by the Arts and Humanities Research Council.

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also help you to develop important skills, like considering themes and language, and learning to listen to and debate other people’s ideas.

A

s part of the Reasons to Read campaign in June 2011, National Prison Radio launched the world’s first radio book club just for prisoners, with support from the Prison Reading Groups project (PRG). Every month, prisoners working with or listening to National Prison Radio will select a new title to read together. At the end of the month special guests and prisoners from across England and Wales will give their views on the book.

In August, the Book Club takes on John Boyne’s The Boy in the Striped Pyjamas. A story of innocence existing within the most terrible evil, this is the fictional tale of two young boys caught up in events entirely beyond their control. So, if you haven’t read a book for a while or if you’re looking for a new hobby, why not bang up with a book with National Prison Radio...?

With a lot of time on your hands, reading is a great way to while away an afternoon or an evening. Whether you’re looking for a biography to inspire you, a thriller to keep you turning the pages or a fantasy to transport you to another dimension, there are books for everyone in prison libraries – books that can move and challenge you, expand your imagination, make you think.

Tune in to our NPR Book Club audio readings every night, Monday – Saturday 22.30, with an omnibus edition on Sunday at 15.00.

And book clubs are a great way to share all the ideas and feelings that you take from a book. Whether it’s an organised prison reading group or simply a chat with your cell mate – sharing the experience of reading and discussing your opinions on the book can make it all the more fun and meaningful. A book club can

If you want to take part, or would like to suggest a book for the NPR Book Club, write to us at National Prison Radio, HMP Brixton, London SW2 5XF.

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The Book Club discussion is on the last Sunday of the month at 17.00. National Prison Radio has free copies of The Boy in the Striped Pyjamas to give away.*

* Books will be given out on a first-come, first-served basis.

Book Reviews

Insidetime August 2011 www.insidetime.org

Lucky Luciano

Mafia Murderer and Secret Agent

49

Tales of the unexpected

by Tim Newark

Do you have a story to tell or a gift for telling stories? Do you have the gift of the gab or something to say?

Review by Billy Little - HMP Bullingdon

Synergy Theatre Project can help you bring your stories to life.

Tim Newark wastes no time in tearing apart the man, the myth and legend of Lucky Luciano. In illustrating Luciano’s rise to notoriety in the criminal underworld to how he was manipulated like a puppet into believing his own self-proclaimed status as a criminal mastermind. The truth of the matter was that Luciano’s international drug empire and reputation for helping the Allies in Sicily and the Mediterranean win the Second World War was manipulated from above. A reputation built on 25 years of fear was enhanced, supported and even officially recognised to maintain the man, myth and legend of Lucky Luciano. Charles ‘Lucky’ Luciano – or Salvatore Luciana to his mum – was born in Sicily on 11th of November 1897. In 1907 he emigrated to America with his family to live in the notorious Lower East Side district of New York. Much of his early criminal acts were learned whilst running protection rackets with other immigrant gangs. The environment that he grew up in was austere, violent, with high unemployment and strikes a common feature, and making an honest living was at a premium. He somehow managed to shoot himself with his very first gun at the age of 14. But the irony doesn’t end there, as Newark’s portrayal of Luciano highlights numerous other points within the telling of this story. One of the most common features, as it remains today with any ‘wannabe gangster’ is that the reputation may have been built on fear to start with, but it gets perpetuated through others telling it for him. For the first 25 years of Luciano’s life his criminal reputation for ‘conflict resolution’ and ‘community projects’ didn’t go unnoticed. He was schooled in how to dress, speak and act in different situations; generally shying away from the limelight and self-promotion by others coming through the ranks at the same time. One of these was an affective streetfighter who had been slashed during a fight over a girl – Al ‘Scarface’ Capone, a man who liked to fluff his own ego as he drove around in an armour-plated Cadillac.

With the lifestyle comes, inevitably, the prison sentence and Lucky was no exception – well not at this stage of his life, questions would later be asked of his willingness to ‘co-operate’ with the authorities. Suffice to say that Tim Newark’s research challenges Lucky Luciano’s commitment to the ‘omerta’ – the mafia code of silence and refusal to give assistance or any evidence to the police or authority figures. Within 2 days in 1923 Lucky had sold two-ounces of morphine and an ounce of heroin to narcotics agents. He broke the omerta code, but both the address and $150,000 worth of drugs that they found were his own. The case against him was dropped for supplying the information. However, the smell of ‘informer’ haunted him and numerous other drug dealers were arrested: ‘…because Luciano gave names to the police…it revealed that Luciano was willing to negotiate with the authorities. This knowledge would encourage future secret deals with the government.’ Many years later whilst sitting in a prison cell, Luciano gave the go-ahead for his henchmen to give every assistance possible to Naval Intelligence. Luciano boasted: ‘There’ll be no German submarines in the Port of New York.’ Time Newark provides evidence to show that government agents had much bigger plans for him, his American and Sicilian associates and their geographical knowledge of the local area. Apart from the odd snipe at Richard Hammer’s ‘The Last Testament of Lucky Luciano’, accusations of it being ‘fraudulent’ by the journalist Tony Scaduto, and wander down memory lane every now and then, this book reads very well. Tim Newark used primary official documents found in Palermo, Washington DC, London and New York to clear away the variations on the bullshit and get to the heart of the matter, good stuff. Lucky Luciano - Mafia Murderer and Secret Agent by Tim Newark Published by Mainstream. Price £11.99

© Alessandro Evangelista

No previous writing or theatre experience necessary, just a passion for telling stories and a commitment to developing yourself as a writer.

Write a play with Synergy Theatre Project

Synergy works with serving prisoners and ex-prisoners offering support whether you want to write your first play or develop the story that you can’t get out of your head. We can help you to write or to rewrite, offering advice and support that will help you get your script noticed, read, developed and produced.

“The quality of drama written from inside the prison estate never ceases to surprise”

Rachel Billington for Inside Time on Every Coin by Carlon Campbell Robinson

Are you out by October?

Tales of the Unexpected is a FREE play writing project for ex-prisoners and run by Synergy Theatre Project. You will work with professional playwrights, meeting on Wednesday

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evenings (from 12 October to 14 December) at the Royal Court Theatre, ending with a presentation of your work, performed by a professional company of actors. If you would like to apply then please send us ONE of the following: A 4-page scene or dialogue which can be on any subject with any number of characters or a 4-page short story or story extract to: Tales of the Unexpected, Synergy Theatre Project, Riverside Studios, Crisp Road, London W6 9RL. Deadline: 5pm on Wednesday 21 September. For more information about Tales of the Unexpected or to find out about other opportunities for writers with Synergy please write to: Neil Grutchfield, New Writing Manager at the above address, email neil@ synergytheatrepeoject.co.uk or call Neil on 020 8237 1177.

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50 H

Inside Poetry

If you would like to contribute to the Poetry section, please send your poems to ‘Poetry’, Inside Time, Botley Mills, Botley, Southampton, Hampshire SO30 2GB.

H H Poem of theH HStar H H month

Congratulations to Jim Watts - HMP Exeter, who wins our £25 prize for ‘Star Poem of the Month’.

On the Numbers

Jim Watts - HMP Exeter Number 17 is crying again, keeping us all awake Number 8 is shouting, how much can he take Number 16 just wants to be left alone Number 12 has problems of his own Numbers 3 and 6 never make a sound Number 10 is suicidal; his thoughts go round and round Numbers 1 and 15 with methadone still sleep Numbers 5 and 18 are too afraid to peep Number 20 is playing cards with number 2 Number 13 is praying, asking God what to do Number 19 bangs on his door happy with the noise Number 11 says be quiet in a very quiet voice Numbers 21 and 9 are starting now to roar Numbers 7 and 14 have seen it all before Number 4 is asking where did it all go wrong While here in number 22, I try to write a song

A poem for my lover, from one jail to another Jo-Anne Thomson - HMP Cornton Vale I sit on the top bunk, writing from my cell To any other couple, it’s an idea of hell But baby, tell me, what else can I do? Each week, I write, with love from me to you I read the latest words from your heart I can’t wait till we’re out to make a new start But for now we write for what else can we do So I post my love from me to you I look at your picture; I stare at your face Angry at myself for being stuck in this place If I wasn’t here, I could be there for you I could visit you often, and feel your touch too I’m sorry baby, it tears me up inside I feel like my hearts just worn out and died All I have to smile at are the words in your letter You always know what to say to make me feel better So, I wait my love for the next letter you write To read and to cherish before I sleep at last at night

Dear Chanelle

Zara Stewart - HMP Bronzefield My baby girl I want to tell you from my heart So let me begin from the start I loved you from the minute you were born I used to hug you, feed you and keep you warm You were just a child But when I had you I was young and wild You changed my life, I was happy It was funny the first time I changed your nappy Your beautiful face with your cheeky laugh The times you pretended to swim in the bath You are the most gorgeous girl in the world Everybody wanted a hold You are and always will be my little girl But this is when I went in a whirl I’ve always suffered with depression That’s why I tell you my confession I know I haven’t been there all your life But it was a thing about a knife I used to cut myself at night But in front of you I would pretend everything was alright Now I’m in prison for stealing from shops Remember your trousers and your tops I was on bad drugs, you got taken from me You were little, just above my knee That’s when social services took you away I will always remember that day That’s when my heart broke in two At first I didn’t know where you was or with who I cried all the time And when I did I reached for the wine I need to stop Taken crack and pot Every night when I go to bed I see your little face in my head I see the happy times we had I think back it makes me sad I just need one glance To know I have another chance I promise I’ll be there for you Whatever it takes I’ll do I love you forever with all my heart And now together will begin a new start

Legal Problems

Jason Price - HMP Nottingham I got a letter today Rule 39 I knew she had wrote it As it smelled so fine Each time I see her My heart skips a beat She’s the most beautiful legal secretary I ever did meet I’m a criminal and she’s my defence This silly crush just doesn’t make sense Don’t get me wrong It’s just harmless fun The sad thing is she’s old enough To be my mum

Insidetime August 2011 www.insidetime.org

Preston Brent Doney - HMP Liverpool I’m in Preston for two police assaults They threw me in so fast it were like they used catapults I remember the night, the tazer, the electric volts But at the end of the day I was drunk and it was my fault At least they didn’t catch me with my semi-auto colt So this sentence is getting took with a pinch of salt So Lord forgive me for I have sinned But in my opinion they deserved to get chinned I wish I could get my criminal record binned But asking for that’s like pissing in the wind It’s not that bad in here as I’m padded up with a friend And on the outsides he’s a proper legend He got six month I only got four So it’s not too long till I’m walking out the door Every day I go to the gym And there’s me thinking its gunna be grim As I know it’s far from paradise At least I can go on exercise So as I’m counting the days, day by day This is the last session I’m ever gunna pay

Duty of Care Mark Done - HMP Usk Its 2am – my cell mate snores, Outside the guards rush past the doors – Jangling down along the wing A buzzer sounds – no dong, no ding What’s gone down to cause such haste, Oh God no – not another waste I hope it’s not that lad in two The quiet one – the one that’s new He rarely mixed and stood aloneLast night I saw him on the phone With tears rolling down his faceHow cruel is this human race? And now I’m filled with fear and dread In case he’s gone and lost his head Time ‘inside’ is hard to bear When those you love, they look elsewhere. The ‘window warriors’ sing their song And yes, it is the end of John My heart it aches at such a waste For he who acted in such haste No more can hurt you in this life No one to burden you with strifeYou did it – though you knelt in fearYou saw your path and it was clear. The sentence takes away much more Than liberty – behind that door, You lose your will – your sense of pride Don’t tell me life is fair inside In truth, our life is just a lease And so dear John please rest in peace. That’s 38 this year aloneYou D.O.C like them lies prone. Go quietly now – go on your way Go safe in this your final day, For none can hurt you, so again Sleep soundly bro, sleep well, Amen.

Insidetime August 2011 www.insidetime.org

Yeah What, Me & You

If you would like to contribute to the Poetry section, please send your poems to ‘Poetry’, Inside Time, Botley Mills, Botley, Southampton, Hampshire SO30 2GB.

Night Time Joseph Clark - HMP Garth

Michael Irwin - HMP Magillligan

There is no other life This is it Don’t talk shit ‘But I’m hurt’ Yes you are ‘But I’m angry’ You’ll go far ‘But I’m poor and scared and lonely’ Yeah, and you want a brand new car There are many legal ways for you to get rich But caring ‘bout that guy you wanna lick down Can you handle it? Riches won’t avoid you If you set in place a plan Just dedicate, be patient Trust me, I know you can Coz prison is a shithole Imagine 30 years And remember If you kill me It will all end in tears For you Your family My family too You think you won’t get caught I used to think that too So get your act together And try and be my friend Stop meeting with the ‘gangsters’ You meet down at the ends So here I am standing Reaching out to you It’s up to you my friend Your life depends on you Mine too Do what it is that it is you feel you have to do And my friend please remember I say it coz it’s true There is nothing left to for me to say Except I believe in you

As nightfall starts to come All the creatures of the moon Start to run As you look at the stars In the dark night sky You see the odd Aeroplanes just fly by At night the moon’s rays Shine out and You hear the odd jolt Of thunder spring out Then once silence falls You hear the hoot of owl cry out The foxes run through The trees far away These are all the things Before you look towards another day From dusk to dawn The spiral galaxy Is shining in the distance And looking fawn The stars shine bright In the clear black sky Sometimes I wonder just how How high As I try to focus on the Tiny shapes in the sky

I am ‘Magic FM’ ‘Coors’ and ‘Adele’ I am the pin drop of my cell I am a rock, cape of horn, good hope, I am the southeaster, tempest A seas boiling hell I am the hubcap Left at the roundabout, I am a comb without teeth, The boat without a bottom I am a single barrel come-about In the ebb after the wreck I am driftwood bleached As bone in the desert I am lost on a beach In Mozambique like Wilbur Smith I am less than grains of sand Or stars I am a child, the inner glow And sunset becalmed I am less, momentarily there I am calm, lapping on golden shore, Without malice I am ‘Smokey’ singing, London Ships in the night, ‘the Paddys’, ‘Alice, Alice, who the F_ _ _ is Alice?’ I am flotsam and jetsam, I care not a jot I am the breeze when you’re not there, I am time that heals all Or stares and stares I am tide turning eternally And I’d share.

Copies are available at a special discount price of £7.50 for Inside Time readers, family and friends. Inside Time, Botley Mills, Botley, Southampton, Hampshire SO30 2GB Tel: 0844 335 6483 ISBN 978-0-9562855-0-8

Voices from prison

51

The Rock

Darel Blackrose - HMP Stocken

insidepoetry

Inside Poetry

Convicted

Robert Preece-Smith - HMP Durham They sit up aloft on their big high horse Tearing me apart with words I don’t recognise I start to wonder if what they’re saying is only being said to hypnotise To hide the fact that they don’t know what they’re saying either Coz I’m not exaggerating when I say it sounds all drivel and saliva I manage to adjust to the overwhelming situation that surrounds But my brain is still searching for evidence that I’m not in a room full of clowns My personal clown is dribbling some gibberish about a chaotic lifestyle While my opposing clown dribbles about the defence being evil and vile Then the one who looks most like a clown speaks drivel in my direction All the while looking at me as though I was a contagious infection He explains I am to be taken away and forcefully corrected I tell him to pull his head from his arse coz it’s fed up of being inspected. We will award a prize of £25 to the entry selected as our ‘Star Poem of the Month’. To qualify for a prize, poems should not have won a prize in any other competition or been published previously. Send entries to: Inside Time, Poetry, Botley Mills, Botley, Southampton, Hampshire, SO30 2GB. Please put your name, number and prison on the same sheet of paper as your poem. If you win we can’t send your money if we don’t know who or where you are! By submitting your poems to Inside Time you are agreeing that they can be published in any of our ‘not for profit links’, these include the newspaper, website and any forthcoming books. You are also giving permission for Inside Time to use their discretion in allowing other organisations to reproduce this work if considered appropriate, unless you have clearly stated that you do not want this to happen. Any work reproduced in other publications will be on a ‘not for profit’ basis. WHEN SUBMITTING YOUR WORK PLEASE INCLUDE THE FOLLOWING PERMISSION: THIS IS MY OWN WORK AND I AGREE TO INSIDE TIME PUBLISHING IT IN ALL ASSOCIATE SITES AND OTHER PUBLICATIONS AS APPROPRIATE.

Orange

Luke Ward - HMP Acklington Placed on the side near my stereo Just a piece of fruit, no place to go Orange in colour, orange by name All from the same tree, no orange the same Fall off the table, watch it slide No emotions or feelings, just orange inside

Brief Moment

Norman Jarrett - HMP Standford Hill As I wake to the world And watch the endless parade Of life go by – I stand under the sun Hear the dawn chorus Introduce another day, And taste the salt in the air As waves break in the distance Over the promenade. I touch the earth – Hold a seedling in my hand, And in one brief moment It all makes sense.

Prison Sucks

Spike - HMP Erlestoke This place sucks It sucks out your deepest sins It sucks out your aching limbs This place sucks It sucks out your shallow mind It sucks it out, you must be blind This place sucks It sucks out your bleeding heart It sucks its tearing me apart This place sucks It sucks it out through the tiniest hole Ripping it out through your soul This place sucks Don’t let anyone tell you NO I’m just letting you know it sucks Coz I’m telling you so.

52

Jailbreak

Insidetime August 2011 www.insidetime.org

Do you remember?

Rock &

August 2nd 1990

August 12th 1964

More than 100,000 Iraqi soldiers backed up by 700 tanks invade the Gulf state of Kuwait in the early hours of this morning.

A massive manhunt is underway across Britain after one of the gang involved in the Great Train Robbery breaks out of a high-security prison in Birmingham.

Iraq invades Kuwait

Pop Quiz

August 2nd 1984 7. R&B legend Ray Charles used only his first and middle names during his stage career. What was his family name? 8. For which music magazine’s 1000th edition, in 2006, was the front cover artwork inspired by that of the Beatles’ Sgt Pepper’s Lonely Hearts Club Band album?

1. What is Little Richard’s actual name? 2. Which children’s story inspired the name of Michael Jackson’s California ranch? 3. Which singer appeared in the movies Catch 22 and Carnal Knowledge? 4. The 2002 movie 8 Mile starred which rap singer? 5. Who shot to international fame after her first album Baby One More Time was released in 1999? 6. Which American punk rock band founded by Joey, Johnny and Dee Dee, all of whom shared the same stage ‘family’ name despite being unrelated?

Euro Court condemns phone-tapping

A Surrey businessman who accused the police of illegally tapping his phone is celebrating after a ruling by the European Court of Human Rights.

British troops sent into Northern Ireland

The British Government sends troops into Northern Ireland in what it says is a “limited operation” to restore law and order.

Anglican church approves gay bishop

The Anglican Church in America votes to approve the appointment of an openly gay bishop, angering religious leaders around the world.

10. Whose songs Bird On A Wire, Chelsea Hotel and Halleluja appear, amongst others, on his ‘best of’ album released in 2002?

August 5th 1962

11. Rock The Joint was a very early (1949) rock ‘n’ roll hit for which singer and his band?

Film actress Marilyn Monroe is found dead in her bed with an empty bottle of sleeping tablets by her side.

Marilyn Monroe found dead

12. Which singer married movie director Guy Richie in 2000?

August 16th 1952

Flood devastates Devon village

Twelve bodies are recovered and 24 people are missing feared dead in the flood which has swept through Lynmouth in north Devon.

August 27th 1967

13. Which band’s album Dr Feelgood made No 1 in 1989?

Beatles’ manager Epstein dies

The Beatles’ manager, Brian Epstein, is found dead at his Belgravia home in London.

14. Which band took its name from unexplained aerial phenomena seen by flight crews during World War 11?

August 28th 1963

King’s dream for racial harmony

The fight for racial equality moves a step closer to victory as Dr Martin Luther King tells thousands of Americans his dream for freedom.

15. Beautiful Brother: The Essential ___ is part of the title of which artist’s compilation album, released in 2000?

Answers on page 56

August 14th 1969

August 3rd 2003

9. In 1995, Made in Heaven was the last studio album to be released by which band?

16. Also known as Doctor Feelgood in his later career, how was William Lee Perryman better known during the 1940s/50s?

Great Train Robber escapes from jail

August 6th 1945

US drops atomic bomb on Hiroshima

The first atomic bomb is dropped by a United States aircraft on the Japanese city of Hiroshima.

August 31st 1997

Princess Diana dies in Paris crash

Diana, Princess of Wales, is killed after her car crashes in a Paris underpass - the driver and her friend Dodi Fayed are also dead.

Chartwell and Sadlers SOLICITORS

Criminal Defence, Prison Law and Immigration Specialists Wrongly Convicted? Long Sentence? Tired of knock back?

PRISON LAW AND CARE We can help py you

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We can also provide assistance in

Immigration,Criminal Court Proceedings & Appeals and Confiscation proceedings . Please write to Joshua or Rita at:

Chartwell and Sadlers Solicitors 111 Asylum Road London SE15 2LB or call us on 0207 635 5255 (Mob 07507 431045)

Adjudications Parole Board Recall I.P.P. Reviews Category A Reviews H.D.C. Lifer Panels Categorisation Sentence Planning Sentence Calculations Accessing Courses Licence Conditions All criminal matters

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Have children? Know your rights

Stephanie Brownlees

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38 Lichfield St,, Walsall,, WS1 1UP

Jailbreak

Insidetime August 2011 www.insidetime.org

“Quotes”

53

Quiz

Wordsearch

We have revolution in the Middle The education system hasn’t “ “ East, drought in Europe, killer caught up with our children and our cucumbers in Germany, and I open way of life ” my newspaper to see Julian Fellowes Why the actress Angelina Jolie

Find the answers to the questions. One answer isn’t on the grid.

sturorethampers ctndoneahisaoaa

is very concerned about prejudice against posh people. It’s kept me awake a bit, I can tell you

home-schools her offspring

cbritrdoaeenete

A tedious little place “ ” The comedian John Cleese on his

nseiryticapacph

differ with screenwriter Fellowes on the big issue of the moment

birthplace, Weston-super-Mare

wertrtsgrtaecnn

Trains are late, state schools “ are rubbish and I’ve got to give you

tqnocssrraartae ignigremeotroih

4. Appearing (8)

four million quid? Are you having a laugh?

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5. To rebound (8)

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6. Spoilt Child (4)

The singer Adele is shocked to discover the 50% tax rate (and “rubbish” wasn’t quite the word she used)

dsvathbctltieet

” The actress Maureen Lipman begs to “

The Church of England entered the 20th century opposed to buggery and in favour of foxhunting. By the start of the 21st century it had reversed its position

Earl of Onslow

8 1 6 9 2 7 3

2

2 6 9

8

3 9 4

5 7 9 2

4

Daily Sudoku: Mon 11-Jul-2011

5 8 7 1 9 6 3 2 4 4 1 2 3 7 5 8 6 9 3 6 9 4 8 2 7 4 6 5 1 3

Second 1 5 7 9Chance! 8 2

2 7 4 6 3 9 5 1 8 1 3 8 7 5 4 2 9 6 Daily Sudoku: Mon 11-Jul-2011

(c) Daily Sudoku Ltd 2011. All rights reserved.

9 5 3 2 6 8 71 in 4 51people are routinely 8 2 1 9 4 7 6 3 5 refused 6 9 5 8 2 1 4 7 insurance 3

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3. Severe (6)

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12. Lure (6) 14. Cling to (6)

GEF BAD CHI By Neil Speed Published by Xlibris. RRP: £12.35

17. Picnic basket (6)

15. Motionless (6) 16. Cabinet member (8)

Submitted by Karl Stokes HMP Kingston . Start on the left with the first number and work your way across following the instructions in each cell. See how quickly you can do each puzzle and how your times improve month by month! Answers on page 55. If you would like to submit similar puzzles we will pay £5 for any that are chosen for print. Please send in a minimum of three puzzles together with the answer!

6

x16

56

÷8

/

54

÷6

/

/

x2 x2

x11

/ /

/

Solicitors

PRISONERS’ LEGAL RIGHTS - NEED HELP? Defence and Appeals Licence Recalls Parole Reviews Adjudications Categorisation & Transfers HDC Proceeds of Crime Cases(POCA)

Please contact,

Aloysius or Sam at:

VLS Solicitors

Gibson House 800 High Road London N17 0DH

0208 808 7999

13. Limit / volume (8)

Quizwordsearch, submitted by Neil Speed, a former prisoner who also came up with the concept of GEF BAD CHI whilst in prison. Inside Time features a GEF BAD CHI puzzle on this page.

Specialists in Criminal Defence, Prison Law & Confiscation Proceedings

• • • • • • •

2. Clergyman (6)

cataaceoriodtrs

Adele

John Cleese

1. Eastern European (8)

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Mind gym

9

1 3 7

Angelina Jolie

(c) Daily Sudoku Ltd 2011. All rights reserved.

SUDOKU & GEFBADCHI

Maureen Lipman





The Earl of Onslow

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Mobile 07940 728 166 Office also in Brixton

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Has prison come between you and your loved one? Mentorn Media, one of the UK's longest established independent television production companies, are making a documentary about people whose families, relationships and love lives have been put on hold because their other-halves are in prison.

We want to hear from people in prison and their loved ones left on the outside. Have you got kids or a baby on the way but you’ve just been sentenced? Are you planning to marry while you’re inside or worried you’re partner won’t wait for you? or Are you in a relationship with someone in prison who you’ve never met or waiting for your partner to be released after years behind bars? Do you have a young family or are pregnant and struggling to cope with dad inside? Would you like to help us tell the story? Please contact: Alex at Love Behind Bars, Mentorn Media, Elsinore House, 77 Fulham Palace Road, London, W6 8JA 020 7258 6745 [email protected]

Jailbreak

54

Insidetime August 2011 www.insidetime.org

CAPTION COMPETITION

Gema Quiz

Computer Games 1. In the long running Mario series, Mario and his brother Luigi are generally portrayed in which profession? 2. Who is the main character in the Metal Gear Solid series? 3. Sonic, is a speedy blue variety of which common small mammal? 4. Which of these titles holds the record for ‘best selling playstation game’? a) Tomb Raider b) Metal Gear Solid c) Gran Turismo 5. Which of these titles DOES NOT currently have a movie adaptation available based on the popular gaming series of the same name? a) Silent Hill b) Street Fighter c) Gears Of War 6. Pikachu is a well known character in which Nintendo series? 7. Underground, Most Wanted, Carbon and Hot Pursuit are variations of which racing game? 8. Who are your main enemies in the Resident Evil series? a) Aliens b) Zombies c) Humans 9. The word ‘Bulletproof’ follows the name of which famous US rapper to form the name of a hard-hitting PS2 title? 10. Which mode of transport is the feature in the Tony Hawks series?

The new Gema Records catalogue is out now! (Summer 2011) For the first time, we have a DVD section with over 17,000 DVDs. In addition, we have 11,000 New Releases and over 5,000 Special Offers included in the catalogue. PS2 Bundles now come with 2 free pre-owned games. We are now offering used Xbox 360 Arcade consoles with a vastly increased range of games

For your own personal copy, please send a cheque or PO (payable to Gema Records) for £2 to Gema Records, PO Box 54, Reading RG1 3SD and we will immediately despatch a copy to you along with a £2 voucher to use against your first order.

Last month’s winners

insideknowledge The prize quiz where we give you the Questions and the Answers!

All the answers are within this issue of Inside Time - all you have to do is find them!!

John Ruth - HMP Glenochil Alan Kippax - HMP Gartree Rossano Traversari - HMP Guys Marsh with all correct answers (or nearest) will each

?

Who suggested that ‘we need to review the way society treats addicts...’? Who was convicted of four murders and one attempted murder in 2008? Which two numbers ‘are too afraid to peep’? What percentage of all female prisoners considered their offence was linked to gambling? Where is The Mentoring Solutions drop-In centre based? Which charity runs the six day programme - ‘Building Stronger Families’? In which country are prisoners aged 18 and over obliged to vote by law? How many offenders were given a Community Order by the courts?

For an Immediate Response contact: Duncan Smith

Glaisyers Solicitors

10 Rowchester Court Printing House Street Birmingham B4 6DZ

0121 233 2971

£25 prize is in the post Another £25 prize is on offer for the best caption to this month’s picture. What do you think is being thought or said here?

Gema sponsors of Jailbreak

The first three names to be drawn with all-correct answers (or nearest) will receive a £25 cash prize. There will also be two £5 consolation prizes. The winners’ names will appear in next month’s issue.

• Licence & Parole Hearings • Categorisation & Transfer • Recall to Custody • Ajudications • Tariff & Judicial Review

Paul Grady HMP Shepton Mallet

GEMA RECORDS - SUPPLIER OF THE UK’S LARGEST BACK CATALOGUE OF MUSIC Telephone: 01189 842 444

Answers to last months quiz: 1. Escape from Alcatraz, 2. Cool Hand Luke, 3. Green Mile, 4. Shawshank Redemption, 5. Bird man of Alcatraz, 6. Chicago, 7. Stir Crazy, 8. Papillion, 9. Loneliness of the long distance runner/A day in the life of Ivan Denisovich, 10. Bronson

Criminal Defence, Appeals and Prison Law Specialists All Prison issues including:

Last month’s winner

Thousands of price reductions across the board.

See below for details of how to enter. The first three names to be drawn receive a £15 Gema Record Voucher & free catalogue

1. 2. 3. 4. 5. 6. 7. 8.

Oh my God! They’ve escaped from Area 51!

HENRY HYAMS

SOLICITORS 7 South Parade, Leeds LS1 5QE 0113 2432288 Categorisation Parole/Recall HDC Progression Adjudications Appeals/CCRC Lifer/IPP issues Judicial Review Contact our Prison Law Team Katy Cowans - Rebecca Seal Rachel Jamieson ›› Registered with EMAP ‹‹

9. 10. 11. 12. 13. 14. 15.

Jonnie Marbles the ‘Pieman’ Protester at the phone hacking enquiry at the House of Commons

>> To enter

Please do not cut out any of these panels. Just send your entry to one or all of these competitions on a separate sheet of paper. Make sure your name, number and prison is on all sheets. Post your entry to:

Inside Time, Botley Mills, Botley, Southampton, Hampshire SO30 2GB. You can use one envelope to enter more than one competition just mark it ‘jailbreak’. A 1st or 2nd class stamp is required on your envelope. Closing date for all is 23/08/11

Which PSI will not be available for public viewing? How many prisons in the UK is ‘Smart UK’ currently running in? Who is unimpressed by the policy, ‘build them big and run them cheap’? What is the estimated cost of providing methadone per year? Which two prisons have been targeted for closure? At which prison are all prisoners required to wear leg irons for the first three months of their sentences? How many IPP sentences were awarded when the system started in 2005?

Answers to Last Month’s Inside Knowledge Prize Quiz 1. 1,200, 2. Murder of a Policeman, 3. HMP Whitemoor, 4. 9%, 5. Sir Richard Branson, 6. 16th June, 7. The Government, 8. Niger, 9. HMP Brixton, 10. 25th May, 11. 60,000, 12. 97%, 13. Former Inmate, 14. Fusion 21, 15. Philippines Our three £25 Prize winners are: Bernadette Roberts - HMP Bronzefield, Ezeigbo Marcel - HMP Wormwood Scrubs, Julie Slavin - HMP Styal Plus our £5 Consolation prizes go to: Stuart Smith - HMP Highpoint, Andy Armstrong - HMP Stocken

“Locked in here all day; you don’t turn criminals into citizens by treating them this way” with kind permission from Billy Bragg

We have a dedicated and specialist team. We offer nothing but honest and professional advice. We aim to deal with your case speedily and efficiently. We aim to provide a quick response to all initial contacts. We regularly attend prisons throughout Northern England but do offer nationwide service in particular: Disability Discrimination Categorisation / Progression Parole & Licence Issues Lifer & IPP cases Adjudications Appeals / CCRC cases Recall HDC Judicial Review www.chiverssolicitors.co.uk

NORTH EAST OFFICE Chivers Solicitors, Abbey Business Centre, Abbey Road, Durham DH1 5JZ

☎ 0191 383 2222

YORKSHIRE OFFICE

Chivers Solicitors, Wellington Street, Bingley BD16 2NB

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›› Registered with EMAP ‹‹

Jailbreak

Insidetime August 2011 www.insidetime.org

Comedy Corner Send in your jokes, you will receive £5 for every one we print! Ê What’s the difference between Iron Man and Iron Woman? One’s a superhero and the other is an instruction. John Beesley - HMP Stafford ............................................................... Ê I hate all this terrorist business. I remember the days when if you were on the train or the bus and you see a bag unattended, you used to think, “I’ll have that!” Danny Charnock - HMP Albany ............................................................... Ê Doctor: You have acute appendicitis Patient: I came to be examined, not admired! Darren Stewart - HMP Wakefield ............................................................... Ê Q: What did the egg say to the boiling water? A: It’s going to take a while for me to get hard – I just got laid by a chick! Gareth Wilson - HMP Risley ............................................................... Ê A famous soccer player parked his brand new Porsche outside a gift store and went inside to shop.

About ten minutes later a blonde salesgirl ran up to him shouting, “I just saw someone steal your sports car.” “Did you try to stop him?” asked the soccer player. “No,” said the blonde. “I did better than that, I got the registration number of the car!” A Weir-Blake - HMP Winchester ............................................................... Ê My wife couldn’t tell a lie to save her life. You’re lucky! My wife can tell a lie the moment it leaves my mouth. Anon - HMP Hull

55

TWENTY QUESTIONS TO TEST YOUR GENERAL KNOWLEDGE 1. In England, by which name is a pub lunch consisting of Cheddar cheese, bread, pickles and onion better known?

actor played the character of Dr Richard Kimble? 12. What name do the Germans use for mulled wine?

2. Stromboli, a volcanic island in the Mediterranean Sea, belongs to which European country?

13. In 1974, former dancer Isabel Peron became the first female president of which country?

3. During the US Prohibition, what name was given to illegal drinking clubs?

14. What colour are the petals of the alpine flower, edelweiss?

4. Who played the title role in the 2001 film Mike Bassett England Manager?

15. ‘Boz’ was the pseudonym used by which celebrated Victorian novelist for some of his early works?

5. Which was the first of Ian Fleming’s James Bond novels?

16. In which 1999 film comedy does Hugh Grant star as a man who is marrying the daughter of a mafia boss?

6. In the UK, who was the long-time host of the 1950s TV panel game, What’s My Line? 7. In the Mr Men series of books and cartoons, what colour is Little Miss Sunshine?

17. What is the name of the blackcurrant flavoured liqueur added to dry white wine to make the drink known as Kir?

8. Where in the body would you find the metacarpus?

18. The town of Timbuktu is in which African country?

9. What is the common name of the whale that is sometimes known as the white whale?

19. By which nickname is English drummer Peter Edward Baker better known?

10. Which TV presenter was the mother of Bob Geldof’s children Peaches, Fifi and Pixie?

20. Partly set in Newcastle, which 1990s TV drama followed a group of friends from the 1960s to the 1990s?

11. In the 1993 film The Fugitive, which US

It’s a con

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Beesley & Company 736-740 Wilmslow Road, Didsbury, Manchester, M20 2DW 0800 975 5454 (FREEPHONE) [email protected] www.beesleysolicitors.co.uk Nationwide service available in certain cases Legal Aid available

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Whatever your situation we can help you, we have helped many people in the same position! We are specialist family lawyers who can advise you on any family matter including child access, adoption, divorce and separation.

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Jailbreak

56

Insidetime August 2011 www.insidetime.org

Christy Wiltshire HMP Bronzefield EP7138 Tennis

Thanks to Christy Wiltshire HMP Bronzefield for compiling this wordsearch. If you fancy compiling one for us please just send it in max 20 x 20 grid & complete with answers shown on a grid. If we use it we will send you £5 as a thank you!

Quizwordsearch

Sudoku

3 7

2

402 6 9 5 7

Rock & Pop Quiz

Break Point Crossword Henman Hill John Isner US Open Roger Federer Racket Wimbledon Top Seed Deuce Andy Murray Masters Balls Love Djokovic Murray Mound Andy Roddick Ace Rafael Nadal Williams Sisters We’re outside fighting for your rights inside Kim Clijsters Prison Law Specialists in Wales MatchDealing Point With: GrandAdjudications Slam

Check forward, backward and diagonally, they are all there!

Mind Gym

1. 5, 12. 19, 3.

V S L L A B G R O H U T C I V O K O J D

9

B R S O C R U B D N U O M Y A R R U M E

9

S E Q V V J D K C I D D O R Y D N A N A

8

T T Y H M E N B C S M N V L J F Q D C M

2

R S W I L L I A M S S I S T E R S E Z X

4

Q A W F O P A M Z C B X N M H O W O N M

8 1 6 9

General Knowlege

I M T Y I H L D K I M C L I J S T E R S

3 9 4

K L M E K L I L A M T N I O P H C T A M

2 7 3

M P T T H B V E N N R F E D A N G N R B

1. Richard Wayne Penniman 2. Peter Pan by J M Barrie 3. Art Garfunkel 4. Eminem 5. Britney Spears 6. The Ramones 7. Robinson 8. Rolling Stone 9. Queen 10. Leonard Cohen 11. Jimmy Preston and his Prestonians 12. Madonna 13. Motley Crue 14. Foo Fighters 15. Curtis Mayfield 16. Piano Red

1. Ploughman’s lunch 2. Italy 3. Speakeasy 4. Ricky Tomlinson 5. Casino Royale 6. Eamonn Andrews 7. Yellow 8. Hand 9. Beluga 10. Paula Yates 11. Harrison Ford 12. Gluhwein 13. Argentina 14. White 15. Charles Dickens 16. Mickey Blue Eyes 17. Crème de cassis 18. Mali 19. Ginger Baker 20. Our Friends in the North

Across: 1 Napoli, 4 Melanie, 9 Motorcade, 10 Corgi, 11 Siren, 12 Hiroshima, 13 Sceptre, 15 Ernest, 17 Liners, 19 Nicosia, 22 Thesaurus, 24 Aspic, 26 Acorn, 27 Primitive, 28 Amadeus, 29 Medley.

Down: 1 Nemesis, 2 Peter, 3 Lorgnette, 4 McEnroe, 5 Lochs, 6 Narcissus, 7 Elijah, 8 Daphne, 14 Emile Zola, 16 Nectarine, 18 Seraphs, 19 Nesbit, 20 Archery, 21 Ottawa, 23 Annie, 25 Phial.

1 In Greek myth, the goddess of divine retribution (7) 2 ______ Rabbit, a popular Beatrix Potter character (5) 3 A pair of eyeglasses mounted on a long handle (9) 4 John ______, tennis player nicknamed Superbrat (7) 5 Scottish lakes (5) 6 Mythical youth who fell in love with his own reflection (9) 7 Hebrew prophet taken up to heaven in a chariot of fire (6) 8 Role played by Jane Leeves in the TV series “Frasier” (6) 14 French novelist, author of “Nana” and “Germinal” (5,4) 16 A variety of peach with a thin smooth skin and firm flesh (9) 18 Angels often depicted as winged heads of children (7) 19 Edith ______, author of “The Railway Children” (6) 20 Sport practised by toxophilites (7) 21 The capital of Canada (6) 23 ______ Oakley, markswoman and performer with Buffalo Bill’s Wild West Show (5) 25 A small glass bottle, especially for liquid medicine (5)

G R A N D S L A M A L Y L A D E R W O S

(c) Daily Sudoku Ltd 2011. All rights reserved.

1 Italian name for the city we call Naples (6) 4 Singer who had a hit with “Brand New Key” in 1972 (7) 9 A procession of cars or other vehicles (9) 10 Small short-legged breed of dog of Welsh origin (5) 11 A dangerously fascinating woman (5) 12 Japanese city devastated by an atomic bomb in 1945 (9) 13 Ceremonial staff held by a monarch as a symbol of authority (7) 15 Forename of the novelist Hemingway (6) 17 Ocean-going passenger ships (6) 19 The capital of Cyprus (7) 22 A book that lists words in groups of synonyms and related concepts (9) 24 Savoury jelly based on fish or meat stock (5) 26 The fruit of the oak (5) 27 An untutored painter with a direct naive style (9) 28 1984 film about the rivalry between the composers Salieri and Mozart (7) 29 A collection of musical items from one work or various sources arranged as a continuous whole (6)

Down

T D L O R U O Y B E N E A Y R F E H R I

(c) Daily Sudoku Ltd 2011. All rights reserved.

Across

N A N D Y M U R R A Y M A G R C C R I R

Daily Sudoku: Mon 11-Jul-2011

ANSWERS

I A Y E O W J T R E V O T F U L A L G E

5 8 7 1 9 6 3 2 4

O S A L I Y A I Y N A B E E A U T G U N

4 1 2 3 7 5 8 6 9 3 6 9 4 8 2 1 5 7

P Y D B O B Y M E E K A D M K R V O L S

7 4 6 5 1 3 9 8 2 9 5 3 2 6 8 7 4 1

K I K M I T O P S E E D Q D B C B C G I

8 2 1 9 4 7 6 3 5 6 9 5 8 2 1 4 7 3

A N B I I W O R K F L S F B T E A V O N

1. Croatian 2. Rector 3. Strict 4. Emergent 5. Ricochet 6. Brat 7. Target 8. Sprint 9. Manifest 10. Amoral 11. Terror 12. Entice 13. Capacity 14. Adhere 15. Static 16. Minister 17. Hamper Word not in grid: Manifest

E R O W L S R E R E D E F R E G O R L H

medium

R Z A B U S H A J L O S R C O N T D L O

Love Djokovic Murray Mound Andy Roddick Ace Rafael Nadal Williams Sisters Kim Clijsters Match Point Grand Slam

2 7 4 6 3 9 5 1 8 1 3 8 7 5 4 2 9 6

B H E N M A N H I L L Z I A A E D H G J

Break Point Henman Hill John Isner US Open Roger Federer Racket Wimbledon Top Seed Deuce Andy Murray Masters Balls

Daily Sudoku: Mon 11-Jul-2011



Tennis

http://www.dailysudoku.com/

General Knowledge Crossword

Don’t Rot On Recall!

Parole Reviews Licence Recall Categorisation Transfers Lifer Panels Criminal Defence and Appeals

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LONDON OFFICE LONDON OFFICE:

646-648 High RoadLeytonstone, Leytonstone, London, E11E11 3AA 3AA 646-648 High Road London, This Firm is aThis Member THEofSPECIALIST PANEL Firm is a of Member THE SPECIALIST FRAUD FRAUD PANEL Regulated by the Solicitors Regulatory Authority Regulated by the Solicitors Regulatory Authority

August-2011.pdf

A year later I'm still writing them - I even wrote on Christmas Day and New Years Day - and I've just. posted my 52nd letter! In case you are wondering, NO, ...

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