the National Newspaper for Prisoners & Detainees a voice for prisoners 1990 - 2016 A ‘not for profit’ publication / ISSN 1743-7342 / Issue No. 199 / January 2016 / www.insidetime.org An average of 60,000 copies distributed monthly Independently verified by the Audit Bureau of Circulations
29 Getting the balance right ‘Two quid a day doesn’t give you a lot of scope … ensuring that we produce good meals for prisoners is important’
36 Terry Waite writes
32 Inside Sport ‘Tyson Fury is attracting a lot of public interest ... and, love him or loathe him, he is the Champion of The World’
“Wherever you are make the best of this New Year. Keep cheerful and I do hope you find some peace and happiness in 2016 ”
HAPPY NEW YEAR TO ALL OUR READERS
News images from 2015
FIFA President Sepp Blatter and FIFA itself have been engulfed in a deepening corruption scandal.
Lewis Hamilton celebrates winning his third Formula 1 World Title at the US Grand Prix on October 25, 2015.
Refugee crisis: the defining image of 2015 130 people were killed in a series of terrorism attacks in Paris on November 13, 2015.
A police officer carrying the lifeless body of a 3 year-old boy, near a beach resort in Turkey, on September 2, 2015.
Prince William and Kate, Duchess of Cambridge and their newborn daughter, Princess Charlotte on May 2, 2015.
The Rugby World Cup final between New Zealand and Australia on October 31, 2015. The All Blacks won 34 -17.
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If you would like to contribute to Mailbag, please send your letters (including your name, number and prison) to ‘Mailbag’, Inside Time, Botley Mills, Botley, Southampton, Hampshire SO30 2GB.
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Was the tender for 3 visitors centres offered unfairly? Transgender prisoners: ....................................................................................................... you are not alone NAME AND DETAILS WITHHELD
the national newspaper for prisoners published by Inside Time Limited, a wholly owned subsidiary of The New Bridge Foundation, founded in 1956 to create links between the offender and the community.
There are suspicions a tender was awarded unfairly by the Northern Ireland Prison Service, dropping two organisations who provide services to families at three prisons.
a voice for prisoners 1990 - 2016
Inside Time is wholly responsible for its editorial content. Comments or complaints should be directed to the Managing Editor and not to New Bridge.
NIACRO and Quaker Service have supported families who themselves are suffering a silent sentence, in enabling them to visit with as little stress and in as friendly an atmosphere as possible. Both are cross community groups who are highly thought of by the numerous children and families visiting. Services provided include play areas, snack bars, transport, support groups and other types of direct support to families.
Board of Directors Trevor Grove - Former Editor Sunday Telegraph, Journalist and Writer Dr Peter Bennett - Trustee, New Bridge Foundation and former Governor of HMP Grendon Geoff Hughes - Former Governor, Belmarsh prison
These organisations have between them over 70 years’ service to the prison. Quaker Service was one of the first, if not the first, in the UK to set up a Visitor Centre in the grounds of the Maze prison, then moving to Maghaberry in 1989. The service grew and was then put out to tender without any competition. NIACRO came on board at Magilligan and Hydebank and the two worked together tirelessly to support families. Until this week.
John D Roberts - Former Company Chairman and Managing Director employing ex-offenders Louise Shorter - Former producer, BBC Rough Justice programme Alistair H. E. Smith B.Sc F.C.A. - Chartered Accountant, Trustee and Treasurer, New Bridge Foundation
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After many months of waiting, the prison decided to put a single tender out for the services, instead of 3 individual ones for the 3
prisons. NIACRO and QS worked together and submitted a very good tender, but after all their years of service and after being messed around for so long, the prison awarded the tender to an unknown organisation. There are rumours that the single tender and the spec within the tender was written in such a way it enabled this other company, with no previous experience of supporting families visiting prisons, to be eligible to apply. There was no reference to previous experience required, something which formed, I believe, a large part of previous tenders. There were rumours back in May that the prison was ‘courting’ another company to apply. The prison has made no secret of our reduced budgets and the perception is, within certain prison staff that the tender was scored in such a way to mark the NIACRO and QS bid down, so that a ‘cheaper’ company could take over. Their scores were higher? How could they produce a tender to even match the joint one produced by QS and NIACRO? With no previous experience or financial history - seems strange. We understand that there are many staff facing redundancies, any time is bad, but right before Christmas is horrendous. Never mind the impact to families.
Inside Time appoints Erwin James as it’s new Editor Rachel Billington OBE Novelist and Journalist
Eric McGraw
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“As a life prisoner in the 1990s I remember well the introduction of Inside © a not Time into prisons. For the profit first time ever it not only organisation gave prisoners a voice but also an invaluable source of reliable information about prison issues. Since then under the expert editorship of the paper’s founder Eric McGraw, it has grown considerably and become a required monthly fixture on wings and landings, enjoyed by prisoners and by many readers outside prison, including students, lawyers and tabloid journalists. Over the years I was an occasional contributor: I was in prison, but I was free to think and free to write. In my wildest dream I even imagined that if I worked hard enough at thinking and writing
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John Roberts Publisher and Director
Noel Smith Author, Writer and Former Prisoner
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Correspondence Inside Time, Botley Mills, Botley, Southampton, Hampshire SO30 2GB. Accounts & Admin: Inside Time, P.O.Box 251, Hedge End, Hampshire SO30 4XJ. 01489 795945
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one day I might make it as a journalist - and then against the odds I made it as a columnist and feature writer for The Guardian. Since my release eleven years ago after serving 20 years, I’ve written for many publications, including Radio Times, The New Humanist, The Big Issue, The Daily Mirror - and still occasionally Inside Time. My first thought when I heard there was going to be a vacancy for the Inside Time editor’s desk was, ‘That would be my dream job.’ I’m deeply honoured to have been chosen from the candidates who applied and I will do my best to uphold and maintain the values and standard of editorship that Eric so admirably set.” Erwin will commence his role as Editor from the February issue of Inside TIme. Meanwhile he interviews Michael Spurr, National Offender Management Service (NOMS) Chief Executive on page 29
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Prison Law and Crime - LMJ Solicitors
..................................................... D GRAY - HMP HULL I feel the need to write this letter due to the sad news of Vicky Thompson, the transgender prisoner who died in November. I have just read an article by Baroness Barker who is calling for the government to review the treatment of trans-prisoners, and I think it is fantastic that someone is finally taking notice. Especially in a year in which we have met Caitlyn Jenner, we’ve had a sit-com that starred a trans actress Rebecca Root, and at the very end we see the much hyped Hollywood film The Danish Girl. I guess what I am trying to do is remind such people that they are not alone. I myself am in the very early stages of being a trans-woman. I haven’t changed my name, I’m still on the NHS waiting list to be assessed and I don’t yet own a single item of clothing but I don’t give up hope. Here at HMP Hull I feel extremely lucky. We have an understanding and equality-minded governor who can be approached openly with any problems. Sadly, we also have some less open-minded staff members who can belittle, or even ask very uncomfortable questions. I just want to remind my trans brothers and sisters that if you ever experience anything like discrimination from staff or other members of the prison community just think …’It isn’t their fault, people naturally fear change’. To me, transitioning is the most frightening thing I have ever done or am still to do. The realisation that your past life was…well, a lie, the fear of losing loved ones and friends, to be rejected by society, and so much more is very scary. Luckily people like Kelly Maloney and Thomas Beatie show us that there is hope. Eddie Redmayne and Michelle Visage remind us that we can have friends. TV shows such as Boy Meets Girl, Hollyoaks and most other soaps help to educate on the matter. It was only a few months ago that I tried to take my own life for those very reasons, as I thought I had to suffer in silence and that I was sick. People wouldn’t want to listen to my problems, and if they did it was only so they could take the mickey. But I’m happy to say that I was wrong and most staff and prisoners wanted to help. Thanks to most of the people here at HMP Hull I now have a lot more confidence. News from the House page 35
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Complaints are ignored and lost
..................................................... JAMIE DISLEY - HMP EXETER I write further about the fire at HMP Albany that HMP Isle of Wight, along with other agencies, have covered up. I know for a fact that the prison stopped all prisoners’ letters going out about the fire. I have just transferred from there and this is my first opportunity to tell people about it. On the evening of the fire, prisoners were left in a burning building for over 45 minutes because governors refused to evacuate until the fire was out and fire exit keys could not be located. Several prisoners were taken to hospital for smoke related injuries, with a few being flown to Southampton hospital by coastguard helicopter. Since then there has been a rooftop protest because of the constant lock-up owing to staff shortages - this also went unreported. Both of these incidents happened because of lack of staff and a bad attitude by governors and staff. The fire allegedly cost £5 million in damage and the wing has not been reopened. The rooftop protest closed another wing for 12 weeks and allegedly caused damage of half a million pounds. Treatment of prisoners at HMP Isle of Wight is an absolute joke. Any prisoner who maintains their innocence gets put on the Basic Regime even if they were Enhanced before getting here. I have also witnessed an inmate take emergency action to save another inmate’s life by giving him CPR until a defibrillator was ready. Paramedics told staff that this man is only alive because of the CPR he received, but staff and governors did not even acknowledge this prisoner’s heroic action.
If you would like to contribute to Mailbag, please send your letters (including your name, number and prison) to ‘Mailbag’, Inside Time, Botley Mills, Botley, Southampton, Hampshire SO30 2GB.
Star Letter of the Month Congratulations and a £25 cash prize for this month’s Star Letter.
‘Prison and healthcare didn’t give a toss!’
..................................................... NAME SUPPLIED - HMP BIRMINGHAM I write in response to the Star Letter in your November issue from Vera Woodhall about PSI 2015/017 ‘prisoners assisting other prisoners’.. When I was in HMP Oakwood a few months ago there was an 83 year-old man moved onto the wing because our wing had a wheelchair-friendly cell. Everyone was wondering what he might be in prison for and, because of his age, we figured he was a sex offender. Because he was in a wheelchair he needed a carer so I was asked if I would like the job. I told the officer that I was happy with the job I had but to help them out I would get his meals, clean his cell, etc. until they could find someone else. Six weeks later I was still helping but they kept adding other little jobs for me to do for him. One morning an officer came to my cell and said ‘I am giving you the heads up that you are going to be asked to become his full-time carer because (1) nobody else wants the job, (2) nobody likes him because
of what he is in prison for, and (3)security have cleared you for the job.’ The officer then advised me to say ‘No’ when asked if I wanted the job as it should be up to healthcare to deal with things like this. I told the officer that it was okay as security would never clear me for the job officially as I am in prison for a violent offence, a stabbing, and the rules state that a prisoner cannot become a carer if they are/ or have been in trouble for violent offences. But, to my surprise, I was called to the office and offered the job! What made me think that I had not been properly cleared by security was because one of my jobs was to collect his medication. He was on sleeping tablets (Zopiclone), painkillers and heart pills. At this time I myself was on methadone so being able to get my hands on his tablets was like dangling sweets in front of a baby. All I had to do was take his ID card to the medical hatch and I was given his medication! I also had control over ordering his canteen! Luckily for him and the prison I am not a nasty person and I made sure he got his meds and canteen. But when it came to my release they picked another Basic prisoner to take over and I trained him up. I then found out that my replacement was stealing his meds, canteen and using his phone pin number credit. Basically the prison and healthcare didn’t give a toss about this man and handed his care over to whoever could fill the gap. On the day I left an officer came to me and said ‘You do know that you’ve been caring for a nonce for the past 8 months?’ I think he was hoping I would go and give the old man a slap. I reported this officer.
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Contents Mailbag ............................................. 2-9 Newsround .................................... 10-17
Give prisoners iPads ...................... page 11
Diary .............................................. 18-19 Comment ....................................... 20-24 Ombudsman ........................................ 25 Education ............................................ 26 Inside Justice ...................................... 27 Prison Reform Trust ............................. 28 Interview ............................................. 29 The Rule Book ..................................... 30 Drink and Drugs .................................. 31 Inside Sport ......................................... 32 House of Lords debate ......................... 33 News from the House ................... 34-35 Terry Waite Writes ............................. 36 Short Story .......................................... 37
PRT Writing Competition: Kibi by James
Legal ............................................. 38-41 Legal Q&A ..................................... 42-43 Books .................................................. 44 Wellbeing .......................................... 45 Inside Poetry .................................. 46-47 Jailbreak ........................................ 48-51 National Prison Radio ......................... 52
There is a lot of discrimination, teasing and bullying by some staff and civilian workers and complaints by prisoners are ignored and ‘lost’. It is about time something was done about this corrupt and secretive prison. I pity anyone still there or anyone waiting to be transferred there.
If you would like to contribute to Mailbag, please send your letters (concise and clearly marked) to ‘Mailbag’, Inside Time, Botley Mills, Botley, Southampton, Hampshire SO30 2GB. Please note letters for publication may be edited.
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If you would like to contribute to Mailbag, please send your letters (including your name, number and prison) to ‘Mailbag’, Inside Time, Botley Mills, Botley, Southampton, Hampshire SO30 2GB.
COLIN CAMPBELL - HMP WOODHILL
DAVID MITCHELL - HMP WAKEFIELD
n I recently tried to order bedding from Argos (an approved catalogue of the prison system) and was told that I have to buy my bedding from the prison canteen. The bedding sold by the prison canteen is two-to-three times more expensive than any sold by Argos.
n I am writing in agreement with Mr Gorringe (November issue) who complains about tobacco prices in prison going up several times a year. There was a price increase on Amber Leaf tobacco in April of this year, then another 13p was added due to the budget. So Amber Leaf tobacco stood at £4.53p (bearing in mind that the average prison wage is around £7). Then in August there was another increase of 20p on every half-ounce packet bringing the price up to £4.73. So it seems strange Mr Gorringe reports that at HMP Hull they are paying an extra 26p on each one ounce pouch when here at Wakefield we are paying an extra 40p - £9.46p for a one ounce packet!
When I queried this the reply I received was - ‘Prisoners are only allowed to purchase bedding from the prison canteen because of the particularly high fire standards that apply to the materials used.’ But, strangely, prisoners are allowed to purchase clothing, towels, face-cloths, in fact, we are allowed to purchase a whole range of items made from many different fabrics from catalogues - it would seem that the only proviso is as long as the supplier is not in competition with the prison canteen. © prisonimage.org
Why the overpriced canteen items? D G - HMP BELMARSH n I am responding to a letter recently about the increasing tobacco prices in prison. Of course it is obvious to anyone with a modicum of sense that we are being held to ransom by a greedy grasping monopoly of private companies who just love milking every single penny they can out of us, aided by those exploiters in NOMS and the MoJ. A bunch of carpetbaggers who know that we cannot go anywhere else to spend our cash on the essentials we need, such as toiletries, phone credits, tobacco, stationary, bedding and clothing. It makes me puke that they know they can take advantage and get clean away with it. Just like the private companies who get their work done by prisoners and pay them pennies for it instead of getting it done in the outside world where they would have to pay the minimum wage. The canteen suppliers get away with illegal practises that they know would not be tolerated in the outside world and it seems ironic that they do this in the very places people are sent for breaking such laws. They sell us out of date goods, charge for items they don’t provide, sell multipack items as separate, and put up prices whenever they feel like it. They are nothing but criminals and should be serving prison sentences themselves. It is an outrage that this stinking and corrupt practise is allowed to go on without so much as a murmur from the people who are supposed to be our example of a ‘straight’ society. No wonder so many prisoners come out of prison and reoffend, they probably think what is the point of going straight as every official body they come into contact with in jail is ‘at it’ - from the toothless IMB, who turn a blind eye to malpractice and brutality, to the governors who allow their charges to be exploited, to the psychologists and probation officers who blatantly lie and falsify reports, and the private money-hungry companies who rip them off at every opportunity. The lessons we learn in prison is that the so-called examples of what we should aspire to be, are nothing but rule-breakers, law-breakers and not that different to us. What lessons should we take from that?
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According to Prison Service logic all other outlets in the country are selling goods that put their customers lives at risk, but the prison system so cherishes us as prisoners that only the best is good enough for us! I think the truth of the matter is that somebody is making a profit from this monopoly and they should stop looking after their own greedy self-interests and stop pretending that they are interested in health & safety whilst lining their own pockets. Instead of constantly lying to us perhaps they should try setting an honest example for a change. Stop preaching and start doing.
..................................................... JON WALDRON - HMP HUMBER n Prisoners across England & Wales are forced to purchase items or products from the monopoly of DHL as a government company called 3one3 Solutions. In previous letters to Inside Time by various inmates across the prison estate NOMS have replied by stating that the canteen is run as a not-for-profit enterprise and all profits are reinvested, which I find hard to believe! But now there is a twist in this tale. Recently I decided to top up my toiletries so purchased a bottle of Head & Shoulders shampoo at £2.79, an Aqua fresh toothpaste at £1.65 and Imperial Leather soap at 66p. The products arrived and I placed them on my shelf. It was only later I noticed a difference in size compared to the same products I had previously bought. I checked the stated volume of these products and noticed a 25ml difference in each product or less. There was 20% less product in the soap and toothpaste and 10% less in the shampoo. This is legalised deception. Prisoners are being ripped off as we are forced to buy these items from one supplier at inflated prices and receiving less product just for good measure! So, not only are we working like slaves for peanuts and being forced to buy from a monopoly, but we are forced to buy more often as products run out more quickly. This is illegal and disgusting and steps need to be taken to stop these immoral practices. I thought the UK government was against slavery, monopolies and dictatorships, or is that only when they are not profiting from them?
There has been only one price increase this year on Amber Leaf sold outside in the community and that was the 13p put on by the Chancellor at the budget, so why are we, the most disadvantaged financially, being ripped off? I asked NOMS about this and they say that it is the tobacco company putting its prices up and it has nothing to do with NOMS! Is it really the fact that this company have decided, with no input from NOMS, to charge prisoners higher prices simply because we cannot purchase our goods elsewhere?
Writes Prisoner Retail (canteen) allows prisoners to order and purchase items such as tobacco with their own funds - earned and private with limits set locally by prison Governors. There are normally 2 price increases per year for tobacco products. The first is in March following the Chancellor’s Budget and the second is due to an annual Manufacturers Price Increase (MPI). The timing of this second increase varies for individual manufacturers. For example Amber Leaf was subject to a price increase in September this year and Gold Leaf in October. We currently have a pending increase from Gawith Hoggarth due to take place in January 2016. NOMS operates the retail contract on a cost neutral model with no subsidies. We aim to cover the direct costs of running canteen from the sales of products and no retail funds are used to support the general operation of NOMS. Selling prices for items on the National Product List are generally set at the manufactures recommended retail price (RRP). If circumstances allow prices may be set lower, but they will not be set higher than the RRP. This does mean, however, that comparisons with prices in the community may be misleading as many large retailers have the power to contract their suppliers in a way that Prison Retail cannot. Nevertheless, we will continue to work with our commercial partners to negotiate the best prices, will continue to buy in bulk where possible and will continue to look for alternative, cheaper products to ensure that the ranges remain both competitive and affordable.
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If you would like to contribute to Mailbag, please send your letters (including your name, number and prison) to ‘Mailbag’, Inside Time, Botley Mills, Botley, Southampton, Hampshire SO30 2GB.
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Violent security staff
........................................................................................................ STEVE KIDD - HMP LOWDHAM GRANGE
Murder at Dartmoor
..................................................... MARTYN PEARCE - HMP DARTMOOR After a recent murder here at HMP Dartmoor in the kitchen I have noticed a huge change in attitude amongst prisoners. Before they worked out who the killer was, we had 26 murder suspects banged up and allowed no contact with anyone until they had been interviewed and ruled out by the police. This process dragged on and must have been a frightening time for those accused. What they didn’t receive, in my opinion, was a support network at a time when they clearly needed one. Many of them did not want to return to their jobs in the kitchen, some witnessed the actual killing and the effect of that will be everlasting for some. I see bullying in prison every day and some prisoners can get hurt over owing chocolate or stamps, but drugs are the biggest problem here. ‘Legal highs’ are the in-thing and it is difficult for anyone in uniform to tell who is off their heads and there are no tests. These people have no idea what they are doing whilst under the influence and I fear someone may be killed again. Do we need further murders in order to get things changed?
SCC
I write in complete support of Mr Kendall’s letter ‘Sinking Fast’ December 2015 issue concerning the deterioration of HMP Lowdham Grange, and feel I am well placed to go even further. The prison has recently been slated for the over-use of force used by security staff. A prisoner on my wing had been removed by 8 large officers who then laid into him directly outside the window of my cell. I heard him audibly tell them 3 times that he could not breathe but the staff piled on to him laying on him and holding him around the neck. Only when I banged on my window from my wheelchair did shame and fear of exposure make them stop. This just goes to show which way this prison is heading. This has been a decent prison with many good staff but it is being ruined by uncaring management who couldn’t run a bath.
Creative progression thanks to PET
..................................................... DWAYNE SAMSON HMP HIGHPOINT SOUTH I would like to thank Prisoners Education Trust (PET) for supporting and funding the National Extension College (NEC), Creative Writing (NEW) Distance Learning Course. I am currently enrolled on this course. The course has contributed towards my success as I have learned the different methods of writing. In January 2013 I became involved in a radio project and completed a radio production presentation course supported by my tutor Steve Faragheve through Liverpool Community Radio (LCR). I based my programme on creative writing. I interviewed BAFTA award winning writer Arthur Ellison and worked hard ensuring the success of the programme. It was broadcast as part of the LCR timetable allowing me to make a noted contribution in the creative arts area. It would be nice to know that prisoners are using their time positively and productively instead of watching soaps on TV. I would like to thank PET again for the support they have given me and would recommend taking a writing course to anyone.
Correcting injustices
..................................................... DR GARY GRAEME JONES - HMP ONLEY & CJ BRUGE - HMP SEND We are frustrated by the difficulties experienced by all prisoners seeking legal redress to correct injustices by means of legal aid. The draconian rule changes brought in by former Justice Secretary Chris Grayling make it eminently likely that a civil servant decides on the period of incarceration rather than a judge. There are around 200 of us who have been repatriated from foreign jails to serve out our sentences in the UK. We cost the taxpayers over £6.5 million per annum as, on average, we serve an extra 3 years banged up due to a flawed calculation imposed on us by the cross-border transfer martinets at NOMS. It is unlikely that any of our number has the funds to engage a barrister other than by Legal Aid. This we have tried, but failed because of the expectation of success required by the new rules.
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..................................................... B BARNES - HMP FRANKLAND Reading the December issue of Inside Time I came across the headline - ‘POA Gives NOMS 28 DAYS to put its House in Order’. This is a stern warning of pending violence, assaults and frustrations within a crumbling prison system, a warning that should not be ignored or brushed under the carpet as scaremongering. The staff shortfall on all wings here at HMP Frankland portrays a very precarious situation and not only for prisoners but for prison staff too. They try to make the best of a very bad situation. Tensions and anxieties are going to explode into more prolonged negative behaviour, even cases of self-harm and suicide will rise, as will assaults.
If NOMS cannot get their house in order after years and years of blatant disregarding of the warning signs, then how the hell are they going to do it in 28 days? Gross incompetence Does there exist a legal ‘angel’ amongst your and neglect is the order of the day. We all learned friend readership? A barrister willing know that this is not going to happen and is to undertake our cause pro bono? Perhaps a doomed to failure. It is not rocket science, recent graduate of the Bar still waiting for decrease the prison population starting with their first brief? If so, either of us are willing to IPP prisoners. NOMS13:03 need to get a grip. p2p.pdf 1 15/12/2015 give instruction to a solicitor of your choice on Before it’s too late. a legal visit at our respective locations.
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‘NOMS need to get a grip’
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Main gate to HMP Wormwood Scrubs
Rebuild the prison system, not the prisons
...................................................................................................... JOHN GRAHAM - QUALIFIED THERAPEUTIC COUNSELLOR & FORMER PRISONER The fact is that the local prisons built in the Victorian era remain perfectly functional for the purpose they were designed for: to provoke ‘contemplation’ of how someone ended up in such a drastic situation. All Victorian local prisons - in particular the London ones - are architectural masterpieces of functional design whose foundations and solid structure could never be replaced by a modern equivalent; indeed, modern builders don’t have the skills to build anywhere near the equivalent of these establishments, many of which utilised the labour of the prisoners themselves to contribute to their construction and each one therefore has a detectable ambience bordering on a sense of ‘Presence’ that each resident can become intuitively aware of, giving these establishments the status of venerable institutions that can stimulate residents for personal reformative self-effort and thereby make progress as human beings. Indeed, it is the futile prison regime that needs to be demolished and ‘rebuilt’ rather than selling off the actual buildings that serve the purpose they were built for as effectively to this day as when they were first built; the very buildings themselves being the most potent of all reformative interventions for the instilling of self-motivation for personal rehabilitation.
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If you would like to contribute to Mailbag, please send your letters (including your name, number and prison) to ‘Mailbag’, Inside Time, Botley Mills, Botley, Southampton, Hampshire SO30 2GB.
Bah Humbug!
..................................................... J SMITH - HMP LOWDHAM GRANGE As Christmas approached I found myself struggling more than ever with the realities of prison life. As a father to three small children it hit me harder than ever that I was away from them again at this special time; that I missed another magical day. All that I had to look forward to here at HMP Lowdham Grange was a miserly piece of processed turkey meat and some hard, cold vegetables covered in a cold congealed excuse for gravy. Yet I tried to balance out this misery and desperation with the thought that my children would be having a lovely time; that they would be happy and excited and would be revelling in the joy and magic of Christmas and the traditions that accompanied it. Traditions and magic that I wanted to try and share with them - such as festive decorations and Christmas trees on the wings. Even though I didn’t get one of the pathetic 12 places available on a Christmas ‘Dad’s Day’ in a prison that holds over 1,000 prisoners, despite the fact that we couldn’t have a family photo taken because of ‘security concerns’ and that my children couldn’t send me homemade cards that had glue on them, I thought we could at least share the joy of a Christmas tree. I wanted to feel that this gloomy, dismal place had some festive spirit I could share with my children. So where was the tree? Where were the decorations? Apparently we didn’t get any this year, as a minority of Muslim prisoners complained that
they found it offensive and what’s worse - the prison agreed! Did I complain when the prison provided special ovens and flasks to keep their food hot during Ramadan? Did I complain when they sang loudly into the evening when fast was broken? Did I complain when they received bags of special food to celebrate their religious holy days? No, it was important to them and the prison helped them to celebrate. Nor do I complain during the multitude of activities planned and carried out during Black Awareness Week, when Jewish prisoners get special kosher meals and every meal contains an element of halal food. I have no problem with anyone else’s religion. I do have a problem, however, when others don’t show me the same courtesy and allow me to celebrate festivals that are important to me. This is not equality, this is discrimination and it would not be allowed against any other religion. However the powers that be at Lowdham Grange are so afraid of upsetting the minority and risking being called ‘racist’ that they refuse to see that that is exactly what they are being! This is one of the few prisons that still have an ‘Equalities Officer’ but clearly a more appropriate title would be ‘Minorities’ Officer’. It seems you are not allowed to upset anyone in here - except Christians. All I asked for was the symbol of Christmas, so that for a few moments a day at that most miserable time of year, I could look upon it and imagine the one in my front room that my children decorated and would be looking at. How is that offensive to anyone?
Preventation is always better than cure however it seems even harder to apply the sentiment when you’re in prison. The reported cases of clinical and dental negligence during confinement is on the increase. Whether it is due to a lack of resources or inept practitioning there is no excuse if your health has suffered physically or mentally, as a result you could be due 1000’s of pounds in compensation. Negligence may not just affect you now it could have painful or expensive repercussions far into the future which is why you need expert, experienced advice to secure the compensation which is due to YOU. As one of the countries leading personal injury lawyers Michael Jefferies have been successfully representing prisoners in cases of clinical and dental negligence for many years. We have won compensation from 100’s to 1000’s of pounds all on a NO WIN NO FEE basis. If you feel you’ve been badly treated, misdiagnosed or kept waiting for an unacceptable amount of time contact us now and we will get the compensation you deserve.
Call: 0161 925 4155 I Click: jefferies-solicitors.com I email:
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Recall: A significant paradigm shift
..................................................... PAUL STELLATO - HMP BIRMINGHAM I would like to alert your readers to a significant legal case to be heard on the 9th of February 2016, R (Stellato) v The Parole Board. Currently the courts have been following the Lords decision in (West) that if you are recalled illegally or unjustifiably you are still legally held in prison. The House of Lords resigned from that position in (West) at Para 74 in R (Black) v Secretary of State for Justice (2009). Lord Brown asserted that ‘It would not be lawful to recall a prisoner unless he had breached his license conditions’. My case should clearly establish that everyone recalled has been assessed with the incorrect test as Article 5(4) gives you the right to challenge your detention and the test has to be wide enough to cover the breach. If you have not breached your license conditions then you are entitled to compensation. If successful, it will mean that everyone who has been recalled is a victim of violation of Article 5(4) if it can be shown that the court which laid down the statutory test was made per incurium. The logic and reason is with me, I conducted the research myself, and although that is only one of my grounds it may significantly alter the recall landscape. I am further advancing vis-a-vis D cat, that a governor cannot change your categorisation if you have been released as a D cat as everyone who is recalled is presumed in law to be innocent or not to have breached their license until the State has proven it was breached and if you have to wait for an oral hearing or proceeding to Judicial Review it would be sub judice. So, not only are you not precluded from D cat on recall (PSI 40/2011: sec 5.3) but also the governor cannot claim that you did breach your license. After I win my case on the 9th of February you should seek a new hearing before the Parole Board, or sue for damages for breach of Article 5(4) because you couldn’t effectively challenge your detention so claim damages for false imprisonment. The level of financial damages for 6 months is roughly £35,000, but with a diminishing amount thereafter - see Evans, para 7 {R (PB) - v - SSHD (2008). I hope the above information is useful to your readers.
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Early Release Scheme
..................................................... TONY MARSH - HMP RYE HILL Justice Minister David Ford’s Early Release Scheme, introduced on June 1st 2015, seems to have been heralded as a success with the recent release of 13 prisoners serving what constitutes a ‘lesser offence’. The scheme is indeed a milestone towards the reform of the prison system in reducing overcrowding. Mr Ford, however, stated that sex offenders, terrorists and life sentenced prisoners would be excluded from the scheme. What a sweeping statement to make! Is it right that the scheme should be limited to consideration of only those serving a prison term of a ‘lesser offence’? Any offence that warrants a prison sentence is obviously going to be of a serious nature to facilitate the incarceration of the guilty person. Figures show that 58% of adult prisoners serving shorter sentences for ‘lesser offences’ reoffend within one year of release. It is not only those convicted of ‘lesser offences’ that can be assessed as ‘presenting a low risk of reoffending’ but also those convicted of categories not contained within the realm of a ‘lesser offence’. Mr Ford unfairly tars, for example, all sex offenders with the same brush. My level of risk reoffending is 1.1% over two years, reducing to 0.8% over four years, yet even with a low risk of reoffending Mr Ford is excluding people like myself from being included in this scheme. Justice Secretary Michael Gove, on 17th of July 2015, made a speech on prison reform and confirmed the plans concerning early release for prisoners. His comments were targeted at prisoners that were motivated to working towards qualifications. He stated - ‘I am attracted to the idea of earned release for those offenders who make a commitment to serious educational activity, who show by their changed attitude that they wish to contribute to society and who work hard to acquire proper qualifications, which are externally validated and respected by employers’. Mr Gove does not appear to endorse Mr Ford’s determination to exclude other offenders from the scheme, as it is likely to apply to most of the 86,000 prisoners serving fixed term sentences. The scheme should encompass every prisoner within the system so that each can be judged on their individual merit, risk of reoffending, behaviour and compliance, instead of being brushed aside and labelled unworthy purely due to the ‘category’ of their conviction.
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Smoking Spice led to serious health issues
........................................................................................................ BRET FOX - HMP LINDHOLME I am writing as a warning regarding so-called ‘legal highs’. When I was released from prison in November 2014 I had started to smoke Spice. I was that bad on it that I was unable to motivate myself to any work or much of anything. Since coming back to jail I have given up smoking Spice but I now have a lot of health issues related to smoking this stuff. I have a permanent catheter because I am unable to pass urine in the normal way. I would like to warn all prisoners to stop smoking Spice as soon as possible because there are hidden health issues. I have now trained for the substance misuse team in order to mentor other prisoners at Lindholme who are still taking these terrible drugs. Alarming increase in ‘legal highs’ in prison page 13
Thanks to the Tax Academy
....................................................................................................... MUHAMMED KARIM - HMP STOKE HEATH I would like to thank Inside Time for contacting Paul Retout from the Tax Academy regards my HMRC claim. The issue has now been satisfactorily resolved. I would like to say that the Tax Academy provides an excellent service and thank them for successfully appealing my tax bill and achieving a substantial repayment. After many letters to HMRC, who never replied, they stepped in and had the issue resolved within 3 months. I would advise anyone who has paid too much tax to contact the Tax Academy for resolution.
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Parole Board telling ‘porkies’
..................................................... NAME WITHHELD HMP ERLESTOKE
‘Playing Russian roulette with lives of disabled prisoners’
..................................................... ANDREW GOUGH - HMP OAKWOOD As a disabled prisoner in HMP Oakwood who has a full-time carer due to spinal conditions and also having heart failure, cardio myopathy and acute angina, I am absolutely disgusted with G4S staff. On Sunday 27th September 2015 at 1.21pm I pressed my emergency cell bell. I fully admit that I did not press it for an emergency reason, but staff were not to know that. It was 25 minutes before any member of staff strolled up to my door to see why the bell had been pushed. I have completed the non-effective complaints procedure about this matter, and submitted two COMP 2 forms asking the same questions - are we safe in this prison as disabled prisoners, and why did it take so long for staff to respond to an emergency bell? All I’ve had back are meaningless platitudes such as ‘Your care whilst in custody is of paramount importance’ but they ignore the question of why it took so long to respond. If it had been a massive heart attack, a stroke or even a fall I would probably be dead now - with a death certificate reading ‘natural causes’. If disabled prisoners who are wheelchair bound have a fit or a stroke then who is going to come to our assistance? HMP Oakwood is playing Russian roulette with the lives of its disabled prisoners.
Insidetime January 2016 www.insidetime.org
If you would like to contribute to Mailbag, please send your letters (including your name, number and prison) to ‘Mailbag’, Inside Time, Botley Mills, Botley, Southampton, Hampshire SO30 2GB.
I read recently in Inside Time (November issue) a comment from Sir David Calvert Smith, Parole Board Chairman, saying that some people are waiting up to 6 months for a hearing. The target for my parole hearing was March 2015 and I am still awaiting a date. There are many other lifers and IPPs in the same situation. I have written to the Parole Board on four occasions but only my fourth letter received a reply, possibly because it was addressed to Sir David personally. The backlog was explained and I was advised that February 2016 is being listed but no guarantee could be given. It looks as though I will be at least 12 months past my target date, or longer if it happens after March. I cannot foresee any reduction in the waiting time for a hearing, so my previous 18 month knockback looks like being 2 years in reality. So I have decided to take on a litigation solicitor to claim compensation under Article 5 of the HRA. I urge anyone in the same situation to do the same. Then we might see a shake-up in that failing logistics department at the Parole Board and they can stop telling ‘porkies’.
How am I a Foreign National?
..................................................... JUNIOR BAYODE - HMP MOORLAND To summarise my personal situation, I was born in Germany on the 29th of January 1993 and came to the UK with my mother as an infant when I was 9 months old. I have neither travelled nor been to any other country since I arrived in the UK over 20 years ago. My past, my present and my future is firmly rooted in British soil, hence why I am struggling to understand why I have been served with a deportation order to a country I have never been to - Nigeria. I concede that this is where my mother is from but she has lived in the UK since 1993. The Home Office have disregarded everything about me; from my childhood to the relationship I have with my partner of 4 years, to the bonds between myself, my mother and siblings, and all for what? To achieve a target? I understand that the Home Office must consider many factors when they make such decisions, but it appears they only misconstrue and even invent factors that work in favour of their pursuit, to reduce net migration at any cost, regardless of the devastation they cause and the human rights they breach. I was distraught when I read on the order that I can only appeal AFTER my deportation. I may not have been born here but all I know is the British way of life. Offenders’ right to family life will not prevent deportation page 11
No answer to emergency cell bells - a solution
........................................................................................................ RICHIE HUXLEY - HMP WYMOTT I have been an avid reader of Inside Time during my incarceration over the last decade and often think of solutions to try and solve some of the problems my fellow prisoners face. The latest being a simple answer to the mailbag by TJ Watts of HMP Notts ‘Natural causes on death certificates’ (December issue), regarding the length of time it takes some officers to answer emergency cell-bells when it is possible that a prisoner might be having a stroke or heart attack. With all the technology available in this day and age each cell should be fitted with a memory chip inserted into the box housing the bell and officers should have a special key that can turn off the alarm. The memory chip could then record the time that the bell was pressed and the time it was switched off. Time is a factor in these cases and if a death were to occur, as they quite often do, then the Coroner would be aware of whether natural causes was aggravated by lack of care. Officers who allow cell-bells to be ignored should be held to account for negligence.
Parole Board Hearing? IPP, Lifer, Standard, Licence Recalls. Independent Adjudication? Sentence Wrongly Calculated? Oral Hearing? - Tariff Reduction? Appeal against Sentence or Conviction? Second Appeal through the CCRC?
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Failing to respond to complaints
..................................................... BIULAL ZAHEER AHMAD HMP WAKEFIELD From personal experience, and what I have witnessed, prisons sometimes fail to respond to complaints submitted by prisoners. Requests for responses are often ignored, which may leave the complainant thinking they have no further recourse such as the PPO (Prisons & Probation Ombudsman), which normally requires completion of the 2-stage internal complaints procedure before the complaint becomes eligible for investigation by the PPO. However, if the prison does not respond to your complaint, there is further recourse to the Ombudsman. Paragraph 20 of the Ombudsman’s terms of reference states: ‘The Ombudsman will consider complaints for possible investigation if the complainant is dissatisfied with the reply from NOMS or UKBA or receives no final reply within six weeks (or 45 working days in the case of complaints relating to probation matters).’ When you submit a complaint, the business hub should record a digital copy for auditing purposes. So, if throughout the years in prison you have ever submitted a complaint which has not been responded to (previous to 6 weeks for now) you can request the Ombudsman to consider it for investigation.
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Insidetime January 2016 www.insidetime.org
If you would like to contribute to Mailbag, please send your letters (including your name, number and prison) to ‘Mailbag’, Inside Time, Botley Mills, Botley, Southampton, Hampshire SO30 2GB.
Letters of the month
Letters to the Editor December 10 2015
Will Michael Gove’s planned reforms founder, as have so many good intentions in the past? Sir, Your series about imprisonment and Michael Gove’s reform agenda exposes two critically important issues. First, whether we want a prison system that might help us to reduce crime and therefore protect communities; and second, whether we can support politicians who are courageous enough to seek to do that, and avoid caricaturing as “soft on crime” efforts to treat prisoners decently and make their time inside more constructive. Having worked in and around prisons for 23 years, I am convinced that we can make imprisonment more effective. Prisons, much more often than they do now, can reduce crime and turn around the lives of offenders. Michael Gove is not the first justice or home secretary I have known who has wanted to do that. But too often in the past good intentions have foundered due to a poverty of debate and sometimes a lack of political courage. I have huge optimism that will not happen this time. Sir Martin Narey Director general, Prison Service 1998-2003 and CEO, National Offender Management Service 2003-05
..................................................... Sir, Decades of malaise have led to unsafe and ineffective institutions, so Michael Gove has no shortage of people telling him what is wrong with our prison system. However, the absence of decency and humanity highlighted in some of our jails by Nick Hardwick, the Chief Inspector of Prisons, cannot be addressed overnight. Drug trafficking and abuse cannot simply be blamed on so-called “new psychoactive substances” which have actually been around for years. Gove is backing up his rhetoric on reform by action. Unpicking some of the decisions of his predecessor, Chris Grayling, has been a popular beginning. Shutting prisons such as Pentonville and Holloway is more controversial but is a gateway to wider cultural change and better treatment of women. The proposals for foreign national prisoners and others at the end of their sentences are equally bold and necessary. They will not put the public at risk; years of mismanagement have already done that. John Podmore Professor of applied social sciences, University of Durham, and former prison governor
..................................................... Sir, To imprison more than 85,000 people in a system designed to house a fraction of that number is not only a waste of taxpayers’ money, it is immoral. Prisons should not just be places of punishment but places of
Mailbag
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NOTICE BOARD
redemption where men and women are enabled to change their lives and attitudes so that they can return to their families and communities to make a safe and positive contribution to society. Today many prisons, far from being places of redemption, are places of corruption and danger, despite the best efforts of many well motivated staff. Faith communities have a significant part to play in the rehabilitation of offenders. We look forward to working closely with the justice secretary in reducing the numbers of people who return to custody through our work in prisons and beyond the prison walls. The Right Rev Richard Moth Bishop of Arundel and Brighton, and Catholic Bishop for Prisons
..................................................... Sir, The replacement of Chris Grayling by Michael Gove has brought with it an understandable sense of relief by those of us who care about penal reform. However, as a former prison governor, current chair of the Friends of HMP Grendon and vice-president of the penal charity New Bridge, I am acutely aware of the problems that persist in our jails: overcrowding, legal and illegal drugs, lack of education, work and training, and chronic understaffing after stringent budget cuts. Your reports have shone a much-needed light on the parlous state that remains behind bars and the awful daily reality faced by both an ever-dwindling number of prison staff and the still-too-high prison population.
Thrilling performances unbounded An exciting young chamber orchestra from East London is looking to bring their art into prisons. Project Instrumental (PI) is a chamber orchestra devoted to creating exceptional, life-enhancing performances of contemporary and classical music, for anyone. Built around an ethos of connection, communication, creativity and openness, inclusivity is central to PI and, registered as a charity earlier this year, they recognize the importance of reaching areas where access to and performances of such music is rare or unusual. Initially, PI are looking to establish partnerships with prisons in London and the South East, to share their unusual, forward-looking combination of skill, imagination and inspiration in performances, with a view to developing participatory workshops and events that offer other creative ways to engage and interact. More information about PI can be found on their website projectinstrumental.org. Any thoughts, interest and comments are welcome via email to
[email protected].
By all means let’s embrace the possibilities that seemingly now exist for change but, as your reports make clear, the penal system needs resources being managed by appropriately trained staff to make a real difference, rather than just optimism. Professor David Wilson Centre for Applied Criminology, Birmingham City University
..................................................... Sir, I hope that the “Gove revolution” (“Thousands of prisoners to have jail terms cut”, Dec 9) does not mean that those foreign inmates will simply return back to the UK to commit further crimes. Our porous borders will undoubtedly ensure that many do return, as life in Britain (even in prison) is far better than living in their own countries. This is probably why only 68 prisoners since 2011 have taken the opportunity of serving their sentence in prisons in their own countries. Conditions may be bad in UK prisons, but they are luxurious in comparison to many prisons abroad. John Berry Retired prison governor, Countesthorpe, Leics
..................................................... Sir, I have only recently been able to afford an iPad (“Give homesick prisoners iPads so they can stay in touch”, Dec 10). Like everything else in my life, except my house, I saved up for it. I have never committed a crime. Perhaps that is where I have gone wrong? Elizabeth Kidd Nairn, Highland
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Newsround
Insidetime January 2016 www.insidetime.org by drugs debts, most prisoners felt safe. There were good systems in place to tackle violence and support for victims was good.
THE INSPECTOR CALLS ...
Management of learning and skills was good and employed prisoners could spend 10 hours a day out of cell, however Inspectors found 25% of prisoners locked in cells during the working day some of which, they say, was due to staff shortages; there were not enough activity places.
Nick Hardwick - HM Chief Inspector of Prisons Inside Time highlights areas of good and bad practice, along with a summary of prisoner survey responses at HMPs Maidstone and Wealstun. These extracts are taken from the most recent Reports published by HM Inspectorate of Prisons.
HMP Maidstone
Since the last inspection in 2011 Maidstone had changed from holding mainly men convicted of sexual offences to a training prison holding foreign nationals convicted of criminal offences. 90% of prisoners are deported upon release and although designated a ‘Resettlement Prison’ Inspectors found it had ‘comparatively few resettlement resources and a very weak focus on this key responsibility’. They said that management of resettlement was poor as was the general quality of Offender Management.
Category C foreign national male prisoners Managed by HMPS CNA: 565 Population: 552 (August 2015) Unannounced Full Inspection: 3-14 August 2015. Published: 08 December 2015. Last inspection: September 2011
The report says that ‘Learning and skills management, prisoner assessment and allocation to activity were not good enough and the Ofsted inspectors said that the provision of learning and skills required improvement.
SAFETY: Reasonably good RESPECT: Reasonably good PURPOSEFUL ACTIVITY: Not sufficiently good RESETTLEMENT: Reasonably good
The prison environment was good and relationships between prisoners and staff were positive and the prison was a reasonably safe place with good support for new arrivals.
‘Unsure of its role in preparing prisoners for release and managing their risk’
Responses to 162 returned prisoner questionnaires 2.3% IPP/Life Prisoners 10.4% Aged over 50 9% Do not understand English 67% Treated well in Reception 28% Had legal letters opened 46% Food is bad or very bad 36% Don’t know who IMB are 80% Treated with respect by staff 41% Number who have felt unsafe 25% Victimised by staff 71% Difficult to see dentist 28% Easy to get drugs 23% Not engaged in any purposeful activities 32% Less than 4 hours out of cell 17% Don’t get visits
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Security was proportionate and levels of violence was low. Drug taking was low, according to drug test results but there was evidence of the use of new psychoactive substances. Disciplinary procedures, including segregation and use of force were managed to an ‘adequate standard’ although Inspectors found weaknesses. In summing up Nick Hardwick said; ‘ … outcomes in a number of key areas were seriously lacking. This was especially so in the key area of reducing the risk of reoffending and preparing prisoners for a return to their communities. This serious shortcoming must now be unambiguously addressed by both NOMS and local managers working in partnership’.
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HMP Wealstun
Category C adult training and resettlement prison for men. Managed by HMPS CNA: 810 Population: 803 Announced Full Inspection: 17-28 August 2015. Published: 09 December 2015. Last inspection: August 2011 SAFETY: Not sufficiently good RESPECT: Reasonably good PURPOSEFUL ACTIVITY: Reasonably good RESETTLEMENT: Reasonably good
‘A well run prison, but new psychoactive substances causing problems’
Responses to 191 returned prisoner questionnaires 12.2% IPP/Life Prisoners 5% Sentence less than a year 6.4% Prisoners on Recall 53% Have children under 18 90% Treated well in Reception 25% Had legal letters opened 30% Food is bad or very bad 43% Don’t know who IMB are 89% Treated with respect by staff 26% Number who have felt unsafe 19% Victimised by staff 68% Difficult to see dentist 51% Easy to get drugs 14% Not engaged in any purposeful activities 19% Less than 4 hours out of cell
Nick Hardwick said, in his report, that Wealstun was well led and dealing with challenges better than similar prisons; however the availability of new psychoactive substances, especially Spice, was very high and had serious effects on the health of prisoners and the safety of the prison. The prison was responding vigorously to the drug problem. Prisoner/staff relationships were friendly but challenging when necessary and the environment was satisfactory with basic services delivered efficiently. Despite high levels of violence, mostly low level and caused
In summing up, Nick Hardwick said; ‘HMP Wealstun was dealing with significant challenges that affected outcomes for some prisoners. Nevertheless, it was dealing with these challenges better than most and much of its work compared very favourably with other similar prisons. It is a concern that even a well-run prison like Wealstun was struggling to cope with the supply and use of NPS - and this indicates the need for national action to deal with it. It is a credit to the prison that despite this threat, it was able to provide a safe and decent regime for most of the men it held.’ Recently published HMCIP Reports Aylesbury - October 2015 Bullingdon - October 2015 Cookham Wood - September 2015 Feltham - November 2015 Humber - November 2015 Isle of Wight - October 2015 Lancaster Farms - September 2015 Lowdham Grange - November 2015 Liverpool - October 2015 Maidstone - December 2015 New Hall - October 2015 Rye Hill - December 2015 Standford Hill (Sheppey) - November 2015 Stocken - November 2015 Wealstun - December 2015 Wetherby - Keppel Unit - August 2015 Copies of the most recent report for your prison are available in the library.
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PRISON LAW DEPARTMENT Catherine McCarthy All aspects of criminal law, including Appeals/CCRC/Confiscation Orders.
All aspects of prison law, including adjudications, parole, DLP, categorisation, Judicial Review
CIVIL DEPARTMENT Tafadzwa Chigudu
Legal aid available for Housing problems, due to your remand or looking forwards towards release. Including threat of possession of your home and advice on eligibility for local authority housing following release.
FAMILY DEPARTMENT Jennifer Mundy
All aspects of matrimonial and children disputes, including proceedings involving the Local authority. Divorce, domestic violence, cohabitation and Civil partnerships. All aspects of financial disputes.
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Newsround
Insidetime January 2016 www.insidetime.org
Disturbance at HMP Winchester ‘quickly resolved’
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The things people say…
A recent disturbance at HMP Winchester, a Category B adult prison in Hampshire, has left 6 staff injured and 12 prisoners dispersed to other jails. The Ministry of Justice said that about 20 prisoners on the prison’s B-Wing armed themselves with tins in socks and became involved in the disturbance on Sunday the 13th of December.
© prisonimage.org (amended image)
A nurse required hospital treatment for minor injuries, but returned to duty and 5 other staff were hurt but did not require hospital treatment.
Government adviser: ‘Give prisoners iPads’ Prisoners should be given iPads to be able to work and video call their families, an adviser to the Ministry of Justice has said. ‘Technology could help improve a prisoner’s numeracy and literacy skills as well as helping them to maintain family relationships’, said Sir Martin Narey. The use of such technology would make the time prisoners spend in their cells more constructive, the former head of the prison service told The Times. “We could look at giving prisoners iPads in their cells,” he said, recalling a fear that existed when he first joined the service in 1982 around allowing inmates access to telephones and radios. He added: “They were worried about having telephones on wings, but prisoners should be Skyping or Facetiming their children. We should use technology for education and to maintain family ties.” The proposals are being considered by Justice Minister Michael Gove, The Times reported.
“More women should be sent to prison in order to make them equal to men” Conservative MP Philip Davies speaking during a parliamentary debate in November 2015. He added: “Somehow the fact that hardly any women are in prison in the first place seems to be a problem. If there is to be true equality, this cannot be allowed to continue”. Some facts a Member of Parliament should know: The number of women in prison nearly doubled between 1993 and 2005. There are over 2,000 more women in prison today than there were twenty years ago.
A Prison Service spokesman said; ‘We do not tolerate violence in our prisons. Those responsible for violence face spending longer behind bars.’ He also stated; ‘This was quickly resolved by staff and all prisoners responsible have been moved to other prisons. The police are also conducting an investigation.’ The reason behind the disturbance is unknown at the moment, though recent reports on the prison system as a whole cite staff shortages, heavy budget cuts and the proliferation of so-called ‘legal highs’ for the rise in violent incidents in our jails.
Most women entering prison under sentence (82%) have committed a non-violent offence. In 2014, 41% of women entering custody under sentence was for theft and handling stolen goods. The House of Commons Justice Select Committee, following its Inquiry into women offenders, concluded that “Prison is an expensive and ineffective way of dealing with many women offenders who do not pose a significant risk of harm to public safety” and called for “a significant increase in residential alternatives to custody as well as the maintenance of the network of women’s centres’ seen as more effective and cheaper than short custodial sentences”.
Offenders’ right to family life will not prevent deportation The right to family life will be drastically curbed when used as a ploy by foreign national offenders and terrorists to avoid deportation, under proposed changes to human rights laws. Judges will be urged to give greater priority to public safety than allowing criminals to Rights being drawn up by the government. However, in a shift, the draft bill will maintain all key provisions of the European Convention on Human Rights and not suggest withdrawal from it, as originally proposed. In particular, there will be no dilution of the right under article 3 not to be tortured or subjected to inhumane or degrading treatment - so any serious foreign offenders at genuine risk of torture will not be deported. The draft, to be published shortly, will appease most critics who feared that human rights protections would be removed. It is the culmination of five years of disagreements and debate over what to do about the Human Rights Act. Key changes in the new Bill include putting in statute the sovereignty of parliament as a fundamental democratic protection against the ECHR. Where there is a clash, as with the Strasbourg court ruling on prisoner votes, the UK will hold its ground and manage any tensions through diplomacy. The aim is for a short consultation document with a draft Bill next spring.
12
Newsround
Insidetime January 2016 www.insidetime.org
Howard League report reveals rising levels of punishment in prison
The things people say…
the Howard League for Penal Reform Almost 160,000 days - or 438 years - of additional imprisonment were imposed on prisoners found to have broken prison rules last year, says a report published by the Howard League for Penal Reform on 23 November. ‘Punishment in Prison: The world of prison discipline’ looks at how jails in England and Wales operate disciplinary hearings called adjudications, where allegations of rulebreaking are tried.
© prisonimage.org
Jails for older prisoners Specialist detention centres should be built for older prisoners, Nick Hardwick, the Chief Inspector of Prisons said, as the number of prisoners aged above 60 exceeds 4,000 for the first time this year, double what it was a decade ago. Nick Hardwick said many jails were so overwhelmed by the complex needs of elderly people in prison that the Government should consider creating secure care homes for those who were no longer a risk to the public. ‘I met a man with dementia who didn’t really know where he was so what was the point of him being in prison. There are some people so frail they can no longer be a threat’, he told The Times.
Europe in fresh call for prisoner vote Failure to act on a directive to give prisoners the vote has led to the government being given a dressing down by European officials. The Council of Europe, which deals with enforcing rulings by the European Court of Human Rights has criticised British ministers for failing to take action to enforce its ruling. However it has granted the UK a year to come up with plans on how to deal with the ruling that its blanket ban breaches human rights laws.
pa Se ge e 45
The latest statement from Europe, expresses “profound concern” that the blanket ban on the right of prisoners to vote remains in place and reaffirms the UK’s obligation to abide by judgments of the Court.
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APPROACHABLE UNDERSTANDABLE ACCESSIBLE
The hearings, which cost between £400,000 and £500,000 a year in total, mainly concern disobedience, disrespect or property offences, which increase as prisons lose control under pressure of overcrowding and staff cuts. A prisoner found guilty at an adjudication can face punishments ranging from loss of canteen to solitary confinement and extra days of imprisonment. The report reveals that the number of adjudications where extra days could be imposed has increased by 47 per cent since 2010. The number of extra days imposed on children has almost doubled in two years from 1,383 in 2012 to 2,683 in 2014 - even though the number of children in prison has almost halved. The rise in the number of adjudications has come at a time when prisons across England and Wales are struggling to overcome problems caused by a growing prisoner population, chronic overcrowding and cuts of almost 40 per cent to frontline staffing. Violence and self-injury in prisons are at their highest levels in a decade. In addition, there have been eight suspected homicides during 2015 - the highest number in a calendar year since current recording practices began in 1978. Frances Crook, Chief Executive of the Howard League for Penal Reform, said: “The system of adjudications has become a monster, imposing fearsome punishments when people misbehave often as a result of the dreadful conditions they are subjected to. “This bureaucratic, costly and time-consuming system of punishments then further feeds pressure on the prisons, creating a vicious cycle of troubled prisons and troubling prisoners. “The principle of independent adjudication where liberty is at risk is an important one. But prisons have come to rely too heavily on the threat of additional days. The Ministry of Justice should curtail the use of additional days in all but the most serious cases.”
“I’m calling for a total and complete shutdown of Muslims entering the United States until our country’s representatives can figure out what is going on” US Presidential hopeful Donald Trump speaking on the campaign trail in December 2015. The billionaire tycoon’s antics have rarely been out of the headlines since he announced he was running for the Presidency in June 2015. ‘The Donald’, as he is now known, has been accused of mocking a disabled reporter, making jokes about Jews, and doubting the existence of Muslim American sports heroes despite meeting Muhammad Ali several times. In January 2011 Trump began to cast doubt on Barack Obama’s birth certificate and early life. He said in a speech: ‘Our current President came out of nowhere. I’ll go a step further: the people that went to school with him, they never saw him, they don’t know who he is! Trump repeatedly challenged Obama to make his birth certificate public, which the President did in April 2011. The birth certificate confirmed Obama was born in Honolulu, Hawaii, and made no mention of religion. Trump claimed he was a Muslim. Meanwhile Trump claimed that British Police fear for their lives in London because some areas were so radicalised. Scotland Yard said that the Republican Presidential hopeful ‘could not be more wrong’. Boris Johnson, the Mayor of London said ‘The only reason I wouldn’t go to some parts of New York is the real risk of meeting Donald Trump.’
Prison officer jailed for selling stories to press A former prison officer has been jailed for two years and four months for selling stories to newspapers about Jon Venables, James Bulger’s killer. He was paid more than £40,000 for 45 stories published by The Sun, News of the World, Daily Mirror, Sunday Mirror, Daily Star and Daily Star Sunday.
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Insidetime January 2016 www.insidetime.org
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Expenses watchdog is using loophole to avoid naming MPs Parliament’s expenses watchdog is using a procedural ploy to hide the identity of dozens of MPs who have been investigated for misusing public money.
Alarming increase in ‘legal highs’ in prison frontline staff reported 54 serious incidents that related to NPS: Nearly half resulted in a prisoner being admitted as a patient to prison healthcare or hospital; six incidents involved inmates acting violently and assaulting prison officers; and four incidents involved prisoners assaulting other prisoners. New figures released in November by addiction charity RAPt (Rehabilitation for Addicted Prisoners Trust) show an alarming seven fold increase in the number of people in prison asking for help with new psychoactive substances (NPS), also known as ‘legal highs’, compared to one year ago. Frontline staff from the charity, based in 26 prisons across the country, recorded 87 prisoners as using NPS in April-September 2014 compared to 622 in the same period in 2015. In addition, the charity’s serious incident reporting process showed significant levels of violence and health problems as a result of NPS. In a three month period (April, May, June 2015) across nine prisons RAPt
According to statistics from the National Offender Management Service, prison seizures of Spice have increased from 15 in 2010 to around 737 reported in 2014. RAPt is calling for a dedicated drug recovery wing in every prison. This is where prisoners are committed to a drug free environment, achieved through a combination of security, testing and incentives alongside intensive programmes that work with prisoners, with the aim of stopping drug use completely and staying drug free. From July 2014 to July 2015, 574 prisoners completed a RAPt programme and were free from drugs, 223 of which were on one of these drug recovery wings.
Under rules set by the Independent Parliamentary Standards Authority, MPs who are under investigation for unjustified or fraudulent expense claims must be publicly identified. But the organisation’s compliance officer Peter Davis has avoided naming individuals by carrying out detailed ‘assessments’ of the complaints - while denying they amount to formal ‘investigations’. The loophole has allowed Mr Davis to refer two MPs to the police over expenses fraud without ever launching a formal investigation into the allegations against them that would have triggered a public announcement. It has also allowed other MPs to avoid publicity about using taxpayer-funded websites for party-political material by paying back website domain fees to Ipsa or simply removing content from sites. According to a breakdown of cases released by Mr Davis’s office in response to a Freedom of Information request, the compliance officer said he carried out 40 ‘assessments’ of allegations against politicians in 2014-15. But only one was classified as a formal investigation and therefore disclosed publicly.
Prison education standards are falling says Ofsted
Campaigners against female genital mutilation gather to deliver almost 250,000 signatures.
Police failing victims of honour-based violence Victims of honour-based violence are being failed by the majority of police forces in England and Wales. In its first inspection of the way police deal with honour-based violence, including female genital mutilation and forced marriage, a Report by Her Majesty’s Inspectorate of Constabulary (HMIC) reveals that just three out of 43 forces are properly prepared to deal with cases. And almost half are not ready when it comes to being able to protect victims. In the foreword to the Report, Sir Thomas Winsor, HM Chief Inspector of Constabulary, says: ‘Our findings show that honour-based violence, forced marriage and female genital mutilation are not yet being given the priority by the police service that victims deserve.’ More than 11,000 cases of honour-based violence have been recorded by police in England and Wales over the past five years. The true total of offences is likely to be far higher, as these crimes are often unreported.
Wrongly convicted of a crime?
Learning and skills in prisons and Young Offender Institutions are not being prioritised by many prison governors and, as a result, standards that were previously low have further declined. Although some prisons have been inspected and found to be outstanding - showing what is possible - of the other 50 inspected in 2014/2015 almost three quarters were not good. Standards were markedly worse compared to the previous inspection.
Lost your appeal?
Prison and young offender institution inspection outcomes 2014/15 Number of prisons and young offender institutions inspected in brackets Overall effectiveness of learning and skills and work activities (50)
What next? Quality of the Offender Learning and Skills Service (42)
The CCRC can look again If you think your conviction or sentence is wrong apply to the CCRC
Quality of the National Career Service provision (37)
• • •
It won’t cost anything Your sentence can’t be increased if you apply You don't need a lawyer to apply, but a good one can help You can get some more information and a copy of the CCRC's Easy Read application form by writing to us at 5 St Philip’s Place, Birmingham, B3 2PW. or calling 0121 233 1473
Based on prison, young offender institutions published between 1 September 2014 and 31 August 2015. Source: Her Majesty’s Inspectorate of Prisons and Ofsted
Prisoners in Scotland should contact; The Scottish Criminal Cases Review Commission, 5th Floor, Portland House, 17 Renfield Street, Glasgow, G2 5AH. Phone: 0141 270 7030 Email:
[email protected]
14
Newsround
Insidetime January 2016 www.insidetime.org
Africa’s obesity problem
© Fotolia.com
Is your breakfast carcinogenic? If you’re toasting bread, do it as lightly as possible; and beware the crispy roast potato. That is the latest advice from the Food Standards Agency in response to ongoing concerns about acrylamide - a known carcinogen produced when starchy food is subject to temperatures in excess of 120oC. First identified in 2002, acrylamide is created when sugars and an amino acid that naturally occur in starchy foods interact roasted, baked or fried foods, including crackers, and crisps. But according to the FSA’s research, levels of acrylamide in these foods vary widely, depending on how long they’re cooked for. In roast potatoes, for instance, the FSA recorded 490 micrograms of acrylamide per kg in the longest-cooked batch - 80 times more than in the palest. In toast, there was 19 times more acrylamide in the blackest slices than in the lightest. It’s not yet clear what a safe level of acrylamide might be: however, the European Commission is considering introducing maximum levels.
NEWS IN BRIEF
Africa’s first academic centre for the study of obesity has opened in Johannesburg, reflecting growing concern about the spread of obesity across the continent. Last year, South Africa was branded the “fattest nation in subSaharan Africa” after a study found that 26.8% of its population was obese; but other countries including the Seychelles, Botswana and Namibia are not far behind - raising fears of a major health crisis. Experts say the problem is largely the result of a move away from traditional vegetable and grain-based diets, and the adoption of more sedentary lifestyles - both of which are consequences of economic development. “We can’t stop economic development. We can’t stop economic growth, and we wouldn’t want to, but [the challenge is to] put other things in place to counter its ill effects,” said Shane Norris, head of the new African centre for Obesity Prevention in Soweto.
UKIP claim that migrants are finding new ways of getting into the country.
There is evidence that after a recent wedding anniversary one disappointed wife would have preferred cash.
Be alert to inappropriate laughter
© Fotolia.com
Coffee drinkers live longer Good news for those who can’t face the day without their coffee; a major new study has found that people who drink between one and five cups a day are slightly less likely to die prematurely than those who never touch the stuff. Researchers at the Harvard School of Public Health followed more than 200,000 doctors, nurses and other health professionals in the US for between 20 and 30 years. During that period, 19,500 of the women and 12,400 of the men died. Once the prevalence of smokers among coffee drinkers had been accounted for, drinking coffee was associated with a lower risk of death from cardiovascular disease, Parkinson’s, Alzheimer’s and suicide. Consuming one or two cups a day was linked with an 8% reduced risk of dying from any cause during the course of the study, rising to 12% among those who drank five cups. This remained the case whether the brew was caffeinated or decaffeinated. Although there’s no proof of a causal link, the researchers speculate that antioxidant compounds in coffee - lignans and chlorogenic acid - could have a beneficial effect. However, other experts were quick to stress that the key to long life is not downing endless cups of coffee, but living an all-round healthy lifestyle.
Developing a twisted sense of humour, or a liking for slapstick, may be an early indicator of dementia, new research suggests. A team from University College London interviewed the families of 48 people with either frontotemporal dementia (FTD) or Alzheimer’s (as well as a control group of 21 healthy people of a similar age) about any changes they had noticed in their relative’s sense of humour. In hindsight, relatives of those with FTD noted that, about nine years before being diagnosed, they had started to laugh at inappropriate moments, such as in response to unfortunate events: one man had laughed when his wife scalded herself. Alzheimer’s patients did not tent to develop this warped sense of humour. However, like the FTD patients, they were more likely than people in the control group to have started to find slapstick funny. “While memory loss is often the first thing that springs to mind when we hear the word dementia, this study highlights the importance of looking at the myriad different symptoms that impact on daily life and relationships,” said Dr Simon Ridley, from Alzheimer’s research UK, which helped fund the study.
Tea’s health-giving properties We consider it quintessentially British, but in the Netherlands tea is considered such a good thing that it’s served in some primary schools - and now for the first time official guidelines are urging adults to drink it as part of a healthy diet. “In the scientific literature in the last ten years, there are clear signs that drinking [green or black] tea is good for you,” said Eert Schoten, of the Health Council of the Netherlands. “Three or four cups a day reduce blood pressure, diabetes and stroke risks, so this comes as one of our 16 guidelines.”
In Oxford an investigative journalist uncovers the shadowy millionaire behind a network of animal testing centres.
© Fotolia.com
Belly fat ‘is most harmful fat’ People who are generally slim but who carry a large roll of fat around the middle are significantly more likely to die early than people who are overweight or obese but have their fat distributed more evenly, according to a major new study. The dangers of belly fat are well established; however, this was the first research into its impact on people with a normal body mass index (BMI). The scientists analysed survey results for more than 15,000 adults aged between 18 and 90 who were tracked for 14 years. They found that men who had central obesity - defined as a wider waist than hips - but normal BMI were more than twice as likely to die during the study period than those who were overweight all over. Among women - for whom central obesity was defined as a waist larger than about 90% of the hip circumference - the raised mortality rate was less pronounced, but still significant. The study didn’t look at why belly fat has this effect; however, one theory is that the “visceral” fat that accumulates around the middle may be more metabolically harmful than the ”subcutaneous” fat that gathers elsewhere.
And in America an out of control white pig avoids being shot.
‘Safe’ limits are ‘unsafe’ The Government’s chief medical officer is going to advise that the official safe limits on alcohol consumption are lowered significantly. Currently, women are advised to drink no more than two to three units of alcohol a day (equivalent to a 175ml glass of wine with an alcohol content of 13%) and men no more than three to four units (a pint of 5.2% beer). But those guidelines were issued in 1995 – and since then the link between alcohol and cancer has become far more clear. Many leading doctors now believe that the current recommended limits are almost certainly unsafe”. There is also concern that the guidance doesn’t stress the importance of having alcohol-free days. The Royal College of Physicians has called for weekly alcohol levels to be established at a maximum of 21 units for men, and 14 for women. Dame Sally Davies’s recommendations will be published next year.
Newsround
Insidetime January 2016 www.insidetime.org
15
In the last year alone... 2005. It’s called ‘Me at the zoo’, and features Jawed Karim, one of the founders, at the San Diego Zoo. l A single Google query uses 1,000 computers in 0.2 seconds to retrieve an answer. l 16% to 20% of the searches Google gets each day have never been Googled before.
© Fotolia.com
7,390,000,000
Current world population
l The world population reached 7.3 billion as of mid-2015, that’s an increase of one billion people in the last twelve years. Sixty per cent of the global population lives in Asia, 16 per cent in Africa, 10 per cent in Europe, 9 per cent in Latin America and the remaining 5 per cent in Northern America. In 2015, 50.4 per cent of the world’s population is male and 49.6 per cent is female. The median age of the global population, that is the age at which half the population is older and half is younger, is 29.6 years. About one-quarter of the world’s people are under 15 years of age, 62 per cent are aged 15-59 years, and 12 per cent are 60 or over.
137,515,500
57,600,000
Births
Deaths
World population by religion
According to a recent study (based on the 2010 world population of 6.9 billion) by The Pew Forum, there are:
© Fotolia.com
3,270,500,000
Internet users in the world
1,650,000,000,000
5.9%
Google searches
7.1% 31.5%
Christians Muslims None
15%
Hindus Buddhists Folk Religionists Other Religions Jews
16.3% 23.2%
782,825,000
Undernourished
10,746,000
Who died of hunger
1,618,310,000 Overweight
539,435,000 Obese people in the world © Fotolia.com
213,620,000,000 Tweets sent
l The term ‘surfing’ the internet was coined in 1992 by an upstate New York librarian Jean Armour Polly.
7,305,000
l The first website is still online. http://info.cern.ch
40,365,000 Abortions
1,031,000 Suicides
4,810,000
£46,680,300,000
Emails sent
Died from infectious diseases
Deaths of children under five
Mobile phone users
77,215,000,000,000
12,475,000
l 500 million tweets are sent ever day.
4,430,500,000
Money spent on computer games
© Fotolia.com
Deaths caused by smoking l ‘Gangnam Style’ by Psy is still the most viewed YouTube video. It’s been viewed over 2.5 billion times. l The first email was sent in 1971 by Ray Tomlinson to himself. He doesn’t remember what it said.
2,405,000
Deaths caused by alcohol
l The first YouTube video was uploaded April 23,
l On January 1st 2016 the internet was 8914 days old.
Facts on obesity in Britain England l just over a quarter of adults in England are obese l 3 out of 10 children aged 2 to 15 are overweight or obese Northern Ireland l 1 out of 5 adults is classified as obese l obesity and related conditions account for 20% of the health budget in Northern Ireland Scotland l two thirds of adults are overweight or obese l one third of children are overweight or obese Wales l more than half of the adult population is overweight or obese l 1 out of 5 children is classified as obese - the highest rate of any UK nation. More than a third of children are either obese or overweight.
£258,376,000,000 World spending on illegal drugs
l Ischaemic heart disease, stroke, lower respiratory infections and chronic obstructive lung disease have remained the top major killers during the past decade. l HIV deaths decreased slightly from 1.7 million (3.2%) deaths in 2000 to 1.5 million (2.7%) deaths in 2012. l Diarrhoea is no longer among the 5 leading causes of death, but is still among the top 10, killing 1.5 million people in 2012. l Diabetes caused 1.5 million (2.7%) deaths in 2012, up from 1 million (2.0%) deaths in 2000.
Days till the end of gas
13,852
l The first registered domain was symbolics.com l We now spend more time browsing the web on mobile devices than desktop computers.
Road traffic fatalities
59,278
l The first spam email was sent in 1978 over ARPNET by a guy named Gary Thuerk. He was selling computers.
l The first tweet was sent on March 21, 2006 by Jack Dorsey: ‘just setting up my twttr’
1,300,000
Days till the end of oil
© Fotolia.com
£2,598,000,000,000 World public healthcare expenditure £2,282,200,000,000 World Public Education expenditure £1,134,042,000,000 World public military expenditure l The shortest war on record took place in 1896 when Zanzibar surrendered to Britain after 38 minutes. l The longest was the
150,446
Days till the end of coal so-called 100-years war between Britain and France. It actually lasted 116 years, ending in 1453. l Since 1495, no 25-year period has been without war. l There are 92 known cases of nuclear bombs lost at sea. l Landmines cause 24,000 deaths a year. l There are about 20,000 nuclear weapons that can be fired within a moment’s notice. l Iceland has no military and no military expenditure. Source: www.worldometers.info
16
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Insidetime January 2016 www.insidetime.org
NEWS IN BRIEF
Climate change summit Delegates from 195 countries descended on Paris for the 21st UN-sponsored Climate Change Conference. It was reported to be the largest number of world leaders ever assembled with some 50,000 in attendance. The number of people on the planet has doubled in the last fifty years. While much of this growth has been in countries with fairly low carbon emissions, the sharp rise in global population (one million additional people - or one million global warmers - on earth every five days) has contributed to the increased amount of greenhouse gases. It is hard to overestimate the potential impact of rising population and increasing consumption on climate change and other environmental problems, including the declining availability of water and fertile land. On these matters world leaders in Paris were silent. It was simply the elephant in the room. After they delivered their three-minute speech (time recommended by the organisers) they boarded their aeroplanes and jetted off - using an estimated 27 million gallons of jet fuel, which released 575 million pounds of carbon dioxide into the atmosphere.
Global warming in numbers 2013 CO2 emissions Million tonnes
2013 CO2 emissions per capita Tonnes per person 10,330
China 5,300
US EU*
3,740
India
2,070 1,800
Russia Japan Germany
16.9
Australia
16.6
US
16.6 15.7
Brazil Canada Russia
12.6 10.7
1,360
Japan
10.2
840
Germany 7.5
Canada
550
UK
480
7.4
Brazil
480
7.3
Australia
At a meeting of Heads of State a historical handshake between Israel’s President and the head of Hamas is spoilt when the President of Camors insists on a selfie.
390
*Average
UK China EU* 1.7
India
Source: The Netherlands Environment Agency
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Michael Purdon Solicitor Advising prisoners nationwide since 1994
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Our excellent former Tooks Chambers barristers continue to maintain a close relationship with Michael Purdon of Solicitor, supplementing Tooks,working the London based barristers chambers Michael Mansfield a wealth of experience our specialist teams across all criminalwith and and Patrick Roche has in developed a close working relationship prison law areas. We also work closely with Central Chambers, a Michael Purdon Solicitor, supplementing the wealth of experience in Manchester chambers. bring together our ‘in house’based specialist teams These acrossrelationships all criminal and prison law highly lawyers with a passion for human rights. regarded areas.
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Newsround
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m Do you know...? l The Church of England has said that cinemas should not show any adverts that mention Christmas, in response to its own advert, promoting the Lord’s prayer, being banned. The 60-second video features lines from the prayer being sung or said by a range of people, from children to bodybuilders. Cinema ad distributions said it could be offensive to non-believers. l Student activists at Oxford have accused Lincoln College of promoting nostalgia “for an era steeped in racism” and sexism by planning a May ball styled on New Orleans in the 1920s. Lincoln has also been accused of “cultural appropriation” in its marketing of the event, which promises “amazing jazz” and “spectacular Mardi Gras”. l David Cameron is to get his own prime ministerial jet. An RAF Voyager will be refitted with seats for 160, secure
communication links and missile-detection technology, at a cost of £10m. l Tourism has been badly hit by the attacks in Paris. Ticket sales at the Louvre and the Musee d’Orsay are down 30%, and even London attractions are feeling the pinch: tickets for the London Eye fell by 32% the day after the atrocities. l 71% of people think Britain are right to carry out air strikes against Isis in Syria (up from 67% in July). 55% want Britain to commit ground troops and tanks to fight Isis in Iraq and Syria, up from 41%. l Of all the people who died in terrorist attacks in 2014, 51% were killed by two organisations: Boko Haram and Islamic State. l It takes 60-80 intelligence agents to monitor one terrorist suspect around the clock. l A five-star hotel has come under fire for paying its Santa Claus twice as much as Mrs Claus. The Celtic Manor resort in Newport,
Gwent, advertised an hourly rate of £12 for the role of Santa at its “Christmas Kingdom” - but just £6.70 for his wife. The hotel defended itself, saying that Santa had more to do and the role required “a very particular set of skills”. l For a grand Edwardian family, the Crawleys had remarkably little to do with God - but that was no oversight. Producers deliberately kept religion out of Downton Abbey to avoid alienating viewers, says Alastair Bruce, the show’s historical adviser. That’s why, for instance, you never saw the family sitting down to dinner: they’d have had to be seen saying grace. l Cherie Blair boosted the family property empire to 34 by snapping up three flats in Stockport with her eldest son, Euan. The Blairs now own 17 flats in Stockport and ten in Manchester. They also own five houses in central London and a Grade 1 listed mansion in Buckinghamshire plus a smaller house nearby. l Britain’s ponies are falling victim to the obesity epidemic. Equine welfare charities have warned that excessive pampering and lack of exercise has left four in ten British ponies overweight or obese. l 90% of British Jews support Israel’s right to exist as a Jewish state, but 73% think its approach to peace is damaging its global standing. 71% think that to achieve peace, the Palestinians will have to be granted their own state alongside Israel. 59% identify as Zionists - down from 72% in 2010. l Since the attacks on Paris, the proportion of British adults who think the UK should take in more Syrian refugees has fallen to 28% from 36% in September.
12% of 16 to 24 year-olds think honey is produced by farmers squeezing bees. A fifth think fish fingers are made from the fingers of fish. 15% don’t know that lamb comes from sheep. 9% think potatoes grow on trees.
l 67% of people who have a cleaner keep it secret from their friends; 48% of those who
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have a personal assistant don’t own up to it; 27% hide having a gardener. l President Putin’s younger daughter has a £1.3bn fortune, according to Reuters. Yekaterina Tikhonova 29 - whose identity had always been shielded from the press works at Moscow State University and is married to Kirill Shamalov, the son of one of Putin’s longtime friends. The couple’s wealth mainly derives from a stake in a energy firm that Shamalov acquired from another of Putin’s wealthy friends. l Women drivers in Iran have been warned that they may be fined, and have their cars impounded, if they fail to observe strict rules on the wearing of the hijab. A police spokesman said “trusted invisible agents” would be reporting violations; 10,000 women received warnings in a week. The action was hailed by religious authorities as a welcome contribution to “fighting prostitution on our streets”, but it appeared to contradict the more liberal attitudes of president Rouhani, who recently suggested that the law requiring hijab-wearing might soon be eased. l Just 13% of the poorest white children in Britain get a degree, compared with 53% of the poorest British Indians and 30% of the poorest black Caribbeans. l Most self-employed people are to be forced to file tax returns four times a year. In a move the paper says was “slipped out” in George Osborne’s autumn statement, self-employed workers, landlords and small businesses will be switched from annual to quarterly returns, bringing them into line with big corporations. l Around 82,000 tonnes of Brussels sprouts are grown in the UK every year. The area covered by Brussels sprout fields in the UK is the equivalent of 3,240 football pitches.
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Diary
Insidetime January 2016 www.insidetime.org
Month by Month by Rachel Billington
T
his year politics has been the name of the game. Even those who cling most determinedly to the view that ‘Politics has nothing to do with me, mate’ would have to admit that, for prisoners at least, the grounds have shifted since the General Election in May when Chris Grayling was replaced as Minister of Justice by Michael Gove. All the same, prisons face the usual problem of severe overcrowding which is the cause of most of the other problems: increasing violence, less access to what’s called ‘meaningful activities’ (a strange phrase, possibly not meaningful in itself) or delayed parole hearings and many other regulars. So will politics come to the rescue? My diary’s round-up of the highs and lows of the year maybe provides some hints, although, also as usual, I have a tendency to look for the positive.
Low
Simon Hughes, the veteran Liberal Democrat minister with responsibility for womens’ prisons is also thrown out of office. Shortly before he went, he remarked about women in prison that ’Half ought not to be there at all’. Will Michael Gove step up to the challenge?
High
High (possibly)
High/Low
Eric McGraw, founder and editor of Inside Time who is now retiring after twenty-five years, is given The Longford Trust Lifetime Achievement Award. The citation from the judges, who include Lord Ramsbotham (exChief Inspector of Prisons), Juliet Lyon (CEO of the Prison Reform Trust) and John Podmore (ex-prison governor), begins, ‘It is hard to think of another individual in recent times who has had more of a direct impact on the everyday life of prisoners…’ Michael Gove is there to give him his award. Gove listens to Michael Palin’s Longford Lecture about the effects of prison on families.
Low I visit the Supreme Court in Parliament Square where five learned Justices, led by Lord Neuberger, hear two appeal cases on the question of Joint Enterprise. The Justices decide which cases they will hear depending on the extent to which they raise ‘points of law of general public interest’. The proceedings take the
I visit Wormwood Scrubs to open a new ‘Book Room’ project which gives prisoners access to books on their wings. This is a welcome innovation but only necessary because overcrowding has made libraries more inaccessible.
High/Low In July the Six Book Challenge continues to inspire new readers with an extension of its work called Reading Ahead. The charity Give a Book clocks up a total of 5000 dictionaries given as prizes for those who have completed the task. Must be thousands more by now. Around the same time, Gove lifts remaining restrictions on sending in books to prisoners. However personal items are still barred.
High
New government statistics reveal that 46% of people entering prison have English literacy skills of a primary school leaver - three times higher than the adult population are at that level. In a speech Mr. Gove says ‘Ofsted inspection of prison education confirms that one in five prisons are inadequate for their
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Michael Gove who was dropped as Education Minister because his reforms made him extremely unpopular becomes the new Minister of Justice. He says, ‘Prison is a place where people are sent as a punishment, not for further punishments…’ Chris Grayling, who made himself extremely unpopular with prison staff and inmates alike, is moved away from the Ministry of Justice. Sighs of relief all round.
form of legal arguments rather than the normal prosecution and defence. I listen with great interest and look forward hopefully to their pronouncement. In my view Joint Enterprise convictions often seem unjust.
High
Low The Prison Reform Trust’s Autumn Briefings report on Safety in Custody, a heading which more properly should have been ‘Dangers of Custody.’ 13,730 fewer staff are looking after nearly 1,200 more people. In 2014 there were 243 deaths in custody, the highest number on record; there were also 16,200 recorded assaults in prison, over three quarters were prisoner on prisoner. Serious assaults in prison have risen by over a third in the last year as have rates of self-harm among men.
Low
Just before the General Election, Chris Grayling slips in a new Criminal Charges Bill which enforces payment at magistrates’ courts for anyone found guilty. The charges rise steeply up to £900 if a not guilty plea is made with the result that those charged have an incentive to plead guilty. 51 JPs resign in protest at this distortion of the law.
nary excellence, has written the foreword in which he stresses the importance of the training given to would-be chefs in prison... There are 100 recipes including my favourite Baba Ghanoush. You’ll have to read the book to discover the exotic ingredients.
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As usual The Clink charity comes up with something cheerful to admire with a book of hors d’oevres recipes called The Clink Canape. Albert Roux, the grand old man of culi-
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Diary
Insidetime January 2016 www.insidetime.org standard of education and two-fifths require improvement.
Low
Happy New Year from National Prison Radio
High Gove announces the closure of Holloway Prison. This follows a Chief Inspector’s noting that the Victorian prison which opened in 1842 (although rebuilt in 1971) which is supposed to hold 900 offenders now houses 1300. His team found blood-stained walls, piles of rubbish and food waste, increasing levels of violence, an absence of purposeful activity and widespread drug-taking.
Low/High
NPR’s YO Takeover goes on the road
Jonathan Aitken draws attention to the ‘dismal picture’ of so-called ‘purposeful activity.’ The last annual Chief Inspector’s reports 2014-2015 were the worst in a decade with 20% of prisoners spending less than two hours a day out of their cells.
High
From having to share personal space, to understanding the rules and regulation of the system, to not seeing your family - there are loads of things which can wind you up, and trip you up.
Art continues to engage men and women in prison. The Koestler Trust Award has more entries than ever, including my treasured red bag, admired wherever I go. At the exhibition on the Artist and Empire in the Tate, I note three portraits of Indian artisans in the eighteenth century. I also note they got their training in prison. It’s always been a good idea. So there we are. My 2015 Prison Diary. Spot the references to Michael Gove and live in hope. I wish you all a Happy New Year.
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That’s why every month on National Prison Radio, we’re going to be giving you practical tips about how to deal with things which make you feel annoyed. Because there are simple things that you can choose to do, to help you deal with difficult situations on the inside. From simple workouts in your cell, to learning to communicate in a constructive way, we’ll be talking through them all every month in Check Up, starting on Tuesday 12 January.
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There’s no doubt that being in prison is an incredibly stressful and difficult experience.
In November, Gove announces the end of criminal charges. A magistrate friend who has been involved, writes to me, ‘It does say in the poor old Magna Carta that “no-one shall be charged for Justice” or words to that effect.’ There is a sigh of relief.
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High
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Prisons should be safe places for both prisoners and staff, but sadly violence is on the rise.
I visit Gibraltar (which is part of the UK) and photograph the centuries old prison there. It was once a Moorish keep and so insalubrious that the inmates were offered a choice of serving their time in an English prison if they preferred. It is not known how many accepted the offer. The new prison, built a few years ago, sits on the edge of the great rock and has a fabulous view of the sea.
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Do you sometimes find you need a bit of help to sort out something that’s winding you up in prison? NPR can help. Starting this month, on the last Wednesday of every month you can Ask an Officer your questions. For the first time ever, we’ll have two prison officers in the studio taking questions from you on anything that’s an issue - no matter how small. Just write to us at Ask an Officer, National Prison Radio, HMP Brixton, Jebb Avenue, London, SW2 5XF. And listen in to Prime Time on Wednesday 27th January for the first edition.
In 2016 we’re going to be hearing many more voices from Young Offender Institutions around the country. Once a month we’ll be a visiting a different YO and recording an entire show behind the gates. It’s called YO Takeover on the Road and could be coming to your jail soon. NPR has already visited HMYOI Brinsford near Wolverhampton, where we interviewed Listeners and violence reduction reps from nearby HMP Featherstone. The reps are released on temporary licence to give advice to the young men at Brinsford. And the original YO Takeover from Isis is still going strong. You can hear that on the last Monday of each month. If you’d like YO Takeover On The Road to visit your prison, write to us at: YO Takeover On The Road, National Prison Radio, HMP Brixton, London SW2 5XF. YO Takeover on the Road is broadcast on the first Monday of each month, starting on the 11th of January. You can hear it at 8am, repeated at 9pm and the following Sunday at 1pm.
How long do people listen in to NPR? The answer is: longer than ever. National Prison Radio’s latest audience figures have been released, and they show that in 2015, listeners tuned in for an average 10.4 hours per week - that’s over an hour longer than in 2014. And well over one in three - 37% - tune in to National Prison Radio every single day. We also received well over 6,000 letters from our listeners in 2015, also far more than in 2014. Add to that just under 3,000 messages from friends and loved-ones on the outside, and that makes for a giant postbag. National Prison Radio is your radio station, available via in-cell TV across England and Wales.
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Comment
Insidetime January 2016 www.insidetime.org
Gove must bang judges’ heads together Reforms will stall unless we send fewer criminals to prison write Jonathan Aitken and Denis MacShane
A
s ex-Ministers and ex-prisoners, we are rare birds in the aviary of Criminal Justice commentators. Despite coming from opposite ends of the political spectrum we are united in our praise for Michael Gove’s determination to reform our penal system. He knows, as we know from the sharp end of imprisonment experience, that the old clichés of yesterday’s politics such as “Prison works”; “Lock ‘em up and throw away the key” and “tough on crime” are discredited slogans. Michael Gove’s new agenda deserves applause and encouragement, although with one caveat. For we well know that a systemic weakness in senior politicians is the delusion that once they have made a speech on a problem, they have solved it. Not so in the inertia-prone, risk averse, legalistic and bureaucratic quagmires of the criminal justice system. A bright idea floated at a Westminster think tank can take light years before it changes bad old habits on the prison wings. Michael Gove needs to be a mover, shaker and banger of political, administrative and judicial heads if his reforms are going to work.
We particularly liked the aspiration he outlined at the Howard League for Penal Reform last week when he said that on his watch he hoped to achieve a substantial reduction in the prison population of England and Wales, which now stands at 86,500 of whom 3,900 are women. But how? We suggest that two leadership groups should be targeted by Michael Gove if he is serious about this objective - legislators and sentencers. In the first four years of the Coalition government, 1,073 new criminal offences were created, on top of the 4,300 new crimes imposed in the thirteen years of the Labour government before 2010. Yet despite this inflation of new imprisonable offences, today’s crime rate of 67 offences per 1,000 head of population has remained virtually unchanged since 1982. We might get somewhere in reducing our prison population if our MPs would declare a moratorium on creating new crimes. Our sentencers have become serial jail overcrowders too. They have failed to heed the advice given to them by the President of the
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Supreme Court Lord Neuberger who in 2013 said that there was no point in sending people to prison for fewer than six months. Judges and magistrates have completely ignored their boss and keep on filling the prisons with over 37,000 short term prisoners each year. International comparisons also suggest that we have a heavy handed judiciary. German judges impose half the number of custodial sentences as British judges. French judges manage to maintain law and order by sending only two-thirds of the numbers to prison that our incarceration-inclined sentencers seem to require. Yet there are no discernible differences in the crime patterns of leading European countries. So changing the mind-set of the judiciary should be one of Michael Gove’s highest priorities. One new suggestion for doing this would be to introduce a practice known to other jurisdictions as “judicial monitoring” or “sentence supervision”. The leading UK champion of this concept is a retired judge and parole board member Judge John Samuels. In an impressive lecture last month to Nottingham Law School he reminded us that in many other countries judges regularly review the sentences of those they have imprisoned. These reviews, in effect a continuing dialogue between sentencers and imprisoned, often result in jail terms getting commuted because the prisoners are showing contrition, stopping their drug use, or tangibly changing their attitudes. To give one historical example of how this works in America: The leading Watergate defendants such as Charles Colson, G. Gordon Liddy and John Dean all had their original multi-year prison sentences commuted to terms of a few months as a result of judicial monitoring.
If the toughest of US incarcerators such as Judge ‘Maximum John’ Sirica were reviewing and shortening sentences in the 1970s, why 40 years on do our judges steadfastly resist judicial monitoring? We believe that there can be no rehabilitation revolution without a sentencing revolution. Michael Gove’s other proposed reforms such as more work and better education in prisons are admirable but they will achieve little unless prison numbers can be reduced. The most striking omission in the reform agenda so far is the failure to involve the original sentencer, whether in the Crown Court or the Magistrate’s Court, in the supervision of those whom they have sentenced. Legislators and judges cling to the restrictive practice that once a sentence has been passed, the original sentencer need take no further interest in a prisoner’s progress. This is a profound mistake. Sentence reviewing is an inexpensive and effective route to better justice and lower prison numbers. As long as British judges refuse to do this they will be an obstacle to Michael Gove’s reforms, exacerbators of the problem, rather than contributors to the solutions. Gove is well known as an admirer of Margaret Thatcher. She was not known as a bleeding heart liberal yet there were only 41,000 prisoners inside in her time - fewer than half the number under David Cameron. The Prime Minister and the shadow Justice Secretary, Lord Falconer, should work together to change the culture of incarceration that has infected politicians, judges and journalists since Mrs Thatcher left Downing Street.
Jonathan Aitken is an author, broadcaster, columnist, lecturer and campaigner for prison reform. He is a former Cabinet Minister, Member of Parliament, and a former prisoner. Denis MacShane is an author. He was Labours’ Europe Minister and a former prisoner.
This article first appeared in The Times on 12 December 2015. Mr Aitken has kindly given his permission for Inside Time to reproduce it.
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Why do we lock out children when dad goes to prison? ‘Locked out’ is a new Report by the Children’s charity Barnardo’s Javid Khan CEO Barnardo’s
To find out, Barnardo’s spoke to children about their experiences of visiting men’s prisons - through focus groups, home visits, and family visit days in three male prisons. The children and mums we spoke to asked for some key small changes. They simply want their families’ lives to be easier and get more from their relationship with dad in prison.
Barnardo’s would like to see a consistent national standard applied to these facilities, regulated by Ofsted. Children should be able to share their homework and school reading books in and out of prisons. Although certain prisons now offer homework clubs some still do not allow educational books into prison.
Number of child visits to prison (a number of children will visit prisons more than once a month or year)
Evidence shows that 45 per cent of fathers lose touch with their children while inside, but that reoffending rates are reduced by 39 per cent if strong family ties are maintained.
Crucially, Barnardo’s asks that visits with family are removed from the Incentives and Earned Privileges scheme. This would impact on thousands of families, allowing many more to have improved and extra visits and special child-friendly family visit days. The IEP scheme was tightened up in 2013 and between 2012-2014 there was a 52 per cent increase in
Above all, Barnardo’s has been inspired by pockets of excellent practice in certain prisons, including some where visits are focussed on families making them much more childfriendly. We would like the whole prison system to see family visits as a means to integrate prisoners with their families, rather than as a security risk.
Family visits are important for the children, the prisoner and society. Our research found that not enough attention is being paid to making them easier and more pleasant for children, so that families feel more inclined to keep in touch.
However, we also heard about prisons where searches are less intrusive and carried out by a friendly team - so why can’t this be the case in all prisons? Unless there is clear intelligence of smuggling, children should be treated humanely and with care during searches. Sadly too many children felt like they had done something wrong.
This is not helped by the Assisted Prison Visits Scheme, which, although meant to help, is so complex and hard to find out about, it often simply adds too much of an additional burden for mothers trying to organise visits with their children. The so-called ‘customer’ guide to applying is 21 pages long, and so much evidence is needed to make the claim that some mums told us making a claim was just too complicated and time consuming. Some were simply too depressed to cope with the paperwork.
Finally, children told us they would like to see play facilities improved and the chance to share their schoolwork and homework with dads. Lots of excellent organisations run play areas and visitor centres, often with volunteers and with the support of Governors. However availability can vary and many older children found facilities too young for them.
This is the rule, but what does the prison system actually do to promote the interests of the family?
Children told us that they found the search process intimidating. Too often security staff don’t speak to them, dogs sniff at smaller children at face level, and little ones are separated from their carer and expected to stand still on the spot during the search. We heard of girls’ hair bands being removed and taken away, nappies searched, and even breast milk being sniffed.
many families it will be increasingly difficult to travel to make visits.
Barnardo’s asks that this system is simplified and made more accessible to the families who need to use it so they can actually afford to visit.
Prison Rule 4: “Special attention shall be paid to the maintenance of such relationships between a prisoner and his family as are desirable in the best interest of both”.
Barnardo’s has found that children make over 17,000 individual visits to prisons every week. Meanwhile the Government estimates that in England and Wales, 200,000 children have a parent in prison.
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17,200 502,000 per year
41,800
per month
9,700
individual child visits per month
To view the Report ‘Locked Out: Children’s Experience of Visiting a Parent in Prison’ visit: barnardos.org.uk/ locked-out-report.pdf
per week
the numbers of prisoners on basic status (900 men) and a 16% decrease in enhanced (5,900) resulting in less meaningful contact with their father for many more children. Visits from family are not in the same category as games consoles, TVs or gym time, so Barnardo’s argues they should not be part of the IEP scheme. The guidance for women’s prisons states that children should not be penalised from visiting or contacting their mother because of the mother’s behaviour. The number of visits by children should not be restricted to service the needs of an incentives scheme. Incentives schemes should therefore never be linked to any access to family visits. We would like to see this sound guidance acted on in both men’s and women’s prisons. With Victorian prisons set to close in cities and nine new prisons being built out of town, for
Send a message to your loved one on Valentine’s Day Send your message (20 words max.) to Inside Time and we will publish as many as possible in a special Valentine’s section in the February issue. All messages received will also appear on our website. Include the name and address of your loved one and they will receive a copy of the newspaper. Entries must be sent to Inside Time ‘Valentine’ Botley Mills, Botley, Hampshire SO30 2GB. Closing date 22nd Jan and don’t forget to include your full details too! Inside Time’s Valentine’s message service is sponsored by Jailmate Cards. Why not send your loved one in prison a card ‘with a difference’. Go to www.jailmatecards.co.uk you’ll love what you see! See back page for advert.
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Life on the Sex Offenders Register is cheap Has the violent killing of a sex offender by a member of the public opened the floodgates to more wannabe vigilantes?
R
ecently on the news was the case of a woman who murdered a defenceless 77 year-old man in a vicious, planned knife attack. She was seen entering the block of flats where the victim lived, wearing a hoodie and carrying a knife. She was also armed with a wrench and a hammer. It was obviously a vicious premeditated attack with the intention of killing this poor old man. This could only clearly be a case of murder but, amazingly, the jury only found her guilty of manslaughter because - ‘there was a high degree of provocation in the attack’. What was that ‘provocation’ you may ask, as the man was 77 years old and unarmed? Had he attacked her? Had he attacked any of her children or family? No. The alleged high degree of provocation was that she had ‘learned that he had allegedly abused 3 boys’. Not anyone that she had known. Not recently either, he had been jailed several times between 1970 and 1991 for a total of 24 offences, according to the Daily Mail. The Daily Mail article was highly supportive of her actions and portrayed her as the victim, rather than the poor old man whom she murdered in cold blood. The man had been
awaiting trial for charges of sexual assault on 2 children and the paper, and the judge, were critical of the decision to bail him to an estate in Canning Town, East London. Even the prosecutor was sympathetic to the killer saying ‘She decided to take revenge on the old man for the hurt and turmoil she believed he had inflicted.’ She was eventually sentenced to a paltry 3 years, of which she will serve only 21 months. Compare this to my sentence of 9½ years for an alleged sexual assault on a consenting person. I have to serve 76 months, 55 months more than a premeditated murderer. Hardly justice, is it? When I am eventually released I will be in fear of my life, knowing that a vigilante will not be charged with murder if he/she kills me. I will not be able to be incognito as I am on the sex offenders register and the police know where I am. I know from past experience that they will be quick to inform locals that a sex offender is living nearby. The fact that any murder of a suspected sex offender will be treated as manslaughter in this country and the perpetrator portrayed as a hero in the tabloid press, will bring out more
people like this evil woman, seeking to make themselves a hero and to escape from the mediocrity of their boring lives.
quently by sentencing very old men in poor health to long terms of imprisonment that they have no hope of outliving.
This means that the life of anybody in the UK on the sex offenders register will be considered cheap by normal standards and easy meat for any local vigilante. We won’t be much better off than a Yazidi living in so-called Islamic State controlled Syria/Iraq.
Older men seeking asylum abroad are advised to carry copies of such judgements and cases where the murder of some poor suspected sex offender is treated as manslaughter.
As our lives will be in danger if we remain in this country, we will be entitled to claim political asylum in any other country, including those in Europe. We will merely have to show a report from The Sun or Daily Mail on this case or any similar one and it should be clear to any immigration authority that we qualify for asylum in that country as we are at risk of being killed should we remain in the UK. Another way to be given asylum in a European country will be to show that we risk the death penalty should we be suspected of having committed a sexual offence in the dim and distant past. Despite capital punishment being outlawed in the UK, this country has shown to have brought back the death penalty by the back door. They have done this very fre-
Another important protection for men accused or likely to be accused of historic sex offences in the UK, is to ask your chosen country if they have a Statute of Limitations. This governs the time allowed for someone to be arrested and charged for an offence before it becomes spent. Most countries have one. The UK does not. This means that if the country has, for example, a 20 year limit, you could not be deported to the UK to face charges relating to offences alleged to have occurred longer than 20 years past. As soon as my license is over I will be leaving this country, hopefully never to return. If you have the chance to go abroad then take it, before it’s too late. Name supplied HMP Whatton
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Comment
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letter in the November issue of Inside Time from TJ Walker, writing from HMP Nottingham, expressed concern about the failure of staff to answer emergency cell bells in a timely fashion; he worries that delay may lead to avoidable deaths from, for example, strokes or heart attacks. Moreover, he said, prisoners who die avoidably will have their deaths recorded as being from natural causes and thus the failings of the Prison Service will remain unexposed and lessons will not be learnt. In reality such deaths are required to be investigated fully, failings, if any, identified and improvements to care systems implemented. The oldest judicial office in England and Wales is that of the Coroner. In the lawless times of the Medieval Age it was recognised that sudden death should be investigated and those who were killed unlawfully should have the circumstances of their death exposed and due punishment meted out. The person appointed to undertake this task was known as ‘The Crowner’, a local worthy appointed by the King, and as the Coroner, this office has remained in existence ever since. When a sudden or unexpected death occurs it must be reported to the Coroner and he (or she) is required by law to investigate. The Coroner must, through evidence, determine: • Who was the deceased; • Where and when they died; • The medical cause of their death; • How they came by their death. In some cases the Coroner’s task is easy. Often, following a sudden, unexpected death, a post mortem examination will reveal a natural cause of death and there will be no worrying surrounding features so the Coroner can record the details and move on. In other cases the cause of death may be revealed as unnatural such as when a person dies from injuries in a road traffic collision. Then, a detailed enquiry will be held to determine the circumstances that led to the death and, often, contributory factors are revealed e.g. that a dangerous bend caught the driver unawares or, perhaps, that the driver’s ability to drive was affected by drink or drugs. Even simple enquiries such as these can lead to improvements which may reduce the risk of future similar deaths e.g. straightening out the bend or installing direction chevrons.
Insidetime January 2016 www.insidetime.org
Death in prison Alan Crickmore says the truth must be exposed so that lessons can be learnt
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This process is the Coroner’s inquest and over recent years it has become the main system by which avoidable deaths have been exposed. The system only works if it is activated though. It was the failure of the police to properly investigate the concerns of the Coroner who identified unusual death patterns in the practise of Dr Harold Shipman that led to inquests not being held; it was the collusion of the staff at North Staffordshire Hospital to hide the circumstances of patient deaths from the Coroner which led to the Coroner not becoming involved. The Coroner acts within a framework of statutory laws and involvement depends on those laws being triggered. It is settled law that where neglect causes or contributes to a death from otherwise natural causes, the Coroner will investigate and hold a searching inquest. It is the Coroner’s duty to ‘fully and fearlessly’ investigate. In some specific circumstances the Coroner MUST hold an inquest even when there are no obviously suspicious circumstances and, moreover, must sit with a jury. For prisoners, this is a most important requirement because when a person in prison custody dies (which includes while they are on ROTL for hospital or hospice treatment) the Coroner MUST hold an inquest with a jury. The Human Rights Act identifies the Right to Life as the principal convention right. In terms of the Coroner’s inquest this means not only that the state must not unlawfully kill its citizens but also that it must have in place a
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system of laws to protect its citizens from avoidable death and ensures an investigatory framework to examine such deaths. These requirements are designed to give confidence to citizens and prisoners alike that when a person’s liberty is restrained they will be cared for and that avoidable deaths will not occur but that when they do happen such deaths are exposed as such. Not every death that occurs in prison is avoidable. People do sometimes drop down dead. Others decline towards death from age or infirmity. But there are some whose life is threatened by acute illness or even undiagnosed chronic illness who die when timely intervention might have saved them. Prisoners are owed a duty of care by the Prison Service. Where that duty is breached in a gross manner and such a breach of duty causes or contributes to the death of a prisoner, the state’s failings must be exposed and, usually, are. The failure to answer an emergency cell bell when a prisoner, realising that a medical catastrophe is emerging, presses the bell, would be prima facie evidence of a lack of care and, if it is shown that such a failure is impacted on the subsequent death of a prisoner, the Prison Service will be liable in damages in civil proceedings to the family of the deceased. In the past it has been left to Coroners and their investigators to root out failures and this is often a difficult task. Even when done well, families have harboured suspicions that there is an ‘Establishment’
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cover-up and yet families have often not had the funds to engage their own experienced solicitors and counsel so that justice is not only done but is manifestly seen to be done. We have all heard of lawyers who openly refuse to carry on when funds are tight. The fact that Legal Aid is rarely available for families at the inquest is, in my view, scandalous. The Prison Service is always represented by the Treasury Solicitor who instructs specialist, skilled counsel. Thanks to better training Coroners are no longer intimidated by counsel, but families are and unrepresented, they often fall silent and later regret not having spoken up. However, more recently, families have found themselves better positioned. Following a death in custody, solicitors will now accept instructions to take civil proceedings against the Prison Service seeking financial compensation for the consequences of negligence and neglect. The legal costs of preparation for and representation at the inquest are ‘costs and incidental to’ the civil proceedings in that they are part of the legitimate civil action. After the inquest, where failings have been identified and which are implicated in the death, civil proceedings are usually compromised and the lawyers are paid. In truth the lawyers are paid out of all proportion to the compensation paid to the family in the civil proceedings (there are reported cases of costs of £80,000 against compensation of £12,000) but this isn’t the point. The point is the full and fearless investigation of the death in accordance with the State’s obligation to enable this to happen with all properly interested persons and organisations properly represented. The French philosopher Jean-Jacques Rousseau famously said that ‘To the living we owe respect but to the dead we owe the truth’. Where a death occurs in prison and there are suspicions that the system has let down the deceased; where, for example, an emergency bell appears not to have brought an urgent response, the Coroner’s inquest, where the family and the prison are properly represented, there is an active jury involvement and the proceedings are carefully orchestrated by the Coroner, the truth will be discovered and systems can be adjusted to protect prisoners against the risk of unnecessary death. Families need to be aware of this.
Alan C Crickmore is currently resident at HMP The Mount
Ombudsman
Insidetime January 2016 www.insidetime.org
Suicides in the seg Nigel Newcomen CBE Prisons & Probation Ombudsman
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s Prisons and Probation Ombudsman, my two main roles are to investigate complaints and to investigate deaths in custody. I try to alternate my articles in Inside Time between these two important responsibilities. This time I want to look at some work I have done recently to highlight how prisons might reduce the awful numbers of suicides in prison. And the numbers are truly awful, with a 60% rise in suicides in the first half of 2015-16 compared to the same period last year. All of us - prison staff, prisoners and independent investigators, such as my office - must do more to reverse this rising tide of despair. Worryingly, I have no simple, well-evidenced explanation for this sharp rise - a rise which is also happening (although less sharply) outside in the community. There are some big new issues, such as the worrying growth in prisons of the use of new psychoactive substances (NPS), such as spice or mamba (see my article in Inside Time, in September 2015, which linked NPS to a number of suicides). There are also ongoing issues like the depressingly high levels of mental ill-health among some prisoners. Then there are the results of austerity: fewer staff and reductions in the things that can protect against suicide, such as time out of cell, activity and association. All of these issues must have played their part in the increase. So identifying lessons for all of us to learn, about how to avoid preventable deaths is a key role for my office. Unfortunately, in my death in custody investigations, I have often had to criticise prisons for not spotting prisoners at particular risk of suicide or self-harm or not doing enough to support those known to be at risk. Although, as Listeners and other prisoner peer supporters will know, spotting risk and helping those in crisis is not always easy - and not everyone wants to be helped or is easy to help.
with an offence and the adjudication, or as part of the punishment of cellular confinement. Whatever the reason for its use, segregation is an extreme and isolating form of custody. It inevitably reduces things that protect against suicide and self-harm, such as activity and being with others. Long term segregation is also known to have a damaging effect on mental health. Because of this, there are clear rules about segregation that prison staff must follow. These are mostly set out in Prison Service Order (PSO) 1700, Segregation, and in Prison Service Instruction (PSI) 64/2011, Safer Custody. These rules restrict the use of segregation if a prisoner is at risk of suicide and selfharm. Unfortunately, my investigations have found that these rules are not always followed, sometimes leaving vulnerable prisoners inappropriately segregated. Fit for segregation? The balancing act is obvious: prison staff have to keep order in prison for the safety of everybody. This means tackling bad behaviour, including by those who are vulnerable - but efforts must be made to avoid increasing that vulnerability by segregating them. That is why the PSO requires that a prisoner must be screened for fitness for segregation within two hours of being segregated. If found fit, there should be regular reviews to check that segregation remains appropriate and there has been no deterioration in the prisoner’s mental health. My investigations have found that these checks do not always work. Sometimes staff seem to ignore known vulnerabilities and prisoners who staff know are at risk of harming themselves are wrongly approved for segregation. When making a decision about fitness to be segregated or to remain segregated, it is important that decisions are not based simply on how a prisoner seems on the surface or assurances they give that they are coping. Their mental health history should be considered, as well as anything else that demonstrates vulnerability.
One of the most difficult examples of ensuring proper care for the vulnerable is where prisoners are both challenging in their behaviour and at risk to themselves. This mix of is often found in those prisons within prisons - segregation units. It is troubling that more prisoners are committing suicide in segregation. In 2013-14, there were eight suicides in segregation, 9% of the total and the highest number since 2006. This unhappy statistic prompted me to produce a Learning Lessons Bulletin on suicides in segregation and how to prevent them.
The case of Mr A illustrates this. He voiced no concerns about being segregated, either at his initial health screen or the subsequent segregation review and was deemed fit to be segregated. Sadly, he was found hanged in his cell the night after the review. My investigation found that the assessments failed to recognise that Mr A was being treated for depression, had previously taken an overdose and, on another occasion, had cut his wrists. Had this been known, a different decision might have been reached, or Mr A might have received greater support.
Background Readers of Inside Time will know that segregation involves removing a prisoner from associating with others, under Prison Rule 45. This can be for good order and discipline, or for the prisoner’s own protection. Prisoners can also be segregated between being charged
ACCT and Exceptional Circumstances Sometimes poor behaviour means that segregation is the only option, even if the prisoner is already on suicide prevention procedures (ACCT). The PSO makes it clear that prisoners on an ACCT must only be segregated in exceptional circumstances, with clear written
evidence that it was a last resort and all other options had been considered. However, my investigations have sometimes found that those on an ACCT have been segregated without such evidence. For example, in the case of Mr B, staff opened an ACCT twice during his two stays in the segregation unit. Both times, they wrote that nowhere else was suitable, but no details were given about which other locations had been considered, for example healthcare, and why they were unsuitable. Two days after he was segregated for the second time, Mr B was found hanged in his cell. When segregation really is the only option for someone on ACCT, special efforts must be made to safeguard them. For example, within the first 24 hours there should be a mental health assessment and an ACCT review, to ensure appropriate support and observations are in place. Sadly, a number of my investigations have found that these safeguards are not always applied and segregating a prisoner at risk of suicide and self-harm may have increased their vulnerability, with fatal consequences. Other Lessons The bulletin also identified several other areas of weakness where there was scope for improvement. Vulnerable prisoners who are segregated need diversion, but segregation units are usually austere and their regimes limited. At minimum, prisoners should be offered a radio and something to read as a distraction, but this does not always happen. Similarly, when behaviours are extreme, special accommodation (cells with no fixtures and fittings) can be justified but only in exceptional circumstances. Similarly, removing a prisoner’s clothes and giving them a tearproof robe (“strip-clothing”) is another extreme measure, which again should only happen in exceptional circumstances. But these actions also risk demeaning or degrading someone in crisis and they must be used as a last resort and for the shortest period of time. There should also be an Enhanced Case Review to ensure a proper balance between control and humanity. I have been sharply critical where we have found that this balance was not achieved. Managing difficult behaviour in segregation units is not easy, and staff need to be specially selected, well trained and properly supported. Again, my investigations have not always found this to be the case. When staff are left exposed, so are those in their care, especially those at risk of suicide. Recommendations The lessons in the bulletin are clear: • Initial segregation health screens and segregation review need to consider fully the mental health and other risks that could affect a prisoner’s ability to cope - it’s not enough simply to go on what a prisoner says. • Staff should work to limit the time a prisoner
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is segregated, reviewing how the prisoner is coping, putting in place a care plan to limit mental deterioration and actively planning their return to normal location. • Those on suicide and self-harm prevention measures should only be held in segregation exceptionally, with those exceptions recorded. • If exceptional reasons really do exist, additional safeguards should be put in place, including holding a mental health assessment and an ACCT review within 24 hours. Some means of diversion should be offered, at minimum something to read and a radio. • Special accommodation and protective clothing should also be exceptional, especially for those on an ACCT. If used, an enhanced case review should be held immediately and plans made to return the prisoner to normal clothes and a normal cell as soon as possible. • Segregation unit staff should be specially chosen, properly trained and well supported by managers. There are far, far too many suicides in prison and too many of these happen in segregation units. I hope that learning lessons from my investigations can contribute to reversing this rising toll of despair: If you are feeling unable to cope, talk about it: tell a member of staff or ask for a prisoner Listener or ask to use the free phone to the Samaritans. Don’t suffer in silence.
How to complain to the Prisons and Probation Ombudsman
© prisonimage.org
l The PPO investigates complaints from prisoners and those under probation supervision in England and Wales, and from immigration detainees anywhere in the UK. l We are independent of the Prison Service, the Probation Service, NOMS or Immigration Enforcement: we are impartial and unbiased. l We can investigate complaints about most aspects of your management, supervision, care, and treatment. We can’t investigate complaints about medical treatment or about decisions by a court or the Parole Board.. l Before you complain to us, you must complete all the stages of the internal complaints process first. If you are still unhappy: • Write to us within three months of receiving the final response. • Send us a short note telling us why you are not happy with the response to your complaint. • Send us your completed complaint forms we will copy and return them to you. (If you don’t have the complaint forms you can still complain to us but it will take us a bit longer to respond). Write to us at: Prisons and Probation Ombudsman, PO Box 70769, SE1P 4XY.
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Education
Insidetime January 2016 www.insidetime.org
Inside Time readers respond to Coates Review such funding to peer support learners at a lower level’. ‘I would like GCSEs and A levels as they carry more respect’. ‘OU students are not considered part of education! They only allow us limited access to computers as we don’t earn them any money’.
How could we better incentivise prisoners to participate in education? Planning and role models ‘Starting all prisoners with life goal setting and giving them a positive vision of the future - so they see education helps them move forward. Role models visiting prison or on video to share their testimonies’. ‘We need more inspiration about education and its benefits’.
© Rebecca Radmore
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ast year, the Justice Secretary, Michael Gove MP, asked ‘super head’ Dame Sally Coates to carry out a review of prison education. Dame Coates and the Review Panel, which includes the Chief Executive of Prisoners’ Education Trust (PET), Rod Clark, are keen to capture prisoners’ views. They have been speaking to learners and mentors when visiting prisons across England and Wales and asked for their views as part of a recent ‘call for evidence’. In October’s issue of Inside Time we gave readers an opportunity to send in their comments and experiences of prison education, which we then passed on to the Review. Thank you so much to those of you who replied. Here we have selected a few of your comments and suggestions: What do we need to change in order to ensure that education and training provision meets the needs and interests of all potential prison learners? Focus on prisoners’ needs ‘The focus has to change from prison education providers laying on courses for which they can draw down greatest profit to the provision of courses that best match the needs of the prison population within the establishment they serve’.
Pay and early release ‘While to some extent education and training is itself a reward and incentive, the two things that incentivise prisoners are money to spend and earlier release’. ‘A bonus paid on completion of a qualification’ ‘As a mentor and teaching assistant I earn no more than a wing cleaner. Many students don’t come to education as you can earn more in industries’. Provide courses prisoners want to do ‘The only real incentive prisoners need is to be given courses that they request. I’ve never seen an education provider ask inmates what courses they would like to take. I believe there is a great mismatch between courses offered and courses sought’. Celebrate success ‘Maybe an exam-certificate presentation night?’
How could we better assess and measure the performance and effectiveness of prisoner learning? ‘Percentage of prisoners in education and getting stats from probation on employment and offending outside prison’. ‘More regular inspections - unannounced - we did things for Ofsted I’ve never seen before!’
What are the most effective teaching and delivery models for education in prison settings? Fun and interactive ‘Interactive and practical education’. ‘A wider curriculum incorporating the latest technologies to enhance interactivity’.
Effective induction and assessment ‘Have a good system…It took over seven years for the prison service to find out I had dyslexia and ADHD’
‘Give them more flexibility in how they deliver their classes. Bored teachers who hate their jobs do nothing for prisoner motivation’.
‘New prisoners ability and desire to learn should be assessed then have regular follow ups. I saw national careers on induction but I never saw her again’.
Prisoner-led ‘Another prisoner and I successfully gained our Preparing to Teach in the Lifelong Learning Sector [PTTLLS] qualification - more prisoners should do this course’.
More opportunities for educational progression ‘Provide and fund education beyond the very basic existing levels and require recipients of
‘Expand and strengthen the current peer mentor system ... peer mentors are completely under-used’.
How could we make best use of different prison environments and facilities to deliver education? ‘Cells should contain an education intranet service’. ‘A prison channel on all the TVs in prisons, this channel would educate, inform and entertain’. ‘Use of private cell study is completely underutilised and should provide stimulation for prisoners during the evenings and at weekends’. ‘Some education rooms on wings are hardly ever used. Prisoners could pass on skills they have using them for evening classes’.
What is the potential for increased use of technology to support better prison education? ‘Prisons need to catch up with the outside world, remove the blanket ban on internet in prisons’. ‘Let us have a laptop in our cell so our teacher can see we don’t just watch TV and would like to learn more in our own time’. ‘I would love it if I had access to internet based bite size courses’. ‘We can get games consoles, why not electronic books or electronic tutoring?’
What needs to change to enable technology to deliver this support? Staffing ‘No prison I have been to has had virtual campus. Some have had the equipment from years ago but no staff to update it and supervise access’. ‘The biggest inhibitor of this is staff levels’. Manage risk ‘Consider biometrics and a firewall to allowed controlled access to the internet’. ‘It would require a change in mind-set to find ways to make it work rather than find reasons to prevent. There is so much technology sat around the prison estate not being used because of a perceived security risk’. ‘A committee made up of Education, SO’s, prisoners, Security and IT should meet regularly, chaired by the Governor’.
How could we further improve teaching standards and continue to recruit and retain the best quality teachers in the prison estate? Pay and conditions ‘If you pay peanuts you get monkeys is the saying - employ the best and pay them well for results and acknowledge success with awards, promotion, reward nights etc’. ‘While some teachers are excellent, some seem barely qualified especially when they
cover classes. Prison education must be a poor relation’. ‘Review the working environment so it is pleasant to work in’. Experience ‘The teacher has to be able to look at learners as people not prisoners! It usually takes someone who has the experience of many years teaching to be able to handle the strangeness of a prison classroom’. Vetting process ‘Speed up security vetting process, to leave a new employee without work for months waiting on the process risks teachers being poached’. Use prisoners ‘Recruit more prisoners to assist/lead teaching’.
Who should be responsible for commissioning prison education, and who should be accountable, for its effectiveness and impact? ‘The Governor of each prison should be assessed on his/her ability to deliver education and training to all prisoners’. ‘You should have an advisory committee made up of local business, professors, leaders, governors and teachers to oversee the courses and get the best out of the service’. ‘I have seen that there is no effective communication between the National Careers Service (NCS) and education providers in the prison. The initial NCS interview should be fed to education to provide. All of this could be measured’.
Is there anything further that you would like to add? ‘I have respect for you reaching out to us for ideas over education, it’s about time, if we will be heard and hopefully listened to, I hope change comes soon’. ‘Moving prisoners causes disruption in education and training’. ‘ROTL policy with tighter restrictions should be changed as it prevents offenders putting in place employment arrangements before release’. ‘They should take off the box on job applications that ask if you have a criminal record’. ‘Education is extremely important … it is the forward moving factor of our society and should not be ignored. I believe it is getting much better, but it’s nowhere near as valuable and rewarding for everyone as it could be’.
What next? Dame Coates and the review panel are in the process of analysing the feedback and are continuing their prison visits. A report of recommendations is expected to be published in the Spring. We will keep you updated on this!
If you would like advice or funding to study a distance learning course or tell us about your experiences of prison education - write to FREEPOST Prisoners’ Education Trust (PET) or call 0203 752 5680.
Insidejustice investigating alleged miscarriages of justice
Insidetime January 2016 www.insidetime.org
A look back at 2015 It was a busy year for Inside Justice, as we ended it opening the 1000th application posted to our miscarriage of justice investigative unit. Louise Shorter writes
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aunched in 2010, the unit has always struggled to keep up with demand. The casework is difficult and complex: looking for some new piece of evidence which has evaded the attention of the courtroom. But we have an exemplary Advisory Panel of forensic experts, lawyers and journalists, which allows us to tap into a wealth of investigative potential. Some of the lights, high and low, from 2015: l We had a case at the Court of Appeal based on new evidence from two different disciplines - one medical, one electronic - that this unit had commissioned. Our highly experienced and extremely well respected barrister was confident we’d win and yet we didn’t. It took us some time to gather ourselves after we fell at that hurdle but it must be nothing compared to what the prisoner’s parents felt like as we parted on the steps of the Royal Courts of Justice that day. Since then we’ve gathered another report from an expert who gave us new hope, being prepared to help on the case without payment. Our application has now gone to the Criminal Cases Review Commission (CCRC).
Innocence and Justice Projects in Cardiff, Essex and East Anglia (UEA) and University College London. In 2015 these projects looked at 11 Inside Justice cases, providing in excess of 9,000 hours of work, free of charge, by around 170 students. In addition, two students volunteered with Inside Justice over the summer and one has remained in a part-time paid capacity. One student has changed her career plans as a direct result of working with Inside Justice and another wrote a blog entitled “The Best Legal Experience I’ve Had”. l Two cases now have applications in at the CCRC thanks to UEA. It is a real credit to Dr Steve Heaton and his students that they’ve found ways to progress them: one a London shooting; the other a familial sex case.
l It’s been a year for biting the bullet, metaphorically speaking, as we agreed to allow our work to be filmed by the BBC for a new TV series. We are sworn to secrecy but will tell you more as the year progresses. l An application to the CCRC on behalf of Kevin Nunn has resulted in the launch of a Stage Two substantive review of his conviction. We hope this will now lead to forensic tests being undertaken, as identified via the Inside Justice Advisory Panel members, which have hitherto been blocked by the original investigating force, Suffolk Constabulary. Mr Nunn has fought for 10 years to reach this stage; Inside Justice has been involved for the last two. l We are working closely with University
Our final thoughts though, as 2015 drew to a close were with Colin Norris, a young man serving 30 years for crimes we do not believe even took place. We have reported before on the work we’ve done on Colin’s case and our strongly held belief that he is entirely innocent. New medical evidence was first revealed in a BBC Scotland investigation on which we collaborated and a year ago more new evidence was revealed in the investigative documentary BBC Panorama. The case was accepted by the CCRC for a full Stage Two review in July 2012 and we sincerely hope the Commission will soon reach a decision to refer Colin’s case to the Court of Appeal. This remains difficult, time-consuming work for everyone involved in trying to overturn wrongful convictions but that’s surely nothing compared to the sentence being served by an innocent prisoner.
l Our University Innocence Projects workshop programme is now being rolled out. Experts from our Advisory Panel run day-long sessions covering a range of core subjects which we hope will offer practical advice needed by those new to the investigation of an alleged wrongful conviction. Trying to work out if forensic evidence might have been missed? Then you need to understand how it’s
ON YOUR SIDE Being on your side is one thing. Fighting your corner is another. We do both. • Miscarriage of Justice experts • Defending false allegations • Crown Court advocacy • CCRC applications • Prison law specialists • Parole applications • IPP and Lifer reviews • Adjudications • Recalls • Sentence progression We offer Legal Aid and Fixed Fees along with a nationwide service. For more information contact us using the details below.
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gathered and how mistakes might have been made, or know how to identify opportunities still lurking in the forensic archive. We also have speakers familiar to many of our readers: John Kamara, who spent 20 years inside for a murder he did not commit; Barri White and Keith Hyatt, both imprisoned in another wrongful murder case. They talk passionately to students about the depths of despair they felt, followed by frustration, euphoria, fear and anger in equal measure in the course of getting justice.
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Inside Justice, part of Inside Time, is funded by charitable donations from the Esmee Fairbairn Foundation, Inside Time and the Roddick Foundation. Website: www.insidejusticeuk.com Facebook: insidejusticeUK Twitter: @insidejusticeUK
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2015 MISCARRIAGE OF JUSTICE MEDIA HIGHLIGHTS
JANUARY Jury foreman: ‘serial killer’ is innocent A second member of the 2008 jury that found Colin Norris guilty of the murders of four elderly women and an attempted murder of a fifth, comes forward to ask that the convictions be overturned. MARCH CCRC ’timid’ and underfunded. The House of Commons Justice Committee says the CCRC needs to be bolder in its approach and is "struggling to cope" with an increased workload after funding cuts of 30%. APRIL Guilty by a hair The [US] government identifies almost 3,000 cases in which FBI agents may have given testimony involving the now-discredited [hair comparison] technique. JUNE Hallam and Nealon lose high court actions Two men who served long sentences before their convictions were overturned lose High Court actions in their fight for compensation. Kevin Lane loses appeal Kevin Lane, now released on license, loses his appeal against conviction for the 1994 murder of a car dealer. OCTOBER CCRC refers Ched Evans to Court of Appeal The CCRC refers former footballer Ched Evans’ 2012 rape conviction to the Court of Appeal. An earlier application to appeal was refused in November 2012. Britain's final Guantanamo detainee flown home Shaker Aamer is reunited with his family after 14 years’ imprisonment without charge, including solitary confinement and possible torture. NOVEMBER CCRC to review Kevin Nunn case The CCRC is to review the 2006 conviction of Kevin Nunn for the murder of his girlfriend. Forensic Science Service files and Crown Court files have been obtained, and the commission is to consider new forensic testing following scientists’ recommendations. LA: Luis Lorenzo Vargas free A man is exonerated after spending 16 years in a US jail because he had the same teardrop tattoo as a serial rapist. DECEMBER Sergeant Alexander Blackman, who is serving at least ten years of a life sentence for shooting a mortally wounded Taliban fighter on the battlefield, is to get his appeal fast-tracked through the Criminal Cases Review Commission. His legal team submitted a 1000 page file of new evidence.
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Prison Reform Trust
Down the block: a report on a study of segregation units and close supervision centres PRISON REFORM TRUST
by Sharon Shalev and Kimmett Edgar
Prisoner-staff relationships were a key strength of many of the segregation units we visited. Most prisoners felt that relations with officers were good. Over half of the prisoners we interviewed felt that segregation unit staff were supportive.
“Segregation units were characterised by social isolation, inactivity and increased control of prisoners.
We also visited four close supervision centres. The main concerns raised by the 17 CSC prisoners we interviewed were:
Most segregation units offered the bare minimum as a regime: little more than a short period of exercise, a shower, a phone call, and meals. Periods of exercise lasted 20 - 30 minutes, well short of the 60 minutes stated in the European Prison Rules.
• About half did not agree with or understand the reasons for their selection. • A majority did not know what they needed to do to progress and felt that opportunities to demonstrate a reduction in risk were limited. • They did not see evidence of progress, and only two of the 17 were expecting to return to normal location in the foreseeable future.
Among the 50 segregated prisoners interviewed, 19 had deliberately engineered a move to the segregation unit, for reasons including: seeking a transfer, avoiding debts, or getting away from drugs or violence on the wings.” These are some of the main findings of a report on segregation units and close supervision centres, conducted by Sharon Shalev of the Centre for Criminology at the University of Oxford and Kimmett Edgar from the Prison Reform Trust. Deep Custody: segregation units and close supervision centres in England and Wales was published in December 2015 by the Prison Reform Trust, funded by the Barrow Cadbury Trust. We visited 15 segregation units and four close supervision centres, and interviewed 67 prisoners, 25 managers and 49 officers. The interviews gathered views on the purposes of segregation units and CSCs, how these units were run, how those living and working in these units experienced them, and what makes a good unit. Previous research on solitary confinement linked it to mental health problems including anxiety, depression, anger, difficulty in concentration, insomnia, and an increased risk of self-harm. Over half of the prisoners we interviewed reported three or more of these.
The Prison Reform Trust’s advice and information line receives many requests for information about segregation. We do not, however, provide legal advice. The Deep Custody report highlights some areas of segregation practice which do not appear to meet international standards, including standards found in the European Prison Rules (2006) and the UN Standard Minimum Rules for the Treatment of Prisoners (the Mandela Rules, 2015). The Convention Against Torture is also relevant, particularly as it covers conditions or treatment which, while not necessarily amounting to torture, are inhuman, degrading, or cruel. A selection of relevant international standards can be broken down under five themes: health and wellbeing; conditions; contact with the outside world; discrimination; and fair process.
Insidetime January 2016 www.insidetime.org ensure that the person’s mental health does not suffer as a result (MR, Rule 46.3). The importance of implementing these rules was underlined by the European Court of Human Rights in Keenan V the United Kingdom (2001). The Court found that there was a lack of effective monitoring of Mark Keenan’s condition, a lack of informed psychiatric input into his assessment and treatment, and inadequate support for someone known to be at risk of self harm.
Fair process All placements in segregation must follow due process requirements. People segregated have a right to know why they have been segregated. In a judgement taken while the research was underway, the UK Supreme Court ruled that sufficient evidence must be provided to enable the prisoner to challenge the decision (taking account of the need to protect witnesses from intimidation, and of the requirements of security).
Conditions The European Prison Rules suggest that segregation should not impose social isolation or long hours of inactivity. EPR 25.2 states: “This regime shall allow all prisoners to spend as many hours a day outside their cells as are necessary for an adequate level of human and social interaction.” Rule 23.1 of the Mandela Rules calls for a minimum of one hour of exercise in the open air daily (weather permitting). In no case may conditions be cruel, inhuman or degrading.
The authors of Deep Custody recommend that:
Contact with the outside world A new standard, Mandela Rule 43.3, states that disciplinary sanctions must not prohibit family contact. Further, European Prison Rule 24.2 states that even when contact must be restricted for the maintenance of good order, safety, or other reasons, any restrictions “shall nevertheless allow an acceptable minimum level of contact.”
• Staff should be selected and trained for the positive roles segregation units can play, including meaningful activity and good quality one-to-one interactions with prisoners.
Discrimination Mandela Rule 39.3 calls on governors (directors) - prior to imposing disciplinary measures - to consider whether the offence could have been due to mental illness or ‘developmental disability’ and not to punish the person for behaviour that reflects their disability. Further, for all prisoners (including people who are segregated), Mandela Rule 5.2 follows the International Convention on the Rights of Disabled Persons by recommending that reasonable adjustments should be made to ensure that people who have disabilities receive full access to prison life on an equitable basis.
• Segregation units should maintain a good balance between security and individual needs. They should also enable prisoners to return to normal location safely and promptly. • Stays in segregation should be short and more purposeful activities should be offered. An active day should be the norm in segregation units, with a focus on the prisoner’s needs and the conduct that resulted in segregation.
• CSCs should provide more programmes and activities which address, on an individual basis, the conduct which led to a prisoner’s placement. A robust structure for individuals to progress should include clear expectations, a statement of services and support to be provided, and interim targets set. Deep Custody is available as a free download on Prison Reform Trust’s website (www.prisonreformtrust.co.uk) and on Dr Shalev’s website (www.solitaryconfinement.org). You can write to the Prison Reform Trust’s advice team at FREEPOST ND6125 London EC1B 1PN. Our free information line is open Monday, Tuesday and Thursday 3.30 to 5.30. The number is 0808 802 0060 and does not need to be put on your pin.
Health and wellbeing Both the European Prison Rules and the Mandela Rules establish a duty on health care professionals to monitor the health of any segregated prisoner and to report any concerns to the governor (prison director). While the Mandela Rules make clear that it is not the job of healthcare staff to certify someone as fit (or not) to sustain punishment, they do expect medical staff to recommend changes to the conditions in which people are segregated to
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Interview
Insidetime January 2016 www.insidetime.org
Getting the balance right
practical level much easier to manage? “I think you’re right. Two quid a day doesn’t give you a lot of scope. Some prisons do a lot better with that than others. And I do agree that ensuring we produce good meals for prisoners is important. It’s for governors to determine. They can put more into that budget but they’ll have to find it from somewhere else. I think more autonomy will enable them to be able to do more in that area if they think that’s important in their jail. I’m an advocate of prisoner engagement, prisoner councils, prisoner feedback. There is a balance to be struck. We talked about wages. If you up wages that leaves you less money for elsewhere. Or do you put a bit more in for meals, or for an additional member of staff? Those are choices that governors have to make all the time. “
Erwin James talks to Michael Spurr, Chief Executive of the National Offender Management Service Erwin James
D
espite the fact that the majority of our prisons are overcrowded and, according to the Prison Officers Association (POA) and prison reform groups, understaffed - violence, self-harm and deaths in custody are at an all-time high - one of the main bugbears for people in prison is the extortionate costs at the prison canteen hatch. It was the first question I asked CEO of NOMS Michael Spurr when we met recently at NOMS headquarters Clive House for Inside Time. Why do prisoners pay more for their canteen items than they would at Tesco or any other large supermarket? Can’t he do something about that? Reduce prices in prison canteens, or increase prisoner wages? “Prisoner prices are always difficult,” he says. “Because its not Tesco. We do try and negotiate the best contracts we can and we have a line about keeping prices at market level. We’ll be looking to renegotiate some of our contracts and you are right about wages. One of the things that the Justice Secretary is keen to do is provide more autonomy to governors. Governors have to manage a constrained budget. Increasing prisoner wages hasn’t been easy to do. But there is a balance and I’m very conscious about the need to get that balance right.” But surely if you do a week’s work you deserve more than the average of £8 a week? “One of the options we’re trying to develop again is to generate more income, we can then share in terms of payment to prisoners.” Is that with more outside contracts? Yes, he says, but explains that in recent years the budget per prison place has been cut by £2200. “And that means fewer staff. If you are actually reducing staff there is a question mark about how much you then put into prisoner wages, because you’ve got choices to make. I do agree with you that you’ve got to incentivise people to work, we’ve got to reward properly, within the limits of a budget. And that makes it difficult. But I’m very very conscious of it and governors are conscious of it. One of the ways to do that is to generate more commercial involvement with workshops, some of which we can put back into prisoner wages. Governors will have more flexibility.” What about ROTL? A couple of failures last year led to a massive crackdown on release on temporary licence when in fact the system of ROTL was one of the most successful elements of prison in the face of all the negativity. The previous year there were more than half a million successful temporary releases. The draconian clampdown by the previous Justice Secretary Chris Grayling was surely an over reaction? During a visit to Springhill open prison a few months ago, where one of the failures occurred, I was aware of the low morale among prisoners and staff due to the new limits of ROTL. “Put that in context”,
Last month, George Osborne announced £1.3bn funding to improve the prison system. What are Spurr’s hopes for the planned nine new prisons being built to replace the old Victorian institutions? Are they going to be people warehouses? “No they’re not. I feel it’s fantastic that [Justice Secretary Michael Gove] has managed to get investment to be able to improve what we do with rehabilitation,” he says. “The focus to turn prisons into more effective places for rehabilitation is fantastic. That it is backed up with a huge amount of investment can make it real. The aim will be to design and develop prisons that are about rehabilitation.” He adds: “It’s a really exciting opportunity to think about how we can redesign what we do in prisons in a modern way that really does make a difference.”
Photograph: Linda Nylind for the Guardian
says Spurr. “I absolutely believe that proper, risk assessed release on temporary licence is vital to help us to manage people safely back into the community. And generally the vast majority of those releases are successful. A very small proportion of people fail. But in 2013 there were three particular failures. One which led to a murder. One which led to an armed robbery and one which led to a serious sexual offence. These inevitably create public concern. The review which was done by the chief inspector of prisons recommended changes to the whole system. The Secretary of State at the time responded and as a result of that response, for some particular prisoners, quite a small proportion, we’ve tightened any form of temporary release. We’ve committed to looking at how that’s been working, with a review in early 2016. We will do that review and we’ll look at it again. And it will be for ministers to determine, ‘have we tightened that too much or not.’ We have to have public confidence. If we don’t have public confidence then that impacts on all the other work we are doing.”
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What about prison food? Currently the budget is just £2.00 per prisoner per day. Any chance of an increase? He must understand that a well fed prisoner is a happier prisoner and on a
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Insidetime January 2016 www.insidetime.org
The Rule Book
P
rison Service Instructions (PSIs) are policy and rule updates that the Prison Service in England and Wales publish. Many are not available for prisoners and the public to read for ‘security’ reasons but quite a few are available and these are useful for prisoners, and their families, to read if they think a prison is not acting properly. Most PSIs have ‘mandatory instructions’ within them - these are rules that all staff at prisons MUST follow. PSIs are not published in numerical order and not all ‘numbers’ may be used.
The Rule Book
The Scottish Prison Service does not have an equivalent and, generally, just follows its updated Prison Rules. The small prisons in the Isle of Man, Guernsey and Jersey also operate by their own local rules and do not have an equivalent. Northern Ireland also does not issue PSIs but operates by the Prison and Young Offenders Centre Rules (Northern Ireland).
Inside Time’s Paul Sullivan takes a look into Prison Rules and Instructions
PSIs have a start and end date during which they apply and all current ones MUST be available to prisoners in the prison library. Prisoners can request copies of them, or parts of them, but may be required to pay for the copying costs. As well as informing prisoners about important matters such as privileges, release dates, RoTL etc. they can be useful when making a complaint to clarify what procedures were broken. Below is a list of PSIs published during 2015 which are publicly available and of interest or relevant to prisoners. © Gstudio Group - Fotolia.com
• PSI 2015-001 - The Allocation of prisoners liable to deportation or removal from the
United Kingdom • PSI 2015-002 - Prison Service library
• PSI 2015-030 - Amendments to use of force policy
• PSI 2015-003 - Sentence calculation determinate sentenced prisoners
Other important recent PSIs include:
• PSI 2015-004 - Rehabilitation services custody
• PSI 2014-005 - Safeguarding of children and vulnerable adults
• PSI 2015-007 - Early days in custody • PSI 2015-008 - Permanent resettlement outside England and Wales of offenders subject to post-release supervision • PSI 2015-009 - The identification, initial categorisation and management of potential and provisional category A/Restricted Status prisoners
• PSI 2014-006 - Use of force in the young people’s estate • PSI 2014-015 - Investigations and learning following incidents of serious self-harm or serious assaults • PSI 2014-016 - Revised searching policy for young people
• PSI 2015-010 - Management and security of Escape List (E-List) prisoners
• PSI 2014-018 - Licences, licence conditions and polygraph examinations
• PSI 2015-011 - Fire safety in prison establishments
• PSI 2014-019 - Sentence planning
• PSI 2015-012 - Licence conditions, licences and licence and supervision notices • PSI 2015-013 - Release on temporary licence • PSI 2015-014 - Disposal of prisoners’ unauthorised property • PSI 2015-015 - Adult social care • PSI 2015-016 - Adult safeguarding in prison • PSI 2015-017 - Prisoners assisting other prisoners • PSI 2015-021 - Unauthorised possession within prisons of knives and other offensive weapons • PSI 2015-022 - Generic parole process for indeterminate and determinate sentenced prisoners (GPP) • PSI 2015-023 - Centralised case supervision system • PSI 2015-024 - Enhanced Behaviour Monitoring (EBM) • PSI 2015-026 - Security of prisoners at court • PSI 2015-028 - Unlawfully at Large
• PSI 2014-030 - Recall review & rerelease of recall offenders • PSI 2014-036 - Polygraph examinations • PSI 2013-013 - Sentence calculation Determinate Sentence Prisoners • PSI 2013-023 - Prisoner retail • PSI 2013-030 - Incentives and earned privileges (IEP) • PSI 2013-031 - Recovery of monies for damage to prisons and prison property • PSI 2013-035 - Oral Hearings standards • PSI 2012-002 - Prisoner complaints • PSI 2012-003 - Activity allocation • PSI 2012-021 - Release on Temporary Licence (ROTL) • PSI 2012-043 - Home Detention Curfew (HDC) Many of these PSIs will have been subject to updates which are listed on the first page of the PSI. Where they show an expiry date which is passed and no subsequent PSI has been published you have to assume that the information in that PSI is still current.
• PSI 2015-029 - First aid
l DETAILS OF THE REGIME, VISITING AND FACILITIES IN ALL UK ESTABLISHMENTS l HELP AND SUPPORT
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l RULES AND REGULATIONS l GLOSSARY OF TERMS AND ABBREVIATIONS
Include as much information as possible: • • • • • •
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Please advise if you change Prisons after responding.
The Tax Academy™ is a Social Enterprise created by Paul Retout , a Tax Specialist to help Prisoners with their tax affairs in Prison and on the outside. He was recently profiled in ‘ The Times’ – ‘ Tax Rebates for Cellmates’ having run tax seminars for inmates in HMP Wandsworth.
l INSIDE TIME ARTICLE ARCHIVE
Inside Time is proud to publish the 2016/16 EDITION of the most comprehensive guide to prisons & prison related services Supplied free of charge to every UK prison library - it’s even bigger & better!
Online at www.insidetime.org for £25 +£7.50p&p or £35 from all good bookshops To order your copy contact: Inside Time, PO Box 251, Hedge End, Hampshire SO30 4XJ.
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Drink and Drugs
Insidetime January 2016 www.insidetime.org
Inside Drink and Drugs News
In the news…
opioid substitution therapy (OST) medications, according to a new report from the family support charity, Adfam. The charity says lessons from previous tragic cases have still not been learned and wants to see all incidents of children ingesting OST medication ‘fully investigated and recorded’, with the information properly analysed and shared with local services. Adfam is calling for proper training on the risks for parents as well as professionals.
Drink and Drugs News (DDN) is the monthly magazine for those working with drug and alcohol clients, including in prisons. In a regular bi-monthly column for Inside Time, editor Claire Brown looks at what’s been happening lately in the substance misuse field
T
he drug treatment field had a difficult year in 2015, with cuts coming from left, right and centre, and more predicted. We’re expecting a new drug strategy from the government in March, but it’s clear that investment’s not heading our way and, as our author Paul Hayes pointed out in the latest issue of DDN, there’s much work to be done in overcoming failures in key areas. Hayes represents a project called Collective Voice, made up of some of the main addiction treatment agencies who are hoping to put pressure on policymakers to listen to the fact that lack of investment will lead to a spiraling public health crisis - not to mention pressure on the criminal justice system. Several areas vie for top priority, but reversing the dramatic upward trend in drug-related deaths over the past two years is right up there, particularly as Wales has been effective in using public health policy and harm reduction strategy to bring drug deaths down. The first step has to be to understand why the death rate in England is increasing, with ageing heroin users likely to be part of an increasingly vulnerable group.
There’s also been an inability to align mental health and drug services, blamed on the NHS’s ‘consistent failure to invest in mental health services’. The recent spending review promises a £600m investment in mental health, and the drugs field is hopeful that there’s an opportunity here to look at joined up services and look at treating the ‘whole person’. The drugs field has become very used to tightening its belt. Whether it will be listened to when it says it can tighten no more without keeling over, remains to be seen.
We’ve also failed to route people from drug treatment into stable accommodation and long-term employment, factors that are bringing them through the revolving door back into addiction. Investing in drug treatment for people without looking at all the
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other life factors that affect their well-being, has been identified time and time again as wasteful and counterproductive. The previous drug strategy sought to create a ‘seamless transition’ between prison and community, and this hasn’t happened. The two separate systems, with NHS England responsible in prison and local authorities responsible in the community, ‘has created even more opportunities for vulnerable prisoners to fall between the cracks on release’, says Hayes.
drinkanddrugsnews.com To order copies of Drink and Drugs News t: 01233 633 315 e:
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l Seizure stats l Shooting galleries The Government of Ireland is considering the introduction of drug consumption rooms, as well as decriminalising small amounts of drugs for personal use. The announcement was made as part of a speech by new communities, culture and equality minister Aodhán Ó Ríordáin, who said they had proven effective in engaging hard-to-reach populations. The initiative is being examined to address problems with street injecting in Dublin and elsewhere, as well as a recent spike in blood-borne viruses.
.................................................. l Hep unawareness
Almost half of injecting drug users are unaware of having hepatitis C, according to figures from Public Health England (PHE). Despite uptake of testing standing at more than 80 per cent of users, around 48 per cent of infections were undiagnosed, says their latest report, and PHE emphasises that regular testing - whether through treatment services or primary care - remains ‘crucial’ to protecting health.
.................................................. l Safeguarding action
More children than previously thought are dying or being hospitalised after ingesting
USP Group
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Prisoners’ family and friends, solicitors, barristers and others who are involved with prisons are invited to register and start saving money today. Prisoners can benefit from money saving offers when families register.
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The number of drug seizures in England and Wales fell by 14 per cent in 2014-15 to just over 167,000, according to figures from the Home Office. More than 124,000 of these were seizures of cannabis - down by 17 per cent on the previous year. Overall class A seizures were also down by 10 per cent, despite seizures of heroin increasing by more than 70 per cent.
.................................................. l Help in sight The first guide to substance use and sight loss has been published by the Thomas Pocklington Trust. ‘Substance abuse can sometimes be used as a coping mechanism for sight loss, but the combination of both issues can create a complex challenge for support professionals,’ said lead author Sarah Galvani.
.................................................. l Diamorphine dire straits Forcing stable people off their diamorphine (heroin) scripts and into chaos is evidence of a British drug treatment system in terminal decline, said Erin O’Mara, currently a volunteer at the legal support charity Release. ‘I feel like they are waiting for the last handful of us to die off and that will be the end of heroin prescribing in Britain, as we know it,’ she told DDN.
PRISON AND WRONGFUL CONVICTION I am looking for people who are seeking to overturn their conviction to take part in a research study called ‘The Prison Experience and Coping Mechanisms of Those Who Claim Wrongful Conviction’. The aim of this research is to find out about the lives and experiences of prisoners who claim wrongful conviction and understand the consequences that these claims can have. What will happen in the study? If you take part, you will be asked to write an account of your experiences. I will provide a list of headings / questions to guide you, although there will be plenty of space for you to tell your own story in your own way. I will also provide a stamped addressed envelope for you to send me your accounts. All information will be kept strictly confidential. Who can take part? In order to take part, you must – Be a current prisoner claiming wrongful conviction in England or Wales. Have applied to the Criminal Cases Review Commission (CCRC). This application must be for a review of the conviction you are currently imprisoned for, not a review of the length of your sentence. * Please note that participation in the study will have no impact on your legal case – it will in no way improve your chances of appeal or the outcome of any ongoing or future appeals.
Who should I contact if I want to take part? If you would like to take part or find out more information, please send your name and contact details, including your prison number to: Ms Emma Burtt, Centre for Criminology, Manor Road Building, Manor Road, Oxford, OX1 3UQ
32
Inside Sport
Insidetime January 2016 www.insidetime.org
Inside Sport B In our new regular item, Inside Sport will highlight news and facts from the world of sport. In our first feature we put the spotlight firmly on boxing.
oxing, and the Heavyweight division in particular, has been pretty devoid of ‘characters’ in the last decade or so. With the domination of that division by Ukrainian brothers, Vitali and Wladimir Klitschko, the once ‘greatest prize on earth’ (certainly in terms of boxing) had become somewhat stale. There is no doubting the abilities and the legacy of the brothers, both big, competent heavyweights who took on all comers and ruled the division, but there was none of the razzamatazz that surrounded champions of the past, such as Jack Dempsey, Rocky Marciano, Muhammed Ali, George Foreman, Mike Tyson or Lennox Lewis, to name but a few. But those ‘wilderness’ years came to an end on the 28th of November 2015. Tyson Luke Fury made history as he became the first Irish Traveller to win a World HeavyWeight title when he took Wladimir Klitschko the distance and won the fight on a unanimous points decision. At 6 foot 9 inches and 18 stone, Fury is a fighter of considerable skill and endurance. His official record is 25/25 with no losses and 18 of his wins coming by the way of knockout. But, he is already proving to be a controversial champion, making disparaging remarks in public about homosexuality, women and religion, which seem to have scuppered his chances of winning the coveted Sports Personality of The Year Award 2015, where he came forth.
Tyson Fury (left) and Wladimir Klitschko fighting for the World Heavy Weight title. (inset) Tyson Fury at the Sports Personality of the Year Awards 2015
One thing is sure, Tyson Fury is attracting a lot of public interest back to the Heavyweight division, and, love him or loathe him, he is the Champion of The World. No mean feat for the son of a former bare-knuckle unlicensed fighter named Gypsy John Fury.
Interesting boxing facts l George Foreman, twice Heavyweight Champion of the World, has made more money from selling his George Foreman cooking grills than he ever did during his boxing career. l Hall of Fame boxer Sugar Ray Robinson once backed out of a fight because he had a dream that he was going to kill his opponent in the ring. After a priest and minister convinced Robinson to fight, he went into the ring and killed his opponent, Jimmy Doyle. l In 1949 an official boxing match between a bear and a man was held. The bear won. l Fans sent ‘Get Well’ cards to Evander Holyfield in advance of his fight with then champion Mike Tyson where he was the 25-1 underdog. Holyfield went on to win the fight in one of the most shocking upsets in boxing history. l In professional boxing the record for most career knockouts is 131 in 219 fights, held by Archie ‘The Old Mongoose’ Moore. l Tommy Burns was the shortest ever Heavyweight Boxing Champion ever, at 5 foot 7 inches. l Thai prisoners are released early if they take part in special boxing matches against foreigners. l Actor Liam Neeson was an Irish amateur boxing champion before the age of 25.
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House of Lords debate
Insidetime January 2016 www.insidetime.org
The future of legal aid The House of Lords debate the subject of legal aid on UN Human Rights Day December 10th 2015 “respect the rule of law, defend the independence of the judiciary and discharge my duty to ensure the provision of resources for the efficiency and effective support of the courts for which I am responsible”.
Lord Howarth of Newport (Lab): In 1987, the Conservative Government commenced a long attrition of public spending on legal aid. The Labour Government more or less carried on the policy after 1997. But it was the coalition Government that really took the axe to legal aid. The coalition parties had no mandate for this; their manifestos had not hinted at it. They claimed that the global financial crisis obliged them to make drastic cuts to the legal aid budget. Kenneth Clarke’s Legal Aid, Sentencing and Punishment of Offenders Act 2012 - LASPO - excluded all but the very poorest from eligibility for civil legal aid and took out of scope, with only very limited exceptions, clinical negligence, employment, private family law, housing, debt, immigration, education and even social security. At the very same time, the Ministry of Justice was wasting very large sums elsewhere. The department was being ripped off by contractors claiming money for tagging non-existent prisoners and was duplicating an internal IT system in ignorance of a parallel project being run by the Cabinet Office.
He set about an extensive and extraordinary assault on the rule of law, including a further attack on legal aid. In 2013, he announced his intention to cut another £200 million per annum. In a consultation paper with the Orwellian title Transforming Legal Aid: Delivering a More Credible and Efficient System, he proposed further narrowing of the scope of matters covered by civil legal aid, for example prison law and judicial review; further reductions in payment rates for areas of civil legal aid that remained within scope, such as childcare cases; restructuring of the criminal legal aid market with cuts in legal aid rates for solicitors and barristers; and further restrictions on eligibility, for example a residence test. In response to the consultation, writing in the Solicitors Journal, John Halford and Mike Schwarz said: “Legal aid is not a welfare benefit; it is an equalising measure. Its aim is to ensure that everyone subject to UK jurisdiction can enjoy their rights in a meaningful way through access to legal advice when it would otherwise be unaffordable and representation funded to the extent necessary to ensure that the merits of any court case will determine the outcome, rather than the relative wealth or power of the opposing parties”. They went on: “These fundamental principles remain shamelessly compromised by the Government’s proposals … The crime proposals perpetuate a dangerous trend; those for civil work will create a silenced minority whose cases will never be heard by our courts, regardless of their merits or what is at stake”.
Mr Clarke’s successor, Chris Grayling (pictured), placed a novel interpretation on the Lord Chancellor’s oath of office, to,
As the President of the Supreme Court, the noble and learned Lord, Lord Neuberger, has said, when a case is dropped for lack of legal aid, it is, “a blot on the rule of law”.
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The Public Accounts Committee on 19 January 2015 stated: “The Ministry of Justice … is on track to make a significant and rapid reduction to the amount that it spends on civil legal aid. However, it introduced major changes on the basis of no evidence in many areas, and without making good use of the evidence that it did have in other areas. It has been slow to fill the considerable gaps in its understanding, and has not properly assessed the full impact of the reforms. Almost two years after the reforms, the Ministry is still playing catch up: it does not know if those still eligible are able to access legal aid; and it does not understand the link between the price it pays for legal aid and the quality of advice being given. Perhaps most worryingly of all, it does not understand, and has shown little interest in, the knock-on costs of its reforms across the public sector. It therefore does not know whether the projected £300 million spending reduction in its own budget is outweighed by additional costs elsewhere”. What an abysmal way to govern. The Government consider justice too expensive. They need to grasp that injustice is even more expensive. The rule of law underpins not only a just and humane society, but the health of our economy.
Lord Lester of Herne Hill (LD): Today is international Human Rights Day. One fundamental human right is effective access to justice, protected by the Human Rights Act and the common law. It is a state’s duty to provide a system of legal aid that enables everyone, including the poor and not so rich, to have effective access to courts and tribunals. Fifty years ago when I began to practise law, our legal aid system was the best in the world. It was the Attlee Government’s great achievement to have brought in the Legal Aid and Advice Act at a time of severe post-war austerity. Its vision was that no one should be unable to defend a legal right or bring a just and reasonable claim because of lack of means. The Government anticipated that reforms would encourage potential litigants to engage in alternative dispute resolution. Those calculations were misjudged. In January 2015, the Commons’ Public Accounts Committee found that mediation for family law matters had fallen by 38% rather than increasing by 74% as the ministry expected. The previous Lord Chancellor imposed exorbitant taxes on justice. For the first time, court
33
fees do not reflect the administrative costs of the court: instead, the Treasury profits from people seeking to enforce their legal rights. The justice system is too expensive for traders, small businesses and the victims of personal injuries. I warmly welcome last week’s decision by the new Lord Chancellor to scrap the criminal courts charge and announce a review into court-ordered financial impositions for offenders. It is vital that these assaults on our two-nation justice system are reversed. What use is the rhetoric of human rights if the system, like the Ritz hotel, is open only to the rich?
Lord Judge (CB): We have got to recognise that it actually matters whether we lock people up for things they have not done or fail to lock up people for things they have done that they are proved to have done, and that the future of every single child matters when its parents are in dispute? We are talking about whole lives that lie ahead. I am going to talk about crime because of a great brain drain to the criminal Bar. We see bright, intelligent men and women who have committed themselves to qualification, to training, to pupillage, to finding a tenancy and to practising for 10 years who are now leaving the profession. It is not that they want to make a lot of money but they do want to make a living. They have responsibilities and they want to meet their responsibilities. They are going. Where, I ask, is the future crop of Queen’s Counsel to come from, Queen’s Counsel available to be briefed by both sides - the defence and the prosecution? Where, I also ask, is the future crop of criminal judges to come from, men and women who have had experience of years in the criminal justice system and who are regarded as competent enough to be appointed to the Bench? For those of us who worry about these things, perhaps the answer is the future students. The quality of advocacy matters. After all, we run an adversarial system and are proud of it. An adversarial system is no better than the advocates who do the adversing. The result is - the signs are there to be seen already - our criminal cases are taking longer and longer. The administration of justice cannot be as well done. If you bear in mind that every case that takes longer means that a defendant, sometimes in custody, is waiting for his or her case to come up, you will understand that justice is being damaged. If we go on the way we are doing, 25 years or so from now we will be looking around for the diverse judiciary that we want. We will be going back to the days when to practise at the criminal Bar meant that you came from parents who were reasonably prosperous and who could support you. The young man or woman with no such advantage cannot afford to start at the criminal Bar. I am really asking no more than this: can we please recognise that what was the future in the early 1960s should not become a footnote in history?
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News from the House
Insidetime January 2016 www.insidetime.org
Parliamentary Questions Highlights from the House of Commons Young Offenders: Reoffenders
Imran Hussain: To ask the Secretary of State for Justice, what steps his Department is taking to reduce reoffending by 18 to 25 year olds. Andrew Selous: The number of young adults aged 18-24 cautioned, convicted or released from custody in the 12 months ending September 2013 has fallen by 25% since 2002. We are committed to doing more to support young adult offenders whilst they are in prison and in the community to enable them to make an effective contribution to society and to reduce the likelihood of their reoffending. For the first time in recent history, offenders sentenced to less than 12 months in custody will receive supervision and support on release. A diverse range of organisations, including the voluntary sector, are providing individuals with support that aims to reduce their likelihood of reoffending, including help with finding or retaining employment, accommodation, and advice on finance and debt.
Prisons: Education
Antoinette Sandbach: To ask the Secretary of State for Justice, what steps he is taking
to improve the provision of education in prisons; and if he will make a statement. Andrew Selous: Increasing numbers of prisoners are engaged in learning but Ofsted Inspections confirm that one in five prisons has an inadequate standard of education provision and another two fifths require improvement. This is why I have asked Dame Sally Coates to chair a review of the quality of education in prisons. Mr Barry: To ask the Secretary of State for Justice, what steps he is taking to promote peer to peer mentoring projects (a) in general and (b) to improve literacy and numeracy in prisons. Andrew Selous: On 8th September, the Secretary of State announced a review of the quality of education in prisons, chaired by Dame Sally Coates. She will work with a panel of experts to produce proposals regarding the improvement of education in prisons and they will be visiting prisons to assess provision first hand. The review will examine the scope and quality of current provision in adult prisons and in
young offender institutions for 18-20 year olds; review domestic and international evidence of what works well in prison education to support the rehabilitation of different segments of prison learners; and identify options for future models of education services in prisons Peer support is already used in many prisons and is an important part of the rehabilitation process for all the individuals involved. A wide variety of peer support occurs in prisons, including:
Mr Shailesh Vara: The Ministry of Justice has not made any estimate of the number of criminal appeals departments in law firms that have closed since the changes to legal aid funding introduced in the Legal Aid, Sentencing and Punishment of Offenders Act 2012 were introduced. All Criminal Legal Aid Contract holders are entitled to undertake Criminal Appeals and Reviews work.
Dental Services
Sir Alan Duncan: To ask the Secretary of State for Health, what the average waiting time is for a prisoner to see a dentist after having submitted a medical application (a) nationally and (b) at HM Prison Leicester in the last five years for which figures are available.
• induction support • abstinence support • learning and skills support • provision of advice • mentoring • support to vulnerable prisoners • advocacy.
Legal Aid Scheme
ers Act 2012 were introduced.
John Pugh: To ask the Secretary of State for Justice, what estimate has been made of the number of criminal appeals departments in law firms that have closed since the changes to legal aid funding introduced in the Legal Aid, Sentencing and Punishment of Offend-
Ben Gummer: Data is not available in the requested format. A snapshot survey of prison dental services was published by Public Health England in July 2014, in partnership with NHS England and the National Offender Management Service. This identified that approximately 55% of prisoners needing dental treatment following examina-
THANKS TO A SAFETY RAIL AND A DODGY SCREW WE WERE ABLE TO CLAIM £30,000 FOR INMATE 3670 Inmate James Costelios’ top bunk didn’t have a safety rail, he rolled and fell 5 feet onto an unforgiving concrete floor and fractured his pelvis. Unfortunately the subsequent operation failed because a collapsed screw underpinning the fracture went undetected.
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News from the House
Insidetime January 2016 www.insidetime.org tion were seen within four weeks. The survey also identified that prisoners held in category B prisons, including Her Majesty’s Prison Leicester, waited three to four weeks for treatment on average following examination to identify required treatment.
EU Nationals
Philip Hollobone: To ask the Secretary of State for Justice, which three EU countries have the largest number of foreign nationals in UK prisons; and how many such prisoners there are from each of those countries. Andrew Selous: The three EU countries with the largest number of foreign national offenders in prison are; Poland 951, Ireland 783 and Romania 629 as of 30th September 2015 last published figures. The EU Prisoner Transfer Agreement is beginning to take effect. Poland has a derogation until the end of January 2016 from the agreement to allow time to improve their prisons.
Mental Health Task Force
David Burrowes: To ask the Secretary of State for Health, whether a representative of HM Prisons Service sits on the Mental Health Task Force. Alistair Burt: The Mental Health Task Force does not include a representative of HM Prison Service amongst its membership.
Young Offender Institutions: Visits
Service developed a model of cyclical four week menus, working closely with their food suppliers and nutritional technologists. As part of this process, a dietary and nutritional specialist was commissioned to review, analyse and make recommendations on the overall balance and nutritional content of the menus. These recommendations were incorporated and the menus are available to Prison Catering Teams. Prisons are also encouraged to seek nutritional advice on any changes to menus to ensure they meet national standards.
Prisons: Construction
Peter Bone: To ask the Secretary of State for Justice, what estimate he has made of the (a) average cost of building new prisons planned by the Government and (b) length of time it will take from conception to completion to build such a prison. Andrew Selous: £1.3bn will be invested to reform and modernise the prison estate to make it more efficient, safer and focused on supporting prisoner rehabilitation. The government will build nine new, modern prisons, five of which will open in this Parliament and the rest shortly after.
Prison Accommodation
Philip Davies: To ask the Secretary of State for Justice, what the average size of a cell is in (a) male and (b) female prisons.
Andy Slaughter: To ask the Secretary of State for Justice, how many young people aged between 18 and 20 (a) are currently on closed visits and (b) have been placed on closed visits in the last 12 months at (i) HMP/ YOI Moorland, (ii) HMYOI Aylesbury, (iii) HMYOI Swinfen Hall, (iv) HMP/YOI Portland and (v) HMP/YOI Parc.
Andrew Selous: The information requested is not held centrally.
Andrew Selous: The table below provides the numbers of young people aged between 18 and 20 (officially classed as Young Adult prisoners) (a) on closed visits on 27 October 2016 and (b) placed on closed visits in the 12 months up to and including 27 October 2016 at (i) HMP/YOI Moorland, (ii) HMYOI Aylesbury, (iii) HMYOI Swinfen Hall, (iv) HMP/YOI Portland and (v) HMP/YOI Parc.
Prisoners
Number of Young Adults (aged 18-20) on closed visits 1* 2** Moorland Aylesbury Swinfen Hall Portland Parc
2 27 3 2 2
15 115 8 7 4
1 As at 27 Oct 2016 2 12 Months to 27 Oct 2016
Prisoners: Nutrition
Jim Cunningham: To ask the Secretary of State for Justice, pursuant to the Answer of 23 October 2016 to Question 12252, what plans his Department has to increase the nutritional content of meals served to the prison population. Andrew Selous: Meals offered to prisoners are nutritious, balanced, varied and in line with government recommendations on eating a healthy diet. Last year, National Offender Management
Editorial note: The Prisons Minister should know that according to the Prison Service Operating Standards the minimum size of a prison cell should be 5.5 square metres or 1.3 times that size for double cells.
Philip Davies: To ask the Secretary of State for Justice, what the average number of prisoners is per cell in (a) male and (b) female prisons. Andrew Selous: As at Friday 27th November 2015 the average number of prisoners per occupied cell in both male and female prisons is one. Editorial note: This response from the Prisons Minister will come as a huge surprise to all those prisoners who are living in overcrowded conditions. The prison system as a whole has been overcrowded in every year for the past 30 years At the last count the average number of prisoners doubling up in cells designed for one occupant was 18,515 (22% of the total prison population).
Alcoholic Drinks
David Simpson: To ask the Secretary of State for Justice, how many prisoners have been found (a) in possession and (b) under the influence of alcohol in each of the last five years. Andrew Selous: The National Offender Management Service (NOMS) has in place a comprehensive range of security measures and searching techniques to detect items of contraband including drugs and alcohol, to prevent smuggling into prisons. We use specially trained dogs to detect illicit alcohol and drugs. We are also piloting the use of body scanners to reveal drugs concealed within
the body. There has been an increase in the number of drug finds over the past five years, which is likely to have been partly caused by improved and increased reporting. NOMS does not record centrally the number of prisoners found under the influence of alcohol and drugs. This information could only be obtained at disproportionate cost. The table below gives the number of prisoners found in possession of alcohol in prisons in England and Wales in the time frame requested. Number of alcohol related finds incidents, England and Wales, 2010 to October 2015 2010 2011 2012 2013 2014 2015 (to October)
387 574 805 875 1,091 1,045
Incidents where drugs were found in prisoner’s possession England and Wales, 2010 to October 2015 2010 2011 2012 2013 2014 2015 (to October)
1,248 1,217 1,565 1,556 2,289 2,255
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Written Statement made by The Parliamentary UnderSecretary of State for Justice, Minister for Women, Equalities and Family Justice Caroline Dinenage MP The management and care of transgender people in prison is a complex issue and one that the Government takes very seriously. NOMS is committed to incorporating equality and diversity into everything it does and treating offenders with decency and respect. Currently, transgender adult prisoners are normally placed according to their legally recognised gender. However, we recognise that these situations are often complex and sensitive. That is why prisons exercise local discretion on the placement of those who live, or propose to live, in the gender other than the one assigned at birth. In such cases, senior prison management will review the individual circumstances, in consultation with medical and other experts. However, we have received a number of representations expressing concern that the present system doesn’t sufficiently address the needs of transgender prisoners.
Prisoners: Suicide
Luciana Berger: To ask the Secretary of State for Justice, what (a) number of suicides took place and (b) what this number is as a proportion of the total by individuals who were not on the Assessment, Care in Custody and Teamwork programme in prison in each year since 2010.
As already announced, NOMS is undertaking a review of Prison Service Instruction 7/2011 to ensure that it is fit for purpose and provides an appropriate balance between the needs of the individual and the responsibility to manage risk and safeguard the wellbeing of all prisoners.
Andrew Selous: Every death in custody is a tragedy, and we are committed to reducing the number of self-inflicted deaths in prisons. Information on all deaths in prison custody can be found in the Safety in Custody statistics which are available at: https:// www.gov.uk/government/collections/safetyin-custody-statistics. The National Offender Management Service records “self-inflicted deaths” rather than “suicides” as a category of incident, as the intention of the prisoner may not be known reliably. These statistics are published quarterly, and the most recent publication contains information on deaths in custody up to 30 September. The next set of statistics will be published on 28 January 2016.
The review will now be widened to consider what improvements we can make across prisons and probation services and across youth justice services.
Prisoners identified as being at heightened risk of suicide or self-harm are cared for under the Assessment, Care in Custody and Teamwork (ACCT) process. An individual ‘care map’ will be put in place and kept under review to make sure it remains suitable.
The review will develop recommendations for revised guidelines which cover the future shape of prison and probation services for transgender prisoners and offenders in the community. The review will be coordinated by a senior official from the Ministry of Justice who will engage with relevant stakeholders, including from the trans community, to ensure that we provide staff in prisons and probation with the best possible guidance. NOMS, the YJB, the NHS and The Government Equalities Office will provide professional and operational expertise.
2010 2011 2012 2013 2014 2015
In addition, Peter Dawson, and Dr Jay Stewart will act as independent advisers to this review. Peter Dawson is deputy director of the Prison Reform Trust and has served as deputy governor of HMP Brixton and governor of HMP Downview and HMP High Down. Dr Jay Stewart is a Director of Gendered Intelligence, an organisation that aims to increase understandings of gender diversity.
1* 60 59 57 64 91 2** 46 41 39 42 63 1 Number of self-inflicted deaths 2 Not on an open ACCT
A copy of the Terms of Reference will be placed in the libraries of both Houses. The Review will be expected to conclude its work early next year.
The table below shows most recently published statistics for the number of self-inflicted deaths in each period since 2010, and the number and proportion of prisoners not on an open ACCT at the time of death.
95 56
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Terry Waite Writes
Insidetime January 2016 www.insidetime.org
From over the wall
the Vatican and the law operative in Italy. If they are found guilty by the Vatican will they then have to serve their term in the police headquarters? If they were released into Italian custody would the Italians keep them? For in Italy, so I understand, they have committed no crime. I am not a lawyer and am not going to even attempt to predict what will happen. Time will tell.
Terry Waite writes his monthly column for Inside Time
The Vatican jail takes its place alongside other small jails around the world. It is said that the Prison on the remote island of St Helena is the smallest in the world. Well, I think the Vatican beats it, although I have never been inside the prison in Jamestown I have seen it from the outside and its certainly larger than four rooms. Ascension Island some few hundred miles away is another remote place and the prison there is just like a small bungalow surrounded by a simple fence the other side of which one may see prisoners’ washing hanging out to dry. There is no point in escaping as like St Helena, the island is miles away from any landmass.
Terry Waite CBE
M
any years ago when I lived in Rome I was a frequent visitor to Vatican City which, as most people will know, is situated right in the heart of Rome and is the place where the Pope has his official residence. It has its own railway station, prints its own stamps and even has a duty free shop where residents can buy goods cheaper than they can in Italy just a few yards down the road. Attention has been drawn to this City State recently because of a trial taking place there. Several individuals are on trial for allegedly leaking state secrets but it was not the trial that interested me so much as the fact that the Vatican actually has a prison. It’s not a very big prison but then Vatican City is not a very big place and the residents are mainly priests or members of religious orders. That is not to say there are no lawbreakers amongst the clerical ranks. Clearly there are but usually not too many. Either that or they are pretty good at evading detection! The old prison, built long before the days of Vatican City was just across the road in the Castle de St Angelo. This fortress, situated on the banks of the river Tiber, was a fearsome place and prisoners could expect a hard time should they have the misfortune to be incarcerated there. The Vatican prison
From The Vatican jail a prisoner can often see the Pope walking in his private garden.
was opened in the 1920’s and was made up of about three rooms with bars on the windows. It was located near to the Pope’s quarters and it is said that a prisoner could look through the bars at the Pope walking in his private garden. Not that there were many prisoners. It is said that the first person to be held there was in fact a Swedish women who laid into a Canon of the Church in St Peter’s. How severely she beat him or why is not known to me but her act was sufficient to get her locked up for a few days before she was declared to be suffering from mental illness and sent back to Sweden. There was then a break until after World War II when some desperado robbed the collecting box in St Peter’s and was despatched to the Vatican Jail. He was followed by one who robbed the Vatican food store! Why he did that goodness knows as one
might have though if he was starving some benevolent cleric might have offered him a crust but perhaps the bandit was after cash. I don’t know. The jail, being near to the Pope’s dining room was quite a walk away from the HQ of those who policed the Vatican and also it was hardly used, as miscreants were usually handed over to the Italian authorities who dealt with them according to Italian law. So, it was decided to move the prison to the HQ of the Vatican Gendarmes where it is now located. I don’t know if it has one, two three or the maximum of four rooms but whatever it is small and is now occupied by those who are facing the full force of Vatican law. The case now before the Vatican Judge is complicated because there is a difference between the law as defined by
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Probably the most curious prison I have ever visited and actually spent time in was when I was a hostage in Beirut. For some weeks I was kept in an underground prison situated beneath a carpark. This place had real prison doors and there were no more than five cells. Mine was tiled and had a concrete floor. It was a far cry from having a sight of the Pope enjoying an afternoon walk! Well, wherever you are, large or small jail make the best of this New Year. Keep cheerful and I do hope you find some peace and happiness in 2016. Terry Waite was a successful hostage negotiator before he himself was held captive in Beirut between 1987 and 1991 (more than 25 years ago). He was held captive for 1763 days; the first four years of which were spent in solitary confinement.
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Short Story
Insidetime January 2016 www.insidetime.org
the strength to swat away the flies which swarmed around her as she trudged painfully slowly towards her goal. As Kibi got slowly nearer where she hoped the waterhole would be fears began to rise in her as to what she may find. Would there still be water? And if there was what manner of other creatures would also be there in search of its life giving properties? After hours of effort she finally stumbled into the clearing where once she had swum with other children from the village. It was now a desolate scene. The earth dry and cracked was now littered with bones of long dead animals picked clean by scavengers except for a small red sludge which sat in the middle. She fell to her knees oblivious to any dangers which may be around but she need not have feared for all the animals were either dead or long gone.
Kibi by James The winners of the 2015 Prison Reform Trust writing competition have been announced. Winning entries were chosen by judges Minette Walters, Rachel Billington, Chris Mullin, Erwin James, Kingslee ‘Akala’ Daley and Femi Oyeniran. There were three categories: short story; lyric/rap; and comment. There were around 767 entries across all categories - the highest number received in the history of the competition. Judges commended the high standard of entries to the competition. Some of the winners will be published in the Guardian and all of them can be read on the Prison Reform Trust website www.prisonreformtrust.org.uk This month we publish a runner up in the short story category, Kibi by James. We will publish other winners in future issues of Inside Time.
Mark Day - Head of Policy and Communications
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T
he scorching African sun beat down mercilessly on to what was left of the primitive village of Mwaaka. Among the scattered huts bleached and twisted bones of dead animals protruded from the dust dry sand like some kind of bizarre sculpture. The stillness of the early morning broken by the feeble cry of a new born baby, her mothers gaunt and emaciated frame clutching the baby as tightly as her fading strength would allow but the endless weeks of drought and famine had taken its toll and the desperate mother could bear no milk for her child.
desert heat, but now they had exhausted their meagre supplies and things were looking bleak. As she listened to the plaintive cries of her new sister, Kibi decided she had to do something. She pulled a large earthenware ewer from one of the huts and fastened it securely into a papoose and with an effort she didn't know she had in her pulled it on to her back, knees almost buckling under the weight of the empty vessel. How would she cope if she managed to find water to fill it she wondered? It was going to be a challenge but one she must come through for all their sakes.
Kibi looked on helplessly as her mother and As she left the sparse shelter of the village the sister clung on to life. She too was skin and harsh rays of the sun seared down more rebone, her skeletal frame not looking like that lentlessly than ever. Every step she took sapof a seven year old. She knew that she must ping what little strength was still in her. Kibi try to do something, but what? The village well had long since gone dry and everyone knew she must somehow reach the waterhole which used to lie three miles ahead. Never but Kibi and her heavily pregnant mother had had she been as vulnerable or afraid but never left some time ago. They had been abanhad she been so determined. Her lips dry and doned to their fate, given more chance in the cracked, her body aching she didn't even have shelter of the village than in the remorseless Blackfords new ad 24.1.14:Layout 1 24/1/14 12:59 Page 1
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Kibi clawed desperately at the remains of the waterhole and raised handfuls to her mouth hoping to suck some goodness from it but it did little to help quench the thirst raging within. With her strength failing she scooped handful after handful into the ewer on her back and when she could do no more she dragged herself to her feet and began the arduous journey home. Somehow she dragged her tiny body on step after painful step summoning an inner strength and will to survive she didn't know existed. Like a mirage shimmering through the desert haze the village at last came into sight. As Kibi reached the family hut she could see the still and lifeless bodies of her sister and mother lying on the floor. Too dehydrated to even cry Kibi collapsed to the ground her will to survive broken. As she lay on the baked earth a trickle of red oozed over her shoulder and disappeared as though by magic on contact with the ground. As her life ebbed away just as surely as the contents she had bravely carried had done, she could see the shadows of the vultures, circling, watching, waiting. They knew they wouldn't have long to wait.
38
Legal
Insidetime January 2016 www.insidetime.org Advertorial
Sentencing in the Crown Court & Criminal Appeals David Wells Head of complex crime & criminal appeals - Wells Burcombe LLP
I
have no doubt that if you asked most of the crown court judges what they find the most complex aspect of their job, the vast majority would say it was the sentencing of defendants. This would come as no surprise to me. Sentencing laws change very frequently and the sentence that is ultimately passed will be dependent on many many factors. The complexity of sentencing in the crown court means that many sentences that are passed are simply wrong, whether it’s because they are excessive or because they are, less frequently, wrong in law. Unfortunately, although appeals are common, they are not always drafted correctly. There are three issues which have struck me most over the years during my time dealing with criminal appeals. Firstly, barristers and solicitor-advocates all too frequently advise defendants who have just been sentenced that they have to accept that the sentencing judge passed a sentence that cannot be appealed without really looking in to the law and guidelines that apply. Secondly, it is clear that sentencing is absolutely subjective. What may be perceived as an excessive sentence for one barrister or solicitor advising may not be perceived in the same way by another barrister when a second opinion is requested. Thirdly, it has always amazed me that when advising on the prospect of an appeal following conviction and sentence, lawyers simply put in writing that they feel there can be no appeal without explaining exactly why. To do so would take time and a proper understanding of sentencing law, something which a lot of barristers and solicitors simply do not have. As I say, for a judge the sentencing exercise must be a daunting one, particularly where there are multiple offences, different offences, where a defendant has numerous previous convictions, or where there are multiple defendants. Common problems faced by judges would also include what degree of credit should be given following a guilty plea, sentencing for historic offences, what degree of discount to give for apparent assistance to the police, how to take in to account TIC’s, taking in to account law changes, how and when to apply the guidelines, whether to impose concurrent or consecutive sentences for multiple offending, and reflecting issues concerning mental and physical health. Judges also need to be careful not to be influenced by their own emotion. Some cases are particularly disturbing or emotionally draining and there is no place for personal feelings when it comes to sentencing. There is also the issue of ‘totality’ to consider.
Ignoring the principle of totality is a very common appeal ground. Take this very simple example. Imagine a defendant appearing before the court having pleaded guilty for a single offence. Sentencing for this single offence is likely to be quite straightforward. Compare that example to a defendant who appears in court having been found guilty to 5 offences, each different and carrying different maximum terms. In this example, the judge has a very difficult exercise, and ultimately he or she has to be very careful not to offend the principle of totality, i.e., not to pass a total sentence that is just too long. Given that this is a very difficult exercise, it is hardly surprising that mistakes are made. Wells Burcombe review quite a number of sentences and, together with competent Counsel such as Robert Banks, very often identify appeal grounds that others lawyers have not identified. Take, for example, the client who recently had his exceptionally rare whole life term substituted with a minimum term of 12 years. The original whole life term was deemed to have been wrongly imposed. It makes a huge difference to an inmate facing the prospect of never being released when they are told, having successfully appealed that release is a real possibility at some point in the future. This appeal raised points of law not previously spotted. Wells Burcombe have helped many inmates successfully appeal against their sentences, including those serving IPP sentences , some of whom have been immediately released. Wells Burcombe are involved in a number of cases concerning IPP’s due to be heard this month at the Supreme Court. Sentencing law is complex. Any of the issues referred to above are capable of amounting to an appeal against sentence. Appeals against sentence can be successful. Choosing the right team is key. Legal aid is often available to instruct new lawyers to review a case and for those who are not eligible for legal aid and who can afford to pay, fixed fees are often available although fee structures are determined on a case by case basis. Wells Burcombe offer a nationwide service.
U-turn on court fees Michael Gove admitted the criminal courts charge had ‘fallen short’
T
he Howard League for Penal Reform has secured another major campaign victory after the Secretary of State for Justice, Michael Gove, announced that the criminal courts charge is to be abolished. The charge was introduced in April, and the Howard League has led the opposition to it ever since, highlighting dozens of cases from across England and Wales that illustrate why the policy is unfair, unrealistic and unjust. Cases that the Howard League brought to national attention include a woman “who had not eaten in days” but was ordered to pay more than £300 for stealing a 75p pack of Mars bars; a homeless woman who was told to find £200 for begging in a car park; and a frustrated judge who was told he had no choice but to impose a £900 charge on a homeless shoplifter. The Howard League presented its dossier of cases to the House of Commons Justice Committee. The charity also gave oral evidence to the Committee, which subsequently called for the charge to be abolished. Frances Crook, Chief Executive of the Howard League for Penal Reform, said: “We welcome
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“There remains the problem of people who have had the criminal courts charge imposed on them, many of whom will simply not be able to pay. We call on magistrates to exercise compassion and common sense when these unfortunate people are returned to court.”
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this decision and applaud the Secretary of State for acting quickly to get rid of a charge that was simply unfair. This is a victory for justice. It augurs well for changes being made to the courts and penal systems, which both need radical reform.
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Avoiding a knockback How to prepare for your Parole Board hearing John Griffith Head of Prison Law Team Emmersons Solicitors
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n increasing number of Parole Board oral hearings are being granted now, due to the fact that they must now be granted where it is of importance to the prisoner that they have an oral hearing of their case, as opposed to previously, when they were generally only granted if report writers were recommending release or transfer to open conditions.
In an ideal world, a prisoner who has genuinely addressed the issues arising from of-
Turn to
3 - Revise: Go through any workbooks and reports you have from offending behaviour programmes you have done. You will be expected to be able to explain what skills you still use from these programmes and give examples of when you last used them. © Fotolia.com
fences he or she has committed and answers questions honestly at their hearing, should always be released by the Parole Board. Sadly, it is not as simple as that. As most of you will be aware, psychological assessments and treatments are considered of paramount importance within the Criminal Justice System at present. This is one way in which instructing a solicitor should assist, as we are able to secure funding to instruct an independent psychologist to conduct such an assessment and we also know which psychologists do good work and which ones think that they must prepare all reports as if they are working for the Crown Prosecution Service. You should not rely on the Prison Service obtaining a psychological risk assessment for your hearing as often they do not and many hearings are being adjourned for several months due to the lack of such an assessment.
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and friends as to support they can offer in the community and any changes they have seen in you over the course of your sentence. They could also be from a prison work supervisor, DART worker or other staff members who are prepared to say positive things about you. Statements from other prisoners who find you a supportive friend or positive influence in some way can be very helpful, but try to ensure that they are not from the prisoners who get into trouble on the wing or it may backfire if you are then considered to be ‘associating with negative influences.’ The best reference of all is from someone who is prepared to offer you employment in the community, as the Parole Board are aware that full time employment can be a major factor in reducing criminal activity. 2 - Do any in cell packs or short duration courses available: Once you have your hearing date, even if you have no accredited offending behaviour work on your sentence plan or have recommendations for release, you should continue to do all you can to show the Parole Board that you see addressing risk as an ongoing need. It is far preferable to having your hearing and then receiving a negative decision because the Panel ‘felt that you did not appreciate the depth of your problems.’
This change in focus, together with the removal of legal aid for issues such as obtaining access to offending behaviour work or challenging one’s sentence plan, has led to oral hearings often becoming the most effective means for a prisoner who has struggled to make progress through no fault of his (or her) own to move forward with their sentence. Even if you are unlikely to be released at your forthcoming hearing or be moved to open conditions as a result of it, it is now possible to ensure that your hearing will put you in a position to do just that at the next one. Increasingly, we have noticed that Panel Chairs are willing to encourage prison psychology departments to reassess prisoners for the required offending behaviour courses and find ways to provide these to those prisoners. It is noteworthy that many such departments, who have previously refused to provide courses and one to one work or even assess someone for this, change their approach completely when issued with a Parole Board direction. The directions of the Parole Board are not merely suggestions, they are essentially judicial orders and must be complied with. A number of our clients have attended a hearing where no one was supporting their release, obtained a direction that the Psychology Department must provide them work within the next few months and then been released at the relisted hearing shortly after completing the work.
39
Don’t waste your next opportunity before the Parole Board CONTACT EMMERSONS NOW and let us get on with preparing your case in good time.
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Instructing a solicitor can also be useful as any experienced prison lawyer will be able to take you through the process of an oral hearing in advance and give examples of the sorts of questions you might be asked in order to ensure that you are not surprised when you get into the hearing. Knowing what is going to happen in advance helps you give better evidence as you will be more relaxed and less likely to be phased if someone does ask a question you were not expecting. If any nasty surprises do come up during the hearing, you would be able to stop the hearing to discuss it with your solicitor, just like in a police interrogation. Solicitors are also in the position to discuss your case with those who will write reports about you, such as your Offender Manager (outside probation) or Offender Supervisor (internal report writer). We can point out truths to them that could be classed by those with a negative mindset as ‘minimisation’ or ‘impression management’. If we tell them that we think you have been unfairly treated over a particular issue it is often accepted and it does not give them the opportunity to allege that you are a ‘complainer’ or ‘anti-authority.’
4 - Keep a diary: Increasingly greater importance is being placed by the Parole Board on prisoners keeping a record about any occurrences of the ‘risk factors’ or ‘schemas’ that are thought to be relevant to them. They like to be able to see that a) you are aware of what your risk factors are thought to be and b) that you are monitoring on a day to day basis when anything that could be linked to these factors has arisen and how you dealt with it. A number of prisoners have not secured the outcome they wanted due to failing to keep such records and the Parole Board are not keen on being told that it wasn’t done because there was no one suitably qualified to discuss it with or no one reminded me that I needed to do it. Great emphasis is now placed on prisoners doing things for themselves and being proactive can work wonders.
It is not simply a matter of instructing a solicitor though and there are many things that you can do which will help to ensure that your hearing goes as well as it possibly could. A number of these things will make the difference between a knockback and release or transfer to open conditions. Even though they may seem obvious, many prisoners do not do these things and are disappointed at the outcome of their hearing as a result.
5 - Keep in touch with your Offender Manager and Offender Supervisor: Tell them about your efforts in doing all of the above and try to ensure that you make them feel that you are someone who will be open and honest and keep them informed about things if you were to be released. Of particular importance is letting your Offender Manager know about your release plans, as anything mentioned at a hearing that they say they knew nothing about will cause the Panel to question whether you have been fully open with the person who will be responsible for your supervision. This can be fatal to a release application. If your Offender Manager or Offender Supervisor ignores your attempts to keep in touch with them, keep copies of letters or applications sent to them and a log of times you have tried to call them. If the Parole Board can see that you have made all reasonable efforts in this respect, it will be very hard for them to hold it against you.
1 - Get references: These can be from family
Best wishes for your oral hearing.
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Legal
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Not always as simple as open and out ... What should happen when an Indeterminate Sentence Prisoner is removed from open conditions Emma Davies Partner Jessica Williams Prison Law Hine Solicitors
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ost Indeterminate sentence prisoners (ISPs) will be expected to have served a period of time in open conditions before the Parole Board will agree to direct their release on licence. Getting to open conditions is a milestone in itself and can only happen for ISPs following a direction made by the Secretary of State, which usually follows from a recommendation made at a Parole Board hearing. However, the achievement of getting to open conditions can often be short-lived for some and they find themselves being returned to closed conditions. This article looks at what should happen following an ISPs return to closed conditions, their rights and the impact it may have on the Parole review process. When can an ISP be removed from open conditions? Situations where such a move can take place can arise when it is felt that an inmate’s potential risk to the public is higher than was previously thought or their behaviour in open conditions has given rise to doubts about their continued suitability for open conditions or release on temporary licence. Examples are:-
• There are doubts about the extent to which relevant risk factors have been addressed; • There are reports of criminal behaviour inside or outside the establishment; • There is behaviour that indicates that the prisoner is an increased risk of absconding; • There is behaviour which may threaten the good order and control of the establishment. Practical examples of these situations could be: • When it transpires that a prisoner has not completed a particular piece of risk reduction work that it was previously thought that he had; • The prisoner accrues a number of negative IEP warnings, or his general prison behaviour deteriorates; • The prisoner receives an adjudication; • The police confirm they are investigating the prisoner for a suspected criminal offence; • Security intelligence or other evidence/information is received to suggest that the prisoner is engaging in crime, using drugs, associating with criminal peers etc. The open prison will determine whether a prisoner’s risk has increased based on all the information available to it. If the prison is of the view that it has, staff should then complete a LISP4 form. This form instigates the removal from open conditions and back to the closed estate. It must set out fully the reasons why the prisoner’s risk has increased and he is no longer manageable in open conditions. The Public Protection Casework Section (PPCS) at the Ministry of Justice must then be informed via the LISP 4. A copy of this
form must also be sent to the inmate’s Offender Manager and should trigger a fresh OASys review. What happens next? On removal from open conditions, prisoners will normally be returned to the prison that they were in prior to being transferred to open. The Regional Custodial Manager must be informed if the prisoner cannot be returned to the initial prison and it will be for the Regional Custodial Manager to decide on further allocation. Reasons why a prisoner may not be returned to the prison that they initially transferred from include the requirement for immediate removal; operational reasons or return cannot be done as a direct transfer. Whenever an ISP has their security category raised the procedure set out in paragraphs 4.2.6 to 4.2.13 of PSO 4700 (Chapter 4) must be followed. In brief this states:1. A sentence planning and review meeting should be convened prior to an inmate’s transfer back to closed conditions. If this is not possible then a board must be held, by the prison making the category decision, as soon as possible after transfer. Reports from the inmate’s Offender Supervisor and the Security department must be provided highlighting the concerns and reasons for considering a higher security category. 2. An ISP must then be notified in writing of the reasons or evidence for raising their security category, unless it is decided to be withheld on grounds of security or to protect the safety of a third party. This information must be given to the inmate prior to their transfer to the closed estate. 3. At the same time as being given notification of the reasons for raising their security category the ISP must be advised of their entitlement to make written representations (via a solicitor if they wish). If no representations are received in writing it will be assumed by the prison that the ISP does not wish to make any. These representations must be submitted within 28 days, which is a fixed deadline and will not be extended unless there are exceptional circumstances.
Our open, friendly solicitors working in Criminal Defence will help you with all aspects of Prison Law including:
4. The Governor of the prison re-categorising must make a final decision about the inmate’s category status within 14 days of receiving their written representations. However, the ISP is also able to make a separate appeal through the complaints process against any decision to transfer them.
Licence recall • Adjudications Parole hearings • IPP queries Judicial review • Sentence planning issues
5. The ISP must have their re-categorisation confirmed to them in writing and a form RC1 must be completed clearly setting out the reasons for re-categorisation in the event that the representations are rejected or are not received within the 28 day deadline.
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What decisions can be made? The prisoner will be returned to the closed estate initially for 28 days. Following this, the PPCS will make one of two decisions open to them.
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The PPCS can either issue the prisoner with a written warning, and return him back to the open estate. Practical examples of when this may happen may be:• The adjudication which returned him to closed conditions has now been dismissed;
• The security intelligence which returned him to closed conditions has now been investigated and confirmed to be untrue; • The police confirm they are taking no further action in respect of any investigation which may have led to the return to closed conditions; • The reasons for the removal from open conditions have now been fully investigated by the prison and are not as they were initially thought. If the PPCS feel they are unable to deal with the matter by way of written warning and resending the prisoner back to open conditions, then the matter will be referred to the Parole Board. This is known as an Advice Case. The PPCS refer the matter to the Parole Board for advice on whether or not the prisoner is suitable to be returned to open conditions. This is done at an oral hearing where a panel of the Parole Board hear all the evidence, conduct a full risk assessment of the prisoner and advise the Secretary of State as to whether they feel the prisoner should be returned to the open estate. If a decision is made by the PPCS to refer the inmate’s case to the Parole Board to ask them to provide further advice, then a Parole Review will be conducted which simply looks at whether the inmate in question continues to remain suitable for open conditions taking into account any representations received from the ISP. Prisoners should also note that there is no legal aid available for representation from a prison lawyer at an advice oral hearing. This is because the Parole Board will not have the power to direct the prisoner’s release at an Advice Case; only the power to recommend open conditions again. What if I am already subject to an ongoing Parole Review? Where the Generic Parole Process (GPP) is about to begin or has already begun, the Parole Board will almost certainly combine the Advice Case with the normal Parole review, and the issue about suitability for the prisoner’s return to open and/or release will be dealt with together. In this case, Legal Aid IS available, subject to a prisoner’s means, as the Parole Board DO have the power to direct release. What is important to note is that if a prisoner has been removed from prison for absconding then he will not be eligible to be returned to open. What should I do if I am sent back to closed conditions? It is apparent that this is a lengthy and involved process and one which will have a significant impact on an inmate’s liberty if not concluded in their favour. Prompt advice from a Prison Law specialist to assist in preparing the necessary representations and guide the inmate through the procedures is highly recommended. Inmates should at the very least ensure they are provided with all the necessary paperwork and be certain the procedures set out above are followed. Prisoners have a right to make representations. It is quite clear that inmates have a lot to lose following a decision being made to return them to closed conditions and in practice different establishments appear to have different criteria and thresholds for instigating removal.
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We have earned an enviable status when it comes to handling substantial and complex cases, particularly those involving difficult legal challenges and especially those involving human rights. Our ability to argue whether evidence is inadmissible and to make prosecution disclose material that may help the defence case means we proactively defend all our clients. The firm’s dedicated team of criminal lawyers is abreast of all the latest legal developments. They have wide-ranging and in-depth experience of defending the most serious and complex cases - the types of case that we specialise in. Rahman Ravelli appoints Counsel, Queen’s Counsel and experts who have passed our vigorous vetting procedures. We routinely deal with large and high-profile cases, which we take to the highest possible domestic and international courts. Our speciality is defending cases involving large-scale police operations where authorities have been granted under the Regulations of Investigatory Powers Act 2000 (RIPA). Such cases involve informants, covert surveillance, undercover officers and material that requires expertise in disclosure and public interest immunity matters. Many clients come to us on the recommendation of others who benefitted from Rahman Ravelli providing them with a strong, informed and proactive defence against the allegations they faced. It is often the case that other legal firms refer clients to us because we have the best chance of securing a favourable result for that person. At Rahman Ravelli, we have helped shape the law. We have taken cases to the highest courts in the UK and Europe and are acknowledged experts in coordinating defence cases across international borders. Our legal teams are experienced at negotiating with all UK and international authorities. As you read this, you may wonder why you should choose Rahman Ravelli. Of course, we have an enviable reputation. Yes, we have a proven track record of success. We also have a team of solicitors with expertise in every aspect of your case.
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42
Legal Q&A
If you have a question you would like answered please send to: ‘Legal’, Inside Time, Botley Mills, Botley, Southampton, Hampshire SO30 2GB. (including your name, number and prison)
FO - HMP Wayland
Q
I was involved in a confiscation proceeding at the Court of Appeal Criminal Division. The Crown Prosecution Service misled CACD in setting a recoverable amount hence the confiscation order given on the day was unattainable. Can you please direct me to a case law/ precedent case or rules of court that I can use to set aside the judgement in which the confiscation order was given due to the unlawful conduct of the CPS.
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Inside Time Legal Forum Answers to readers’ legal queries are given on a strictly without liability basis. If you propose acting upon any of the opinions that appear, you must first take legal advice. Answers are kindly provided by: Hine Solicitors Reeds Solicitors Frisby & Co Solicitors Pickup & Scott Solicitors Send your Legal Queries (concise and clearly marked ‘legal’) to: David Wells, Solicitor c/o Inside Time, Botley Mills, Botley, Southampton, Hampshire SO30 2GB. For a prompt response, readers are asked to send their queries on white paper using black ink or typed if possible.
simon bethel solicitors Criminal Defence & Prison Law Specialists
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Simon Bethel Solicitors • Appeals & CCRC Referrals 58/60 Lewisham High Street plus allSE13 Family London 5JH Law
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You state that you believe the Prosecution misled the Court in relation to your realisable amount. At the commencement of the confiscation proceedings, you should have served a statement setting out all of your available assets and liabilities, following this the prosecution should have served a Section 16 statement pursuant to the Proceeds of Crime Act 2002, in which they should set out the recoverable amount they believed that you had to satisfy any order made. You should have received a copy of the statement prior to the final hearing. Your solicitors should have advised you on the content and prepared a detailed reply, pursuant to section 17 of the Act, in relation to both the allegations of benefit and available amount. Reasonable time should have been awarded by the Court for the correct statements and evidence to have been exchanged, your solicitors should have ensured that ample time was obtained for the timetable. The recoverable amount is defined in section 7 of the Act, as an amount equal to the defendant’s benefit from the conduct concerned, but the burden is upon the defendant to evidence that his available amount is less than the benefit figure and provide full independent valuations where necessary. Therefore, if you could have evidenced that your available amount was less than that benefit, the recoverable amount is the available amount, or a nominal amount, if the available amount is nil. In relation to the best way to proceed, there are
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two options available to you, the first is an appeal of the order itself, the second is an application for the reconsideration of the available amount under section 23 of the Act, if you can show a material decrease in the value of your assets since the date of your order. Given the circumstances it appears that you should seek advice on appeal.
If the Police still will not return your belongings then you may need to contact a Solicitor or a Barrister. They should be able to give you initial advice. You may need to bring an action under the Police Property Act 1897 to ask the Magistrates’ Court to compel the Police to return your belongings.
Response provided by Frisby Solicitors
..................................................... DV - HMP Guys Marsh
..................................................... KB - HMP Norwich
Response provided by Frisby Solicitors
Q
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I was arrested in a Norwich hotel room on burglary charges. I had two phones, my debit card and £1200 in cash taken from me. Now the court case is over and I received a six year prison sentence. There was no compensation or confiscation order made against me, I did receive £120 victim surcharge. How can I retrieve my property? My solicitor won’t help as it’s not covered by legal aid and the officer who has my property hasn’t responded to my phone calls or letters.
Property will not be returned if the officer in your case has not authorised its release and/or until all relevant matters have been dealt with and court proceedings or investigations have come to a conclusion. If you have been arrested for an offence which involved other individuals some of your property, if deemed as evidence, may still be retained if it is to be used as evidence in your co-defendants cases. In addition, property held as evidence that cannot be satisfactorily represented as a photograph in court may stay in evidence until all legal proceedings are exhausted, including appeals. As you are currently in custody, you can write to the officer in charge stating a trusted person who you wish to collect your property, it is also important that you give signed authorisation to the person collecting the items. If you do not know the details of the officer in charge you will need to provide the Police force with as much information as possible about your case.
I came before the Parole Board in April 2015 and was given an 18 month knock back. They said that they felt I needed to complete the RESOLVE course. I have now completed the course, but can I get my parole review brought forward from September 2016 to April/May 2016 because I have completed all that was asked of me? Also both my inside and outside probation officers have recommended my release. If the PPCS don’t bring the date forward can I JR this on unlawful grounds?
You have asked whether you are able to bring your scheduled Parole Review forward from September 2016 to April - May 2016 however you have not said what type of sentence prisoner you are. I suspect because you said you have an “18 month knock back” that you are on an indeterminate sentence as opposed to a determinate. If this is the case the only way that you could see about an early review would be to contact the PPCS and ask them whether they would be prepared to bring the review forward. If you are a determinate prisoner then you can ask the PPCS to re-review the matter when there is a change of circumstances and your Offender Manager supports release. In order to do this your OM needs to contact the PPCS and tell them they support and ask for a review to be instigated. The PPCS will then ask them to prepare reports for a review. Response supplied by Reeds Solicitors
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Our specialist team are committed to helping victims of abuse and are experts in bringing action against local authorities, such as social services, and residential institutions, such as children’s homes. Our dedicated team of male and female lawyers have a proven track record with sexual, physical and emotional abuse claims. Child abuse can take a long time to come to terms with and it can be difficult for victims to speak out about their traumatic experiences. Regardless of how long ago the abuse took place, you may still be able to make a claim. Anything you say to us will be handled with the utmost levels of professionalism, sensitivity and understanding. Child abuse claims are often eligible for pubic funding and Jordans are recognised by the legal services commission as one of the few specialist providers of legal aid for this type of work in the UK.
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If you have a question you would like answered please send to: ‘Robert Banks’, Inside Time, Botley Mills, Botley, Southampton, Hampshire SO30 2GB. (including your name, number and prison) for those who steal to fund an addiction and a suspended sentence has been tried and has failed, custody would often be the likely sentencing option.
Banks on Sentence Robert Banks, a barrister, writes Banks on Sentence. It is the second-largest selling criminal practitioner’s text book and is used by judges for sentencing more than any other. The book is classified by the Ministry of Justice as a core judicial text book. The app is for Apple iPads and Windows 8/10 tablets and computers and costs £99 (incl. VAT). Updates will appear in the relevant paragraph. The print copy costs £106 and there will be regular updates on www.banksr.com. There is also a discount available when the print copy and app are purchased together. If you have access to a computer, you can follow Robert on Twitter @ BanksonSentence and you can receive his weekly sentencing Alert.
www.banksr.com
Q
I stole money from the company I work for. It was easy as I just created false invoices and paid the money into a company account I set up. Once I discovered how easy it was, I did it again and again. Then there was a surprise audit. I could not explain the amounts to the jury. The prosecution said the loss was over £38,000. As a mother, I spent the money on my daughter. Her father never abides by the court orders. Although my daughter is looked after by my mother, she needs me. I look in the papers and see people being given suspended sentences for this type of behaviour and don’t see why I wasn’t given one. I got 12 months. What determines whether the court gives you a suspended sentence or not?
A
The rule is that courts should not pass a custodial sentence unless it is of the opinion that the offence, or that offence and one or more offences associated with it, was so serious that neither a fine alone nor a community sentence can be justified, Criminal Justice Act 2003 s 152(2). There are two exceptions to that rule which I doubt apply to you. A Suspended Sentence Order is treated as a custodial sentence. The test for a Suspended Sentence Order is that custodial sentences should be suspended ‘if they can’ properly be imposed, see New Sentences: Criminal Justice
Act 2003 Guideline 2004 para 2.2.10. That in reality means the sentencing judge has a discretion whether to suspend the sentence or not. I have little detail about your case other than you seem to have been convicted. That usually makes a big difference, because on a plea of guilty the defendant can express remorse and say they have learnt their lesson. That is not usually possible if there has been a trial. There is a new Theft Guideline 2016 but that will not be in force until 1 February 2016. This means you would have been sentenced on the old law which is primarily based on comparable cases. The Magistrates’ Court Sentencing Guideline 2008 says where the loss in a breach of trust case is more than £20,000 the magistrates should commit the defendant to the Crown Court. So that means you should expect a sentence of over 6 months. A 12-month sentence is well within the range for this type of offence. Although it is not set out anywhere in the guidelines, the factor which makes the most significant difference to whether a defendant receives a suspended sentence is whether he or she has previous convictions. A first-time offender frequently receives a suspended sentence when a repeat offender will not. So
The fact that you are a mother is a relevant factor. Courts avoid sending mothers to prison if that will impact on the welfare of the children. However, the impact in your case will be less because you are not the primary carer. I would not have expected the judge to treat your offence less seriously because you say you spent the money on your daughter, as many mothers with more menial jobs than yours live within their means. Also, I expect the judge would have considered that if you stole £38,000 you are likely to have spent a fair amount of it on yourself. So as you can see, it is an evaluation of the individual facts of the case that determines whether the sentence is suspended or not.
Q
I read in the papers that the government is wanting to reduce the number of people in prison. Will that mean we will be let out early?
A
When Winston Churchill was Home Secretary in 1910-11 he said if we want to reduce the prison population we should stop sending people there. He knew a bit about prison because he had been a prisoner in South Africa in December 1899. When he escaped from his prison he reduced the prison population by one. Since then the government has alternated between being tough on crime and trying to reduce the prison population. Chris Grayling applied the former policy and Michael Gove is applying the latter. Michael Gove wants to be seen as a listening Lord Chancellor. He is not playing to the gallery. He is hoping to be seen as a reforming Lord Chancellor as well. He has scrapped the Criminal Courts charge saying he did so because he was listening to what magistrates said to him. His options for reducing the prison population are limited. I expect he will move to resolve the IPP problem next year and introduce special measures to reduce a section of the prison population. Reducing the time one has to serve in prison for a fixed prison sentence (currently half the sentence) is unlikely because of what
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Legal Q&A
43
happened when that was last advocated. There was a howl of protest. I suspect the two areas he will alter are the time foreign prisoners have to serve and allowing elderly prisoners to be released on a tag. The former is attractive as it would be hoped they would not be released onto our streets. The second is attractive as housing elderly prisoners is very expensive and they are less likely to reoffend than younger prisoners. So the answer to your question is that it is accepted that the current prison population is unsustainable. It is accepted that the large number of prisoners means there can never be proper rehabilitation and some reduction will have to be made. I can only guess what measures will be taken. I suspect that Michael Gove is some way from making up his mind.
Update Linked to the above, I notice the odd coincidences in my recent answers. I see that in my November column I listed all the reasons why the Criminal Court charge was ridiculous. On 3 December 2015, the Lord Chancellor announced it was to be repealed. The last day for the charge is 24 December 2015. In my December column I listed the problems with those serving IPP who were still in custody. On 10 December 2015, the Lord Chief Justice adjourned the decision in the IPP case until January 2016. On the same day the Lord Chancellor announced that he was to review the situation of those serving IPP whose tariffs had expired.
Asking Robert and Jason questions: Please make sure your question concerns sentence and not conviction and send the letter to Inside Time, marked for Robert Banks or Jason Elliott. Unless you say you don’t want your question and answer published, it will be assumed you have no objection to publication. It is usually not possible to determine whether a particular defendant has grounds of appeal without seeing all the paperwork. Analysing all the paperwork is not possible. The column is designed for simple questions and answers. No-one will have their identity revealed. Letters which a) are without an address, b) cannot be read, or c) are sent direct, cannot be answered. Letters sent by readers to Inside Time are sent on to a solicitor, who forwards them to Robert and Jason. If your solicitor wants to see previous questions and answers, they are at www.banksr.com.
Have your lawyers let you down? Do you want Robert Banks or Jason Elliott to represent you? Robert is a specialist in criminal appeals against sentence. Jason is a specialist in criminal appeals, trials and prison law. Contact: David Wells, Wells Burcombe, 5 Holywell Hill, St Albans AL1 1EU
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Books
Insidetime January 2016 www.insidetime.org
Reading group round-up
Pies and Prejudice by Stuart Maconie
Reviewed by Vera Woodhall prison supplied
Image courtesy of Matthew Meadows
Cathy Wells Cole reports on the progress of a new Prison Reading Group at High Down
Left to right: Just Kids by Patti Smith, Brighton Rock by Vintage Greene, The Dipper by Nell Leyshon, Shark by Will Self The group has met monthly since March 2015 with ten members and a short waiting list. There is fantastic support from the librarian Kathryn Walter and her staff and the sessions are lively and enjoyable.
Penguin 80s. Everybody took two initially and we had a swap session last meeting, with all the books spread out on the floor and genuine excitement as we passed them round and made recommendations.
Early on we read three classics: 1984, The Time Machine, and Treasure Island. 1984 provoked some intense discussion, though when I complained about its lack of women, one member said that what I wanted was a novel called Big Sister.
Among the first distribution, Gogol, Herodotus and Chekhov found new fans, as did The Yellow Wallpaper and The Tell-Tale Heart. One disappointment - ‘The Communist Manifesto’ was not at all what its reader was expecting, but it has prompted an interest in manifestos generally which I’ll try to follow up on.
Something contemporary was needed for a change, so we chose Will Self’s Shark - a hectic rush of a book with no chapter breaks, which we all found quite a trial. ‘A panic attack on a page,’ one man said, which perfectly sums it up. In August Kathryn arranged a prison visit sponsored by PEN from Nell Leyshon, who discussed and read from her new novel The Dipper. The reading group were present in force and Nell commented that she had never had such perceptive questions. In October we read Patti Smith’s acclaimed memoir of her life in New York in the 1960s, Just Kids: it’s a fascinating account of a life lived for art, which benefits hugely from Smith’s photographic recall of clothes, rooms and people. The lure of Penguin Classics was still strong, however, and November’s choice was Brighton Rock. Quite a few of the men found its portrayal of the seedy Brighton of the 1930s powerful, though one noted shrewdly that it read as if Greene had gone slumming it with a notebook. The awareness of mortal sin heaped on 17-year-old Pinkie didn’t convince everybody, either. But - glad we’d read it! We often conclude by reading two or three poems from an anthology called Poem for the Day. We don’t tend to discuss individual poems in great detail, but just relish them. Recent reads have included ‘The Rubaiyat of Omar Khayyam’, Yeats’ ‘Sailing to Byzantium’, and Edgar Allan Poe’s ‘The Raven’. The group is also massively enjoying choosing short reads from Penguin Random House’s very generous donation of a complete set of
The format is really popular, with the opportunity to get a taste of a writer you might otherwise never pick up. One man, a great fan of Gulliver’s Travels, went away with ‘A Modest Proposal’, and I’m really looking forward to hearing his opinion of it. The High Down group is part of the Prison Reading Groups (PRG) network, sponsored by the University of Roehampton and generously supported by Give A Book www. giveabook.org.uk and Penguin Random House www.penguinrandomhouse.com If your prison doesn’t have a reading group, encourage your librarian to have a look at the PRG website www.roehampton.ac.uk/ prison-reading-groups
TurningPages Prisoners who can read teach prisoners who can’t The Shannon Trust Reading Plan (Turning Pages) is a simple & efficient way of helping people to learn to read. If you would like more information on how to become involved, as either a Mentor or a Learner, contact the Reading Plan Lead in your prison (ask a Shannon Trust Mentor who this is) or write to: Shannon Trust, Freepost RTKY-RUXG-KGYH The Foundry, 17-19 Oval Way, LONDON SE11 5RR.
ShannonTrust
Don’t judge a book by its cover, not this one anyway! It is adorned with depressing symbols of the stereotypical northern English town; smoky factories, flat caps, whippets and, of course, pies. But it probably is safe to judge this book by its title. Read it aloud a couple of times, and if you still can’t see the funny side then the chances are you won’t appreciate the book very much either. On the other hand, if the title tickles your irony receptors, you’ll probably find yourself chuckling from cover to cover. Maconie was born and raised in the north of England before his work as a radio and TV broadcaster ‘exiled’ him to the south. In ‘Pies and Prejudice’ he revisits his old stomping grounds in search of his ‘inner northerner’. The writing sparkles with wit and passion as he tries to separate reality from stereotype. To whet your appetite, here are a few tasters of Maconie’s dry humour:
turn people’s minds away from the gas oven’. So this is an enjoyable read, even if you don’t know (or care) where Wigan is and have never eaten black pudding. You might even discover in passing that the subject matter itself is quite interesting. For instance, did you know that Crewe has a crater named after it on Mars? Or that working men’s clubs were founded by philanthropic employees with a booze free recreation venue ‘where more serious matters could gradually be introduced’? Maconie notes wryly that the patrons worked up such a thirst during their gradual introduction to serious matters that alcohol soon had to be permitted. On a more profound subject, did you realise that the well-known ditty ‘On Ilkley Moor Baht’’t’ is actually a serious meditation on the cyclical nature of existence? Nope, me neither. Armed with such a fount of valuable trivia, you will doubtless be welcome in pub quiz teams throughout the land. And, who knows, you might also find yourself suddenly getting the urge to visit Liverpool, Manchester, Bury, Keswick, Newcastle, Chester or Slaithwaite ... where?
• ‘The Vikings have had rather a bad press’; • Durham is ‘horribly undaytrippable’ from Heathrow; • Covered shopping arcades resemble ‘some nasty hybrid of a tomato grower’s poly tunnel and a Center Parcs’; • Spectacular views will ‘stop you mid-suck on your Murray mint’.
Maconie has been described as ‘the new Bill Bryson’ and ‘an heir to Alan Bennett’. Having enjoyed ‘Pies and Prejudice’ I can see why. He writes skilfully, with a down to earth honesty. I’ll leave you with his laconic summary of the north-south divide: ‘I’m not sure that northerners is geographical. It’s philosophical….. It’s about realising that an afternoon’s snow is an excuse for sledging, not a state of emergency.’
You get the picture. Maconie even suggests that Geordies should staff the Samaritans’ helplines because their accent ‘is proven to
Sheer poetry! Read and enjoy.
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We assist prisoners throughout England and Wales offering competitive fixed fees on all other General Prison Law matters including Re-Categorisation and Sentence Planning. For further information or assistance please contact
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Wellbeing
Insidetime January 2016 www.insidetime.org
Never Too Old For Yoga!
45
5 Warrior 2 Against the Wall
7 Moving Bridge
5 breaths each side. If you like, step away from the wall and have both arms out straight (but keep the same leg positions).
Flow between these positions a few times, breathing out as you lift your hips. Hold with your hips in the air for a few deep breaths.
The Prison Phoenix Trust Yoga and meditation are great ways of feeling better in your body and mind and coming to understand yourself more, whatever age you are when you start. A lot of people think you have to be strong, flexible and have great balance to do yoga. That’s not true - you can start with any level of fitness and flexibility. In fact, yoga is great for older people because it can be very gentle and low impact. And there is a meditative aspect of the postures and a nurturing of the spirit that many people over 50 begin to appreciate. This routine will help build strength and improve balance in a way that’s challenging but safe. Work at your own pace, and if there’s anything that you don’t feel you can do, just skip to the next pose. Focus on your breathing as you do the yoga, taking deep, even breaths. As long as you can breathe, you can do yoga. If you take even one full, focussed breath, you are taking steps to help yourself feel better. Enjoy this sequence! 1 Child Pose
2 Happy Cat, Angry Cat
Rest like this for 10 deep breaths.
Flow between these movements, breathing in as you lift your head up and out as you arch your back. You can rest on your fists like this, or on flat hands if that is easier. Do this 10 times.
8 Legs Up the Wall Lie like this for as long as you want - at least 20 breaths.
6 Tree Pose 5 breaths each side. As your balance improves, you could take the foot up higher on the supporting leg, either to the calf or thigh (avoid the knee though).
9 Rest Relax completely, focussing on your breathing. Stay like this for five minutes, or longer if you like.
3 Down Dog Against the Wall
10 Sitting
Stay like this for 5 deep breaths, feeling the stretch in your back and legs.
Sit like this, or on the edge of your bed, comfortable and upright. Focus on your breathing. Count ten out-breaths and then start again at one. If your attention wanders, don’t worry, this is completely normal. Just return to counting your breaths. Do this for 5 minutes, or longer if you like. Try it every day, building up to 25 minutes over a week.
This sequence was taken from our newest CD, which features two complete yoga, relaxation and meditation lessons, plus a bonus yoga moves track. It is based on our radio show, Freedom Inside, which airs every week at noon on Friday and 7am and 6pm on Sunday on National Prison Radio. If you’d like a copy of this CD, write to us and ask for Freedom Inside. 4 Warrior 1 Against the Wall 5 breaths each side. If you like, step away from the wall and lift your arms in the air.
If you want a free book and CD to help you set up a regular yoga and meditation practice write to: The Prison Phoenix Trust, PO Box 328, Oxford OX2 7HF. The Prison Phoenix Trust supports prisoners and prison officers in their spiritual lives through meditation and yoga, working with silence and the breath. The Trust supports people of any religion or none. We also run weekly yoga classes for inmates and prison staff.
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H
Inside Poetry Star Poem of the Month
More staff came running from nowhere I was told to return to my cell It took them a while to discover Someone accidently leant on the bell As the extra staff were departing The governor let out a roar “That fan heater warming my office It isn’t there anymore!”
Blowing Hot and Cold
Insidetime January 2016 www.insidetime.org
If you would like to contribute to the Poetry section, please send your poems to ‘Poetry’, Inside Time, Botley Mills, Botley, Southampton, Hampshire SO30 2GB.
© Fotolia.com
Sue Clifton - HMP Send
The central heating’s fused again It happens frequently We all know how to fix it But we’re not allowed a key You only have to flick a switch In the cupboard by the door We’ve watched the workman do it A thousand times before “We need to call a workman” The governor explained “It might be dangerous, you see And we’re not properly trained” “But sir, it’s Saturday morning We’ll be freezing all weekend We’ll suffer hypothermia Is that what you intend?” “There’s nothing I can do to help” He answered with a shrug But I noticed his fan heater running His office was cosy and snug On the landings we made a decision We’d ask him to meet the whole wing I was just going in to request it When alarm bells started to ring
Of course, I got called in and questioned “Sorry sir, didn’t see it go What a shame when the heating is broken And the weekend forecast’s for snow” By the middle of the afternoon Our feet were turning blue The governor in his office Looked frozen through and through I went out for a little walk To get my feet to thaw Coming back I spied the governor In that cupboard by the door He looked a little sheepish He knew that he’d been rumbled “I managed to call out a workman” he claimed “Since everybody had grumbled” “It’s ok, I haven’t seen you” I lied “Don’t want you getting the sack” “And I don’t want you getting nicked” he replied “So let’s have my fan heater back” “I’m sure I’ve no idea what you mean” I replied with great indignation But back in our cells, now lovely and warm Our mood softened amidst celebration Now the heater’s been boxed and wrapped as a gift And left on the dining room table Addressed to the governor, we’ve all put our names “Happy Christmas” it says on the label
Congratulations to this months winner who receives our £25 prize for ‘Star Poem of the Month’.
The Man Who Kicked a Leprechaun James Lamberth - HMP The Mount
Dwayne Samson - HMP High Down They’re selling crack cocaine down in the pool halls The youth are on heroin Happiness doesn’t visit much, down this end of town There’s junkyard orphan’s kicking cans Down streets police won’t go Someone asks directions, told its best you don’t know A juggler, juggling hand grenades Someone plays a stolen flute There’s someone on the court house steps In someone else’s suit And down this end of town They say that no one ever smiles Conversations always short The backstreets stretch for miles Old women watch from broken panes, but nothing is ever seen The China white is always cut, and the needles never clean Knives aren’t used for cooking much and debts are never paid Promises are never kept The truth just gets mislaid The youth are NEVER hungry here They never get treats Family credits swapped for gin It’s safer on the streets The pubs never shut their doors Giros don’t last long The customer is sometimes right, the wife is sometimes wrong The landlord’s never friendly, the writing is on the wall Girls might let you take them home, only for a price Sexless housewives stay all day In bed that doesn’t get made up The house keeping money never lasts The bruises never fade No one’s ever happy here Even the guard dog is thin, stray dogs are thinner Crime is a career move The bookies always win There’s no happy ending, not ever
insidepoetry
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Voices from prison
E
N
The man was inside, had been for some time For thirty-three years, this man walked the line The man was inside, for murder they said For years ‘pon years many tears had been shed But it weren’t his fault, oh he’d been stitched up The biggest in his line, of rotten luck The man could have gone home by now, we’d heard The reason he’s still here, it’s quite absurd Indeed he’s eligible for parole Has been for ten years, now he’s growing old He sees no point of staying out of trouble In fact, to find it, his efforts were double His son stopped visiting, many years The man never called, as effort he lacked
He’s been diagnosed, with cancer as well But still he smokes burn, with lads in his cell He blames his problems, on something quite strange And he sees no point, in trying to change You’ll get it I’m sure, when you hear just what The man holds to blame, for his sorry lot The man was ten years old and picking corn He then swears he did kick a leprechaun For this was struck, with a lifetime’s bad luck So one can now see how the man’s so stuck If only I’d met him, I could have said That he was in charge, of where his life led The man spent his whole life, blaming omens He wasted his life, his name was Roland If only I’d met him, I would have said But it’s too late now, as Roland is dead
Desolation Row Revisited
Copies are available at a special discount price of £7.50 +£1 p&p for Inside Time readers, family & friends. Inside Time, Botley Mills, Botley, Southampton, Hampshire SO30 2GB Tel: 0844 335 6483
Insidetime January 2016 www.insidetime.org
If you would like to contribute to the Poetry section, please send your poems to ‘Poetry’, Inside Time, Botley Mills, Botley, Southampton, Hampshire SO30 2GB.
Watching You Leave
Dan Churchill - HMP Whatton Insidious to being within the earliest days Starting with signs you were changing your ways Forgetful, detached, a little confused I smiled with you while feeling bemused Wanting to deny what was obviously true Little by little I was losing you As if you were retreating into a world of your own You would often feel nervous if I left you alone There were days when I watched you like a hawk As you gazed into space not wanting to talk Out of my reach yet held in my arms I offered protection to help you feel calm So painfully sad to see you slipping away I did all that I could do to prolong your stay I lost you a while before you finally left Your going left me totally bereft I consoled myself, that now you were free Then I looked for myself and I struggled to cope As your lights dimmed, I lost hope You had dementia and I felt demented It was such a long time before I felt contented To look at your life Remember the days before you were ill, all your wonderful ways So thoughtful, kind, loving and giving I treasure the memories from when you were living
Mermaid (Saves Man Drowning) Denzil Davies - HMP Erlestoke I hadn’t felt well, not right you know, stressed out probably Down. Dark shadows upon me In jail poor me, poor me Then today I met a mermaid - dressed up like a screw she was! ‘Cos that was what she really was, she really was a screw Out of the blue, what can you do blue? Nothing much was said, we marched ahead, through the prison together Just a glance, one look it took and confirmed it was “nice weather” Lovely it was, lovely, the weather Sun kissed hair, skin radiant sand, eyes of ‘lectric too “Lovely” - I thought, radio in hand my thoughts, she knew She knew, I’m sure she knew Couldn’t say another word, absurd, my soul was singing The sight of her set me free, you see - free from the second we met I’m not free you see, but now I can see there’s life in this old dog yet!
Eighteen and Life Tam Richey - Washington State Penitentiary I am a British National having served 30 years inside...
Inside Poetry
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He Don’t Know It, The Clown or The Poet Frank Querns - HMP Barlinnie
Imprisonment is the greatest challenge we can endure At first it’s a cloister cave of misery Protecting memories on bare walls Mourning over the loss of liberty
Back in the mix, keys jangling and clicks Breakfast? Requests? ‘N’ bread, Weetabix Eyes not yet opened, chasing a fix Not knowing if I can handle, my sentence of six!
It’s not the physical pain that’s tested me I’ve been sliced open, bled, bruised and broken Those pains came and went, hardly made a dent While I carry scars from where I’ve been It’s the deep ones that still hurt The ones that remain unseen
Bodies all frail, stumbling and pale Broken souls lost, struggling to inhale Emotions not shown, blown from life in a gale The methadone march, some freedom from jail!
Years passed, then decades, one on top of another I lost mum, dad, even my brother I buried my soulmate in the mausoleum of my heart After spending so long apart Death came to me too It took my youth and might take my future It’s a struggle to stay strong I think of Britain, back where I belong Who says hope is as light as a feather? Hold onto it long enough It’s more than I can weather I’m forty eight, but parts inside me, still eighteen For that’s how long here I’ve been A youngster hanging on inside the body of a middle-aged man I’ve faced every challenge imaginable Suffered my share of emotional turmoil I now face a new challenge Every day, I feel it creeping in on me It’s crazy, I know, but now I fear being free We will award a prize of £25 to the entry selected as our ‘Star Poem of the Month’. To qualify for a prize, poems should not have won a prize in any other competition or been published previously. Send entries to: Inside Time, Poetry, Botley Mills, Botley, Southampton, Hampshire, SO30 2GB. Please put your name, number and prison on the same sheet of paper as your poem. If you win we can’t send your money if we don’t know who or where you are! By submitting your poems to Inside Time you are agreeing that they can be published in any of our ‘not for profit links’, these include the newspaper, website and any forthcoming books. You are also giving permission for Inside Time to use their discretion in allowing other organisations to reproduce this work if considered appropriate, unless you have clearly stated that you do not want this to happen. Any work reproduced in other publications will be on a ‘not for profit’ basis. WHEN SUBMITTING YOUR WORK PLEASE INCLUDE THE FOLLOWING PERMISSION: THIS IS MY OWN WORK AND I AGREE TO INSIDE TIME PUBLISHING IT IN ALL ASSOCIATE SITES AND OTHER PUBLICATIONS AS APPROPRIATE.
Family contact, some strong and some lack Keep up communication, be sharp as a tack Keep your head up, we’ve got your back Important and true, it’s defo a fact! Two lonely prisoners banged up in a cell One lying out cold, one crying a well Dusk turns to dawn, one roars out a yawn One’s jail day is over, one’s jail day is born!
Refugees
Jay Sharman - HMP Leyhill Thousands of refugees are dead God rest their souls, floating bodies in the sea Upturned dinghies, deflated jackets Escaping prosecution, the killings of innocents Blood, blood baths everywhere, life cheap Hunger, exhaustion, sunken eyes, torn clothes Freezing cold, blisters on feet, still marching on Torn clothes, detention camps, beaten by batons Scanty supply of food and water, fences broken Trains jam packed, babies pushed through windows Rambling on railway tracks, no fear of oncoming trains Left behind the ruined buildings and shattered dreams Sounds of blazing guns and random killings Borders closed, fences erected, no easy entry Tear gassed, crowd controlled, pushed back in droves Politicians play Gods, stirred emotions of ordinary people Stop immigration, high costs burden on services Crowded schools, longer waiting at hospitals Suffocated souls in lorries, crushed under wheels Washed on beach, a body of three years old boy Carried by a coastal guard in front of cameras Worldwide attention, on front pages of newspapers Melted hearts, tender tears, politicians touched Condolences all around, long procession at the burial Borders open again, a maudlin measure of misfortune
Jailbreak
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Insidetime January 2016 www.insidetime.org
Christmas Crossword
TWENTY QUESTIONS TO TEST YOUR GENERAL KNOWLEDGE 1. According to the saying what is the sincerest form of flattery? 2. Complete the proverb, ‘A rolling stone gathers no ….’ what?
Across
Down
1. Song that was a hit for the Beatles in 1963 (6,6,2) 8. — Brookner, English novelist whose books include “Altered States” (5) 9. Cut down expenses (8) 11. An eight-sided shape (7) 12. River flowing from Lake Erie into Lake Ontario (7) 13. — Campbell, supermodel (5) 15. Author of “An Enquiry into the Nature and Causes of the Wealth of Nations” (4,5) 17. Privileged treatment of an eminent visitor (3,6) 20. The title (placed after the name) of a Turkish officer of high rank (5) 22. One of the Midwestern states of the USA (7) 24 The capital of Armenia (7) 26. Herbivorous leaping marsupial of Australia and New Guinea (8) 27. Jane —, American actress who married French director Roger Vadim (5) 28. Great 19th century novelist who used the pen-name Boz (7,7)
1. Film for which director Oliver Stone won an Oscar in 1987(7) 2. George —, pen-name of Mary Anne Evans (5) 3. Earthly paradise described in James Hilton’s “Lost Horizon” (7-2) 4. Freshwater fish of South America noted for its aggressiveness and voracity (7) 5. One of the Baltic Republics (7) 6. The Queen of —, noted in the Bible as a visitor to the court of Solomon (5) 7. The branch of applied mathematics dealing with motion and tendencies to motion (9) 10. Composer of the Brandenburg Concertos (4) 14. Author of the lines “Candy / Is dandy / But liquor / Is quicker” (5,4) 16. Tending to produce sleep (9) 17. 1960 Olympic Games venue (4) 18. An extensive tract of treeless grassland, esp. in N. America (7) 19. Gland located near the base of the neck (7) 21. Books published at yearly intervals (7) 23. An ancient Roman official who observed and interpreted omens for guidance in public affairs (5) 25. Cyrus —, US Secretary of State under Pres. Carter (5)
Matthew Windsor - HMP Stoke Heath Golden Oldies D O W N T O W N H G R S D T L Y B A B J
T G D H I W I L L S U R V S F G D L F U
L T H E S E E Y E S D E F G Y H U Z y H
Baby Love Blue Moon
O B U A A R P H I H V D G O L E C X A G
V L E T S T O E G O O D L O V I N I F B
E Y S W D U L L L P Q X Z E Z D R Y G D
F Z F A G F J Y C O A V L F C F P A T B
S A V V X H P U U H D V H G B R O D M L
F R N E B P M I H R E B J U E T Y R R U
G C H U U K B H M T P R U R M H R E G E
G Q R P B I O L J V O I I P J Y E T U M
H W O Y G L H K B B U F M S L U T S Y O
E E I K I M Y H G G Y L Y H H R U E T O
Groovin Hair
V R T D S N G W H Y F D B H J K I Y Y N
O T A H F G G R O O V I N D G I K G U T
L Y W I L D T H I N G E F U T U O Y Y H
Y Z Z I D H T E S O L M E M P H I S Y M
B S U C K R U G T I B B A R E T I H W H
A I M A R A C U K J M B C G D H F U J U
B A H A H T Z Z I D S P I T R E G N I F
Baby Love Blue Moon Blue Velvet Cara Mia Cherish Crazy Crying Dizzy Down Town Fingertips Fire Good Lovin’ Groovin Hair
Heatwave Holiday Memphis Mr Guy My Girl Puppy Love These Eyes White Rabbit Wild thing Yesterday
Thanks to Matthew Windsor - HMP Stoke Heath for compiling this word search. If you fancy compiling one for us please just send it in max 20 x 20 grid & complete with answers shown on a grid. If we use it we will send you £5 as a thank you!
11. Someone who prevents others from using something he has no use for himself, is often called a ‘dog in the …’ what? 12. The abbreviation SW stands for which range of radio frequencies?
3. In a saying used for attempting an impossible task, what would be difficult to find ‘in a haystack’?
13. Complete the phrase: ‘A rising tide lifts all…’ what?
4. In bodybuilding slang, exercising with weights is sometimes called ‘pumping…’ what?
14. What does the Welsh phrase Nos da mean?
5. Which two-word Latin phrase means ‘in memory of’?
15. If a person has a grievance, they could be said to have an ‘axe to…’ what?
6. A person who makes a stand by being firm or insistent is said to be ‘putting their foot…’ in which direction?
16. Which term for an overweight feline is used to describe a very wealthy or influential person?
7. Which 1987 hit movie gave rise to the expression ‘bunny boiler’ to describe a vengeful woman?
17. Towers made from which material are said to be places of retreat away from the practicalities of life?
8. The word ‘prenup’ is shorthand for a legal agreement made between a couple before entering into which institution?
18. If someone is plain-speaking and straight to the point they are said to call a ‘spade a…’ what?
9. A vacation spent doing the same things as at work, is known popularly as what type of holiday?
19. Which two-word term, meaning ‘good faith’ in Latin, is used to describe something that is real or genuine?
10. A person who only has one particular talent is sometimes referred to as a ‘onetrick…’ what?
20. If you have the freedom to do anything or go anywhere then the world is said to be your…what?
Inside Chess by Carl Portman I can officially confirm that I am contracted to write a book about chess in prisons and I am well underway with that task. It is written primarily for prisoners but will I hope be received by a much wider audience such as prison staff, government, chess fans and the general public. I hope also that the themes and points in the book will be as applicable to prisons abroad as they are here. Some of you have played your part in making this happen by telling me what chess means to you in prison. I also want to know what you think would make for a good book on chess in prisons. In other words, what should it contain in general terms - remembering I have to cover the whole range of players from beginner to expert? If you are reading this and you are prison staff I should also like to hear from you. I know that many prison staff support chess and ‘make it happen’ for inmates. Tell me about your initiatives and about chess in your prison. I want to be able to tell good news stories as I know they exist. I want people on the outside to see and understand how chess helps people in prison. I look forward to hearing from you. I must take this opportunity to say that I write this column well in advance of publication day - sometimes a couple of months - so writing asking me to put something in the ‘next’ edition won’t work. I should also say that I might not choose to publish your chess problem if you send one to me, though I will absolutely analyse it. I have to publish a balance of problems - some of my own choosing but I will of course try to feature inmates submissions where I can. The problem this month was submitted to me by Shafique from HMP Whitemoor. In his opinion it is the best checkmate ever. Well, I will leave you to decide on that one but it is certainly lovely.
8 7 6 5 4 3 2 1
A
B
C
D
E
F
G
H
It is White to play and checkmate in three moves. Can you solve it? A chess magazine donated by Chess & Bridge of London is the prize for the first correct entry out of the hat. Write to me with your answer care of The English Chess Federation at The Watch Oak, Chain Lane, Battle, East Sussex TN33 OYD or you can email me at
[email protected] and they will forward it to me. Please note that you should always write to me at the ECF not via InsideTime. The solution to December’s Christmas tree problem is as follows: If it were Black to move, then he would only be able to play 1...c3, met by 2.d4#, or 1...g3, met by 2.f4#. But White to move can’t maintain the blockade and needs to progress by proactive means: 1.Ra3! (With the threat of 2.Ra5#, to which Black’s sole defence is 1...e3) 1...e3 which allows the rook to return and deliver mate with 2.Rxe3#. Winner will be announced. Congratulations to Klodian from HMP Brixton who was the winner of November’s problem
Jailbreak
Insidetime January 2016 www.insidetime.org
“QUOTES” He’s the only bloke I know who fell in love with himself at 16 and has been faithful ever since Darren Gough, former England bowler, on the maverick cricketer Kevin Pietersen.
wasting your best years running up debt, the actress Joanna Lumley advises the young
There’s an old French saying: the only thing the English have ever cooked properly was Joan of Arc Stephen Clarke, a British author in Paris Most of our children should not be at university Become an apprentice instead of
It’s a very low bar, the banking world Mark Carney, governor of the Bank of England, asked why he is seen as the George Clooney of finance I bet you didn’t think things would get worse The former Labour leader Ed Miliband delivers an unhelpful verdict on his successor
49
Pathfinder
Advent
Festive
Boxing day
Baubles
Festive Pathfinder →
Cards
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Carols Champagne Christmas day Fireworks First stepping Hogmany Holly Midnight Presents Queen’s speech Snow Tinsel Turkey Twelfth night
Stephen Clarke
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Advent Baubles Boxing day Cards Carols Champagne Christmas day Fireworks First stepping Hogmany Holly Midnight Presents -45 Queen’s speech
5 6 1
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Neil Speed is a former prisoner who came up with the concept of GEF BAD CHI whilst in prison. Inside Time features a GEF BAD CHI puzzle on this page. GEF BAD CHI by Neil Speed is published Snow by Xlibris. RRP: £12.35 Using the Tinsel letters G,E,F,B,A,D,C,H & I fill in the blank squares. Each letter A-I must appear only once in Turkey each line column and 3x3 grid. Twelfth night
Mark Carney Ed Miliband
Submitted by Xuan Yu Zhong - HMP Moorland . Start on the left with the first number and work your way across following the instructions in each cell. See how quickly you can do each puzzle and how your times improve month by month! Answers on back page. If you would like to submit similar puzzles we will pay £5 for any that are chosen for print. Please send in a minimum of three puzzles together with the answer!
MIND GYM
4 2
Joanna Lumley
315
(c) Daily Sudoku Ltd 2015. All rights reserved.
SUDOKU & GEFBADCHI
Darren Gough
If you would like to win £5, please submit your Pathfinder - grids should either be 15 x 15 or 12 x 12 squares. Remember when you send us your Pathfinder to include your name, number and prison - otherwise you will not receive your prize money.
117
÷3
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×1000
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-137
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Daily Sudoku: Tue 1-Dec-2015
PROBLEMS FROM THE PRISON? YOU NEED
4 2 9 5 7 6 8 1 3 6 3 7 9 1 8 2 4 5
JP The 5 Johnson 8 1 4Partnership 3 2 6 7 9 3 9 Prison 4 7 Law 2 Service 1 5 6 8 6 3 2 6 5 8 Recall 3 2 8 1
4 8 9 5 6
5 9 4 7 3
7 9 2 4 3 1 3 2 6 Adjudications 1 8 4 9 5 7 (c) Daily Sudoku Ltd 2015. All rights reserved.
8 1 7 5 1 7 Licence 9 6 2 4
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50
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1. Who won X Factor? 2. Who won Strictly Come Dancing? 3. Who was the runner up in I’m a Celebrity Get Me Out of Here? 4. Who had the Christmas number 1? 5. Which Premier League team was leading the table at Christmas? 6. Which team was bottom? 7. Which country donates the tree in Trafalgar Square? 8. Who won BBC Sports Personality of the Year? 9. Which football manager got sacked for the second time from the same team? 10. What date in January is Twelfth Night?
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Answers to last months News quiz: 1. Eagles of Death Metal, 2. Jonah Lomu, 3. Susannah Constantine, 4. Eddie Jones, 5. Raddison Blu, 6. Charlie Sheen, 7. Birmingham New Street, 8. Neighbours, 9. Catherine Zeta Jones & Michael Douglas, 10. Lewis Hamilton
The first three names to be drawn with all-correct answers (or nearest) will receive a £25 cash prize. There will also be two £5 consolation prizes. The The prize quiz where we give you the Questions and the Answers! All the answers are within this issue of Inside Time - all you have to do is find them!! winners’ names will appear in next month’s issue.
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Please do not cut out any of these panels. Just send your entry to one or all of these competitions on a separate sheet of paper. Make sure your name, number and prison is on all sheets. Post your entry to:
10. Who was the shortest ever Heavyweight Boxing Champion? 11. When was the Inside Justice unit launched? 12. What is the number of child visits to prison per week? 13. What is the name of the orchestra devoted to creating exceptional performances? 14. Who was the first Irish Traveller to win a World Heavyweight title? 15. What is Rachel’s favourite recipe?
Answers to Last Month’s Inside Knowledge Prize Quiz 1. NOMS, 2. Maureen Lipman, 3. Mince Pies, 4. Michael Gove, 5. Michael Jefferies Injury Lawyers, 6. Computerised Accounting for Business (SAGE), 7. 5, 8. The Shawshank Redemption, 9. Erlestoke House Farm Shop, 10. Frank Prosper, 11. Eric McGraw, 12. Spanner, 13. Jonathan Aitken, 14. Beating/ torturing of prisoners, 15. HMP Kirkham
LAST MONTH’S WINNERS £25 Prize: Tanweer Nasar HMP Oakwood, Joanne Storey HMP Styal, Gareth Williams HMP Usk £5 Prize: Robert M Carr HMP Holme House, Lisa Murphy HMP Newhall
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51
ANNIVERSARIES
ROCK & POP QUIZ
125th Anniversary // 6 Jan 1891 The world’s first penalty kick was taken by Airdrieonians Football Club in Scotland. 90th Anniversary // 26 Jan 1926 Scottish engineer and inventor John Logie Baird gave the first demonstration of his television system to members of the Royal Institution and a reporter from The Times newspaper, at his laboratory in London. 70th Anniversary // 1 Jan 1946 The first civil flight took off from London’s Heathrow Airport, heading to Buenos Aires, Argentina.
1. John Fogerty, who released a new solo album, Revival, in 2007, was a member of which 1960s band?
60th Anniversary // 10 Jan 1956 Elvis Presley recorded the song Heartbreak Hotel. It was his first single for RCA and was released on 27th January. It topped the Billboard chart for 7 weeks and became his first record to sell over 1 million copies.
2. Who played the Acid Queen in the movie version of The Who rock opera, Tommy? 3. Anita, Ruth and Issa are the members of which rock/R&B trio?
50th Anniversary // 7 Jan 1966 The current world record for the most rain in 24 hours was set: 182cm at Foc-Foc, Réunion, Indian Ocean, during tropical cyclone Denise.
4. Released in 2008, Third is the fourth album of which British band, whose preceding album, Roseland NYC Live, appeared in 1998? 5. Sorry Ma, Forgot To Take Out The Trash was the intriguing title of the first album by which band?
© MW Released life sentenced prisoner
6. Complete the line-up: Junior Walker and the…? 7. Amy Ray and Emily Saliers are the two halves of which folk rock duo? 8. La Vie En Rose, Do Or Die and I Need A Man were all big disco-dance hits for which six-feet tall model-turned singer?
Malthouse Chambers 30 Walsall Street, Willenhall WV13 2ER
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OUR 2015 MAIN CATALOGUE, #121, RUNS INTO 2016...
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9. Where did the ‘Devil go down to’ in the Charlie Daniels Band hit song of 1979?
40th Anniversary // 21 Jan 1976 The supersonic airliner Concorde went into commercial service in Britain and France, with simultaneous take-offs from London to Bahrain and Paris to Rio de Janeiro. 30th Anniversary // 1 Jan 1986 Portugal and Spain joined the European Union. 30th Anniversary // 28 Jan 1986 Space Shuttle Challenger disaster: the U.S. space shuttle Challenger exploded shortly after lift-off from Cape Canaveral, Florida, killing all 7 astronauts. 25th Anniversary // 12 Jan 1991 (to 28 Feb) Operation Desert Storm. US-led coalition forces bombed Iraq and forced it to withdraw its forces from Kuwait. 15th Anniversary // 13 Jan 2001 Wikipedia, the online collaborative encyclopaedia, was officially launched. 15th Anniversary // 20 Jan 2001 George W. Bush was inaugurated as the 43rd President of the United States. 10th Anniversary // 19 Jan 2006 NASA launched its New Horizons space probe to study the dwarf planet Pluto and its moons. It reached Pluto in the summer of 2015. Source: www.ideas4writers.co.uk
52 National Prison Radio
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Radio? Tue
Wed
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hind Bars
Bars is your award-winning daily feature show focusing on a different side of prison evening. We bring you the best chat, music and information to keep you informed son life and give a voice to your thoughts about life behind bars s Induction Show - all the basics about how prison works s Women Inside - focusing on life for female prisoners days Your Life - looking at how to keep your body and mind healthy ys The Inside Story - your in-depth guide to staying out of jail The Album Show - we play an entire album in full from start to finish ys The Love Bug - helping you keep in touch with family and friends on the outside s The Magazine - featuring the best bits of National Prison Radio
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requests in to: l Prison Radio, HMP Brixton, London SW2 5XF
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19:05 Oldies Sounds from the 60s, 70s & 80s
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1
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Daily Sudoku: Tue 1-Dec-2015
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Fireworks 1. 999, 2. 72, 3. 91 Hogmany First stepping 4 2 9 5 7 6 8 1 3 Champagne 6 3 7 9 1 8 2 4 5 Twelfth night 5 8 1 4 3 2 6 7 9 Midnight 3 9 4 7 2 1 5 6 8 Boxing day 8 1 6 3 4 5 7 9 2 7 5 2 6 8 9 4 3 1 Christmas day 1 7 5 8 9 4 3 2 6 Presents 9 6 3 2 5 7 1 8 4 Carols 2 4 8 1 6 3 9 5 7 Queen’s speech Baubles Tinsel http://www.dailysudoku.com/ Holly Snow Cards Turkey Advent
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1. Creedence Clearwater Revival 2. Tina Turner 3. The Pointer Sisters 4. Portishead 5. The Replacements 6. All Stars. 7. Indigo Girls 8. Grace Jones 9. Georgia 10. Rage Against the Machine
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