insidetime the National Newspaper for Prisoners
A MERRY CHRISTMAS to all our readers
A ‘not for profit’ publication / Circulation 46,000 (monthly) / Issue No. 114 / December 2008
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Independent review of prison work accuses Prison Service of incompetence When the Howard League for Penal Reform was founded in 1866 one of its main concerns at the time was ‘the poverty of prison work’. One hundred and forty years later the Charity launched an experiment of real work in prison for real pay that trains long-term prisoners. Eric McGraw reports on why this radical work initiative is now being closed down introduction of the ‘core day’ meant that hours in the Studio were cut, making it simply not feasible to run the business. Responding to the closure Frances Crook, Director of the Howard League for Penal Reform, told Inside Time: ‘The record prison population includes 30,000 adult men serving sentences of more than 4 years. They spend all day pottering about aimlessly at the taxpayer’s expense.’
Employees at the ‘Barbed’ design studio as featured in Inside Time February 2007 n 2005 the Howard League for Penal Reform set-up ‘Barbed’ a graphic design studio at Coldingley (industrial) Prison in Surrey and ran it as a proper business.
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All ‘Barbed’ employees (11 to date) are paid a starting salary of £8,880 a year (minimum wage) for working a 32 hour week. And 30% of their wages are put into a special fund to support their families and save for their release. The Studio operates to the same professional standards as other graphic design studios and has more than 40 business clients including a primary health trust, a number of major law firms and the Parole Board. So why, 3 years on, is ‘Barbed’ closing at the
end of the year? An independent Review undertaken by Professor Penny Green of Kings College London concluded: “the prison authorities at Coldingley have, in reality, acted to disrupt and thwart its productive success. It took a whole year to get a telephone installed, apparently more through a toxic mixture of incompetence and risk aversion inside than any deliberate policy to obstruct. Arbitrary and unannounced withdrawal of prisoners from the Studio have repeatedly affected the business.” The Studio was originally working a 32 hour week but is now doing only 24 hours, and even this is often reduced through random shut-downs. The Review describes how the
She added: ‘We believe that anyone sentenced to a long term of imprisonment…should be able to do a proper job, earn real money so they can support their families…I am convinced this would have public support.’ Government must put in place legislation in order to transform ‘the poverty of prison work’ - a transformation certainly needed in 1866 and most certainly needed today. ‘This will require total commitment on the part of the Prison Service, which to date is absent’, Professor Green said. Prisons Minister David Hanson issued a crass response. ‘I completely reject the claims made by the Howard League’, he said. ‘For a start, the closure of the scheme was a decision made by the Howard League because they couldn’t make it work.’ ■
Prison Work and Social Enterprise: The Story of Barbed is available from The Howard League for Penal Reform www.howardleague.org
Employees of Barbed say… “ When I come in here it’s like I’m away from the prison, it feels like a proper job - we have deadlines, it’s a very different environment, you feel relaxed ... ” (Mr B) “ I was earning well and I’d give money to my child’s mother ... I felt quite special actually - it was a good feeling; seeing him with a new pair of trainers on that I’d worked for. I’d also pay her travel when they’d come to visit. I didn’t feel so worthless I suppose, didn’t feel I was sponging all the time - I had a good sense of worth ” (Oscar) “ The good thing about the way this scheme is designed is that we could be self-employed one day even if we had trouble getting interviews because of our past ” (Mr B) “ It’s not only given us employment skills but real work - going through an interview process, sticking to deadlines, managing pay and holidays - all the things we’d be doing if we had a job outside. It makes me feel that we can realistically apply for a job on the outside ” (Barry)
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insidetime
a voice for prisoners since 1990 the national newspaper for prisoners published by Inside Time Limited, a wholly owned subsidiary of New Bridge, a charity founded in 1956 to create links between the offender and the community. Registered Office: 27a Medway Street, London SW1P 2BD
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ISSN 1743-7342
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Board of Directors
Trevor Grove - Former Editor Sunday Telegraph, Journalist, Writer and serving Magistrate. Eric McGraw - Former Director of New Bridge (1986 - 2002) and started Inside Time in 1990. Tony Pearson CBE - Former Deputy Director General of the Prison Service. John D Roberts - Former Company Chairman and Managing Director employing ex-offenders. Alistair H.E.Smith B.Sc F.C.A. - Chartered Accountant, Trustee and Treasurer of the New Bridge Foundation. Chris Thomas - Chief Executive, New Bridge Foundation
The Editorial Team
Rachel Billington Novelist and Journalist
John Bowers Writer and former prisoner
If you would like to contribute to Mailbag, please send your letters to ‘Mailbag’, Inside Time, PO Box 251, Hedge End, Hampshire SO30 4XJ.
Lining their grimy pockets
Making it up as they go along
The bus pass brigade
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DAVE DEVERS - HMP DURHAM
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JOHN MCFALL - HMP WOLDS
TREVINA WRIGHT - HMP SEND After reading the contribution from Jayne Richards in your October issue ‘They sold our souls’, which highlighted the story featured in The Sun portraying lifers at Holloway as bloodthirsty monsters, it really sickens me that any prison officer can be cultivated and in the same light vindictive by selling pictures of female prisoners who were simply trying, for a mere 60-90 minutes, to escape the harsh realism of being in prison. In general, prison officers try to act like butter wouldn’t melt in their mouths when in all honesty many are a different kind of predator, especially when it comes to selling stories to The Sun. Knowing that lifers have a hard enough time dealing with their crime from victims’ families, this so-called prison officer(s) from Holloway should be named and shamed. The paper of grime went as far as to involve Jayne’s son, who is probably still oblivious as to why he’s not with his mummy. What makes this even worse is that the victims’ families who picked up The Sun that day must have had a rush of pain as all the hurtful memories came flooding back. Was it worth it … considering the so-called ‘party’ in question happened three years ago?
Eric McGraw Author and Managing Editor
John Roberts Operations Director and Company Secretary
Correspondence Inside Time, P.O.Box 251, Hedge End, Hampshire SO30 4XJ. 01489 795945 01489 786495
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I’ve been asked by several fellow lifers here at HMP Wolds to raise the following issues through Inside Time. As I come under the Northern Ireland system regarding release and parole I’m appalled at recent events. Since July 2008, approximately twelve IPP and mandatory lifers have been knocked back/ refused either release or progressive moves to open conditions; this despite report writers, including personal officers and probation, recommending progressive moves. Each offender has been refused with a view to consolidating their skills; some of them are twice over tariff. When the lifer manager was asked about this, unsurprisingly she considered it to be ‘very unfair’. We had a visit from Prison Service Director General Phil Wheatley on 28 October and I raised a few serious issues concerning lifers here, particularly why the lifer clerk continues to mess up dossiers and forgets to send vital reports to the Parole Board. He said basically that HMP Wolds is a private prison … ‘with its own agenda and regime’. A warning to any IPP or lifer thinking of coming to HMP Wolds, expect to go well over tariff and do everything for yourself. The lure of freeview boxes and super enhanced status doesn’t rehabilitate anyone, nor does it get them to open conditions or release. A fundamental flaw that lingers at Wolds is there is no structure to the lifer team who, at times, appear to literally make it up as they go along and in the process play with peoples’ lives; men who have already paid their debt to society.
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Browsing through your November issue, I suddenly felt rather wounded to discover, after reading the contribution by Liz Davis from Age Concern, that I’m now a victim of ageism (being a sprightly 55 plus). Apparently there are some 7,000 prisoners nationally aged over 50. I’ve spent several days looking in mirrors at previously unseen wrinkles and creases ... I’m a wreck! I think I need moisturisers, hand cream, a wig and Zimmer frame! My creative genes really kicked in when I saw one of the groups mentioned were called ‘ACES’ (Age Concern Executive Seniors), this sounds like one of the gangs from the film West Side Story, similar to Benny and the Jets! I can imagine a few of the young teams in prison calling out: “Here come the ACES”, followed by some of the bus pass brigade approaching with walking sticks and Zimmers at the ready! Don’t get me wrong, I’m certainly not knocking the Age Concern project in any way, and firmly believe it has a lot of merit and should be expanded, however it did make me realize that I’m perceived to be ‘old’ by the population in general and also by prison staff. I much prefer the term ‘mature’ prisoner ... being ‘old’ is a bit of a handicap whereas being mature sounds much better. I think I get respect from other prisoners through humour and ‘thinking young’ ... mind you, I’ve just had yet another look in the mirror and the hair in my ears is growing faster than on my head (what’s left of it). Liz Davis mentions groups at two prisons offering games and perhaps these should include a weekly whist-drive, bingo, and what about good old ‘hide and seek’… we could invite staff to join in because some of them are pretty good at hiding! And how about our winter heating allowance? Finally, not all mature prisoners are grumpy old gits and in my case I’m compiling a book on prison humour and would welcome any contributions. Write to: Dave Devers VT6459, HMP Durham, Old Elvet, Durham DH1 3HU.
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Insidetime December 2008 www.insidetime.org
Star Letter of the Month ......................................................... Congratulations to Steve Wells who wins our £25 cash prize for this month’s Star Letter.
Where ignorance is bliss ..................................................... STEVE WELLS - HMP LINCOLN Having returned to custody following four years of civilian life, I would like your readers to share an insight to the differing worlds I have found. I left prison life confident and motivated, armed with a wealth of training, education and certificates gained during my time in custody. I was fast- tracked to the ‘new deal’ system at the Jobcentre and soon added even more certificates and qualifications to my CV. However, three years on I found myself still unemployed and rarely managed to get an interview. I put it down to the fact
If you would like to contribute to Mailbag, please send your letters to ‘Mailbag’, Inside Time, PO Box 251, Hedge End, Hampshire SO30 4XJ.
that I had ticked the box on application forms regarding criminal convictions. My qualifications are rendered, so it would seem, worthless pieces of paper once the disclosure has been made. Furthermore, to add insult to injury, I was seriously assaulted and spent over a week in hospital with severe head injuries. The police convicted those responsible and Victim Support advised that I should be entitled to compensation. They submitted the claim, which was rejected, along with appeals, by the CICA who claimed that I was not entitled as I had a criminal record! I hear of inmates claiming compensation for assaults whilst in custody yet I could not claim as an innocent civilian. The confident and motivated man who left prison was long gone. Falling foul of the law for a minor offence, four years since release, I find myself once again in the prison system on remand. Within a week I have been assigned a work placement; something I have been unable to achieve in the last four years. I have been visited by the education office to enrol me on courses to ‘aid my chances of employment on release’ - hopefully they will have forgiven me for declining their kind invitation. Perhaps Chuang Zhuangzi knew exactly what he was talking about when he said: “Real knowledge is to know the extent of one’s ignorance.”
Protein powder affecting drug tests ............................................................................................................ GEOFF CARTER - HMP HEWELL Can any of your readers let me know of factual cases where protein powder has altered the outcome of an MDT? The reason for this request is due to the powers that be here at HMP Hewell deciding to stop us having protein powder. Apparently it alters drug tests! The three jails in this area amalgamated about four months ago. We rather expected teething problems and heavy-handed security spins; whilst more frequent bang-up and Mickey Mouse reasons for ‘D’ cat knock-backs have been accepted with wry smiles. But to mess with the gym is beyond the pale! In the 20 months I have been here I have watched the gym become transformed from a room about the size of a bus stop to one of the best I’ve ever trained in. We have regular competitions and it’s great to see 20 or 30 lads cheering each other on. I’m the gym orderly and there is never ever any trouble and we respect each other. Yet this past week, at least 20 concerned lads have asked me about the protein powder situation. I have submitted two applications to the relevant departments; however in all probability they will be answered around January 2009, if at all. People are starting to blank gym and I can see their point; why lift weights if you can’t put the protein inside your body? Healthy body, healthy mind, is the saying. If they stop the protein for what appears to be a bullshit reason then this saying is more apt: ‘the devil makes work for idle hands’. Write to: Geoff Carter JB7624, HMP Hewell, Hewell Lane, Redditch, Worcs. B97 6QS.
Painful secrets ..................................................... PETER GARSDEN - ABNEY GARSDEN MCDONALD SOLICITORS I read with interest the two articles that referred to alleged false allegations of historic child abuse in the November issue of Inside Time; next to our firm’s advert for compensation for the survivors of childhood abuse. Whilst the positioning of the articles was obviously a coincidence, it might have evoked angry or dispirited feelings in those genuine victims of abuse. Child abuse is, by its nature, a highly secretive activity occurring in closed surroundings between a trusted adult and a vulnerable child, which usually remains hidden for many years because of the fear surrounding disclosure. The victim often feels they will not be believed, or is too ashamed of what happened, or is scared of their family’s reaction to have the courage to come forward. Usually those who do have the courage to reveal what happened to them spend many agonising months summoning up the courage to even write to our firm.
Whilst comments regarding false allegations obviously have a very important place in any publication, throw-away remarks in the article by Peter Byard such as … “If you and a friend want to make a few thousand in compensation, just make an accusation of abuse against one of your old schoolteachers from twenty-five years ago. How can they actually prove it didn’t happen?” only serve to either insult the very genuine victim of abuse and discourage them from disclosing, or encourage the dishonest person to hatch ideas. There are many checks and balances in both the criminal and civil systems to ensure that false allegations are identified. We have been specialising in this type of work for many years. We witness on a regular basis the very genuine reactions to disclosure of abuse (when the victim lowers their head when hurting inside, cries openly, or simply cannot continue, so painful are the memories). The allegations have to match the records, and the client has to be examined by a highly experienced psychologist or psychiatrist, who carries out psychometric tests that contain validity assessment techniques.
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Contents Mailbag ........................ pages 2-9 Newsround .............. pages 10-15 ●
Month by Month ............ page 16 Education ......................... page 17 Inside Health .................. page 18 Comment ................. pages 19-27
Votes for prisoners: time for action not words - John Hirst ..................................... page 21
Factories of repression John Bowden ..................................... page 23
Short stories ............ pages 28-31
So to suggest that making false allegations is now commonplace or easy is a myth, which can only frustrate the genuine victim from speaking their truth, and starting the healing process.
GANS & CO
Lags and Wags Christmas Special ................................ pages 30-31
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Legal Comment ... pages 32-34 Legal Advice .................... page 35 Legal Q&A .............. pages 36-37 Book Reviews ......... pages 38-39 Inside Poetry .......... pages 40-41 Jailbreak .................. pages 42-44
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Mailbag
If you would like to contribute to Mailbag, please send your letters to ‘Mailbag’, Inside Time, PO Box 251, Hedge End, Hampshire SO30 4XJ.
Positive discrimination ..................................................... PAUL JOHN - HMP WAKEFIELD
‘Masters of the Universe’
I read with interest the letter in your October issue entitled ‘Misguided Information’ by Farhad Ibrahim whereby he commented on an earlier contribution stating that foreign national prisoners receive £3,000 upon release and duly offered enlightenment.
........................................................................... GERARD MCGRATH BA HONS - HMP HAVERIGG Back in September, Inside Time published a contribution of mine entitled 'The Neglected Addict' wherein I sought to highlight the fact that the Prison Service does not facilitate addicted gamblers the opportunity to address compulsive gambling. It remains my opinion that addicted gambling is a serious matter. In recent times, news programmes have regaled us with the fact that the economies of many countries are in a state of turmoil and collapse – mainly due to the unbounded avarice and gross ineptitude of bankers; euphemistically referred to as 'Masters of the Universe' and latterly, by yours truly at least, as city slickers, ‘spivs’. So could it possibly be that 'gamblers', ever vilified for fiscal recklessness, should now be lauded as responsible souls compared to the so-called ‘Masters of the Universe’ who have reduced most western economies to penury? For pro-social gamblers, matters are reliably predictable; a few wagers are lost and some are won. Not for gamblers panic stricken pleas to the Treasury begging for inside information as to which shares are safe, or forgoing purchasing comestibles in Marks & Spencers in favour of Aldi or Lidl.
Whilst I agree there should be accurate information regarding the money prisoners are able to receive, I do think that perhaps he has missed the whole point. Most prisoners do not begrudge foreign nationals being able to get money to help with their release, I know I don't, but what I do feel is extremely unfair is the manner in which it is currently done.
Chancing ones luck for a quick return can be fun, and there are methods of gambling that make far more sense than toxic loans and short-selling. For example, no sensible gambler would countenance a seven horse accumulator bet. To be succinct, a sensible gambler does not bet on every race; the stake is varied taking cognizance of as many factors as possible which might influence the outcome of any given race. The golden rule is that, save for one inevitability, there are no ‘dead-certs' in life; one has to be prudent and diligent, as matters can go pear-shaped in rapid order; witness the collapse of Lehmans Bank, Bradford & Bingley et al. Proof positive, were it needed, that life really is a gamble and even the ‘Masters of the Universe’ are essentially inept ‘chancers’ who back losers to devastating effect. How the mighty are indeed fallen.
How on earth can it be fair, not to mention legal, for one prisoner to be treated differently purely because of where they come from? If black prisoners didn't receive the money but white prisoners did, can you imagine the uproar? There would be riots almost daily and the prison service would be taken to court so fast its collective feet wouldn't touch ... so isn't the granting of this money to foreign nationals on release a clear case of positive discrimination? How can it not be discrimination for one class of prisoner to receive a £47 discharge grant while another can get up to £3,000? No, the £3,000 isn't given in a lump sum, but it is still given.
They have proved themselves to be irrational, uncontrolled, seemingly addicted, compulsive gamblers; fuelled by avarice and sustained by arrogance. The aftermath of what they have done, their fiscal recklessness, will have profound adverse consequences for the present generation and for my grandchildren in decades to come.
I am not saying this money should stop, far from it, I know just how much this money would help any prisoner upon release. All I am asking is that all prisoners be treated the same. If you would like to contribute to Mailbag, please send your letters (concise and clearly marked) to ‘Mailbag’, Inside Time, PO Box 251, Hedge End, Hampshire SO30 4XJ. Please note letters for publication may be edited. 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.
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Insidetime December 2008 www.insidetime.org
Tabloid regurgitation
................................................... ABU DIRÁ - HMP WHITEMOOR I write in response to Dennis Jones’ rant, published in your October issue. Mr Jones seems to have a ‘bee in his bonnet’ about asylum seekers, the benefit system and terrorism, which he then rolls into one somewhat disjointed package. Firstly, allow me to point out that everyone is presumed innocent until proven guilty and a substantial proportion of the individuals Mr Jones alludes to have yet to be found guilty of their alleged offences. Secondly, his choice of terminology leaves a lot to be desired, i.e. ‘creeping from one stinking cave to another’. I doubt very much that Mr Jones has bothered to undertake any survey of the Afghan cave systems. By all accounts they are quite pleasant, furnished with state of the art satellite phones, modem equipped laptops etc. His uninformed comments about ‘million pound houses, abundance of benefits and great healthcare’ are nothing more than tabloid regurgitation. The very same tabloids that call for Mr Jones’ cell key to be thrown away! And for the record Mr Jones, why is Afghanistan war-torn? Could it be because of the millions of tons of munitions the government has been dropping on its entire population merely because they refused to extradite one man? Yes Mr Jones, I am a Muslim and yes, I’m a revert (convert) and have witnessed the positive effects of Islam within the penal system; far less drug use, far less alcohol consumption, less inmate on inmate violence, less bullying. I am glad my glass is half full whilst Mr Jones seems to be lamenting his being half empty.
................................................... ANDREW DUNCAN - HMP WANDSWORTH
In his October issue contribution, in which he suggests Osama Bin Laden be made welcome in the UK, Dennis Jones had his bit of fun. However on a far more serious level, he seems to have overlooked the fact that the Immigration Services and Home Office have made many harsh judgements on people whose families have been killed or become part of the legions their countries have made ‘disappear’. I would ask him to reflect on the persecution the late Idi Amin exacted on the Asians in his land, or that which Mugabe is still doing to those who legitimately oppose his brutal regime; or all those other countries which would not give Dennis Jones a voice.
Insidetime December 2008 www.insidetime.org
The road to recovery ..................................................... MICHAEL FENDLEY HMP KILMARNOCK Over the past couple of years Kilmarnock Prison here in Scotland has had a lot of bad publicity. I have only been in this establishment for four months, however have come to learn that the custody officers are 100% dedicated to their job, and if it was not for their professional conduct, I would not be writing this letter. I tried to commit suicide and instead of just leaving me in a suicide cell, they talked to me and got me the treatment I needed. I cannot begin to thank all the HMP Kilmarnock staff, from custody officers to psychologists, and also for not judging me like most people would have done. I am slowly on the road to recovery. Just because you read in the papers that Kilmarnock (or any other prison for that matter) is labelled a ‘bad’ prison you should not necessarily take this at face value, because if it was not for this prison and their constant support and guidance, I would not have begun the treatment that I have clearly needed for some time.
If you would like to contribute to Mailbag, please send your letters to ‘Mailbag’, Inside Time, PO Box 251, Hedge End, Hampshire SO30 4XJ.
GEORGE ROBINSON HMP ACKLINGTON
Mailbag
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Earnings after progressive move .........................................................................................................
I feel compelled to comment on the contribution from A C Roberts in Wymott in your November issue; where on earth does he get the notion from that Darren ‘Dora’ Wheatley is suffering from Stockholm Syndrome?
GERARD NELSON - HMP FRANKLAND
I know Darren as we were both orderlies in the same building, and I know exactly why he poured praise on certain members of staff from the OMU department here at Acklington (September issue). It was because these highly professional and dedicated people resolved issues for Darren that were escalating out of control and he did what any civilised person would do; through the columns of Inside Time he expressed his appreciation.
➜ The Prison Service writes: Policy guidance was sought from Safer Custody & Offender
I have been in prison since 2003 and have encountered my fair share of obnoxious and self-opinionated prison officers who strut about the place like little tin gods, however I have also had the privilege of knowing and receiving enormous support from decent, professional officers in Frankland, Durham and Acklington - officers who not only perform their duties properly but have managed to retain their humanity. Bob Woffinden writes page 32
I seek clarification relating to the amount of average earnings a prisoner should be paid upon transfer as a ‘progressive move’, and why this is not in line with the amount paid whilst on accumulated visits.
Policy Group about this and under the terms of Prison Service Order 4460, prisoners’ pay is a devolved responsibility. The PSO sets out minimum rates of pay, but Governors must devise their own pay schemes and rates of pay that reflect the priorities of the regime of the particular establishment. Prisoners who are transferred on accumulated visits do so for only a temporary period, and there is an expectation that they will be returned to their sending establishment, which is the reason they may be paid at the rate they were receiving prior to transfer, or at the rate appropriate to the activity they are employed as after transfer, whichever is higher. Prisoners who are transferred on a permanent basis will receive no less than the minimum employed rate from the first two weeks at their establishment. After two weeks, the prisoner must either continue to receive their new standard rate of pay, appropriate to the activity they are employed as, or be placed on the unemployed rate of pay if there is no work available.
.................................................................................................................. NAME SUPPLIED - HMP LEEDS I am currently on remand and have been informed that I have to work or I will not be entitled to any pay (£2.50p per week). I was under the impression that remand prisoners did not have to work, as in the eyes of the law they are ‘innocent until proven guilty’.
➜ The Prison Service writes: Prison Service Order 4460 advises that remand prisoners
Free prescriptions ....................................... RICHARD GARNER - HMP PARC
can choose to work if they wish to do so and are entitled to be paid at the same rate as convicted prisoners. However, prisoners who are on remand cannot be ordered to work and would not face disciplinary action if they refused, unlike convicted prisoners. The PSO also states that if remand prisoners do not work they should not receive payment. Prisoners are eligible for unemployment pay if they are willing to work but the establishment cannot find suitable employment.
My complaint is to do with the fact that prisoners here at Parc have to pay for a lot of healthcare products. These include things like eardrops, cough medicine, shampoo and other lotions and potions for people who have a genuine skin complaint; also the extortionate price of non-smoking patches. Now I may be wrong but do we, as prisoners, still have the right to NHS treatment and funding - especially where a prescription is required? I’m sure that a no-smoking prescription is part of the NHS set-up because they seem to go on about it on the TV and on posters displayed around the prison.
End of Custody Licence eligibility
Parc is located in south Wales where, in 2007, the Government declared that all prescriptions would be free to NHS patients. Apparently you go to the doctors, explain your ailment(s), and are given a prescription to take to the chemist and pick up your medicine. So why are prisoners excluded from free treatment and prescriptions?
➜ The National Offender Management Service writes: Full details of the ECL
➜ The National Offender Management Service writes: The Healthcare Unit at Parc prison has a 24 hour full facility with in-patient access. Full primary care services are run and available on a daily basis. Prisoners do not have to pay for any prescribed medication. However, non-routine treatment usually has to be purchased by the prisoner at his own cost. The only exception to this would be for prisoners who have a 'chronic disease' and would qualify for free non-routine treatment.
......................................................................................................... MARK WALES - HMP LEEDS Can Inside Time provide details of the 18 day End of Custody Licence Scheme and who prisoners should apply to in order to be considered? Secondly, in connection with the recent loss of prisoner data, I am very concerned about this matter and intend seeing a solicitor with regard to claiming compensation. Can the Prison Service tell me how prisoners make enquiries relating to data about themselves involved in the loss?
scheme, and the eligibility criteria, are set out in PSI 42/2007 which is available to prisoners in all prison libraries. Prisoners do not have to apply for ECL; all eligible prisoners will be offered release, subject to a suitable release address. Mr Wales is also concerned about the loss of prisoner data and can ask prison staff to check with the Home Office whether any data about him was involved in the loss. In a Written Ministerial Statement on 10 September 2008, the Home Secretary reported that, following an investigation, the risk to individual prisoners was low.
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Mailbag
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Where’s the integrity? .................................................................. FRANK MCVEY - HMP DUMFRIES I refer to John Allen’s well researched and well written exposé Noble Cause Corruption (Inside Time October issue) in which my attention focused on the statement made by the late Lord Denning: ‘It is better that some innocent men remain in jail than the integrity of the English judicial system be impugned’. Since it would appear that there was no rush from other Law Lords to dissociate themselves from Lord Denning’s statement, one is left to assume that they were unconcerned about it. In the light of the above mentioned statement, one can well imagine the message sent out to some of those awaiting the difficult appeal process. Lord Denning might as well have directed the attention of worried appellants to the sign above Dante’s gates of hell: ‘Abandon hope all ye who enter here’. The use of the word ‘integrity’ in Lord Denning’s cold-hearted statement doesn’t seem to make sense; for there is no integrity - strong moral principle - in condoning the wrongful imprisonment of another human being, not to mention the attendant, unpleasant ramifications associated with such loss of freedom.
Left pondering on why I hadn’t heard any cries of outrage from either the tabloids or MPs over Lord Denning’s irresponsible statement, I remembered a letter I received from the Justice Minister who was then Cathy Jamieson. I had written to her asking that she look into a serious miscarriage of justice - here is her reply: ‘The independence of the Judiciary is a fundamental principle of the Scottish Legal System and ministers must respect that. I advise that you should consult a solicitor’. Therein lies the rub. There was no outcry because the Judiciary is virtually untouchable. Lord Denning could, with impunity, put his fingers to his nose at all of us. The fuse is still burning on a bomb that Lord Denning has lit, yet no one is rushing to do anything.
.......................................................................... JOHN ALLEN - HMP GARTREE Those of you who read my article ‘Noble Cause Corruption’ will no doubt have been as incensed as I was by Lord Denning's quote. Thank goodness therefore for the retiring chairman of the Criminal Cases Review Commission, Professor Graham Zellick, who argues … "It is far better that 10 guilty men go free than one innocent man is wrongly convicted".
In poor taste
Lie detector tests
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JOHN GILBERT - HMP BIRMINGHAM
G ATKINS - HMP ALBANY
I write with regard to an item in your October issue where, in the ‘Jailbreak’ section, you printed what I consider to be a tasteless ‘joke’ about Liverpool. I understand a joke’s a joke, but I’m a born Scouser and to be honest it made me utterly sick.
As from April 2009, the Ministry of Justice is to introduce compulsory lie detector tests, for a 3 year trial period, for offenders of sex crimes who are due for release.
Every city in England has its problems with crime and Liverpool is no different to anywhere else in this respect; however Liverpool has gone from strength to strength in the past 20 years; even to the point where it is the 2008 City of Culture. Give the city some credit and don’t print ‘jokes’ about robbing, gang rape and hijack. The main thing was mixing it in with football, of which the city is understandably very proud. To associate the city with these things is offensive and regional discrimination is wrong. Liverpool is a proud city and has proud people … of which I am one. * Interestingly the item referred to was sent to us by a reader from Liverpool.
Whilst I strongly agree that stringent monitoring and supervision is required for certain offenders, surely this proposal is clutching at straws or even an attempt to attract votes for an ailing Government. A lie detector test is not deemed 100% reliable and in fact they said it would not be used in evidence to prove or disprove an offender’s motives or guilt. The authorities who monitor and supervise released sex offenders are already overworked and stretched to breaking point, therefore this so-called ‘aid’ would surely be adding to their workload? Does this mean the Ministry of Justice no longer has faith in psychology or programmes that are completed to rehabilitate and reduce re-offending? Furthermore, the latest re-offending figures produced by the government show that sex offenders were in the minority compared to other crimes. Yet the ‘hype’ continues, with the masses once again being stirred into frenzy by the gutter press. I would not object to a voluntary test as this would probably disprove some of my charges, however I wasn’t allowed one back in 2005 upon being arrested, so what has changed?
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Of course there are some of us who might wish he had been more pro-active during his time in office - nevertheless it is encouraging to learn that he now advocates the CCRC accept a wider selection of cases. Back before the millennium it seemed that known police misconduct was confined to a few 'rogue' forces e.g. West Midlands police, however it seems to me that the problem is now far more widespread and many forces have their share of rogue officers prepared to manipulate and even manufacture evidence to support a successful prosecution. Several residents here at Gartree have approached me with their own horror stories of police impropriety and I have already received correspondence on the subject. In order to try to gauge the extent of noble cause corruption at the present time, I invite readers of Inside Time who have a genuine grievance - one that can be corroborated - to drop me a line with the details. If you would like a reply, a stamped addressed envelope would be appreciated. If I get sufficient replies, I will endeavour to interest a campaigning journalist in the topic. Write to: John Allen FE8732, HMP Gartree, Gallow Field Road, Market Harborough, Leics. LE16 7RP.
➜ The National Offender Management Service writes: With regard to Mr Atkins query about the reliance of Lie Detector tests, the polygraph is not to establish guilt or innocence; it is intended to be used as one part of supervision of offenders on licence to identify a number of risk factors and these will be specific to the individual. Reference his point on the reliability of polygraphs. We are piloting this provision before deciding whether to introduce it nationally. The pilot will help us determine whether polygraphy is a reliable tool to support effective management of sex offenders in the community. The lie detector will provide information which would not normally be disclosed to an offender manager. He mentions that staff who monitor sex offenders already have substantial demands on their time and that the polygraph will be a further addition. The pilots will be subject to independent evaluation and part of the evaluation of the polygraph pilot will consider the views of probation staff so we can make an informed judgement about whether or not they consider it to be an aid to supervision. We would like to reassure Mr Atkins that there is no intention that polygraphy will replace other interventions such as accredited programmes. It is intended to be used in addition to these interventions. Protection of the public and reducing re-offending are the first considerations of any intervention with sex offenders. All sex offenders will continue to receive interventions in line with their levels of risk and need. An offender will continue to have a management team who help design and support a programme that will help change their offending behaviour.
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The E-list ..................................................... WAYNE HOBELL - HMP WAKEFIELD
Living in a goldfish bowl
I received a search by the DST here at Wakefield who told me they were ‘looking for a mobile phone’ (they use that excuse all the time!) I had nothing to hide, so after a strip search went to work. On returning at dinner-time I was told that something had been discovered in my cell and I was taken to Segregation. After 3 days I was given a piece of paper informing me that a hole had been found behind the sink unit, which is riveted and has six security seals attached and is checked daily. I was then given a suit of blue and yellow and informed I was on the E-list.
..................................................... JAMES WILLOCK - HMP SWANSEA Having applied on a couple of occasions to be allowed to keep a goldfish in my cell, with nothing by way of a response, can Inside Time tell me if keeping a goldfish is permitted and if not, why?
➜ The National Offender Management Service writes: HMP
I have not been nicked for this offence and have written to the police asking them to investigate. However they tell me it’s nothing to do with them. I’ve put in so many complaints I’ve used a small tree, asking what they are accusing me of, but all I get in response is: ‘it’s being investigated’. No straightforward answers. So what I need to know is: 1. Can the prison place me on the E-list without any evidence? 2. How do I get to see ‘evidence’ gathered? I’ve tried the Ministry of Justice route, and security has refused to release it as it has no personal details. 3. How long can I be kept in the E-list suit?
Drinking with bears! ..................................................... CONRAD ASQUITH - HMP RISLEY
Swansea has a policy where no prisoner is allowed any animal. As a busy local prison with a large churn of prisoners, all cells are shared by two prisoners. Some prisoners might find a pet useful whilst in custody, however others who share with them may find it offensive or unacceptable. According to Prison Service Order 1250, one birdcage and one small bird are sometimes allowed in prison. If this is permitted, the prisoner is responsible for the care of the bird, including feeding, cleaning of the cage and any veterinary fees. However this is subject to Governor’s discretion, as they have to consider whether it is manageable and appropriate for local specific circumstances.
Has anyone else had experience of the E-list that has been unfair? If so I would appreciate any correspondence. Write to: Wayne Hobell JH6810, HMP Wakefield, Love Lane, Wakefield WF2 9AG.
➜ The National Offender Management Service writes: A system is in place to identify those prisoners who pose the highest risk of potential escape or who have successfully escaped or attempted to escape from lawful custody in the past. This is known as the Escape list or E-list. Prisoners placed on the E-list are required to wear distinctive clothing at all times. The decision to place a prisoner on the E-list will be a local decision based upon security intelligence or previous prison behaviour and must be reviewed every 28 days unless the prisoner is removed from the list sooner. If Mr Hobell wishes to appeal this decision then he should follow procedures laid down in PSO 2510.
Once upon a time, not too long ago, there were three wild bears that liked to drink, take drugs and fight for fun. Then one night, after a big family row, they all stormed off to go on the razz in town and ended up at different places. Mummy bear gets into a fight with a stranger in the pub, loses her temper, and smashes a bottle into his face. The police duly arrive, she is arrested and charged with Section 18 wounding; she pleads guilty and gets a two-year IPP sentence. This means that she will only be released when the Parole Board dictate, and we all know she has no chance whatsoever of completing accredited courses within two years, so will end up doing four in Cat C and two in Cat D, six in total. Just down the High Street, Daddy bear is in a foul mood and is carrying a knife. He too gets into an argument, pulls the knife and stabs a man. Gets arrested, charged with Section 18
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Finally, on the same night, there is a grown up Baby bear running around looking for a fight with Joe public. He sees two innocent people at the bus stop, picks up a broken bottle and attacks the pair for no reason other than they looked at him the wrong way. He gets arrested, pleads not guilty, but gets found guilty after a trial. The Judge says that he committed a terrible act - Section 18 x 2 on defenceless people and gives him four years for each offence, a total of eight years. The Judge says that the sentences are to run consecutively, which means that within nine months he will be in a Cat D with all the advantages and the most he will serve is two years.
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wounding and gets a four-year IPP. Because he gets a four-year IPP he gets a set date for Cat D after half the sentence - with or without doing the courses, which means that after 2 years and 3 months he will get all the benefits of a Cat D. It’s mad but true, the longer your tariff the less you do.
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Mailbag
PSO
watch PSO 4000 Incentives and Earned Privileges ..................................................... NINA REVELL - SAFER CUSTODY AND OFFENDER POLICY GROUP I am writing to clarify the position with regard to the article which was provided by John Hirst in November’s issue of Inside Time.
“
PSO 4000 comprises 3 parts. The first covers mandatory provisions; part two is general guidance; and section three deals with the policy of in-cell television. In the latter case, it states that in-cell television is a key earnable privilege, whereby the prisoner pays £1 per week to rent a 14-inch colour television. However, according to the Prison Service, those on Basic lose this privilege. A different view comes from the European Court of Human Rights in Herczegfalvy v.Austria (Application no. 10533/83). The Court held that it was a breach of human rights under Article 10 of the Convention to deny prisoners’ access to in-cell television, and the Court stipulated the removal of this right cannot be justified on grounds of punishment, treatment or administration reasons.
”
We do not consider that article 10 of the Convention requires that all prisoners be allowed access to in-cell television, and the judgment referred to by Mr Hirst - which involved unlawful denial of access to a wide range of information - cannot properly be interpreted as suggesting that it does.
➜ John Hirst writes: ‘According to Foulkes: "This (or any such advice) is of course only the Department's view of the law, not the law itself, and furthermore it is only its view of the law as at the date of the issue of the circular". The Department's view pre-dated the incorporation of the European Convention into the Human Rights Act (1998). NOMS has failed to
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ensure that its policy is compatible with the HRA. Now the ECtHR decision in Herczegfalvy v.Austria (Application no. 10533/83) must be implemented by the government. It is true that several issues were brought by Mr Herczegfalvy in his application, as Nina Revell points out. However, as you can see from the Court judgment, "38. Mr Herczegfalvy also claimed that he had been deprived of reading matter, radio and television for long periods during his detention, in particular from 15 January 1980 to the end of February of that year and from 27 December 1980; from 15 June 1981 there had been no television set in his cell or in the ward. He alleged that these measures had been taken for disciplinary purposes only". He alleged that this violated his human rights under Article 10 of the Convention guaranteeing freedom of information. From the judgment "The Court unanimously holds that there has been a violation of Article 10".
Legal correspondence ..................................................... PAUL SULLIVAN - LONDON Further to the excellent feature ‘PSO Watch’ by John Hirst in the November issue of Inside Time, may I just clarify a few points as there are special rules relating to Legal and Confidential Access Correspondence contained within PSO 4400;.paragraph 2 specifies what a privileged letter is, as follows: “Prison Rule 39 provides for correspondence between prisoners and their legal advisers (defined as solicitor, counsel or a clerk acting on behalf of either) or the courts, to be treated as privileged. This means that such correspondence must not be opened, read or stopped, except in special circumstances …” Rule 39 mail should be clearly marked ‘Rule 39’ or in YOIs ‘Legal Correspondence’. These letters are sealed by the prisoner before posting and do not have to be inspected or otherwise interfered with by prison staff first. Incoming mail must be given to the prisoner unopened and, again, the prisoner does not have to open it in front of a warder or show him the contents unless the letter has been stopped by the Governor: who must have good evidence that either the letter is not covered by Rule 39 or that it contains illicit enclosures.
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There is another classification of correspondence called ‘Confidential Access’ which applies to all letters to or from the following; Legal Advisers, Courts, Bar Council, Law Society, Official Solicitor, Criminal Cases Review Commission (CCRC), Parliamentary Commissioner for Administration (PCA), Samaritans, Office for the Supervision of Solicitors (OSS), NHS Ombudsman, Office of the Legal Services Ombudsman, Prisons and Probation Ombudsman, Commission for Racial Equality and the Prisoner’s own Member of Parliament (addressed to the House of Commons). Confidential Access letters are treated exactly the same as Rule 39 but should be marked ‘Confidential Access’ not ‘Rule 39’. Postage on prisoner’s letters to the Prisons Ombudsman is paid for by the prison and should be marked ‘Confidential Access’ and sealed, but does not need a stamp. I hope this clarifies, for once and for all, the exact position regarding such correspondence. Governors have been warned by Prison Service HQ (IG 113/1995) that any breaches of the guideline, even if accidental, are likely to end in a court action. It follows that any telephone conversation to any of the above is covered by the same rules and may not be listened to or recorded.
No compensation for loss When I took the Prisoners Access to the Media by Phone Case to the High Court, the Department had argued that not only was I wrong with my view of the law, they also claimed that Standing Order 5 overruled the Human Rights Act (1998). Mr Justice Elias ruled in my favour. Moreover, I also included a claim that prisoners were entitled under Article 11 of The Convention to form an association/ union. I won that point as well. My advice is, for the avoidance of any doubt, that any prisoner who has been denied access to in-cell TV, to get in touch with a solicitor and seek a declaration in the High Court that PSO 4000 is incompatible with the HRA 1998. It may also be worth arguing that the £1 charge is unlawful and it could be that the Department has to repay the money deducted from prisoners’ wages.’
................................................................................................................. G KENYON - HMP DOVEGATE Reference the letter in your September issue by Keith Rose (Game Over), I put in a request to the library for chapter 24 of PSO 7500 only to be informed that said PSO is for finance employees and covers accounting methods, and there is in fact no chapter 24; therefore a degree of enlightenment would be appreciated!
➜ The National Offender Management Service writes: Staff in the library were correct insofar as PSO 7500 has only 19 chapters. The relevant information can be found in that PSO, however, and the chapter Mr Rose wishes readers to refer to is actually chapter 5 - Losses and Special Payments. The new policy on games and games consoles is outlined in PSI 32/2008: Restricting Prisoner Access to Games Consoles/Games. Implementation of this policy will not require prison governors to offer compensation for any perceived loss. Games confiscated will be placed in prisoners’ stored property and will be returned to them upon release. Alternatively, prisoners have the option to send these games out to friends or family.
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who qualify do so because they have stood the test of time. What is bizarre is that everyone can go out on 20th December, some 5 days before Christmas Day, and 27th December, 2 days after Xmas Day … but not the 25th. Odd don't you think?
Preferential treatment? ..................................................... PRISONER’S RELATIVE - LONDON On behalf of a family member currently resident in HMP Blantyre House, can I ask the Prison Service to comment on the following: Xmas and Boxing Day (day) releases have been stopped, although under the previous management they were allowed (8am-8pm) as long as the prisoner provided details of his travel arrangements and who was collecting him and bringing him back to the prison. Prisoners have been told that it’s because of public perception and victims’ views, yet the day releases or town visits as they know them are still allowed for Saturdays 20th and 27th December. ‘Public perception and victim issues’? Prisoners who are eligible for home leaves will be going for 5 days over Xmas including Xmas Day and they include lifers convicted of murder. It is simply that the Governor does not want day trips out on Xmas Day or Boxing Day for those who are only eligible for town visits or just single days out. This in spite of the fact that on 30 September, the Governor allowed 6 Muslim prisoners to go to London to visit family etc. and take part in religious festivities; not only that, the prison provided them with travel warrants. The IMB have not been back to my family member, or anyone else, and it seems the Governor is adamant, no matter what, that those prisoners not on home leave will remain in prison. I wonder if the public perception would be that Blantyre House management favour Muslim prisoners over Christians, whose one special day of the year, and that which symbolises family unity, is Christmas Day? My family member will be in for Christmas Day and home leave for 5 days over the New Year period, unlike last year when he was picked up from the prison on Christmas and Boxing Day and taken back and then went on home leave over the New Year. There is apparently a lot of bad feeling in Blantyre House, as those going on home leave are seen as being given special treatment, which is not so. Those like my family member
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As for victim issues, this is debatable; why should victims know that prisoners are out at any time; whether it be paid work, town visits, home leave, voluntary work or whatever? Some of the more religious prisoners apparently feel that Muslims have been given preferential treatment, yet cannot complain because of being seen as ‘attacking’ their religion; which of course it isn't. It's the Governor's reasoning which is being criticised.
➜ Mr J Carmichael - Governor of Blantyre House writes: • There have been some high profile failures in the resettlement estate in recent months, including here at Blantyre House. This has resulted in adverse media coverage concerning prisoners being allowed out whilst serving sentences • Prison Service Headquarters are increasingly reluctant to endorse events which can be seen as prisoners taking part in some releases which might be viewed by the public as unacceptable whilst serving a sentence • Public perception at Christmas time is high in terms of what is perceived in relation to what goes on in prisons • Victim issues, whilst always being at the forefront of all we do, have raised awareness particularly at emotive times of the year, Christmas Day being one of those occasions. • The PSO asks that we ensure prisoners can be certain they can get back to the establishment by public transport, there is none on Christmas day. • There is no entitlement - it is a privilege to eligible prisoners under the resettlement PSO. Subsequent to this decision I have had representations from various quarters asking me to reconsider. While in the main the tone of these observations has been polite and convivial, there was a thread running through them that I was somehow denying prisoners their right to spend Christmas with their families; there is no right. Similarly the notion that I was favouring different groups of prisoners in terms of holy days of observations is also not true, and in terms of the ethos of this establishment is evident for all to see.
Fleecing prisoners’ families ..................................................... JACQUELINE M STANIFORTH SURREY So the huge revenues made by the Prison Service from prisoners' phone calls (£10 million per annum in publicly managed prisons in England and Wales alone; an estimated £150 for each and every prisoner) is spent on a ‘general prisoner welfare fund’ or on ‘offsetting costs of distribution through the prison shop where that is contracted out’. Is there any documentary evidence to prove this? It seems just another excuse to continue fleecing prisoners' families (clearly no prisoner can afford to make this volume of calls unless they have family support). To take the second excuse first, as this is trivial - if it costs more to contract out the prison shop than to organize it ‘in house’ then why on earth does it not continue to be organized by the prison? The truth must be that prison shops - with a limited range of products on sale, high prices and captive (literally) clientele - make a huge profit. Commercial companies surely pay the Prison Service for the concession rather than the other way round. The first excuse is the one I find really upsetting. What ‘prisoner welfare fund’ is referred to here? In my nearly ten years visiting prisons, I have never seen such a fund publicized. Certainly, prisoners themselves seem to have
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no knowledge of it; still less do they have a say in how it’s spent, although one could make some suggestions. How about some improvements in diet (wouldn’t it be wonderful if Jamie Oliver got interested in the woeful quality of prison food!); or perhaps a donation to the ‘Angel Tree’ so that prisoners’ children could have a gift from their parent at Christmas; or a better service on visits with more childcare facilities? Since it's the prisoners' families who are subsidizing the calls, the least that could be done would be to spend some of the profits on helping maintain relationships which, so we are repeatedly informed, are a major factor in preventing re-offending. No, like everything else these days, long-term benefits are shelved for short-term profits. The cost of phone calls makes it very hard to keep in touch with the outside, with the end result being more broken relationships, more crime and more prisons ... very depressing.
Reduction in sentence ................................................... NAME SUPPLIED - HMP FULL SUTTON I seek clarification relating to persistent rumours circulating throughout Full Sutton that there is to be a 15 per cent reduction in sentence for those prisoners serving a sentence for non-violent offences under the CJA 2003.
➜ The Ministry of Justice writes: There is no current or planned legislation which would have the affect of reducing custodial sentences by 15 per cent. Existing provisions which allow for the administrative early release of prisoners in certain circumstances will continue to apply, and there are no plans to allow prisoners to be released earlier than under these present arrangements.
Criminal Defence - Prison Law - Immigration
That said, I am content to reverse my decision and now intend to release eligible prisoners on Christmas Day on resettlement day release. This is not a straightforward decision in the current climate but I think it can be justified for resettlement reasons as part of a staged resettlement back into the community.
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Insidetime December 2008 www.insidetime.org
Newsround
THE INSPECTOR CALLS... Holloway … improving despite bullying issues Holloway had made a lot of progress over the last four years but the levels of selfharm remained high, with an average of more than two incidents every day, said Anne Owers, Chief Inspector of Prisons, publishing the report of an unannounced inspection of the London prison. More than half the women surveyed by inspectors said they had felt unsafe, significantly more than at the time of the last inspection. This was strongly linked with victimisation by other prisoners - nearly twice as high as in other comparable women’s prisons. Inspectors found that suicide prevention procedures were generally sound, although there was a need for more individual support and more focused care. Bullying and pilfering on the residential units was a major concern; much of this was low-level, but appeared to be accepted as ‘part of life’ at Holloway. Staff-prisoner relationships had improved. Fewer prisoners than at previous inspections expressed concern about victimisation by staff. More than half the women, and nearly half the staff, were from black or minority ethnic backgrounds, and race issues were in general well managed. The prison was much cleaner and better cared for than during the previous inspection. The mother and baby unit was also well run, although there was a need to ensure there were individual care plans and support plans for women who had been separated from their babies at birth.
Swaleside … safe but too little activity Swaleside was a safe prison, with good relationships between prisoners and staff, but there was not enough purposeful activity and prisoners spent too long in their cells. Inspectors found that anti-bullying, suicide and self-harm prevention arrangements were good, and prisoners felt significantly safer than at comparable prisons. The segregation unit was a temporary facility, but staff managed some difficult prisoners with care. Use of force and use of special accommodation were low. In general, staff-prisoner relation-
ships were a particular strength, with an effective personal officer scheme. However, black and minority ethnic prisoners were more negative about the prison than white prisoners. Illegal drugs were a problem, but the prison was working hard to reduce both supply and demand. There was insufficient purposeful activity. Inspectors found over 40% of prisoners locked up during the core day. Learning and skills required better strategic management. There had been improvements in resettlement work, including an impressive range of offending behaviour programmes.
Gartree … population frustrated Gartree had made some improvements, but had faced serious problems with the arrival of indeterminate public protection (IPP) prisoners, said Anne Owers. The last inspection found that the prison was not working effectively in its specialist role and had ‘lost its sense of direction’. This inspection found some improvements, but also noted new problems: particularly an influx of IPP prisoners, who were competing with lifers for scarce offending behaviour programmes, leaving both populations frustrated. There had been no additional resources to deal with the increased sentence planning work for so many prisoners with short tariffs. There were backlogs in preparing parole dossiers and categorisation reviews for IPP prisoners.
Scottish children in adult jails Now even the Chief Inspector of Prisons for Scotland, Dr Andrew McLellan (pictured), has added his voice to the argument against sending under 16s to adult prisons. In his Annual Report for 2007/8, Dr McLellan names it as one of his seven frustrations. In Scotland, children accused of an offence can be sent straight to prison if they are allegedly ‘unruly’. A total of 15 children were held in adult prisons in Scotland during 2007/8. The Scottish Justice Secretary Kenny MacAskill wants to abolish that system and send them into secure care or have them tagged. In Scotland the number of secure places is so limited that prison is the only ‘seen’ option. John Scott, chairman of the Howard League for Penal Reform in Scotland, said: "One child in prison is one child too many”. Dr McLellan says he hopes that by his next report no more under 16s will be jailed in Scotland.
Babies in prison: could reach 200 this year There is hardly a more depressing place to start life than in one of the eight mother and baby units located in our prison system. No matter how good the staff and conditions are, prison is no place for children. Ministry of Justice figures show that between April 2005 and July 2008 an average of 1.7 babies a week were born behind bars. But between April and July of this year, the rate has more than doubled to almost four a week and the total for this year could reach 200 births. Over a third of women in prison have no previous convictions - more than double the figure for men.
Inspectors found there were some concerns about safety, with weak violence reduction systems; too many prisoners sought refuge in the segregation unit. Suicide prevention arrangements were sound and the use of illicit drugs remained low. Staff-prisoner relationships were generally satisfactory and personal officer work had improved. Race, foreign nationals and health services work had improved. Older cells were cramped and unhygienic, and there were few opportunities for prisoners to cook or launder for themselves. There were too few work and training opportunities, and those without activity were locked up for too long. The prison was reporting inaccurate and inflated figures for prisoners’ time out of cell. Education had improved and the therapeutic community remained a beacon of good practice.
And there is little doubt that the general upward trend in babies born in prison reflects the dramatic increase in the number of women prisoners - almost double the figure since 1996 which now stands at nearly 4,400. The conditions in prison today may be no longer as they were in Victorian times but young mothers are still being incarcerated for the same reasons they were in Victorian times: poverty, debt, addictions and mental illness.
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Insidetime December 2008 www.insidetime.org
Inspectorates report critical of IPP implementation
Prison education ‘has failed’ The prison education system is in disarray, according to a damning report by a group of MPs. The findings of the House of Commons public accounts committee (PAC) claim little has been done for inmates who struggle with basic numeracy and literacy. Often their needs are not assessed and any progress they do make goes unrecorded. The Offenders' Learning and Skills Service (Olass), set up two years ago, was meant to change all that. "It has failed in almost every respect," says the PAC chairman, Edward Leigh. Run by the Learning and Skills Council (LSC), its remit was to raise the quality of provision and offer "a single, integrated service for offenders in custody and the community". The PAC report concedes that because criminal justice system requirements take priority, and offenders often have mental health difficulties and dependence on alcohol or drugs, this can be a tall order. One major concern of the report is the Prison Service target of having classes at least 80% full, which may tempt establishments to pack them with those "most likely to turn up". PAC member Ian Davidson was concerned about such targets. "If you just set about filling classrooms, you can always find a few obliging souls to do that," he said. The report expresses dismay that around half of all prisoners have no qualifications and 40% have a reading age "lower than that of a competent 11-year-old". A quarter of those have no screening or assessment for learning and skills, and only a fifth of those with acute literacy or numeracy needs enrol on a course that would help them. More could be done to motivate offenders by involving prison and probation officers and offering extra earned privileges, such as phone calls and visits.
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The report found that: ■ Many prisoners had complex needs, including mental health, learning disability and a risk of self-harm. Nine out of twelve women sampled had mental health needs; ■ One in five of the prisoners whose cases were examined were already over tariff. Prisons, both local and training, had no additional resources to deal with them, and staff had not been trained. There were no adequate systems for moving prisoners so that they could access necessary programmes. Prisoners and staff expressed great frustration at their ‘Kafka-esque’ predicament, unable to access the interventions they needed to secure release;
about the needs of the victim. I think they sometimes forget who the victim is, so lost do they become in a fog of platitudes." The "platitudes" he and his speechwriter are referring to no doubt are the complaints that there are way too many people in prison unnecessarily, the lack of resources to provide meaningful and constructive activities for them once they are in there, and the unacceptably high rate of ex-prisoners re-offending after release. None of the groups he refers to has ever, as far as I am aware, attempted to condone, make excuses for, or justify the actions of those who cause harm or distress to others.
The Inspectorates of Prison and Probation have published a thematic review of indeterminate sentences for public protection. It is highly critical of the scope, implementation and impact of the indeterminate sentences (IPP sentences for adults and DPP sentences for those under 18). While welcoming recent changes to limit the scope of the sentence and improve processes, it points out that the 4,500 prisoners already sentenced will affect prisons and probation for years to come. The report notes that the scope of the sentence was very wide and that these prisoners, often with short minimum sentences, entered an already overstretched and under-resourced system: within prisons, probation and parole. In addition, central national systems for managing lifers and indeterminate-sentenced prisoners had been severely weakened. This it describes as ‘a perfect storm’.
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‘We hear far less often from these lobbies about the needs of the victim.’ A remark made by Justice Secretary Jack Straw in a speech in which he launched an attack on penal reform groups. Former prisoner Erwin James of The Guardian writes: ‘Whoever wrote Jack Straw's speech, in which he launched a vicious attack on penal reform groups, levelled an outrageous slur on the work and efforts of the good people in this country who for decades have been campaigning tirelessly, and with little thanks, for a safe and effective prison system that works in all our best interests. Accusing the groups of being overly concerned about the "needs" of offenders, Straw said: "We hear far less often from these lobbies
The whole point of the existence of such groups is to prevent the state from subjecting people in prison to unnecessary suffering by abuse, neglect or systemic failure. Contrary to Straw's assertions, that is not because they harbour undue sympathy for criminals, but rather because they know that the reasons behind antisocial behaviour are varied and complex. They understand, as does the state, incidentally, that the majority of people who end up behind bars are disadvantaged in some way - lacking in social and work skills, in educational ability and achievement, or wrapped up in a spiral of mental health problems often exacerbated by drug or alcohol misuse. Straw's party has been in charge of the prison system for more than 11 years. If he really cared about victims he would have tackled the failures of the system he inherited from the Conservatives in 1997 a long time ago. Hurling insults at his critics is just a weak and shysterly way of deflecting the blame. If I were him, I would sack his speechwriter.’
■ The Probation Service did not have sufficient guidance or training to assist the courts with accurate pre-sentence reports when deciding whether to pass an IPP sentence; ■ There was insufficient provision for the children and young people sentenced to DPP: youth offending teams were unprepared, and there was too little specific prison provision, or interventions to reduce risk.
Offenders shamed Tens of thousands of offenders sentenced to community punishments are to be forced to wear high-visibility orange “shame jackets” identifying them as offenders. The orange bibs will bear the words “Community Payback” on the front and back so people know they are offenders doing work as part of their community sentence.
HMP Dovegate recently held a 5-a-side World Cup Football event in association with Stoke City FC for Black History Month and to raise awareness for the ‘Kick racism out of football’ campaign. The hugely successful event also raised money for ‘Mothers Against Violence’, a charity dedicated to stopping violence between the youth of today; and was organised by the Dovegate Gymnasium Staff, with over 80 prisoners taking part. Trophies were presented by Mamady Sidibe of Stoke City Football Club pictured (back row centre) with the Caribbean ‘3 team’ (winners) and the European ‘1 team’ (runners-up). Mamady Sidibe also signed posters and programmes.
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Newsround
Crimestoppers 20th Birthday We have all heard of Crimestoppers, but did you know that 2008 was its twentieth anniversary. Crimestoppers was set up by businessman Michael Ashcroft in 1988 as an independent charity allowing the public to help the police by providing anonymous information. These days Crimestoppers is partly funded by central government but it is still run by a small permanent staff and about 400 volunteers. In the past twenty years it has been involved with over 86,000 arrests, the recovery of property worth over £100 million, and the seizure of drugs worth over £150 million. Anonymous calls to its free 24-hour Crimestoppers Hotline lead to the arrest of 17 people each day. The idea of encouraging the public to give anonymous information was not new. The ‘Crimestoppers concept’ really dates back to New Mexico and 1976 when a detective encouraged local businesses to put up a reward for information which might lead to the conviction of somebody for the murder of a student. Detective Mackaleese also managed to present a reconstruction of the crime on local television; offering a $1,000 reward for information. Two men were subsequently convicted of the murder following ‘tip-offs’. The police saw the benefit of what had been achieved and soon ‘Crimestoppers’ was spreading across America. In England things got started after the death of PC Blakelock in October 1985. Michael Ashcroft offered to provide the police with reward money and after further discussions set up the ‘Community Action Trust’ with some business friends. By 1988 the charity was renamed ‘Crimestoppers’ and covered the whole of the UK. There have been various reorganisations but there are now 39 volunteer committees spread across the country which Crimestoppers hope to expand. What of Michael Ashcroft? He has been Chairman of the Trustees of Crimestoppers for 20 years, is now Lord Ashcroft KCMG, Deputy Chairman of the Conservative Party and economic adviser for the Embassy of Belize to the United States.
10 facts about Crimestoppers since it started: 1. 86,310 arrests and charges have been made 2. One million actionable calls have been received 3. £102 million of goods have been recovered 4. £151 million of drugs have been seized 5. Around 17 people are arrested every day as a result of information given to Crimestoppers 6. One person every five days is charged with murder as a result of information given to Crimestoppers 7. In 1988, Crimestoppers received just under 5,000 calls with useful information - last year, just over 81,500 such calls were received 8. Since 1988, 790 people have been charged with murder/attempted murder with the help of Crimestoppers information 9. ‘Most Wanted’ website established 2 years ago has already resulted in almost 400 criminals being arrested i.e. 1 every other day 10. 12 fugitives believed to be on the run in Spain have been arrested as a result of Operation Captura
What of Winston Silcott, the man convicted of the murder in that first Crimestoppers case? Five years after conviction, the Court of Appeal quashed it as unsafe.
Did I say that…? ‘It’s already of course prohibited for police to be members of political parties.’ Home Secretary Jacqui Smith talking to Sky News in the wake of the published BNP membership list. While police officers’ contracts might prohibit them joining the BNP or any far-right organisation that promotes racial inequality, the Metropolitan Police and the Association of Chief Police Officers (ACPO) however confirm that nothing prevents police officers from becoming members of mainstream political parties. They can even be a member of the Revolutionary Communist Party of Great Britain (Marxist Leninist) and seek to violently overthrow the State and establish a dictatorship. Should someone tell the Home Secretary?
‘Missing the point’ A report of electronically monitored curfew requirements, orders and licences, jointly published by HMI Probation, HMI Court Administration and HMI Constabulary, found a system that was largely ‘meeting the contract but missing the point.’ The joint inspection team noted that electronically monitored curfews had the potential to make a powerful contribution to effective management of sentenced offenders. But they found that, even though the electronic monitoring companies were largely meeting their contractual requirements, this potential benefit from such curfews was not being achieved in practice. They described the failure to integrate these curfews into mainstream offender management practice as a ‘missed opportunity’. • 65,000 people in England and Wales were curfewed in 2007/8. • 50,000 were curfewed by a Court sentence; 15,000 on early release from prison (Home Detention Curfew). • The contracts to monitor curfewed offenders cost around £80m in 2007/8. • People are curfewed for a maximum of six months, with a shorter maximum of four and a half months for those released early from prison. • The three most common offences for which people are tagged are ‘minor’ violence, ‘serious’ motoring offences and burglary.
Source: Crimestoppers
New law to let police ‘steal’ your DNA The government is considering passing a law that will allow the Police or MI5 to break into your home to collect a sample of your DNA from cups or cigarette ends to check to see if you are ‘wanted’. According to The Times the proposals are part of the new Counter-Terrorism Bill. The law would allow the use of samples which have previously been collected illegally to be used as ‘evidence’ in court. The law would also allow a rapid expansion of the DNA database; which currently holds over 4.2 million people’s DNA (nearly 600,000 of whom have never been convicted or cautioned for any offence). All the DNA information will be available to other countries’ police forces. Everyone, except the Government, is pointing out the flaws in the idea, which includes the very real danger of cross-contamination.
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EMAP The last few weeks have been a hive of activity for the team at EMAP, with further prisons now seeing the benefits of the service. There does however still seem to be some confusion about how the system operates and we wish to clarify the basics for Governors who may be receiving enquiries from prisoners but have not yet had time to investigate it thoroughly. Emails sent online are automatically reformatted in a way that enables them to be delivered as a ‘fax type’ message on one sheet of A4. As it arrives in the prison, censors can process it in the usual manner (although it is much easier to read than handwritten letters), place it into the envelope supplied, and deliver it to the wing with other mail. It is: • set up free of charge in any UK prison • free to operate with all equipment and consumables supplied free of charge • currently handling up to 5,000 emails per week • extremely popular with family and friends of prisoners • proving very useful for solicitors who use it for acknowledgements and updates etc • cheaper than 2nd class mail and faster than 1st. Derek Jones, EMAP’s Managing Director adds: ‘In 2009, we will be making donations to our two nominated charities, Prison Chat UK and the New Bridge Foundation, helping them to fund their valuable services. I would like to take this opportunity to personally thank all the prison staff who have helped us establish our service and the many prisoners who have been prompting the enquiries from the prison, plus of course our customers. Finally, a big ‘thank you’ to Inside Time, who have promoted our service free of charge and given us the exposure we so desperately needed.’ Merry Christmas from the EMAP Team. UPDATE: 33 prisons fully operational, including the most recent additions of Shepton Mallet, Kirkham, Feltham, Edmunds Hill, Eastwood Park and Dovegate; plus our first Scottish Prison HMP Barlinnie. A further 22 prisons are at various set-up stages and will hopefully be connected very soon, bringing the total to 55. EMAP PO Box 4335 Frome BA11 9AF www.emailaprisoner.com 08700 429351
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Insidetime December 2008 www.insidetime.org
1 in 3 schools is failing pupils say inspectors
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NEWS IN BRIEF
More than a third of schools are not giving pupils a good education say inspectors. Ofsted teams found that one in ten 11-year-olds is still leaving primary school without reaching the level expected in English and maths. And more than half of England’s teenagers are leaving secondary school without five good GCSEs, including English and maths.
Four ‘at-risk’ children die from abuse every week
In her third annual report, Chief Inspector of Schools Christine Gilbert said England must do better if it is to compare favourably with the rest of the world. She said there was still too much variation in achievement between different areas of the country. Poor quality services existed across the education and care sectors for those from disadvantaged backgrounds.
Gordon Brown congratulates Barack Obama on being the first black President and Obama congratulates him on being the first Brown Prime Minister to win a by-election.
Up to four children die each week in England from abuse or neglect, according to official figures that reveal the alarming scale of the problem. The damning report by Ofsted makes clear that the death of ‘Baby P’ (pictured) was far from an isolated tragedy. It found that 282 vulnerable children - many of them already known to social services - died in the 17-month period to the end of August. A further 136 suffered serious harm or injury. Two-thirds of those killed or hurt were babies less than a year old.
Who is to blame for the death of Baby P? Lessons learnt, boxes ticked, families ignored Says Dr Eileen Munro, reader in social policy at the LSE. ‘The Government has lost sight of the basic nature of child protection work. They place a mistaken emphasis on the easily measured aspects of practice such as forms filled in or meetings held. Whether these forms show accurate information and wellreasoned discussions, or whether intelligent discussion took place at the meeting, is harder to evaluate. The current system is so skewed towards the simply measured that it sends out the wrong messages to workers about what is important. One social worker told me with pride of the care she had taken to reassure and comfort two little boys who were being taken into foster care. But she also told me that her seniors had not praised her work but criticised her for not giving higher priority to arranging a meeting that figured in the performance indicators. The “important” work is achieving a high score in the audit system; comforting frightened children comes second.’
The liberals who did so much to destroy the family must share the blame for Baby P. Says Melanie Phillips, writer and broadcaster. ‘Since the death of Maria Colwell in 1973, inquiry has followed inquiry into social work failings – only to be followed by one shocking case of abuse after another. Social work is plagued by low-calibre recruits, whose training is more akin to indoctrination in political correctness, working in a culture which intimidates any dissent and turns morality and common sense inside out. Of course, the book should be thrown at Haringey Council, Ofsted, the Social Care Inspectorate and the assorted professionals who displayed incompetence and worse that led to the death of Baby P. But the people who really have blood on their hands are the progressive intelligentsia who have simply written orderly, married, family life out of the script, enforced the doctrines of multi-culturalism and non-judgmentalism with the zealotry of the fanatic, and caused Britain to descend into an age of barbarism.’
British pupils falling in World rankings British teenagers have plummeted in World rankings for reading, maths and science in international figures that are a devastating blow to the Government.
After opening his presents on his 60th Birthday Prince Charles tells his mother that he was really hoping for the throne.
Fifteen-year-olds have fallen from 8th to 24th place in maths attainment in the past six years. In reading, their ranking has dropped from 7th to 17th and in science from 4th to 14th. The slump raises fears that Britain is losing its reputation for providing World-class education, despite the millions of pounds the Government has pumped into schools. Since 1997, when Tony Blair came to power promising to make “education, education, education” a priority, government spending on the sector has risen from £29 billion to £77.4 billion. Britain was eclipsed by Korea, Finland, Canada, New Zealand, Hong Kong, Japan and the Netherlands in reading, maths and science. Britain also scored fewer points than it did in 2000, according to the report by the Organisation for Economic Co-operation and Development (OECD).
Before appearing on Strictly come Dancing, John Sergeant is given just a touch more make up.
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Newsround Children are kind by seven At the age of four, your child is likely to be a selfish monster - but don’t despair: by seven, he or she should have learned to take account of other people’s feelings. Scientists at the University of Zurich used sweets as the currency in a sharing game in which the options were “one for me, one for you”, or “one for me, and none for you”. Aged three and four, the children only thought of themselves, and would routinely deny the other child a sweet. That sort of reluctance to share is identical, said the Swiss team, to the way chimpanzees behave in similar experiments: in both cases, “self-interest is the dominant form of behaviour”. But by the age of seven or eight, most children chose the fairer option, particularly when the other child was a classmate rather than a pupil at a different school. However, the findings do not mean you should refrain from telling your toddler to share; such encouragement may be essential if his or her caring instincts are to develop as they grow older.
The “marshmallow test” moves on It’s a simple test, but it has a surprising ability to predict a child’s future: give a four-year-old child a marshmallow, and tell them they can either eat it immediately or wait until you come back into the room in 15 minutes and they’ll get two marshmallows. According to research conducted in the 1960s at Stanford University, California, the children who manage to wait for the second treat - who, in other words, are able to defer gratification – grow into young adults with social skills, higher self-esteem and better exam results than the children who guzzle the treat immediately. Now, four decades on, professor Walter Mischel, who devised the “marshmallow test”, is planning to scan the brains of his original subjects in the hope of finding out whether some are better able to resist temptation. Is the problem how you perceive a temptation, for example, or in an underlying inability to stop yourself? “Brain imaging provides a very exciting and important tool,” says Mischel. His ultimate aim is to find better techniques to help control their impulses. For instance, the child who can’t resist a marshmallow if they are thinking about how yummy and chewy it is might find they can wait for 20 minutes if they’re thinking of the marshmallow as being puffy like a ball of cotton wool.
NEWS IN BRIEF
Police reject criticism that they have over-reacted in arresting a Tory MP for making public the news that 5,000 illegal immigrants have been allowed to work in sensitive Whitehall security jobs.
At the White House - George Bush’s dog Scotty shows Obama’s dog the ropes.
In praise of pushy parents
Why dads are so embarrassing
Pushy mothers have been vindicated - to an extent. According to new research, having an ambitious mother can leave women with more self-confidence in later life. For the study, researchers analysed a group of women whose children were born in 1970 and asked them when their children were ten, at what age they expected them to leave school. Dr Eirini Flouri, who led the project, reckoned this was a good indicator of a mother’s expectations of her children, and belief in their abilities. She then compared this information with an assessment of the children’s levels of confidence aged 30. The results indicated that the women’s self-esteem was linked to their mothers’ belief in them , even when factors such as the children’s intellectual ability and their parents’ wealth were taken into account. However, parental belief did not seem to affect the children’s eventual income level, and no such effect was seem in sons - possibly because mothers tend to be more ambitious for their daughters. Dr Flouri, of the University of London’s Institute of Education, was careful to emphasise that belief in a child’s abilities is “just one aspect” of parenting.
To his wife, the sight of the middle-aged man strutting his stuff on the dance floor is perhaps funny, even endearing. But to his teenage children it’s so embarrassing it’s almost unbearable. Now, scientists think they are closer to knowing why teenagers have this extreme reaction; it seems that adolescent brains process feelings of embarrassment (and guilt) differently from adult brains. In an experiment at London University, researchers using brain-scanning equipment found that when teenagers and adults were asked to consider feelings of disgust or fear, they all used the same part of the brain. But when the volunteers were asked to imagine socially embarrassing situations - such as their father dancing in a supermarket, or themselves drooling food down their jumpers - the teenagers engaged a particular part of the brain called the media prefrontal cortex; the adults did not. “If teenagers have more activity in this part of the brain when they are thinking about being embarrassed, it might explain why they are more susceptible to embarrassment,” says Sarah-Jayne Blakemore, who led the research published in The Journal of Cognitive Neuroscience.
John Prescott was sent to Scotland to help Labour in the by-election but gets hopelessly distracted when he spots a pie shop. Talking of Fat cats, £2.3m funding is withdrawn by the Home Office which will result in the Met Police’s human trafficking team being closed down. Meanwhile the Home Office paid out £5.7m in staff bonuses last year.
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Newsround
Insidetime December 2008 www.insidetime.org
Do you know...? • It seems that the bonus culture isn’t only endemic in the City. The marking of this year’s Sats tests was a fiasco: schools and pupils waited months for unreliable results, and thousands of scripts were lost. Yet hundreds of civil servants at the National Assessments Agency, who were responsible for overseeing the process, are still to receive performance-related bonuses of up to £3,905 each. • A boy of 16 was told he could not work as a cleaner because he is too young to use a hoover, washing up liquid or hot water, without health and safety clearance. Karl Walker was hired by Apollo Cleaning and worked in offices in Chippenham for a week until a regional manager ordered him to stop. • Employees of Northern Rock are scheduled to scoop bonuses worth up to £50m over the next three years. • The White House is still fighting the war in Iraq under an authorisation to remove (the long dead) Saddam Hussein.
move with the times, and offer advice on sexual matters to its members. There will be no badge in sexual health, but it will be incorporated into subjects such as health and fitness. Traditionalists have complained about the move, but Lord Baden-Powell himself wasn’t afraid to tackle the subject: in his book ‘Scouting for Boys,’ he urged boys who felt sexual urges to “wash your parts in cold water”. • 93% of voters think that bankers must take some responsibility for the present financial crisis; 92% also blame bad financial regulation, 88% the government, 86% the global downturn, and 84% consumers for borrowing too much money. However, only 45% say the Government must take a lot of responsibility, whereas 74% say the same about banks. • Ann Summers was forced to withdraw thousands of edible sex products after tests revealed that they had been contaminated by melamine, the industrial toxin at the centre of the Chinese baby milk scandal. • Between 1908 and 1965, Winston Churchill is believed to have had 42,000 bottles of Pol Roget champagne opened for him. • 52,000 tennis balls are used during the Wimbledon fortnight.
• Six police forces and two fire brigades are paying out more in pensions to retired officers than they are in salaries to serving officers.
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• In world rankings, Britain is rated number one for Grand Prix winners and also, weirdly, for kidnapping, second for the amount of aid we give per capita and third for obesity. • The NHS spends £225,000 each year on translating its services into 160 languages, including Cherokee and Cebuano - despite the fact there are no registered users of those languages in this country. • From green belt to national park to areas of scientific interest and places of outstanding natural beauty, 55 per cent of our landscape is protected against developers. • There are currently more than 80 million old mobile phones laying around in Britain with a value of £1.6bn websites such as mobile2cash.co.uk and envirofone.com will buy your old phone from you. • Lecturers at British universities have been sent a list of “sensitive” terms they should try to avoid. Words on the list, drawn up by the British Sociological Association, include “Chinese whispers” which is deemed to have racist connotations, as is “immigration” because of its association with “immigration legislation”. “Seminal” and “Old/Master” are judged sexist.
Behold the Messiah…
• Only one in ten cyclists bothers to stop at pedestrian crossings.
And Lo an angel of the Lord appeared on CNN and said: Fear not for I bring you breaking news of great joy - for this day in the city of Chicago a Messiah has come forth preaching the message: ‘Yes we can’ as foretold by Bob the Builder.
• The 92-year-old governor of a primary school in Cornwall has been banned from handing chocolate to pupils on health grounds. Hartley Peters has distributed KitKat bars at Mawnan Church of England School in Falmouth for countless years. But on the first day of this term he was told to stop. He now gives out raisins instead.
And his name shall be Obama which is to say the chosen one, the bringer of change.
• Over 126 years after his death, Charles Darwin has received a personal apology from the Church of England for opposing his theory of evolution. Addressing the naturalist directly in an online essay, Malcolm Brown, the C of E’s director of public affairs, admits Darwin was wronged, and tells him the Church hopes to make amends. Darwin’s family described the apology as “pointless”.
And it came to pass that there went out a decree from Obama that the people should be taxed some more and that his armies shall be redeployed from Iraq to take part in a new surge in Afghanistan. And the people said amongst themselves ‘Hang on a minute we’ve heard that before somewhere: and straightway it brought to mind Dubya the Burning Bush - the last ruler of the land - and they became sore afraid
• About a third of girls in the US become pregnant before the age of 20; 80% of babies born to teen mothers in 2006 were unplanned. • Hospitals in England made at least £103m from car park charges last year.
Not The Authorised King James Version of 1611
• The Scouts Association has announced that it has decided to
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16
Diary
Insidetime December 2008 www.insidetime.org
Month by Month by Rachel Billington he Longford Trust was set up in memory of my father, Frank Longford. He spent seventy of his ninety five years visiting prisons, helping people who hadn’t much hope, raising difficult cases in the House of Lords where he was never afraid of making waves. In fact, he enjoyed nothing more than a good argument.
T
At first the trust organised a lecture. Previous lecturers include Archbishop Tutu, death row lawyer Clive Stafford Smith and Cherie Booth QC. Then the trustees, of whom I’m one, decided to give prizes to organisations or individuals who have done outstanding work in penal or social reform. More recently we started a programme (advertised regularly in Inside Time) to give financial aid and mentor support to ex-prisoners involved in graduate studies.
Libya. In her view, so-called Titan prisons would only lead to more self-harm and suicide. Ian Blair paid tribute to Frank Longford for ‘giving a voice to the voiceless.’ He went on to analyse the problems in our society, arguing forcefully that … ‘We can’t arrest our way out of knife crime.’ He questioned why so many people think prison is the answer and why society has lost faith in community sentences. One answer, he felt, was to make those serving community sentences far more visible, including wearing special clothing. But his most forceful point was that money must be paid ‘further upstream’ to tackle problems of poverty and drug abuse before they have led to crime.
This year we tried something new again, putting on a debate on the theme Britain can’t build its way out of the Prisons’ Crisis. Originally, we hoped to find four participants who could be divided into pros and cons. But it soon became clear that it was going to be a great deal easier getting those critical of government policy than those who would wholeheartedly defend it. We ended up with four very different panellists who nevertheless found more to agree about than disagree.
Jason Warr read an interesting essay on the prison situation. His analysis mentioned the ‘obsession with public protection’ and ‘the dominance of the retributive ideal’ which led to more and more people thinking prison was the only answer. He also argued that there has been a swing away from the notion of rehabilitation which previously was considered a very important part of the prison experience. On the subject of the increased size of prisons, he raised the question of public and private investment and the part prisons can play in local economies, thus changing the basis for a decision making process.
Phil Wheatley, as Director General of the Prison Service - or rather the National Offender Management Service (NOMS) which now includes the Probation Service - probably needs no introduction to readers of Inside Time. Sir Ian Blair, outgoing Commissioner of the Metropolitan Police, is also well known. Baroness Helena Kennedy QC is a barrister who has spent much of her career in the area of human rights. Jason Warr is an ex-prisoner who is studying at Cambridge University and is a former Longford Scholar. They were chaired by Channel Four newscaster, Jon Snow.
Phil Wheatley echoed some of Jason’s points with his belief that … ‘As a society we are much less tolerant of risk’, which naturally leads to longer prison sentences. It is the politicians’ role to reflect society’s needs. Taking issue with an earlier speaker, he said that there has been a long-running trend for prison numbers to rise, since 1946 in fact. He pointed out that community sentences can be harder to serve than two weeks in prison and like everyone else on the panel felt there was need for a more informed discussion among the public; just what we were doing that evening I guess.
The format allowed each panellist to speak, followed by an extended question and answer session from the floor. I’d need a special supplement to cover all the points raised, so I’ll only mention the highlights or those that led to lively disputes. Helena Kennedy blamed ‘the politicisation of prisons’ for a decline that started with Michael Howard, the then Home Secretary who declared: ‘Prison works.’ She said prison was now being used ‘to replace social services’ and we needed to persuade the public to enter into ‘a real discussion’ before the situation could change for the better. She proclaimed passionately that ‘our prisons are a shame on the nation’ and pointed out that we imprison more people per head than
Energetic questioning followed with a couple of magistrates, including Inside Time director Trevor Grove, kicking things off. He pointed out that in his area community work was signalled by boards stating such work was in progress. The most heated exchange took place between a retired probation officer and Phil Wheatley. The probation officer argued that the Criminal Justice Act had effectively destroyed the service, and whereas probation was previously supposed to be acting in the prisoner’s or ex-prisoner’s interests to support them into a more productive life, they were now expected to act as something nearer prison officers. The speaker blamed poor leadership from the politicians. Mr Wheatley,
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Dr Peter Bennett (above) and Lucy Gampell recieving their awards from Lady Antonia Fraser, daughter of Lord Longford perhaps unsurprisingly, strongly objected to this point of view. I can’t finish this brief round-up without noting the two award winners. Unusually, the judges had decided to honour a prison: HMP Grendon Underwood in recognition of its role, over several decades, as a beacon of good practise in therapeutic and effective rehabilitation often in contrast to the rest of the prison
Former Home Secretary Charles Clarke at the Royal Courts of Justice photographed next to a sculpture of Lord Woolf, former Lord Chief Justice of England Earlier in the month I went to another evening where prisons were the subject of discussion. This was the Association of Members of Independent Monitoring Boards’ AGM. It was followed by an address from Charles Clarke MP. The last time I heard Charles Clarke speak was for the Prison Reform Trust when he was Home Secretary. On that occasion he emphasised the importance of cutting down re-offending if prison numbers were to fall. This time he made five strongly argued points which, with the possible exception of the first, would have been extremely welcome from any Home Secretary.
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estate. The award was accepted by Grendon’s current governor, Dr Peter Bennett. A ‘lifetime’ award went to Lucy Gampell who retires this year after running Action for Prisoners Families for fifteen years. Many of you or your families may have been helped by this charity. Their website address is www.prisonersfamilies.org.uk. This year their focus will be on women in prison.
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• Rebalance the relationship between the law and politicians following the Human Rights Act; • More emphasis on community punishments • probation service too weakened to deliver a proper service; • Make punishment fit the crime - e.g. if someone has a serious driving offence, crush his car people don’t understand the sentencing structure - probably 30,000 need longer sentences, 40,000 less; • Who are the prisoners? Reduce the amount of prisoners by focussing on individual needs of prisoners, e.g. Foreign Nationals, women, drug-related, mentally ill. • Community prisons - essential that prisoners are kept in their own locality and that governors have direct contact with outside job possibilities etc - Titan prisons absolutely won’t work. What a pity he can’t make any of the above happen! As a reward for being good listeners, we were sent off on a tour around the historic Royal Courts of Justice. In the course of our promenade we were directed to what was described as ‘an unusual statue of Lord Woolf’, the former Lord Chief Justice who drew up the important report after the Strangeways riots. Charles Clarke was obliging enough to be photographed beside it, so you can judge for yourselves just how unusual it is. (see above)
Education
Insidetime December 2008 www.insidetime.org
Inside education A decade of change Until her retirement in May, Ann Creighton was Director of the Prisoners’ Education Trust. Here she summarises some of the changes she has witnessed over the last decade Employability is a relative newcomer - this seems to mean that all learning activity should be directly related to equipping offenders with the skills they need to get jobs. There is a place for discussing this term in some depth but it is out of the scope of this article.
CURRICULUM ............................................... Looking back over a number of annual reports, one thing that hasn’t changed is a consistent concern about the narrowing of the curriculum for those in custody. In 1998, comment was made about the disappearance of art and evening classes. There are now few evening classes and those classes seen as ‘recreational’ are rapidly disappearing from the curriculum. The proposals in the Learning & Skills Councils prospectus, published in the autumn of 2007, indicate that priority (and therefore funds) should be concentrated on those with poor literacy and numeracy skills and those with two years or less to serve.
WAGES ............................................... Looking back over the last ten years of education in the criminal justice system, there are many similarities between the concerns then and now.
POPULATION ............................................... There was deep concern about the effect of the rise in the prison population on education. It was mentioned by the then HM Chief Inspector of Prisons, Lord Ramsbotham, in his 1998 report. The prison population was at the time around 62,000; it is now over 83,000 and projected to rise to more than 100,000 in the next five or six years. This affects education in that in overcrowded jails, prisoners are often on the move which disrupts their classes and causes frustration to prisoners and staff alike.
TERMINOLOGY ............................................... In 1998, the talk was exclusively of prison education. Change came in two stages: firstly, from prison to prisoner education, reflecting the emphasis on the need of the individual. In around 2002, prisoner gave way largely to offender. This was to encompass all those sentenced by the courts, whether to community or custodial punishments. Perhaps one of the most interesting changes is the increasing use of the term ‘learning'. The Offender Learning & Skills Unit, responsible for policy regarding offenders, was intended, I think, to emphasise the Government’s twin policies; ensuring that education for offenders was comparable to that available elsewhere and emphasising their concern with ‘lifelong’ learning.
Prisoners receive a wage for their various activities in education classes and in workshops. In 1998, most prisons paid prisoners substantially less for attending education classes than going to workshops. Now, although there remain considerable variations, wages are likely to be nearer that for going to a workshop - which must be encouraging.
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❝Quote of the month❞ HMP has it all wrapped up A drug dealer in Germany has pulled off one of the most ingenious jailbreaks of modern times. Assigned to make cardboard boxes at the prison, he simply climbed into a large one and was dispatched by express courier. The German authorities said his whereabouts were still unknown. Most ingeniously of all, he had neglected to send himself by registered post. The British public can be reassured. A similar escape here would be impossible. An official faced with such a cardboard box would refuse to move it on health and safety grounds. Once the appropriate lifting machinery had been found and the parcel transported to the post room, there would be confusion over recent changes to postal rates. Is it by weight or by size? By the time this had been settled, the last post would have gone. But if anybody did manage to get out, they would have no trouble evading the authorities. All a convict would have to do is conceal himself in a council wheelie bin with the lid pushed slightly higher than regulations permit. He would be safe there, uncollected, for months. The Sunday Times 16th November
CRIMINAL & PRISON LAW EXPERTS Serving the South East
All aspects of prison law covered MODERN TECHNOLOGY ............................................... 1998 was still firmly in the paper and pencil age (well, perhaps word processor too). Now, access for prisoners to the huge learning resources of the web and to on-line learning is one of the most hotly debated topics. Lack of access is seriously hampering the range of study for learners at all levels and there are a number of pilot projects. There have been many changes in approaches to prison education - offender learning. It has moved higher up the political agenda and it is a frequent topic of discussion in the media. However during this last decade there have been a number of changes to the organisation of learning in prison and in the community, with yet another heralded for July 2009. A period of consolidation would be welcome.
We welcome your letters and articles. If you have a question about an education matter, please send it to Inside Time (Education) PO Box 251, Hedge End, Hampshire SO 30 4XJ. Everyone will receive a reply, but we cannot publish all letters. Letters may also be published on the PET website. If you do not wish your name to be disclosed, please make it clear.
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Health
Insidetime Insidetime December March 2008 2008 www.insidetime.org www.insidetime.org
Inside Health... with Dr Jonathon Following the launch of Inside Health in 2007 we have received a number of queries from prisoners about health matters. Providing this valuable service is Dr Jonathon Tomlinson, a GP practicing in East London. If you have a question relating to your own health, write a brief letter (maximum one side A4 paper) to Inside Time (Health) PO Box 251, Hedge End, Hampshire SO30 4XJ. Everyone will receive a reply, however only a selection will be published each month. No names will be disclosed.
Q I suffer with severe pressure in my head due to a fractured septum. I also have a perforated eardrum. Last year I saw an ENT surgeon who told me I needed two operations – nose and ear. I was then moved to another prison and have had to see another surgeon who has refused to operate because of my lifestyle. I am waiting to see a different doctor. I have had an MRI and CT scan. Why do you think he didn’t send me for an electro-cranium-test? I would be pleased to know exactly where you think I should go from here.
A You’ve have a perforated eardrum and a fractured nasal septum that blocks the right side of your nose. Two different ENT specialists have seen you; one said you needed an operation and another said that you didn’t - suggesting that the symptoms you were suffering from (headaches / pressure in your head, especially in the cold) was due to withdrawing from drugs. You’ve had an MRI and a CT scan. From the information you’ve sent me, it’s impossible to say whether or not an operation will solve your problems. An operation to correct your nasal septum will improve the airflow through your right nostril, and an operation can be performed to close the perforation in your eardrum, but it doesn’t follow that either of these operations will solve your headaches, since there are many different causes of headaches that would not be affected by a fractured nasal septum or a perforated eardrum, and these problems often do not cause headaches.
There is not, as far as I am aware, any such thing as an ‘electro-cranium-test’, certainly there is no such test performed by the local ENT specialists, and searching on the internet hasn’t shown there is such a test in use anywhere else. I would suggest that, since you have had two conflicting ENT opinions, it would be worth seeing another ENT specialist to review your scans and give an opinion as to whether they think you would benefit from surgery.
Q I suffer from a condition known as Transverse Myelitis – damage to my spinal chord. It has left me with reduced sensation below the waist, pins and needles in the hand and forearm and hypersensitive feet. My legs often feel stiff and cold. I have been prescribed different drugs and various therapies. I am aware that my memory has deteriorated and I have become forgetful of events and often ‘lose’ words. Are these symptoms of my medication or my general condition? What are the long term effects of such drugs?
I I I I I
There is a Transverse Myelitis society in the UK at http://www.myelitis.org.uk/ which has more information.
Q On entering the prison system I was pre-
I suffer from panic attacks and anxiety, and have been taking prescribed benzodiazepines for over two years, therefore can it be used as an excuse for withdrawal that other people have been bullied for temazepam? Can Dr Jonathon advise?
Access to sound legal advice in prison can be a worry.We provide a professional and sympathetic service.
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Transverse Myelitis doesn’t affect the brain, so in itself isn’t responsible for memory problems or mood disorders. Clearly the impact of living with a serious, incurable, painful, disabling condition is significant and your psychological health is every bit as important as your physical health. Drugs are not likely to be the most effective treatment here. Psychological and practical support is vital to help you live with the condition.
only about 300 people affected in the UK each year. It often starts after a viral infection and results in inflammatory lesions in the spinal cord which cause different symptoms depending on the level of the lesions. Typically the symptoms include weakness, pain, altered sensations and bowel and bladder problems
Specialists in Prison Law & Criminal Defence work
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Exercise and stretching are vital to help maintain independence and conditioning. A neurophysiotherapist should be able to help with a suitable program. You need to continue this lifelong.
A Transverse Myelitis is a rare condition with
Prison Problems? We Care
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Treatment is difficult as there is no cure and the symptoms vary from person to person affected. The various drugs that you have been prescribed, including Baclofen, Amitriptyline, Gabapentin and Pregabalin, are used to treat the cramps and pains associated with nerve damage. They commonly cause drowsiness as a side effect and are often poorly tolerated, especially in early stages of treatment. The side effects can wear off with time, but sometimes do not. Different people respond to differing degrees, some finding them very helpful, but many don’t. The side effects all wear off once you stop the drugs.
scribed temazepam, however upon arrival at my present establishment the doctor said that under no circumstances would he prescribe temazepam and gave me diazepam.
Prison Law
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and impotence. It can often lead to paralysis. Diagnosis involves a combination of careful neurological examination and MRI or other scans of the spinal cord. About a third of people affected make a good recovery, one third make a fair recovery and another third make very little improvement; though most of this improvement occurs in the first 3-6 months.
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A Diazepam and temazepam are both from the ‘benzodiazepine’ family of drugs. There are over 20 types of benzodiazepine drugs. All of them work in similar ways and are used to reduce anxiety, help with sleep and prevent epileptic seizures. They are all potentially highly addictive and most doctors will be aware of patients who have been addicted to them for years. Withdrawal from high doses of benzodiazepines can be dangerous as well as difficult and may cause severe anxiety and fits (seizures). They are commonly bought and sold illegally because of their sedative and addictive effects. In the majority of cases it is not recommended that they are prescribed for more than 14 days at a time because of the risks associated with long-term use. These risks include low energy levels, poor memory and concentration, worsening of depression, tolerance (when you become tolerant to the effects and need higher and higher doses to get the same effect) and addiction. Nevertheless, they are very effective at reducing anxiety and helping sleep. Many people take them without becoming addicted, and prescribed under careful supervision they can be very useful. Diazepam is the most commonly prescribed benzodiazepine because, due to its long half-life (meaning that its effects wear off more slowly than other benzodiazepines) the withdrawal is more gentle. The long half-life means that for some people it is less suitable as a sleeping tablet (hypnotic) than shorter acting benzodiazepines such as temazepam. Anxiety and panic attacks are treated much more effectively with psychological therapies such as Cognitive Behavioural Therapy. Antidepressant medications can help some people and are much less addictive. Since you have been taking prescribed benzodiazepines for 2 years for anxiety and panic attacks, I don’t think they should be stopped unless there is a plan to use an effective alternative. I would have thought that supervised prescribing and consumption should avoid the risk of you being bullied or abused by other prisoners who want your medication.
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Comment
Insidetime December 2008 www.insidetime.org
How will the credit crunch affect music?
Jonathan King writes ...
Andrew Cousins from Gema Records looks at the consequences for music of an economic downturn Money, it seems, is not conducive to great music. If you need further proof, just look at the era of Britpop, Loaded and Three Lions, when indie guitar music reverted to a strictly retrograde style and has sounded pretty much the same since. Over the 16 years of sustained economic prosperity that we have enjoyed since the mid-90s, mainstream music has gone into a steady decline, culminating in the noughties, perhaps the most nondescript musical decade since records began. It brings to mind the Orson Welles remark in ‘The Third Man’ about 400 years of democracy and peace in Switzerland and all they produced was the cuckoo clock.
ock'n'roll was born out of the 1950s economic boom, when a generation of affluent teenagers suddenly found they could purchase their own distinctive identity. However, in recent times it would appear that the poorer the state of the economy, the better the state of music. So does that mean we have much to look forward to right now?
R
Punk exploded in an era of chronic economic gloom, as much a reaction against the awfulness of the 70s as it was against the perceived self-indulgence of bands such as Pink Floyd. Then came post-punk and the desperately hard times of the early Thatcher years. This period also engendered an abundance of new bands; the likes of Joy Division and Cabaret Voltaire, and the more colourful Human League, ABC and the Associates represented defiance to the hardships of the time, whereas the Specials and the Beat were a more overtly political reaction. But what was the soundtrack when the first boom period of the 80s hit? Stock, Aitken & Waterman and Swing Out Sister. Yet when the subsequent recession of the late 80s arrived, the quality of music spiked once again. This period gave rise to Massive Attack, Orbital, Radiohead, the Orb, Manic Street Preachers and My Bloody Valentine among others.
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Now, however, all projections point to an economic downturn. As the implications of this sink in, what are the consequences? What shape or form will a countercultural reaction take? Some angry, thrashy, guitar-based counterblast - a "new punk" - would be too obvious. Maybe the economics of the record industry itself will change. Will Burial trigger a wave of neo-gothic dubstep - angry, faceless, and refusing to play the game with the industry? Will pop get more ragged, cheap and cheerful, all messy, make-do and mend with outfits picked out from Oxfam and video slickness replaced by a live shambles? Will guitar music shed its retro straitjacket and take up where My Bloody Valentine left off in 1991 with their "holocaust" of noise? Will some mutant, ecological strain of acid folk frazzle a burnt out nation's consciousness? All of these things, until recently impossible, feel a great deal more likely now. Andrew Cousins is Managing Director of Gema Records, the leading supplier of Music, Games and Films to UK prisons. Their extensive Autumn 2008 catalogue is available to all prisoners at a cost of £2, which is fully refundable against the first order. To request a copy, send your cheque or P.O. to Gema Records, PO Box 54, Reading RG1 3SD.
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The Russell Brand/Jonathan Ross drama could be seen as one of the silliest and most unimportant media stories in years. Managing to get two complaints from the target audience when broadcast by the BBC late at night, it then received 40,000 complaints when carried by the tabloids. It wasn't the joke that got complaints but the coverage of the joke. Something which may or may not be suitable for students is guaranteed to infuriate Daily Mail readers. However, I think the incident was more important than it seemed - it spotlights the cleverness and the devious tricks of the best and worst of the media. Editors like Paul Dacre of the Mail are cunning; do not underestimate them. When Dacre calls the Human Rights Act ‘wretched’, he is poking the selfishness of all of us with a stick. When we condemn Human Rights we choose to ignore the fact that we are all humans and we concentrate on the suspicion that some are more deserving of Human Rights than others - a false and dangerous but attractive concept so well depicted by George Orwell in ‘Animal Farm’. All animals are equal, but some are more equal than others. We see this every year when the tabloids sneer at ‘luxury’ Xmas meals served to prisoners. Rubbish, of course, as usual; simply some decent people trying to give a little kindness and humanity at a difficult time of the year to those neglected by society. We've all watched it in the prison hierarchy too; the stupid and the bullies sneering at the weaker inmates, usually to deflect attention from their own, often far worse behaviour.
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debate - this year it was: ‘Can we build our way out of prison overcrowding’? The answer was pretty overwhelmingly No, quite rightly - however by concentrating on solution suggestions, the speakers ignored the reasons why our jails are actually overcrowded. The police, who don't want truth but want convictions, and are prepared to bend the evidence in order to get them; lack of accountability for those who manufacture false convictions; the awful judicial process, which suffocates truth with words and boredom; the government, which makes laws according to tabloid headlines; and most of all the media - only concerned in getting a good story and not even remotely interested in the truth. Papers like the Daily Mail, the Sun, the Times and the News of the World are trying to destroy the BBC and whilst there are indeed problems with the BBC, as there are with all big corporations, we need it. A lot of it is good and much of it is fair, and only the BBC will tolerate projects that are not motivated by a desire to make money. Whether it is Top of the Pops or Rough Justice or Little Dorrit, the BBC comes up with more good things than most other media outlets, so let us defend it. However the BBC at present seems spineless and terrified of the tabloids, as are politicians. We must never give in to the bullies, especially at this time of year; a little decency and kindness goes a long way. And prisoners can start by treating the person in the next cell and the officer opening the door and the staff serving meals and the chaplains and healthcare with respect … and a smile. Happy Christmas!
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ones, those with brain cells to spare, will have the honesty to admit the problems I describe and a desire to see such a system as I advocate; because they can see the advantages and understand how they would fit in and achieve accordingly. Then there are those who spend association time glued to a chair and refuse to perform even the most mundane of jobs, and spend the whole of their working lives achieving little to nothing. They will be ruffled by seeing the reality of their lives laid before them.
he age of prisoners is increasing. With ever-long sentences and tabloid pressure to stop life sentence prisoners progressing, there are even greater numbers of elderly prisoners. I know of a man in his late eighties, another with one arm and one leg missing, and countless wheelchair cases - all in high security 'dispersal'. Why? Very little effort is put into their medication, care or mobility. I know of one severe diabetic who is so poorly treated that every month or so he's rushed out to hospital - then returned as right as rain a couple of days later. What is going wrong with prison healthcare? The same malaise affects healthcare staff as the rest of the estate. Warders refuse to push wheelchairs, ‘not my job’ - they try to pass the buck to prisoners, who are neither trained nor insured. It is surely the warder's job to ensure the prisoner gets from wing to healthcare?
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As I write, there is a stream of 'made-up' stories in the tabloids about certain of the more notorious occupants of HMP Wakefield. These stories continually quote an ‘inside source’, yet as it’s illegal for staff to divulge such information what is being done? Exactly! You've got it in one! There is no control or security on prisoners’ data (contrary to the Data Protection Act). There are no checks or records of any access or copies made of prisoners' data. Anyone can print out a OASys record, walk out of the prison, and send it to a tabloid. Are you surprised? Under my system security of data would be stringent, with the Data Protection Act 1998 a starting point. Anyone gaining access must have a proper, valid reason and that reason must be recorded. Printing of data should be from one point, audited and controlled. There must be an audit trail for every copy. There is no need for the proliferation of printers and copiers; this mitigates against security. Very often, appointments are made for prisoners to attend local hospitals. The prisoner is not told beforehand and is taken unprepared and often inappropriately dressed. No thought is given to escort; with female staff escorting men attending for treatment in 'personal' areas. Prisoners are often paraded through waiting areas; assuming of course the prisoner actually gets there: often he/she is simply not taken for their appointment, with excuses ranging from … ‘three months wasn't long enough to do a risk assessment’, to … ‘the
If it was left to me In the final part of his series for Inside Time, former prisoner Paul Sullivan further identifies what he considers needs changing about the failing prison system; looking this month at older prisoners; staff selling ‘stories’ to the tabloids; hospital appointments and misinformation fed to prisoners escorts came back late from lunch’. The time has come for a complete ‘hospital prison’, properly staffed and equipped for seriously ill prisoners. Prisoners should be treated sensitively and properly, with help and assistance for such things as bathing and incontinence.
have a squaddie thrown out of the army for abusing Iraqi prisoners responsible for your care? Can you imagine what it must be like for a mother to learn that her teenage son or daughter has killed themselves because of being abused by the justice system and its employees?
For people who may have read my series and scoffed, please remember that the prisoner could be your father, brother, son - even you! Would you like to see your elderly father bullied by young thugs because he is incontinent and, through no fault of his own, walks around in his own excrement and smells? Would you like your son to be suffering from tuberculosis and offered a paracetamol tablet? Would you like to see your brother assaulted and humiliated by psychotic warders? Would you like to
Politicians don't care. I wrote to Mark Oaten before he was disgraced and he said he thought prisons were ‘wonderful’ and all staff ‘angels’. Had he been jailed for his various indiscretions he would have had an eye-opener. Why do people never listen or care until things happen to them (me included)? Well listen now! The system is rotten and corrupt to the core. Prison officers who may have read my series will be in one of two camps. The intelligent
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And finally, the sharing of reliable Information is important to mention here. Prisoners are fed a diet of lies and misinformation about prison rules and regulations, their rights and entitlements. Much paperwork is given to illiterate or dyslexic prisoners with no help in reading or understanding it. Prisoners are misled about such things as legal mail, privileges and 'Local Policies' and it is always to their detriment. The current Prisoners' Information Book (published by HMPS and PRT) is full of vagaries and inaccuracies, all of which seek to confuse the prisoner: such references as ‘ask staff’ or ‘staff will tell you’ allow staff to make up their own 'rules'. In my system all prisoners would be given a copy of all the basic information they need (visits, meals, religion etc.) plus summaries of prison rules and local complaint regulations. It would be their personal officer's duty to ensure they have a copy and understand its content. Each prison would need to produce its local version. Each wing would have a definitive copy of all current rules and regulations for staff to consult to ensure they are familiar and compliant with them. Places such as Wakefield, which take delight in failing to inform prisoners - even on such things as regime changes, need to be brought into the real world. It seems to me that at least one specialist warder should be allocated to 'information'; whose duty it would be to know and disseminate information. I have covered a broad area of changes and there are many areas and details I have not been able to discuss because of shortage of space. Everyone will have their own views and ideas - all of which I respect. It is not about who is right or wrong, who thinks this or that; or our politics - it is about identifying exactly what a prison is for and what measurable achievement it must produce. The most important thing is to get it sorted.
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Insidetime December 2008 www.insidetime.org given the newsworthiness of the JCHR’s dire warning to the government to pull its finger out, or else. As I understand it, the Observer article was in response to the Prison Reform Trust pulling some strings, and Shami Chakrabarti of Liberty intends to jump on the bandwagon as the campaign for prisoners’ votes is stepped up. It is worth repeating what Jamie Doward wrote in the Observer: “Human rights group warns that without a change in the law, Britain's next election could be invalid. The government must give prisoners the right to vote or the next general election will be illegal under European law, ministers have been warned by parliament's influential Joint Committee on Human Rights. The committee's conclusion threatens a constitutional crisis for Labour, which has tried to bury the issue ever since the European Court of Human Rights ruled in 2005 that inmates should have the vote”.
Votes for prisoners: time for action not words Former prisoner John Hirst, one of those primarily responsible in forcing the government to change its stance on voting rights for prisoners, highlights the government’s delaying tactics, which may well have serious consequences at the next General Election risoners may hold the key to the legal validity of the next General Election, the Joint Committee on Human Rights (JCHR) concluded in its Annual Report published on 31 October 2008. The JCHR, which is made up of two MPs from each of the three main political parties and two members from each in the House of Lords, is charged with the task of monitoring and reporting upon the government’s response to judgments in the European Court of Human Rights. In the Prisoners Votes Case, the JCHR accuses the government of a ‘reluctance to deal with this issue’.
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The government claims: “The implementation of the Hirst judgment is a sensitive and complex
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issue and we need to look very carefully at what the right approach should be and how it should be implemented”. However the JCHR states that my case is legally straightforward but politically difficult, and that the government is being unreasonable with the delay of legislating to allow at least some convicted prisoners the vote. The JCHR cites, for example, that both Ireland and Cyprus have passed Bills to allow all prisoners to vote; the implication being that these countries have not found it politically difficult at all.
What we have here is a political hot potato. The campaign was supported by the former LibDem leader Charles Kennedy, and when asked by the Daily Mail whether he supported Ian Huntley getting the vote he said that he did. All of a sudden his drink problem made him an unfit leader and he was replaced by Menzies Campbell and Nick Clegg went against what the LibDems had voted for as policy, which is that all prisoners should have the vote. Nick Clegg went on to become the leader of the LibDems and is only in favour of some prisoners getting the franchise. This position is also shared by the Tories and Labour. It means that on this issue there is no effective opposition to the government. In my view, the government has erred and complicated the issue by worrying, not for the first time, what the Sun says and what the Daily Mail will write. However, it is worth
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reminding ourselves what the ECHR said in its judgment: “There is, therefore, no question that a prisoner forfeits his Convention rights merely because of his status as a person detained following conviction. Nor is there any place under the Convention system, where tolerance and broadmindedness are the acknowledged hallmarks of democratic society, for automatic disenfranchisement based on what might offend public opinion”. In ‘Bricks of Shame’ Vivien Stern wrote: “There are supposed to be ‘no votes in prisons’ and no political prizes for doing something about them. Any politician brave enough either to tell the truth about them or grasp the nettle and try to change the way they are run is likely, so it is believed, to run into difficulties with public opinion. Yet the evidence that exists does not support the view of a vindictive public thirsting for more and harsher punishment”. When the Suffragette Movement campaigned to get women the vote, they came up with the motto “Deeds not words” in response to Parliament wishing to talk about the vote rather than actually give women the vote. Similarly, the government decided to embark upon two public consultation exercises to determine whether prisoners should get the vote. However, this did not form part of the ECHR judgment in my case. Rather, I had pointed out the failure of Parliament to debate the issue. All the government has to do is draft a Bill for prisoners’ votes so that Parliament is able to debate the issue. I am bemused that the government tried stalling for time. Prisoners are masters when it comes to passing time. The time is up for the government. As far as prisoners are concerned, now is the time for action not words.
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Comment is, extremism. Terrorists in prison; hmmm, isn't that the best place for them? So I'm not exactly worried about that idea; having looked after whole prisons full of terrorists in Belfast then I'm sure the Government has the mechanisms to deal with that problem.
Muslims Rule! Lifer Ben Gunn wonders whether Muslim prisoners ‘organising’ is solely around their religion o the Prison Service and Prison Inspectors are worrying about Muslims ‘organising’ in Belmarsh and Whitemoor. This could be a profoundly good thing - anything that unsettles the balance of power has the potential for positive change.
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a hark back to the 'good old days', because cons sticking together has always been an iffy concept, however since the introduction of the IEP Scheme the system has found it much easier to spilt us apart from each other and punish organisations.
As is usual with anything relating to Muslims and Islam these days, the concerns being voiced are confused. Are these concerns about Muslims organising? That is, is this the usual worry about any type of prisoners organising? Or is this a worry about Islamic extremism? That is, is this a concern about terrorism? Or perhaps it is both?
This is why I instinctively cheered when I read about the Prison Service's concerns. If it worries them, then it means that (at long last) some cons have found a common bond around which they can gather and campaign. They have found something greater than their immediate concerns and because of that, lifted themselves out of the subjugated role of 'prisoner'. That is a good day in my book.
I have always banged the drum about prisoners organising and exercising 'soft power' to resist the excesses of the modern prison system; all the more so in relation to Dispersals. This isn't
Having found a common bond, the question must be - what is their common cause? I understand that our masters are worried that the common cause may be political Islam, that
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Cr
Or is that idea just the usual popular paranoia over Muslims? Perhaps the shared idea isn't terrorism at all, but the idea that Muslims in prison are at the crappy end of the race relations experience? Is the beef that being a largely visible minority and Muslim meaning that their experience of prison is even worse than for the majority of prisoners? In an age where Muslims can be offered ham sandwiches during Ramadan and where one prison refuses to allow them to pray in groups larger than three, I can appreciate that any such complaints may have a basis in reality. If this is the case then there is the potential for real change in the situation. When a quarter of the nick is so obviously unhappy, it raises the spectre of prisoners exercising their inherent 'soft power' - prisons only work with our cooperation, remember? And as Gandhi discovered, the word 'No' can cause an awful lot of difficulties for the rulers.
... the question is: are the Muslims reaching out to all the other cons, because all the cons in these places are being squeezed by the system? Or are they organising solely around their religion?
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If the Prison Service lives up to past experience, it will attempt to deal with unhappy cons by the usual method of screwing down tighter on them. This tends to be the sign of managers who have little confidence in their abilities; it is a signature move of panic. It's short-term thinking at its best - refuse to deal with the problems we complain about and instead silence the complainers. This is a management philosophy that Homer Simpson would be proud of and the worst way to deal with a disaffected group, especially one where there is a fear that extremists may gain a larger foothold. If a group has legitimate complaints then to dismiss them, to suppress them, is a known
method of pushing people right into the arms of extremists. The alternative would be for prison managers to co-opt the complaints. Let them breath, accept that the way these people feel may have some legitimate basis in the experiences they have every day on the landings. Admit that things might be better. If Muslims are issued forbidden food in their holy month, and restricted in their prayers, then I can only imagine the smaller daily insults that the prison dishes out. There are channels that already exist for this prisoners' councils, race equality impact assessments etc. At best they are usually a managerial panacea; they are essentially ignored. If managers took these things seriously for once, then everybody could win. Allowing disaffected prisoners to play a greater role in the way their lives are run reduces their disaffection. Prisoners are happier because their problems are addressed and managers are happy because there is less of a threat to good order. The paranoid will be happier, because it marginalises those at the extreme. Not to do these things only fosters a greater sense of injustice and plays into the hands of stupidity. Disaffected Muslims could make this process easier for managers. Governors are a nervous breed and being faced by a mob of cons only makes them panic, but if these prisoners were to form a 'representative association' under the rules, list their complaints and offer solutions; organise themselves professionally - then governors may keep enough of a grip on their fears long enough to actually listen. It's a long shot, but it might be worth a try. Never having experienced the joys of either Belmarsh or Whitemoor, I have to accept what I hear from others - that they are places where the only time cons voices are heard are when they are screaming after being bent-up. So the question is: are the Muslims reaching out to all the other cons, because all the cons in these places are being squeezed by the system? Or are they organising solely around their religion? This carries the risk of causing huge friction between different groups of cons and because of that, all efforts to push for change will fail amongst the mutually destructive warfare. It would be self-defeating and play into the hands of managers. They do enough divide-and-rule games, so why inflict it upon ourselves? This development could be the seed of a greater movement; a shift in the tide that has seen prisoners being fragmented. I hope that the opportunity for change isn't wasted by either prisoners or managers. Ben Gunn is currently resident at HMP Shepton Mallet
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Insidetime December 2008 www.insidetime.org
of these communities and informed the instincts of even those on the wrong side of the law.
hat has become of prison revolts in the British prison system? Where now are the open expressions of collective anger and solidarity that fuelled the uprisings and jail riots of the 1960s, 1970s and 1980s and created the iconic images of Hull 1976 and Strangeways 1990? What happened to the spirit of revolt that used to periodically shake the British long-term prison system and engender a philosophy of prisoner empowerment and solidarity; a philosophy that situated the struggle of prisoners at the very forefront of the universal struggle for human rights and even social revolution?
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Has the British prison system now become so responsive to and accommodating of the rights of prisoners that revolt and protest has been rendered unnecessary and redundant? I think not. In fact British jails are now more chronically overcrowded than ever before and inmates virtually ‘warehoused’ in conditions and under regimes probably worst than they were twenty years ago. The despair and misery created by such conditions is reflected in the rates of self-harm and suicide that are inexorably growing, along with the length of sentences now dished out. And like never before the treatment of prisoners is increasingly influenced by a political climate and manipulated public mood supportive of even greater repression and revenge. Yet nowhere, apparently, is there a spirit of solidarity and organised resistance amongst prisoners that was so evident twenty years ago; no-where the readiness to fight back and literally raise the roof in protest. Instead of defiance, there seems now only passive acquiescence and an acceptance of conditions and forms of treatment that previously would have mobilized disobedience and revolt. Silence in the face of intolerable oppression is a disturbing phenomenon: in conditions of extreme cruelty the will to resist is inherently human and wholly characteristic of a healthy and intact human spirit possessing integrity unique to our species. Why then has the militancy that seemed to characterize the behaviour
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During the 1980s and 1990s, the Thatcherite onslaught tore the heart and soul out of working class communities and transformed them into wastelands of depression, hopelessness and defeat, and bred a generation of young people saturated with cynicism, alienation and absolutely no memory of a time when principles like solidarity, community and mutual support defined working class identity. Even the more proletariat forms of property-related crime, which in a way represented a sort of elemental form of class warfare, gave way to a more viciously entrepreneurial drug crime based on crude capitalist principles and contempt for poor communities and those who inhabit them.
Factories of repression John Bowden considers that prison revolt and protest has been rendered far from redundant of long-term prisoners, especially, towards the prison system, been replaced by conformity and submission? The prison system in terms of methods of control, prison architecture and design, has developed significantly since the last major prison uprising at Strangeways in 1990. Before the Strangeways revolt, the physical space of most large prisons was more or less controlled by the prisoners themselves and scrutiny and close supervision of that space by the jailers was difficult and haphazard. Apart from punishment/segregation units, most prisoners were housed in large wings where they were allowed to circulate freely and create a certain degree of autonomy of physical space; complete oversight and surveillance was impossible and control often tenuous, and where incidents of protest were sparked
off they tended to spread without containment, developing a momentum that reached into most areas of the prison. Large group solidarity was a common feature of life in the long-term prisons and was reflected in the balance of institutional power which dictated that the co-operation and goodwill of prisoners was a vital and necessary prerequisite of relative control. Changing the physical architecture of prisons was to become a key component in the state's strategy of eradicating large scale protest and seizing back control of physical space. In Scotland, where bloody revolts had convulsed the prison system during the 1970s and 1980s, a massive building programme transformed the old open-plan halls and galleries into new ‘super wings’, enormous structures where space is divided and sub-divided into small self-contained units holding under 50 prisoners; all closely monitored and observed in small manageable groups. This separation and concentration of prisoners into small groups under almost microscopic surveillance effectively prevents and undermines the potential for large-scale disturbances by quickly identifying and weeding out ‘ringleaders’ and containing and isolating conflict when it occurs. By transforming the physical space and design of jails, institutional power has shifted back in favour of the guards and removed the spectre of mass prison uprisings. On the whole, the prisoners who revolted and fought the system during the most turbulent decades of prison protest, the 1960s, 1970s and 1980s, were products of close-knit industrial working class communities with strong traditions of trade union organization and militancy; solidarity and mutual support were the life blood
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Drug dealing is a uniquely capitalist form of crime involving massive profit for the few and immense misery for the many, and is informed by a rejection of the sort of values or codes of the old criminal fraternity …never grass, resist authority, and never hurt ‘one's own’. Modern drug dealers, in attitude and mentality, are the absolute antithesis of what were working class villains and their way or strategy of doing prison time is also radically different - collusion and co-operation with prison regimes has replaced defiance and resistance, and the fighting spirit that sometimes gave rise to a noble vision of positive change and reform; from the flames of revolts like Strangeways came manifestos of radical reform and an understanding and imperative that prisoners are as deserving of full human rights as any other human being. Today those sort of noble aspirations seem to have given way to a mood of defeat and conformity. What then are the chances of defiance and militancy re-emerging amongst large groups of prisoners and re-defining their current relationship with prison authority? The inexorable drive towards greater incarceration and the construction of virtual penal cities in the form of massive ‘Titan’ jails will eventually result in whole chunks of the poor and disadvantaged population being walled into factories of repression; sooner or later that repression, no matter how sophisticated and well-organised, will meet with resistance. There has always been a cyclical quality about protest, revolt and resistance, both in prison or outside in the wider world, and periods of quiescence and absolute social control are always fragile and essentially dependent on people co-operating in their own subjugation as opposed to control being imposed by force and coercion alone. As the South African Black consciousness activist Steve Biko once said: "The greatest weapon in the hands of the oppressor is the minds of the oppressed themselves". John Bowden is currently resident at HMP Glenochil Scotland
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