insidetime the National Newspaper for Prisoners
Domestic Violence touring exhibition page ......................... 45
A ‘not for profit’ publication/46,000 copies distributed monthly/ISSN 1743-7342/Issue No. 121/July 2009
BOOK LAUNCH Inside Poetry voices from prison
Wrong end of a conviction An Inside Time report fter more than eight years in prison the conviction against Ian Lawless for murder was finally quashed by the Court of Appeal on June 16. Mr Lawless was found to have serious mental health problems, which often caused him to make up stories so he could be the centre of attention. He was known to friends and associates as a fantasist, writes his solicitor in this issue of Inside Time.
A
Ian Lawless (with his daughter)
Barry George
A year earlier, Barry George stepped out of Court 1 at the Old Bailey, following a retrial, a free man, having been acquitted of the murder of television presenter Jill Dando. Mr George was described by his solicitor as a person of low IQ and known as the local oddball who was a constant target of police attention. Sean Hodgson was released in April this year after the Court of Appeal quashed his conviction for murder. He served 27 years in prison before DNA tests proved him innocent despite having originally confessed to the murder. Mr Hodgson was found to have serious mental health problems. These three recent high profile cases of miscarriages of justice demonstrate how easy it is for vulnerable people to find themselves on the wrong end of a conviction.
Sean Hodgson (left) with his brother Ian Lawless, Barry George and Sean Hodgson were all represented by lawyers advertising in Inside Time.
Chloe Francis, teacher and actor, reading a selection of poems from Inside Poetry at the launch at Daunt Books Holland Park in West London. Rachel Billington reports page 16.
© prisonimage.org
Mark Newby, solicitor for Ian Lawless, told Inside Time that there remains a considerable lack of joined-up support services for those in the community, those in the criminal justice system and those who find themselves in custody. A lack of resources and an inconsistent and comprehensive approach to mental disability in the criminal justice system has meant that many people have been denied the urgent help and support they needed.
June issue of Inside Time withdrawn from prisons
So how many more cases like Ian Lawless, Barry George and Sean Hodgson do we need to have before real change in mental health support services is achieved?
In a statement Eric McGraw, Managing Editor of Inside Time, on behalf of the Board of Directors, said ‘Our purpose has always been “to inform educate and entertain” but in publishing this piece we have, on this occasion, caused offence and we acknowledge that publishing the item was a misjudgement. We very much regret this and we have, therefore, re-printed the June issue of Inside Time without the offending piece.’ Inside Time Censored page 20
When fantasy turns serious page 36
The Director General of the National Offender Management Service instructed all prisons in England and Wales not to distribute the June issue of Inside Time. Phil Wheatley told the newspaper that a satirical piece written by a prisoner on Osama Bin Laden, suggesting he was the person responsible for the outbreak of swine flu, had caused offence. The article, he said, had ‘over-stepped the boundary of acceptability’ and the material was ‘offensive and inflammatory’ and had received complaints about it from prison Imams, among others.
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All Lifer Reviews Licence Recall & Reviews HDC Applications Sentence Calculation Jeremy Moore represented Barry George who was recently released after the successful appeal
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a voice for prisoners since 1990 the national newspaper for prisoners published by Inside Time Limited, a wholly owned subsidiary of New Bridge, a charity founded in 1956 to create links between the offender and the community. Registered Office: 27a Medway Street, London SW1P 2BD ©
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a not profit
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Board of Directors
Trevor Grove - Former Editor Sunday Telegraph, Journalist, Writer and serving Magistrate. Geoff Hughes - Former Governor, Belmarsh prison. Eric McGraw - Former Director, New Bridge (1986 - 2002) and founder of Inside Time in 1990.
If you would like to contribute to Mailbag, please send your letters to ‘Mailbag’, Inside Time, Botley Mills, Botley, Southampton, Hampshire SO30 2GB.
‘Psychology brigade going through the motions’ ................................................................................................... KEN RAMSDEN - HMP THE MOUNT Over recent years the pages of Inside Time have hosted a lively debate on the questionable efficacy of Offending Behaviour Programmes. The Parole Board and trainee psychologists view them almost as the elixir of life, while spokespersons for prisoners casework take a more cautious line and admit some courses work for some people, some of the time. A Parliamentary Select Committee report published in 2005 showed very little difference in the reconviction rates between large numbers of people who had completed R&R or ETS and a control group who did no courses. It was admitted that about 75% were reconvicted of an offence within 2 years. Today that figure is over 79%, as clearly there is no recession in crime. My own experience of these courses casts doubt not only on the actual programme but those who administer them. Following Relationship courses at Kingston in 1996, a friend asked to look at my homework (out of class assignment) and copied it. As no one seemed to notice, I allowed others to do the same and I found it amusing that the copies were getting better comments than my own original.
John D Roberts - Former Company Chairman and Managing Director employing ex-offenders.
The record for doing well was transfer and more courses, so I repeated my help with anyone who needed it at Stocken, then Maidstone and finally at The Mount.
Louise Shorter - Former producer, BBC Rough Justice programme.
These courses have an age range of 21 to 60 years and clearly people at each end of the spectrum are unlikely to react in the some way to any specific scenario. Equally unlikely is that the same scenario would happen in the lives of 4 men out of 10 on a particular course, yet no one has ever been told their out of class assignment was remarkably similar to other people doing the same course.
Alistair H. E. Smith B.Sc F.C.A. - Chartered Accountant, Trustee and Treasurer, New Bridge Foundation. Chris Thomas - Chief Executive, New Bridge Foundation.
The Editorial Team
Frequently I have assisted men with poor English to complete written work as part of one to one sessions with psychology personnel; yet somehow the fact that they write English far better than they actually speak it has gone unnoticed. Perhaps the psychologists flatter themselves that the acquisition of English is a by-product of their therapy. The bulk of the evidence suggests that the psychology brigade are merely going through the motions, as indeed the majority of prisoners are. This would explain how they reconcile the requirement with the reality that prisoners are pressurized into doing the courses by probation officers or the Parole Board. It would also help us to understand why the Home Office can spend more and more money on Offending Behaviour Programmes and somehow achieve the opposite result to that intended.
Rachel Billington
John Bowers
Novelist and Journalist
Writer and former prisoner
To answer criticism, the Home Office always claim that these courses are successful in Canada, but forget that the Canadians allocate courses early in a sentence often after a careful assessment process and the prisoner is generally in agreement in the way they are applied. There is also a counter argument that these courses did not work over the North American border, so is it any surprise they have such a dismal record across 3000 miles of ocean? With the need to save more money now and there being no option of reducing prison numbers in any other way, perhaps Jack Straw would benefit from a token ETS lesson, lets see, how does it go; establish where you are now, then decide where you want to be.
Eric McGraw
John Roberts
Author and Managing Editor
Operations Director and Company Secretary
Editorial Assistants Lucy Forde - Former prisoner education mentor Paul Sullivan - Former prisoner
Layout and design Colin Matthews -
[email protected]
Correspondence Inside Time, Botley Mills, Botley, Southampton, Hampshire SO30 2GB. Accounts & Admin: Inside Time, P.O.Box 251, Hedge End, Hampshire SO30 4XJ. 0844 335 6483 / 01489 795945 0844 335 6484
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Psychology has six different schools of thought ..................................................... KEVIN BOND - HMP WOLDS The latest fashion to hit universities, and one that has now swept through the criminal justice system, is the tool called psychology. The lives and eventual liberty of numerous IPP and lifers in the prison system remain in the hands of forensic psychologists. The problem with this new adopted ideology is that it's not always accurate, especially when a psychologist (usually a trainee) has to write such powerful reports that hold so much influence without having all the necessary information to hand. Questions need to be asked reference just how accurate is this criminal profiling? Sure it's full of fancy ideas, and there are six different schools of thought involved within psychology; psychodynamics (nature); behaviourism (nurture); cognitive (nature); humanist (nurture); bio-psychological (nature); and social and cultural (nurture). All hold some form of conflict with one another, pretty much like religion; therefore how can one prove which is right? Isn't it more a matter of belief? Each and every person I've encountered in my life has an individual personality, we all have our own perceptions, views and beliefs, and no psychologist is an exception to this rule! The big question one now asks is: what is the social background of these chartered forensic psychologists and trainee forensic psychologists; opinionated, stereotypical, egotistical, narcissistic individuals out looking for an argument? Are the majority of these psychologists from middle and upper class backgrounds, which had some of their perceptions, views and beliefs shaped by books, movies, the media and/or their parents, who are likely to be employed in the fields of psychology, police, probation, lawyers, judges and other civil servants? I'm sorry, but I find it very hard to believe that any/many grew up in a street near me!
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Pointless bureaucrats .................................................... ROBBIE STEWART - HMP WHITEMOOR Psychology has taken quite a bashing recently and I think it is about time someone defended them; that person, however, is not me! I often think that only a certain type of psychologist can be employed by the Prison Service. A while back on a Channel 4 documentary which claimed prison is a recruiting ground for radical Muslims, the selection criteria for prison Imams was that only those following the government approved version of Islam are employed. I think the same goes for psychology. Some psychologists - doctors and professors with many years experience - dispute the very existence of a ‘dangerous and severe personality disorder’. What if a psychologist, years down the line, realises the original trainee got it wrong? You’ve probably passed your tariff because of some bizarre ideology. Most prisoners believe that a psychologist already has their mind made up before an interview and a decision is already made. When one pleads ‘diminished responsibility’ you have two psychiatric reports. The one called by the defence, who has already decided you’re mad and not responsible before the interview. The prosecution know they can rely on hired guns who will definitely state and conclude beforehand this person is not mad and fully responsible. These people compile reports wanted by those who pay their wages and why should psychology be any different? Any who go against the government standard are not employed. Consider the USSR; the government invented many psychiatric disorders such as ‘creeping schizophrenia’, embraced by the mental health establishment. One, a professor of the Serbsky Institute in Moscow wrote: ‘A characteristic feature of overvalued ideas is the patient’s conviction of his own rectitude, an obsession with asserting his ‘rights’ for the significance of these feelings for the patient’s personality. They tend to exploit judicial proceedings as a platform for making speeches and appeals’.
If you would like to contribute to Mailbag, please send your letters to ‘Mailbag’, Inside Time, Botley Mills, Botley, Southampton, Hampshire SO30 2GB.
Star Letter of the Month ........................................................... Congratulations to Steven Relf who wins our £25 cash prize for this month’s Star Letter.
Faith equals belief without proof .................................................... STEVEN RELF - HMP MANCHESTER Whilst I enjoyed the piece in your May issue by Buddhist Chaplain Martin Huiskens (Heaven on Earth), as an atheist I have to take issue with his assertion that ‘faith is the belief in hope'. No, it isn't. I urge every Inside Time reader to look up the word ‘faith' in their nearest dictionary where the description will read: ‘belief without proof’. Could anyone please explain to me the difference between God and Santa Claus? Or the Easter Bunny? Fairies and pixies? You get my drift. The words ‘faith’ and ‘spirituality’ have been hijacked by the man-made religions which have shackled our evolution as a species.
Support for Pagans ................................................
One General was diagnosed … ‘characterised by reformist ideas, linked to an overestimation of his personality that reached messianic proportions’.
RICHARD JONES - HMP WANDSWORTH
We are not far away. The new managing challenging behaviour strategy, written recently, identifies new prison taboos such as ‘extremism’ and ‘gang affiliation’. I wonder how many actual extremists will be targeted and what these signs actually are? No doubt the psychology department will embrace them as genuine psychological disorders. One can only hope that the inevitable Tory cull of civil servants will include these pointless bureaucrats.
As a Pagan prisoner, I’m asking Inside Time for help in two areas; the first is I am looking for other Pagans across the prison estate to correspond with; so if you are Pagan and want to chat, please write to me. Secondly, I would like to know how Pagans are treated in different prisons. At Wandsworth we have five Pagan prisoners, this is a tiny majority of the population here and because we are
But as the planet becomes more and more secular, the number of believers is dwindling in the face of the ever mounting evidence concerning our origins. Faith and religion have both run out of justifications for what they preach, and it is surely just a matter of time until such antiquated, looney-tunes thinking is consigned to history. Science has freely given us the microscope and the telescope, and demands nothing but enquiry and debate. Religion subjugates its followers but no longer offers explanations of anything important to mankind. Whatever a 'God' is, God must surely be the most over-hyped, under-achiever in human history; he just had a good publicist, much like David Beckham. If we believe the hyperbole, God is omnipotent, infinitely powerful and can do absolutely anything. Instead, God chose to watch the sickening abuse of Baby P, and did nothing. God watches as our conflicts and wars, earthquakes and Tsunamis kill millions, and still does nothing. I think God is a sick, twisted voyeur and to have faith in such an abhorrent creation is something that I, and a growing number of like minded persons, will never do. Religion would have you believe otherwise, but man, and the Gods he created, is not the measure of all things. We allow prisoners to attend church and the mosque; how about Humanist or Secular society inside prison?
Mailbag
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Contents Mailbag ........................ pages 2-9 Newsround .............. pages 10-15
HMP Lindholme art group ...................................... page 12
Month by Month ..... pages 16-17 Comment .......................... page 17 Health ....................... pages 18-19
Babylon Blues by Martin Huiskens page 28 such a minority we are poorly represented. We have a single Pagan minister who visits every two weeks. She is a lovely lady who does her best to help us but we feel that the prison hinders and obstructs her. The prison chaplaincy team are all Christians and one member of the team turned nasty when I revealed my belief. When having to deal with the chaplaincy team about Pagan issues, I feel the prison just fobs us off and makes us run around in circles. The Pagan minister for Wandsworth has been trying for months to get a set of keys so she can travel round the prison at will but security keep saying they are ‘looking into the matter before making a decision’. Yet the same minister visits a number of prisons, including a Cat A, where she is trusted and has keys. The prison will also not give funds for Pagan items or pay the minister for her time. I feel that HMP Wandsworth has let us Pagans and our minister down. However, I would like to say a huge thank you to the Pagan Federation for all the help they give us and all the Pagan ministers who give up their time for us. I would like to hear from anyone in prison how their prison treats them and the Pagan ministers. Write to: Richard Jones XC8510 HMP Wandsworth PO Box 757 Heathfield Road London SW18 3HS.
High blood pressure ...................................... page 19
Comment ................ pages 20-33
Inside Time Censored Ben Gunn ..................... page 20
News from the House .................................... pages 34-35
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Legal Advice ..................... page 41
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Legal Q&A ............... pages 42-43
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Book Reviews .................. page 44 Touring exhibition .......... page 45 Inside Poetry ............ pages 46-47
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Jailbreak .................... pages 48-52
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Setting wages centrally ................................................................................................... SYMON BAIN - HMP BRISTOL
IEP scheme confusion .....................................................
I read with interest the reply from NOMS to Terry Brown’s letter (May 2009) relating to the prices charged by DHL/Booker. Perhaps the same ivory tower dweller would care to comment on my own observations and comments.
NICK KEMP - HMP LOWDHAM GRANGE
If canteen prices are now set centrally, why hasn’t NOMS also taken the decision to set wages centrally? I remember the time when prisoners’ wages were increased by the same percentage rate as officers; giving us at least a token annual rise. The prison service then took the decision to devolve the setting of prisoners’ wages to local level, giving governing governors control over how much they paid.
I recently attended adjudication for the possession, in my cell, of fermenting liquid (hooch). The Director accepted my explanation as to how it could have got into my cell and the charge was dismissed. However, I was given an IEP review and downgraded to basic before the result of the adjudication. Despite the charge being dismissed, the unit manager refused to reinstate standard status.
In 2003, my rate of pay in the workshop at Dartmoor was a maximum of £9.50; today at Bristol it is exactly the same. I am sure that a maths boffin could let me know what decrease this is in ‘real terms’. Setting canteen prices comparable to the High Street is reasonable, as the NOMS respondent says, however it is not reasonable when prisoners’ wages across the entire prison estate, and especially in the South West where they are among the lowest, are disproportionate to wages paid by High Street companies. Is it not time for prisoners to be paid the national minimum wage, with at least 50% being saved in an account for discharge? This would mean prisoners being released with enough money (dependent on time served) to fund accommodation and living expenses while waiting for benefits to be sorted out. It would also give a massive incentive for prisoners to work and stop the perception of prisoners as forced labourers, and finally bring an open market economy, so loved by this government, to the last bastion of the prison system.
Inside Time writes: From correspondence to Inside Time these past few months there would appear to be a degree of confusion over who actually sets the prices for canteen products. In May 2009, the Ministry of Justice responded to a Freedom of Information Act request (Ref: FOI/58859/09) from Mr Joe Black which sets out the procedure as follows: “We can confirm that the prices of products offered to prisoners on weekly retail (canteen) order forms are determined by NOMS by reference to benchmarks obtained from an independent third party supplier (TNS Global - the world's largest Custom Market Research specialists) across a wide consumer base using high street retailers. NOMS reviews these benchmarks with the retail services supplier every three months. Any price changes are reflected in new order forms issued to all prisons in February, May, August and November. NOMS also reviews the prices of products offered and benchmarks obtained from TNS against a further range of reference points, including Mysupermarket.com and other websites to ensure goods and the tariff remain consistent with wider consumer trends. Obvious inconsistencies, for example where prices appear to be either higher or lower than advertised for the same or equivalent product, are robustly challenged with the retail services supplier and, where necessary, adjusted prior to publication.”
I was led to believe that the IEP scheme was introduced to address positive and negative behaviour. I have only received one previous adjudication at Lowdham Grange and that was a positive MDT on reception to the prison. I am now being told that the initial reason for my IEP downgrading no longer applies but the goalposts have been moved and I have to remain on basic because I failed to lock my door during association! I fail to see why this should result in a downgrade. There is no mention of having to lock your door in the prison rules or any of the compacts or cell acceptance paperwork. I would appreciate comment from PSHQ as to
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what action I should take to reinstate my standard status. I have exhausted the request and complaint system. Could they confirm whether private prisons write their own policies regarding the IEP scheme or do they abide by policies set down by HMPS? Is there a PSO governing the IEP scheme and does this apply to private prisons?
The Ministry of Justice writes: PSO 4000 explains that IEP schemes are devised at the local level by the Governor, subject to approval by the Director of the Offender Management, formally the Area Manager. Each scheme must include a written statement which is published and made freely available to all prisoners. The statement must set out, amongst other points, the criteria for earning, retaining and losing privileges. The loss of an earned privilege or demotion to a lower level should be seen as the normal consequence of a general deterioration in behaviour and/or performance. A single incident of misbehaviour or short term failure of performance will not automatically result in a change of status, but may be taken into account when considering the prisoner’s suitability to be granted or retain privileges. A copy of this PSO can be found in the prison library.
>> Please note our new address for all PRISONER & EDITORIAL correspondence: Inside Time, Botley Mills, Botley, Southampton, Hampshire SO30 2GB.
Wages slashed again ................................................................................................... ALEC BAILEY - HMP MAIDSTONE I have a couple of queries regarding prisoners’ pay rates and whether prisoners can form a union. Firstly, is there a minimum wage set by NOMS or the Ministry of Justice? Secondly, do we as prisoners qualify to unionise the workforce currently existing here at Maidstone? The reason I ask what on the surface might seem ludicrous questions is that stupidity seems to be much in evidence here, as the wages have once again been slashed and to add insult to injury, on top of the enforced wages cut we have had yet another increase on the canteen sheet; in some cases way above inflation.
The Ministry of Justice writes: The policy on Prisoners’ Pay is set out in Prison Service Order (PSO) 4460, which can be viewed in the prison library. It is Prison Service policy that all prisoners receive payment if they participate constructively in the regime of the establishment. The pay schemes and rates of pay which operate within establishments are a matter for local management to decide, subject to rules and centrally prescribed minimums of £2.50 (unemployed) or £4 (employed) per week.
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wi ll go aw ay qu ick ly. So at lea st on e pa in on e of ou r pe rs on al vis it wi th a e ng ra ar d an re To fin d ou t mo tea m, Am elan s Sol icit ors ca ll Ph il Ba nk s on : Bar low Hou se 708 -710 Wil msl ow Roa d Did sbu ry Man che ste r M2 0 2FW.
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Prisoners are held in prison under Prison Rules and therefore while employed they are not free to engage in a range of normal activities covered under employment law such as forming a union, wage bargaining etc. However, subject to agreement from local management, prisoners are permitted to form a prisoner representative association within their establishment; guidance on this is given in PSO 4480, Prisoners’ Representative Associations.
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Governors can introduce smoke free landings or wings, following consultation with staff and prisoners, but this must not undermine the policy which allows prisoners over 18 to smoke in single cells or cells shared with smokers.
DEBORAH COWLEY - CHIEF EXECUTIVE, ACTION FOR PRISONERS’ FAMILIES
..................................................... JAY WILLIAMS - HMP WAYLAND I felt that I had to write and highlight the new music course I have started attending here at Wayland. We are primarily a prison band that works on well known songs from all eras. Our teacher, Bernie, is a fantastic person and his level of enthusiasm and commitment to our learning structure is second to none. I can honestly say the music course has totally changed my attitude and perspective on success upon release into the community. The course and teacher have had a profound effect on me and I feel it has done more for me than any of the offender management courses I have been forced to do as part of my sentence plan. We are getting close to doing a show in the chapel for our fellow prisoners which we are all looking forward to enormously. Bernie has also used his contacts as a professional drummer to organise some recording sessions in the future. I play drums and he is arranging a master class for me with a famous drummer. I can’t help thinking that more time and money spent on positive projects like our music course and other creative, enjoyable ventures would dramatically cut down the re-offending rate that haunts the prison service. Although I suppose it’s not easy to find teachers who are willing to put in so much work and effort to make prison education so creative, productive, and at the same time, fun. If it were not for Bernie, doubtless I would be released with anger, resentment and a serious chip on my shoulder. I’ve discovered I have a talent that is worth developing. Now I’m going to walk through the gates in a few months time excited and optimistic about what the future holds for me as a professional drummer. The music course has given me a genuine reason to try and sort my life out and go straight. There may be a place for me in society where I can do something that is positive and constructive rather than 15 years of committing serious crime and malice.
Your May issue carried a letter from ‘lifer wife’ Karen Mellor in which she took both prisoners’ families charities and prisoners’ families to task. She said that the former … ‘persist in raising negativity to the surface’ while the latter blame ‘the system’ for their problems rather than the offender who committed the crime. Action for Prisoners’ Families is a national charity representing over 100 organisations and individuals whose work is devoted to supporting contact between prisoners and their families. Many of these smaller organisations have been started by and are still run by prisoners’ families themselves - the very people whose positive energy can, as Karen says, ‘implement self-worth and confidence in many families’. Karen is the wife of a lifer; she does not blame the system for her husband’s crime. But there are many, many types of offender - from very young children to drug addicts to people on remand to those with diagnosed mental health problems. Karen says she can speak for herself; that she does not need others to speak for her; the history of penal change, however, is one where the individual’s voice has rarely been heard; democracy demands a lot of voices and the more of them that are heard the more likely it is that statutory obligations will be reassessed. We have been active in campaigning for more and better visitors’ centres; for cheaper prison telephone calls and better visits booking lines; we have provided clear and attractive booklets for families, a new website and DVDs, as well as information and a Helpline for the many men, women and children whose lives have been affected by imprisonment. Karen criticises the APF motif, ‘I find the defendant guilty. I sentence his six year-old daughter to nine years of punishment’. We stand by our belief that sentencing should take into account adverse effects on children. APF is committed to enabling prisoners’ families’ voices to be heard - whether they are positive or negative - and to working for change where prisoners’ families encounter difficulties.
Governors will designate cells containing up to 4 persons (dormitories) as places where smoking is allowed but only when occupied solely by smokers. They must not have a ventilation system which opens into any other smoke free part of the premises. The law states that no other parts of buildings may be designated as smoking areas. This means that any current smoking rooms will no longer be allowed for staff or prisoners.
Rights of non-smokers ..................................................... H McWILLIAM - HMP NOTTINGHAM Can you clarify the legal rights of non-smokers within the prison setting as I have just spent 27 hours in segregation and also been downgraded from enhanced to standard because, being asthmatic, I refused to share a cell with a smoker on medical grounds. I was informed that I had no choice due to no other beds being available for the smoker, who was transferring from another wing.
FAMILY LAW SPECIALIST
The Smoke Free Legislation (Health Act 2006) took effect from 1 July 2007 in England and from 2 April 2007 in Wales. The law requires all indoor areas to be smoke free, with the exception of cells occupied solely by smokers
No person may smoke in Prison Service vehicles or vehicles hired or contracted for use by the Prison Service, while Mother and Baby Units must be smoke free in the interests of the protection of infants and unborn children.
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The policy on when and where staff may smoke is already in place. In establishments holding prisoners under 18 years, all buildings must be smoke free environments. In adult establishments smoking is not allowed in any enclosed area not designated as a smoking area i.e. a cell. This rule applies to prisoners and staff. Members of staff must not smoke in a prisoner’s cell even where it is designated to be a smoking area. Staff, therefore, must not smoke anywhere within the buildings of a prison at any time.
letters from prisoners about having to share a cell with a smoker when they themselves don’t smoke. Here are the basic rules and policies which apply throughout prisons in England and Wales:
Inside Time writes: We receive many
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The cells in an adult prison must be certified in writing as rooms in which smoking may take place. Cell certificates must show the accommodation as a designated smoking area, or smoke free status in the case of a dormitory containing more than 4 persons.
Non-Smokers must not be required to share a cell with smokers who are actively smoking. The status of a prisoner as a smoker or non-smoker must be established as part of reception procedures. Thereafter, arrangements must be made to place non-smokers and smokers in separate accommodation. A dormitory (i.e. containing more than 4 persons) must be smoke free.
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aged 18 and over, and for arrangements to be in place to minimise the dangers of passive smoking. Establishments holding young people under 18 must have an entirely smoke free environment.
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Mailbag
Mutual respect .......................................................................... AFTAB KHAN - HMP BELMARSH As someone completely new to the prison system, I feel the need to write as it is nothing close to what I ever imagined. I blame the media (films and TV mostly) for portraying prisons as places where you would think that you had ‘died and gone to hell’; far from it; it is what it is, and more often than not prisoners have earned their place in the system so that society can be safe in the knowledge that our streets are cleared free of murderers, thugs and druggies.
If you would like to contribute to Mailbag, please send your letters to ‘Mailbag’, Inside Time, Botley Mills, Botley, Southampton, Hampshire SO30 2GB.
ADRIAN BURKE - HMP WAKEFIELD
STEVE KIDD - HMP DOVEGATE
What on earth is going on with all these OBEs and MBEs being handed out like confetti; and for what? Time served in a job? They have to be joking! How the hell can one get recognition for turning a key for a number of years? If you’re going to hand out praise and recognition for a job well done, then I suggest you look no further than one of our nurse officers here at Wakefield.
I am on the lifer unit here at Dovegate and the reason I am able to stand tall and fight the injustice of my conviction is down to the unbreakable knowledge of my innocence and the support and duty of care of the staff on ‘D’ wing at HMP Preston. They proved to me in the fifteen months I was there that they were not just on hand to lock my door and forget me; many of them went out of their way to help and I wish them all to know how much I appreciate their efforts.
I don’t think I would be alone here when I ask Inside Time to give a mention to nurse ‘C’ who, in my eight and a half years here, has been involved in saving my life. We all know how the real level of care we receive from healthcare across the prison estate is far from acceptable, and in all my years in prison, nurse ‘C’ has been the only one I know with true dedication in her duty of care.
.......................................................................... I applaud those who work in such volatile and unpredictable conditions; it is certainly not a career I would choose. In this high risk, maximum security ‘A’ cat prison I actually feel safe, knowing that there are highly trained staff able to deal with any situation and have to suffer fools on a daily basis, but also recognise the good in people and act accordingly.
Insidetime July 2009 www.insidetime.org
ALAN LITTLER - HMYOI AYLESBURY I would like to say a heartfelt ‘thank you and good luck’ to the co-ordinator Chaplain here at Aylesbury who retired in May. From the day I first entered the establishment she made me feel welcome and I know that she will be missed.
Global phone numbers .................................................................................................................. HOWARD WOODIN - HMP DOVEGATE In all prisons not privately run, prisoners can ring any court in England and Wales from their own pin account without having that court number on their list of numbers. I have raised complaints on this here at Dovegate however they insist I have to first obtain permission from Director level to have any court number to phone, and despite writing twice to SERCO head office have received nothing by way of clarification, therefore your assistance would be appreciated.
The Ministry of Justice writes: In all establishments which provide their telephone system through the BT PINphone system, telephone numbers for all of the courts in England and Wales are enabled at estate level for all prisoners. At HM Prison Dovegate, prisoners are able to contact any court in England and Wales using their pin account but prisoners would need to submit a request for that number to be added to their account. Permission at Director level is not required for this and such a request would generally take a day to complete. Where an application had been made, staff at Dovegate cannot recall an instance where permission to contact a court has been refused. In addition, court numbers which are added to a prisoner’s account do not count towards the quantity of legal numbers which a prisoner may have on their account at any one time. In addition to those which appear on their pin accounts, there is a list of numbers available to all prisoners at Dovegate. This list currently includes the Prisons and Probation Ombudsman, the Prisoners’ Advice Service and the Prison Reform Trust. On application, and subject to approval by the prison, telephone numbers for other organisations may be added to this list.
Views expressed in Inside Time are those of the authors and not necessarily representative of those held by Inside Time or the New Bridge Foundation.
.......................................................................... DAMIAN DRAZDAUSKAS - HMP DURHAM After reading about the poor mental health treatment received by an inmate at HMP Blundeston in your May issue, I felt that I needed to praise staff here at HMP Durham for their treatment. I have been diagnosed with, amongst other things, a di-social personality disorder which causes me to have random violent outbursts; this has resulted in me assaulting a number of staff at the prison. Despite these assaults, I have to say the mental health team here at HMP Durham is second to none.
DERMOT DONOVAN - HMP PARKHURST
controls our lives. It's highly probable that Mr Malik had a hand in our wages not going up last year; something that was supposed to be looked into but shelved due to public opinion. So it was with great delight I saw that Mr Malik has lost his job. Better still, he may well be subject to a police enquiry.
The wholesale theft of hundreds of thousands of pounds by MP's has well and truly come to light and perhaps it’s worth remembering that these MP's, now so contrite and apologetic, are the same ones that tried so hard to exempt their expense claims from Freedom of Information laws.
Just imagine if he was jailed! His OASys would have to note his denials; then his minimization of his level of offending; and let’s not forget he would get a tick in the box for ‘parasitic lifestyle’. Doubtless Mr Malik would then bemoan how all his pals who weren’t nicked were hypocrites and parasites!
Gross hypocrisy .....................................................
So when they appear with heads bowed, clutching their cheques and agreeing how the system is ‘rotten’ and ‘needs changing’, it demonstrates their gross hypocrisy in glowing terms. To begin with, they all bleated in tune ... "I’ve done nothing wrong; it was within the rules". Once it became glaringly obvious to anyone with a brain cell that they were taking the monumental piss they went into damage limitation mode, which brings us to Shahid Malik MP, minister for the Justice Department no less - the same government department that
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Open conditions for IPP prisoners
Freephone number restrictions
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NORMAN MATTHEWSON - HMP GARTH
NAME SUPPLIED - HMP DOWNVIEW
As an IPP sentenced prisoner with a tariff of 5 years, with one of my offences being reckless arson with intent to endanger life, I am concerned about the process of moving IPP prisoners through the system to open conditions. Can Inside Time tell me if there are any restrictions to me progressing to a category D establishment?
As there would appear to be a degree of confusion regarding prisoner use of 0800 or 0808 numbers, i.e. certain restrictions, can Inside Time seek clarification from the Prison Service?
The Ministry of Justice writes: There are no mandatory restrictions placed on IPP prisoners that would prevent them from progressing to a category D open prison. Prisoners are categorised according to the likelihood that they will seek to escape and the risk they pose to the public should such an attempt succeed. Prisoners sentenced to terms of more than 4 years will be reviewed annually, although more frequent reviews may take place if the prisoner’s circumstances indicate a potential change in the levels of security they require. In order for a prisoner’s security status to be reduced, clear evidence is needed to show that the risk they pose has decreased. Relevant to this issue are compliance with sentence plan, successful completion of offending behaviour courses, the prisoner’s own behaviour and the serving of a significant portion of the custodial sentence. IPP prisoners will be allocated an Offender Manager in the community and an Offender Supervisor within the establishment who will work together with the prisoner to address the reasons for his/her offending and set appropriate targets to reduce future risk. More specific guidance can be obtained in PSO 6010 Generic Parole Process, which covers the procedures involved in any move to open conditions. All establishments have received instructions from Prison Service headquarters regarding the need to treat IPP prisoners as a priority for programmes and courses. HMP Garth has a local protocol in place adhering to this.
Mailbag
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The Ministry of Justice writes: There are some restrictions on the use of 0800 or 0808 numbers but these are only usually applied when their use would raise specific security or public protection concerns. In 2002 it was discovered that some prisoners were accessing freephone numbers in an attempt to circumvent some of the security features of the Pinphone system and as a result, access to certain freephone numbers was removed. However it was not the intention to apply a blanket ban to freephone numbers and calls to a number of reputable organisations that provide advice and support to prisoners through a freephone number should have continued without interruption. In approving legal numbers to go on the Pinphone system, usual practice would be to verify that the number is indeed a legal number. This might involve ringing that particular number. However, once this has been confirmed it can then be placed on the prisoner’s pin account. Calls made by prisoners to this service will of course be free and some may feel that this may have an impact on other prisoners also wishing to use the telephone. However, if any prisoner is spending what is considered to be an excessive amount of time on the telephone the prison could, in fairness to others also wanting access to the telephone, exercise their discretion and locally configure the Pinphone system in such a way that it restricts either the length of one call, the time between successive calls and/or the maximum number of calls/total call time in any one day. Existing technology and controls which can be applied therefore make it possible to manage telephone access in a reasonable way.
Matthew Williams HMP Dovegate
Voting rights and responsibilities .......................................................................................................... STEVEN THOMAS - HMP BULLINGDON Thank you for publishing the excellent article by John Hirst on prisoners voting rights, ‘Let prisoners speak out’. The Labour government is pursuing a knee-jerk policy in response to the most bigoted and prejudiced minority of public opinion. Compared to our more civilised European neighbours, the main thrust of our social policy and directives from the Home Office has been to erode basic human freedoms and pander to the vile headlines of the Daily Mail and Express.
* Editorial note: Inside Time wrote individually addressed and signed letters to all 14 members of the House of Commons Home Affairs Select Committee and to the 14 members of the Justice Select Committee to enquire which of the four options outlined in the Ministry of
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He wrote: ‘The straight answer is none of them. I do not believe that length of sentence has anything to do with it and indeed it is a totally disgraceful delaying tactic. My default position is that in principle no prisoner should be denied voting rights, because they are citizenship rights and citizenship is not removed by imprisonment. That said, however, I expect that there will be certain crimes which merit the removal of the right to vote, but that should be a matter for the judge to determine at time of sentence. Therefore I believe that, yet again, the decision should be one left entirely to the judiciary, without political interference, save that the crimes which may qualify for such an addition to the sentence should be agreed by the Sentencing Guidelines Council.’ Prisoners’ voting rights page 22
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including murder, rape/serious sexual assaults, drug related cases and serious fraud
We also wrote a similar letter to several members of the All Party Group on Penal Affairs and the only response we received was from Lord Ramsbotham (pictured) a former Chief Inspector of Prisons.
I would urge all prisoners to send their views to Mr Meats, Second Prisoner Voting Rights Consultation - to do our part in respect to them.
SENTENCE T OO LONG? WRONGLY CONVICTED?
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More than a month later we have received only one response from a Member of the Home Affairs Select Committee who simply replied ‘none of them’ without indicating why.
The most sinister aspect of those that say no to votes for prisoners is the argument used in decades past against the Chartists, suffragettes and political undesirables; this being that some people are inherently inferior and not capable of taking such decisions. In the 21st Century, the issue is not just prisoners’ votes but the very health and fundamental ideals of British democracy.
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Mailbag
More to Listeners than listening
I thought a roll call check meant making sure you had enough sandwiches
..................................................... ANDREW ALLDER - HMP PRESTON After reading the contribution in your May issue by T J Williams (Lack of understanding), along with extracts from others who wrote on the same subject, I find myself agreeing with everything he said; especially after the rhetoric disillusionment of Andy Thackwray. As a Listener myself, I have been in HMP Preston for nearly two years and since joining the scheme, have seen the change the Listeners have gone through and the wholly positive influence it has for those feeling vulnerable in prison. What has made it work so well is the maturity and commitment Listeners at Preston have instilled in those who wish to speak in confidence, without judgement, impatience or threat of castigation. I couldn’t think of anything more overwhelming than approaching another inmate to speak about issues that sometimes have so much emotional stress attached to them. However, there is more to Listeners than just listening. The Listeners here, twice a week, take those who are in the hospital or on the re-introduction wing to the gym and support them in their work-out or minor games as part of a team effort to build confidence. These two days a week for those who are a lot more vulnerable than most in prison give them the chance to get off the wing and to integrate with the Listeners and socialise in a safe environment. We read and write letters for those who are still learning to read and write - an important service in order that prisoners can stay in touch with their families. Andy Thackwray said confidentiality doesn’t work; well I’m going to be one of those to burst his bubble by saying that the Listener schemes wouldn’t last very long if they didn’t have that one important rule. I have been in many prisons over the years but Preston has one of the best Listener schemes I have been involved with. My role as a Listener is something I take seriously and appreciate the strength of character it has given me; and all Listeners should be proud of their commitment to helping others.
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If you would like to contribute to Mailbag, please send your letters to ‘Mailbag’, Inside Time, Botley Mills, Botley, Southampton, Hampshire SO30 2GB.
MW HMP DOVEGATE
Prison Speak .....................................................
Where’s the accountability? ................................................................................................... TERRY BROWN - HMP ERLESTOKE I have served 14 years of a life sentence; have no adjudications against me; and been enhanced since 1996. Last year, I received my Parole dossier and came across a security report which stated ‘numerous Security Information Reports (SIR) from Kingston Prison; all of a miscellaneous nature’. I hadn’t a clue at the time what an SIR was, so submitted an application to speak to the security governor. He informed me that I had 13 SIRs recorded against me, all from Kingston, and that if I required any further information I would have to pay a £10 fee to the Open Government Unit, which I duly did. I received a letter stating that ten of the 13 SIRs were ‘not for disclosure’ and the three that were disclosed were extremely petty. How can it be right or legal that staff can submit SIRs with no accountability? Why aren’t we afforded the opportunity to defend ourselves against these allegations? If I want to make an allegation against a member of staff I can’t remain anonymous.
CAROL CLARKE - HMP NEW HALL
Imagine the uproar from the POA if prisoners were able to submit SIRs against prison officers in the same way that they can against prisoners!
Before I came to prison … … a canteen was where you had your lunch … a screw was what held a table together … a wing was part of a bird … a nap was a short sleep … a block was a piece of wood … a tag was something you tied to your suitcase … brief meant short … carrots were for eating … a burn was what you got when you got too close to the fire … doing a roll call check meant making sure you had enough sandwiches
Over 50s forum
Politically correct!
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RONALD CRABTREE - HMP CHANNINGS WOOD
NAME SUPPLIED - HMP PARKHURST
Now I’ve learnt better! I’ve learned … … toothpaste is for sticking pictures to your board … CDs are to see your reflection in … sugar and whiteners are currency … toilet roll middles are vases … razors are for decorating your arms … bics are not for eating … pads are for spinning I also know you can’t HOV your DPA, if you’re ill you can RIC or go to HCC, or even go on an ACCT … you can be IPP’d or MDT’d or HDC’d … you can talk to a PO, SO or the IMB … VOs and PVOs are for sending out, whereas SSOWs are for reading … IEPs are for achieving, YOs are for meeting, NOMS is for planning, IAG is for teaching, JC is for getting bail, life doesn’t mean life, 18 days means much more than two and a half weeks, basic means no TV, line route means no movement slip, unallocated means bored … then there are pink tickets which look like red tickets but mean something very different; there’s OCA and SOVA and UDT and DTO … If you are reading this and haven’t a clue what it means, welcome to HMPS! Is it any wonder your first week in prison is confusing? If you understand it perfectly, then have pity on ‘newbies’ and remember it’s all gobbledegook at first!
MACKESYS
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Allow me to highlight that here at Channings Wood we have formed our own ‘Over 50's Forum’. After much assistance from Dick Stokes of Help the Aged and Liz Davies of ACOOP, this was achieved at our first General Meeting in April 2009. The smooth inauguration of our forum was also greatly assisted by two members who were instrumental in the formation of the HMP Dartmoor Club and the strong support and backing of the authorities here. We are lucky that we already have an Over 50's orderly who helps to arrange activities and with whom we will liaise to arrange more. We also have a well established Elder Care Clinic. However, the fact that so many inmates attended this meeting proves to me that the Over 50's do still have concerns and issues, yet until now they were unable or unwilling to make their voices heard. Our objectives will be similar to Dartmoor's and we will be concentrating on matters that concern our members both whilst they are in prison and perhaps, more importantly, on their release. The Forum will enable us to put these concerns, together with suggestions, to the authorities. We can and will be an independent channel of communication and information for all our members. Anyone requiring further information about our Forum, or assistance in setting one up in their prison, please contact Ronald Crabtree LX9509, Chairman, Over 50's Forum, HMP Channings Wood, Denbury, Newton Abbot, Devon TQ12 6DW. Prison it’s in your head page 27
In response to the article in your May issue ‘Conning the Cons’ by UNLOCK chief executive Bobby Cummines, whereby he considers that prisoners are ‘vegetating whilst sealed in concrete boxes and fed a steady diet of Nintendo and East Enders’, I agree in part with what he says. A frequent topic of discussion between inmates is how the prison system has changed over the years and the pros and cons of both old and new school prison regimes and privileges. Although only 27, I have experienced both sides of the coin from no in-cell mains power to TVs and games consoles. When there were only radios, even as a young offender I found myself tuning into Radio 4 and enjoyed the debates and interesting subjects on the World Service, and even though I have a TV and the option for a play station that hasn’t changed. In fact, I have become more politically aware and interested on this sentence, and it’s been easily accommodated due to the privilege of my TV. During lunch time bang-up I watch daily politics on BBC 2 and the jewel in the crown for me is Thursday night’s instalment of Question Time! How many of these programmes do you think I watched on the out? None! Yes, I still watch a lot of rubbish now and again for escapism, but that fortunately is the choice all prisoners with a TV have. Undoubtedly some will indeed vegetate but many others will not, as Bobby advises, turn off their TVs. No, many change channel and tune into one of the political programmes. He calls it the ‘Big Boys Baby Minder’, well maybe so … but only if you let it!
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‘What is the legality of the Parole Board increasing my sentence by 130%?’ ..................................................... STEPHEN FAULKNER - HMP ERLESTOKE I would be interested to know the legality of the Parole Board increasing my sentence by 130% to that issued by the judge. I know I am not the first person that this has happened to, with some having had up to a 200% increase compared to the tariff set by the sentencing judge. In section 225(3) of the CJA 2003 it states that if the offence does not carry life imprisonment as its maximum penalty, and the court considers that the seriousness of the offence does not justify a life sentence, it must impose a sentence of public protection. The act says that IPP is not a life sentence and that it’s a public protection sentence. Surely all sentences are public protection, apart from those who are in for non-payment of fines? Why are IPP prisoners being treated as lifers when it clearly states in the act that it is not a life sentence? I am also concerned about the length of time IPP prisoners have to wait for a second Parole Board review and would appreciate comment from Prison Service HQ.
The Ministry of Justice writes: All life and indeterminate sentence prisoners must serve a minimum punitive period of imprisonment (tariff ) before they can be considered for release. The minimum term is subject to clear guidelines in the Criminal
Innocent recalls ..................................................... CHRISTOPHER PIERCY - HMP WOLDS The authorities now have numerous licence recalls who haven’t committed a crime, only a licence breach. Is there anything that can be done with those who haven’t actually committed a crime? Many offenders and their families are now suffering helplessly because the authorities don’t know what to do with them. With the overcrowding situation at critical point, the only thing they seem capable of doing is keeping such offenders languishing in custody. Recalls who haven’t committed a crime are not getting a fair chance - basically they are caught up in a system that cannot cope. Should they be left suffering in a system that is outdated? Is it fair to further punish them when they haven’t committed a crime? It costs over £40,000 a year to keep a recalled prisoner. This money could be used to rehabilitate the licence recalls in the community. Recalls who have not re-offended should be given a fair chance and should be released because of the pain and suffering this is causing not just to the offender but to their families. We are supposed to live in a civilised society, however there appear to be major systemic failures with this mass of non-offending licence recalls.
VLS
Justice Act 2003. Once the tariff has expired, the release of an IPP offender is a matter for the independent Parole Board. The time needed by any offender to demonstrate that their risk has reduced will vary from person to person. The maximum period that may elapse between the Parole Board considerations of release in tariff expired cases is two years. Mr Faulkner is right to think of prison sentences being seen as protecting the public. However, the CJA 2003 created ‘public protection sentences’ namely IPPs and EPPs (extended sentences). There are different types of indeterminate sentence for adults; mandatory life, discretionary life and imprisonment for public protection. Anyone sentenced to an indeterminate sentence will be given a tariff set in open court by the judge hearing their case. IPP and life sentences come under the umbrella of the indeterminate sentence. Any prisoner serving an indeterminate sentence will not have a release date until the Parole Board decides they are safe to be released, so the figure of ‘99 years’ is used for administrative purposes until a release date is established. Section 225(1) does not relate to the maximum penalty issue. It may be that Mr Faulkner meant Section 224 (2b). This relates to determinate sentences where 10 years or more than 10 years imprisonment can be imposed. The setting of further reviews rest with the Public Protection Casework Section (PPCS) on behalf of the Secretary of State.
Brought up short ...................................................................................................... WARREN MURRAY - HMP ALBANY As a lifer this past 13 years, I have read your paper a number of times and generally only give it a cursory glance as quite a few of the letters tend to be self-pitying waffle which usually annoys me. However, I was brought up short by the article ‘Sally’ in your March issue and then the letter from Lisa-Marie Davies in May. The young woman referred to in both pieces, a lifer who tragically committed suicide in Foston Hall, was indeed a bright, beautiful young woman who I had been writing to for ten years and her passing has left quite a large hole in my life. Very few sentences run smoothly for men or women but at least for male prisoners there is usually a fair amount of forward momentum. It was mostly this lack of forward momentum and ‘hit and miss’ attitude towards her sentence that used to frustrate ‘SJ’ and when I read her letters, I could see why she never felt she was making progress. I’m not sure if it’s because the prison service don’t fully know how to deal with female prisoners or they try too hard to be seen to be over caring. Either way, I think it’s probably time for a re-think. I just hope no more women have to be left in limbo and forgotten by the prison service before it finally gets its act together, and a final message to LisaMarie Davies in HMP Send; for goodness sake don’t become yet another casualty of their failings.
If you would like to contribute to Mailbag, please send your letters (concise and clearly marked) to ‘Mailbag’, Inside Time, Botley Mills, Botley, Southampton, Hampshire SO30 2GB. To avoid any possible misunderstanding, if you have a query and for whatever reason do not wish your letter to be published in Inside Time or appear on the website, or yourself to be identified, please make this clear. We advise that wherever possible, when sending original documents such as legal papers, you send photocopies as we are unable to accept liability if they are lost. We may need to forward your letter and /or documents to Prison Service HQ or another appropriate body for comment or advice, therefore only send information you are willing to have forwarded on your behalf.
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Article 5(4) of the Human Rights Act provides: "Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful". In order to comply with Article 5(4), all cases are considered by PPCS on their individual merits and review dates are set taking into account a range of factors on the case such as:• The extent and nature of the risk reduction work; • The availability of such work and where in HMPS; • The available information contained in the dossier and the Parole Board's decision; • The period of testing necessary needed to demonstrate the impact and efficacy of any offending behaviour work; and • To take into account the parole review process, which commences 26 weeks prior to the month the oral hearing is scheduled to take place. This means, in practice, PPCS aims to set reviews which balance the need to have a review speedily, whilst recognising that an overly short review may have a negative impact on the offender's chance of progression or release. It may also create ineffective work for an already stretched Parole Board. This may appear to be at odds with the often short tariff that is set by the courts; but the setting of realistic further reviews is necessary to maintain a parole process that is deliverable, that takes account of individual needs, and is based on a fair assessment of the issues identified above. The maximum period that can be set between reviews on post-tariff indeterminate cases is 2 years.
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Lack of humility ..................................................... JOHN O’CONNOR - HMP WHATTON I am troubled by various aspects of Shah Mohammed Haque's allegation in your May issue of ‘censorship’ by Inside Time. Firstly there's arrogance: ‘So far, two of my articles have not been published’. This presumes Mr Haque determines key editorial criteria of quality, topicality and relevance, and therefore he decides what should be published. Without doubt, attempting to usurp the role of an editor is not a sensible career move by any contributor eager to see their name in print. Mr Haque also infers insider knowledge of Inside Time when claiming to know how it perceives him …’I'm just a convicted prisoner, a Muslim one at that’. And when stating … ‘I deplore censorship’, it is precisely this he is attempting when asserting what Inside Time should or shouldn't publish. There's also a certain condescension (or pomposity?) regarding his questioning of the quality of Inside Time editorial material. This lack of humility may well be deemed offensive, particularly to those contributors lacking Mr Haque's literary skills. As for his complaint of ... ‘manipulation of views and thoughts’, isn't this exactly what Mr Haque is himself attempting in his letter?
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THE INSPECTOR CALLS... Taken from the most recent of Chief Inspector of Prisons Dame Anne Owers’ inspection reports, Inside Time highlights areas of good and bad practice, along with a summary of prisoner survey responses, at New Hall, Castington and Haverigg
HMP & YOI New Hall (Inspection 10-14 November 2008 - Report published 25 May 2009) New Hall, which holds a ‘needy and challenging’ population of sentenced and unsentenced women, young adults and girls, as well as a mother and baby unit, is described as being ‘reasonably safe’ but more needs to be done to improve relationships between prisoners and staff and to expand reintegration services. Staff-prisoner relations were generally poor, not helped by a disproportionate number of male staff for a women’s prison. Some staff had outdated and inappropriate attitudes to women, especially those with mental health issues. A significant number of women arriving at New Hall had serious substance abuse, mental health and self-harm issues. Prisoner survey responses to questionnaires returned by 125 prisoners at New Hall indicate that: 60% had feelings of depression or suicidal within 24 hours of arrival; 55% were offered clean, suitable clothes for the week; 30% said the food was bad; 56% said complaints are dealt with fairly; 32% said they didn’t know who the Independent Monitoring Board were; 59% said they had felt unsafe.
HMYOI Castington (Inspection 19-23 January 2009 - Report published 22 June)
thoroughly investigated internally but no coherent explanation had emerged for the scale and frequency of these injuries. Prisoner survey responses to questionnaires returned by 91 prisoners at Castington indicate that: 43% felt depressed or suicidal upon arrival at reception; 61% said complaints were dealt with promptly; 45% said they felt unsafe; 25% had been victimised by a member of staff; 36% said it was easy to obtain illegal drugs; 54% said they had an alcohol problem when entering prison;
HMP Haverigg (Inspection 2-6 February 2009 - Report published 8 June 2009) Haverigg was not safe, nor was it an effective training prison, at the time of the inspection. The prison was not performing sufficiently well against any of the Inspectorate’s key tests, and was performing poorly in relation to safety. Prisoner survey responses to questionnaires returned by 121 prisoners at Haverigg indicate that: 57% have health problems; 46% said staff opened letters from solicitors or legal representatives when they were not present; 97% are normally able to shower every day; 57% said applications are dealt with fairly; 76% said staff treated them with respect; 37% had felt threatened or intimidated by another prisoner or group of prisoners; 62% said it is easy /very easy to get illegal drugs; 48% are currently taking medication.
Castington was said to be performing reasonably well in most ways, however there had been an unacceptably high number of serious injuries to young people over a two-year period as a result of the use of force by staff. Over a two-year period, the use of control and restraint on young people had led to seven confirmed fractures and three suspected fractures. Inspectors had never previously come across so many serious injuries sustained in this way. These incidents had been
Chief Inspector of Prisons inspection schedule 10/08 07/09 14/09 28/09
Preston Liverpool Warren Hill Foston Hall
Levys
‘Prisons are universities of terror’ Since the London bombings of July 2005 around ninety people have been convicted of significant terrorist offences in the United Kingdom, and at least half as many again of more minor offences centred on fifteen or sixteen evident terrorist plots or attacks, hatched since 2001. Most of these plots have either not been successful or else have been only partially successful. Some have been a long way off coming to fruition. But all of them have threatened significant harm and were intended to create terrorist outrage, and in 2005 one of them constituted a major attack. Almost half the current convictions have resulted from guilty pleas. The interception of these plots and the exposure of most of their details to public scrutiny has revealed, in addition, a wealth of forensic evidence, literature, sermons and suicide videos which offer now a better basis upon which to assess the behaviour of terrorist groups operating in the UK during the last four or five years.
and Security Studies (established 1831).
These are the conclusions of a new Report by the Royal United Services Institute for Defence
Terrorism in the United Kingdom: Comfirming it’s Modus of Operandi. June 2009
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Since 2001 we have seen only the first round of the struggle.The RUSI Report adds that prisons around the world are universites of terror and there is no reason to believe that the UK’s will not be the same. The ninety-odd convictions, of which the security services can be proud, will have their own longer-term consequences for which the government must be prepared.
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An Al-Qa’ida core still exists and believes in targeting the UK. But the instruments of its terrorism are largely organic, not mechanistic, and they will continue to evolve as the current generation of twenty to thirty-five year-old men (mainly) grow older and are replaced by another such generation. It is becoming clear that the UK’s security services have done a good job so far in containing a new, home grown threat to public safety and to the UK’s chosen way of life.
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Insidetime July 2009 www.insidetime.org
1,000 children who are found innocent at trial are locked up each year
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Did I say that…?
As many as three-quarters of the children who are locked up before they appear in court do not go on to receive a prison sentence, according to a new Report by the Prison Reform Trust. Children, they say, should only be remanded before trial if there is evidence they may commit a violent offence if released on bail. The report, entitled ‘Children: Innocent Until Proven Guilty’, states that of those children placed on remand by magistrates courts, three quarters will either be found innocent or will not receive a jail sentence for their crime. The report also finds that in 2007-08, the average population of under-18s in custody at any one time was 2,942, of whom 60% were on remand. This is an increase of 41% from 2000-01, when the average population of this age was 2,807 with 429 on remand. The Prison Reform Trust estimates more than 1,000 children who are found innocent at trial are locked up each year. They recommend that the government and the Youth Justice Board should focus on areas with particularly high remand rates. And additional support and training should also be given to local youth offending teams, prosecutors and magistrates.
Victorian Prisoner No 5
‘The Government has made it clear that migration only works if it benefits the British people … People from overseas poured a record £14.2 billion into the UK economy in 2007.’ Phil Woolas - Border and Immigration Minister. An Analysis by the Office for National Statistics found that £4.1 billion was sent out of the UK by migrants working in 2007. The figure is almost double the £2.3 billion sent home in 1998, reflecting the huge increase in the number of migrant workers. The total amount sent out of the UK over the past decade is £31.5 billion. Britons working abroad are also sending significant sums of cash home but this still leaves a net flow from the UK of £1.8 billion or £4.9 million a day.
Samuel Cant
1080 Age: ................................................. 26
Six female prison officers have been caught in a sex, drugs and porn scandal at Aylesbury YOI in Buckinghamshire, reports the News of the World. David Kennedy, the governor, is reported to be ‘tearing his hair out’ and has asked the police to arrest the women involved. He added: ‘Inappropriate relationships between prisoners and staff are a gross abuse and constitute a security breach’.
Prison Officer of the Year 2009 announced won the Safer Custody category, clinched the title for her outstanding work as Violence Reduction Co-ordinator at her establishment.
Height: ....................................... 5ft 5” Hair: ......................................... Brown Eyes: ......................................... Brown
Presenting the award, NOMS Director General Phil Wheatley said: "I am absolutely delighted that Dom Chapman has won the Prison Officer of the Year Award. Her work has been of the highest quality and has helped both staff and prisoners to work and live in a safer environment”.
Complexion: ............................. Fresh Born:
..................................
Essex
Married or Single: .................... Single Trade or Occupation: ........ Accountant Distinguishing Marks: .............. Scar on forehead and over left eye
Senior Officer Dom Chapman of HMP Nottingham (pictured with Phil Wheatley) is Prison Officer of the Year 2009. Dom, who also
Address at time of apprehension: Alwell House, Alwell Road, Peckham Place & Date of Conviction: Surrey Sessions 5 February 1872 Jury Trial
McMillan Williams Solicitors
Offence for Which Convicted:
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Embezzling £4 & 3 shillings and £5 & 6 shillings Sentence: ........ 12 months hard labour
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The category winners were: Decency: Terri Duddy, Prison Officer – HMP Erlestoke
Criminal Defence Milton Keynes Specialists in Criminal & Prison Law
Adjudications Lifer Panels Categorisation & Transfers Appeals HDC Licence Conditions Lifer Issues MDTs & VDTs Parole Applications Recall ROTL Tariff Reviews For help, advice and representation throughout the midlands & the south Contact: Harriett Mather at CDMK Solicitors 62 The Queensway Bletchley, Bletchley, Milton Keynes MK2 2SA
01908 379 225 www.cdmk.co.uk www.cdmk.co.uk
Meanwhile immigration has increased four fold since 1997 to 238,000 (equivalent to a city the size of Southampton) a year - one nearly every two and a half minutes.
Managing Difficult Prisoners: Ian Owens, Prison Officer – HMP Manchester Reducing Reoffending: Ralph Blair, Senior Officer – HMP Preston Safer Custody: Dom Chapman, Senior Officer – HMP Nottingham Security: Nigel O'Brien, Senior Officer – HMP Swaleside Staff Support: Hannah Davies, Operational Support Grade – HMP Risley Working with Young People: Justin Colman, Senior Care Manager – HMP & YOI Ashfield Diversity: Sarah Wilson, Principal Officer – HMP Holme House Lifetime Achievement: Michael Cassidy, Principal Officer – HMP & YOI Low Newton
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Inside
Art
The National Gallery is launching a new outreach programme encouraging young men detained at Feltham Young Offenders Institution to engage with the creative arts. The programme, Inside Art, will be undertaken by groups of 18–21 year-old men at the institution and will include sessions on sculpture, drawing, painting and gilding. The workshops will take place in Feltham’s new on-site Art Academy, and it is hoped that the participating young men will benefit from their art practice. Inside Art will culminate with an exhibition of the young men’s work at the National Gallery in spring 2010. The work will be shown prior to this in the Art Academy. The National Gallery is the first organisation to develop an arts programme at the Art Academy, a centre aiming to involve Feltham’s young adults in a wide range of creative arts activities. Participants will be asked to engage imaginatively with the visual arts and creative processes. It is hoped that this will help enable young men leaving custody to reintegrate back into society by developing their confidence and self-esteem, improving their communication skills and general well-being, and encouraging a greater understanding of self and others.
The walls of HMP Lindholme have received an innovative and decorative boost courtesy of a project involving the art group. Wanting to brighten up the wing, three men from the art class suggested murals, an idea that was taken up and agreed to by a governor. The motivation and ideas were generated by the art class, who have been painting the work onto the walls. Gillian O'Neil, Art co-ordinator at Lindholme told Inside Time, “The men on the wing became involved and interested in the work, discussing what they wanted to see and what was being painted. “It has been very successful, generating interest from prisoners and staff alike, and is now being extended to other wings and other areas”. Photos: David Rose
‘Freedom of Art’, is an exhibition of work from HMP Pentonville Day Care Activity Centre; a joint partnership between the prison and the local NHS which promotes a range of arts including music, ceramics, drama and creative therapy. Programmes are designed to support prisoners who suffer from mental health issues and other health related needs. The exhibition, organised by Peter Herbert, Arts Project Manager, demonstrates not only the benefit to prisoners from the activities but also the huge wealth of talent locked away in our prisons. Karen Elgar, Governor of Reducing Offending, speaking at the opening, told how the prison had changed and developed to respond to a whole range of new challenges and that the Day Care Centre was a hugely valuable resource; however John Carrier, Chairman of the Camden NHS Trust, explained how the Centre was at imminent risk of funding cuts and left early to go to a meeting to argue against any cuts.
The National Gallery intends to report on their findings in relation to these aims on an annual basis over the three-year period of the scheme. It is hoped that other projects including those based around theatre, dance and music - could follow the National Gallery’s pilot project in the Art Academy.
The exhibition is open Monday - Friday 09:00 - 18:00, until 20th August at; The Conference Centre, St Pancras Hospital, St Pancras Way, London NW1 0PE.
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Did I say that…? The San Quentin News has resumed publication after a 16-year break. Like newspapers everywhere the content covers news, sports, arts and real life stories. The difference is that this newspaper, with a circulation of 7,500, is produced and hand folded by a group of four inmates at the Californian high security prison. (Paul Sullivan writes)
Eyes on ‘Alcatraz of the Rockies’ In the shadow of the majestic Rocky Mountains, you can find one of the grimmest places on Earth The federal government’s only super-maximum security prison houses the most dangerous prisoners in the United States, who spend their days and nights sealed in sound-proof concrete cells. Most of the outside never come in; most of the prisoners never come out. ‘Nobody has ever escaped,” President Obama said last month, referring to the Florence, Colo., fortress dubbed the “Alcatraz of the Rockies.” It’s here that Obama has suggested sending some of the residents at the infamous Guantanamo Bay Detention Centre. On Jan 22, Obama issued an executive order, calling for the closure of the military facility in Cuba within a year. The order also set in motion a
Prison officials in Arizona, USA hope to have a dog capable of detecting mobile phones in each state prison by the end of 2010. The state Department of Corrections has four dogs that are either working or being trained to work in one of the state's
As well as being available to inmates it is also available to the public and contains a wide variety of stories about life in the prison and its residents.
review of the 240 detainees there to determine whether they should be released or how they should be prosecuted and detained prior to any trial. Referring to the Florence “supermax” last month, Obama said his administration will seek to transfer at least some detainees to “the same type of facilities in which we hold all manner of dangerous and violent criminals within our borders.” While Guantanamo Bay has been cast as a symbol of America’s brutality during the war on terrorism, the Administrative Maximum Security (ADX) US penitentiary in Florence has a severe reputation all of its own. 10 prisons to search for cell phones being hidden by inmates. The dogs, who can also detect batteries and phone chargers, are trained to identify four unique odours associated with cell phones and their components and have so far helped Arizona corrections officers confiscate about 50 phones.
Dogs trained to detect phones
The publication’s mentor is John Eagan a retired press writer, editor, executive, and former editor of the nearby Novato Advance and Petaluma Argus Courier. There is an Advisory Board but all the reporting, typesetting and printing is done by the prisoners. The newspaper is seen as a vocational and educational project which will help its ‘staff’ enhance their employability on release.
As in the UK, mobile phones are banned in prisons and inmates found with phones face disciplinary action and even criminal charges, depending on the severity of the incident in which a phone was used. The phones, which have caused more problems in prisons within the last decade as they have become smaller, are used to conduct criminal activity, including drug transactions and gang business, and can also aid inmates who try to escape or actually do escape. News from the House page 34
‘I have dealt with my expense claims honourably and honestly, and will be handing out a full breakdown of my claims year by year’ Brian Binley, the Northampton South MP speaking in May 2009. One month later the Daily Telegraph reported that Mr Binley, a millionaire Conservative MP, broke parliamentary rules by claiming more than £50,000 in taxpayer-funded expenses to rent a flat from his own company.
Michael Harris, the Editor-in-Chief, (pictured back row, second left, with the editorial team) and serving a 25 to life sentence, told Fox News "Once we started printing the paper ... you see this prison come to life in terms of cooperation, in terms of, hey, this is an opportunity to be able to tell the stories from your perspective and also allow the rest of the world to see what's happening here." It used to be very common for American prisons to produce newspapers but there has been a down-turn in such activity. It all started in a New York debtor’s prison in 1800 and by the 1970s there were hundreds of different papers. As times changed and prisoners became more confrontational about issues such as overcrowding and violence such projects were looked on with suspicion by prison warders who were concerned that the public would get a one-sided view of prison life, and numbers dwindled. Will it last? There are no figures for the cost of production but Arnie Schwartzenegger has a $24 billion deficit and is laying off 5,000 state employees, mainly from the prison system, so the future may still be bleak for the San Quentin News.
The Daily Telegraph alleges that Binley claimed £1,500 a month to rent a flat for more than 3 years, despite House of Commons rules forbidding MP’s from renting properties from themselves or their companies.
An historical footnote On his return to Earth Buzz Aldrin - the second man to land on the Moon in 1969 - 40 years ago this month - filed his expenses sheet. It said (literally): Payee’s Name: Colonel Edwin E Aldrin From: Houston, Texas To: Cape Kennedy, Florida To: the Moon Via: Pacific Ocean Amount Claimed: $33.31 Just that. He had an away-from-home allowance of $10 a day and had been away for 3.3 days.
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The number of deaths in Britain triggered at least in part by obesity is rising at a rate of 35% every four years. In 2007, 1,203 British death certificates cited obesity as one of the causes of death, over a third more than in 2003. And the real figures could be far higher, since it is thought that many doctors do not mention the word obesity on death certificates for fear of upsetting the relatives of the deceased. Dr Emyr Benbow of the Royal College said that he knew of a “number of instances” where doctors had been asked to remove the word because the family found it “stigmatising”. A major study conducted last year found that the majority of adults in the UK were overweight and that obesity levels had doubled since the 1980s.
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Death and obesity
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Four children with severe nut allergies are now able to eat peanuts as a result of undergoing ground-breaking desensitising treatment in which they were given increasing doses of peanut to build up their tolerance. Previously, the children were at risk of lifethreatening anaphylactic shock if they were exposed to even tiny traces of peanuts, but by starting with a tiny 5mg serving and slowly building up the quantities over six months, they trained their bodies to tolerate at least 800mg – in other words, enough to make the children immune to five peanuts’ worth of peanut flour. Peanut allergy affects one in 50 young people in the UK, and unlike other childhood food allergies, it rarely recoded over time. “Every time people with a peanut allergy eat something, they’re frightened that it might kill them,” said Dr Andy Clark of Addenbrooke’s Hospital in Cambridge, who was one of the researchers. “Our motivation was to find a treatment that would change that and give them the confidence to eat what they like. It’s all about quality of life.”
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For years dieticians have been telling us to follow a Mediterranean diet, but some are now saying we might do as well to adopt a Nordic one. Olive oil, tomatoes and citrus fruits could be replaced with rapeseed oil, berries and Brussels sprouts. Studies have shown that berries such as blueberries, which flourish in the cold, are bursting with the anti-oxidants that protect against heart disease and cancer. Rapeseed oil makes an excellent alternative to olive oil, and vegetables such as cabbage and Brussels sprouts contain high levels of vitamin K, which helps the blood to coagulate. Scientists at the University of Copenhagen are now working on a 13.3m Euro project, funded by the EU, to develop a Nordic diet that is “superior in terms of health-effect and palatability” to its Mediterranean equivalent.
New treatment for nut allergies
Many women are putting their unborn babies at risk by not living healthier lives in the runup to conception, a study has found. Of 12,000 women surveyed over a four-year period, very few of those who tried for a baby had reduced their drink intake, quit smoking or begun taking recommended vitamin supplements. Some made the changes after they discovered they had conceived, but very few beforehand. According to Prof Hazel Inskip of the University of Southampton, who led the research, this is partly because women don’t realise how vulnerable a foetus is during the first weeks of pregnancy. “Early influences affect the risk of miscarriage, may contribute to the obesity epidemic, have an impact on IQ and have all sorts of subtle long-term effects,” she said.
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Cabbage and sprouts are good for you
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If you manage to avoid lung cancer by giving up smoking, there’s a risk you’ll die of mouth cancer from the nicotine gum that helped you quit. That, at any rate, is the conclusion of Dr Muy-teck Teh of the University of London, who recently investigated the link between the use of nicotine gum, lozenges and other tobacco-replacement products, and the mutation of a gene named FOXM1, which can lead to mouth cancer. Although it has long been known that nicotine is carcinogenc (albeit less so than other chemicals in cigarettes such as tar), and most of these products come with a warning that people should stop using them after a few months, Dr Teh found the link between nicotine and mouth cancer was greater than had previously been thought. Nevertheless people should make no mistake: smoking is still “far more dangerous” than chewing nicotine gum.
In response to allegations that Michael Jackson’s sudden death was caused by his taking a cocktail of prescription drugs Dr Conrad Murray, his personal physician, told the police that Jackson had, in fact, looked pale for some considerable time.
How anger can prove fatal Losing your temper can be fatal. Doctors in the US have discovered that feelings of rage can trigger potentially lethal irregular health rhythms – a finding that ties in with earlier research showing that the stress caused by major events, from the loss of World Cup football games to war, can cause a “blip” in the rate of fatal health attacks. “When you put a whole population under a stress factor, sudden death will increase,” said Dr Rachel Lampert of Yale University. She studied 62 adults with defibrillators implanted in their chests, which monitor the regularity of their heartbeats, and subjected them to a mental street test. The results showed a positive link between anger and instability of heart rhythm. What’s more, those rated angriest were ten times more likely to have suffered from cardiac arrest in the three years after the test. However, there is no evidence that anger can trigger heart attacks in people with healthy hearts.
Amy Winehouse is saying goodbye to England and is moving for good to St. Lucia where, she says, life suites her better.
Madonna benefits from a ‘buy one get one free’ offer in Malawi.
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Do you know...? • Nearly two-thirds of Afghans say the security situation in their country has worsened since 2004. (In 2004, 75% thought security was improving) 86% have a generally positive view of foreign forces in the country, but a similar proportion wish those forces would do more. • The Post Office has to buy 872 million elastic bands every year – at a cost of £1m – because posties keep throwing them on the ground when delivering mail. • Of the 543 MPs elected to the Indian parliament in 2004, 125 were facing criminal charges, including murder, rape and corruption. • Schools are recruiting former bouncers, soldiers and policemen to provide “crowdcontrol” during lessons. The National Union of Teachers conference heard Schools now regularly advertise for teachers with backgrounds in the military or police. One recruitment agency, Aspire People, is currently advertising for “hardcore cover supervisors” who can “control the kids”.
• Psychologists have warned that classic Disney films may give children the wrong idea about how to handle “stranger danger”. Research published in the journal Child Abuse Review found that in films such as Pinocchio or the Jungle Book, children often tried to extricate themselves from “risky situations” without telling a “trusted adult”. • 77% of Britons say the world has become a more frightening place in the past 10 years. 66% feel anxious about the economy, and 49% have money worries. • 70% of Britons believe in the human soul, and 53% believe in life after death. 39% believe in ghosts (compared to 10% in 1950) and 22% believe in astrology (up from 7% in 1950). • 86% of climate change experts do not believe that political efforts to restrict climate change to 2C will succeed. 46% predict a rise of 3C-4C, which would turn the Amazon rainforest into desert, destroy coral reefs, and bring drought and famine to Europe. • The FBI suspects 200 truck drivers in the US of being serial killers.
• One in every 20 pound coins in circulation is estimated to be counterfeit. The figure, provided by a coin testing company, suggests that there are many more fake coins in circulation than previously estimated by the Royal Mint. • Tesco has ordered a farm, which supplies it with lamb, to stop using sheepdogs unless they can be trained to be “ more considerate” towards sheep. Tesco wants the shepherds at Silver Fern Farms in New Zealand to herd sheep by flailing their arms, beating sticks or waving flags, which it says is less “stressful” than being corralled by a dog. “Dogs are part of a sheep’s life,” said Mick Petheram, one of the shepherds. “This is absolute baloney.”
15
NEWS IN BRIEF
Despite the nice smile, Gordon Brown cannot explain, to everyone’s satisfaction, why he is in Prince Harry’s bedroom.
• The Swan Hunter shipyard in Wallsend finally fell silent after the last of its cranes left the River Tyne for a new life in the Bharati shipyards in India. Once, the north-east of England produced two out of every five ships built in the world. But the closure of Swan Hunter means it no longer has a single shipyard left. • One in five teachers thinks the cane should be reintroduced to restore order in the classroom. President Sarkozy wants to ban the wearing of the burqa in France while President Berlusconi of Italy wants stockings and suspenders to be made compulsory.
The NHS costs twice as much as it did ten years ago at around £102bn and is now the world’s third largest employer after the Indian railways and the Chinese army.
One in three women imprisoned in the UK is there for shoplifting, more than for any other crime; 80% will re-offend within two years of release. In 1997 there were 129 female shoplifters in prison; now there are 1,400.
After winning landslide election victories, the Presidents of Iran and Russia are comforted by the thoughts of Stalin. ‘It’s not the people who vote that count, it’s the people who count the vote.’
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16
Diary
Insidetime July 2009 www.insidetime.org who’d thought about themselves and turned their thoughts into poetry. Inside Poetry is a vivid picture of life inside prison with all its loneliness, humour, regrets and hopes.
Month by Month by Rachel Billington
The highlights of the evening were readings from the book, kicking off with Noel ‘Razor’ Smith (out for the evening from HMP Blantyre House) reading his own poem ‘Old Lags’ and ‘Second Chance’ by N Jarrett. ‘Old Lags’ was the first poem Inside Time ever published, going way back to 1994. It’s a funny, clever poem, although Noel now writes prose with his autobiography ‘A Few Kind Words and a Loaded Gun’ published by Penguin. He was followed by actors Chloe and Matt who read more poems including ‘A Mother’s Tale’ by Claudia Santos at HMP New Hall and ‘I Once Met the Lord’ by Dean Alan Brindley from HMP Garth. In Boris Johnson’s words, the poems are ‘sad and honest and true.’
Inside Poetry Editor Rachel Billington (left), with Dame Anne Owers, HM Chief Inspector of Prisons, and Noel ‘Razor’ Smith who wrote the first poem published by Inside Time. Photographs © prisonimage.org
the first book (but we’re pretty certain not the last) published by Inside Time.
uly 2nd. A very hot night in London. At the Holland Park underground station, sweating travellers reach street level with relief and some of them head for Daunt’s Bookshop just a few minutes walk away. They were attending the launch of Inside Poetry, the first book of poems written by people serving time in UK prisons. It’s also
July is party-time in the capital, girls in stack heels and halter neck dresses, men in t-shirts and - well, mens’ clothes seldom take much describing. The point is we were having a party to celebrate the 202 men and women
Former Brixton Govenor, John Podmore (left) with Tim Robertson, director of the Koestler Trust.
Charles Hanson (left) with Charles Hills, both recently released, talking to an invited guest.
J
Give yourself the best chance
Guests listening to the readings included Dame Anne Owers, Chief Inspector of Prisons, John Podmore, ex-governor of Brixton now heading a unit working to eliminate corruption within prisons, Tim Robertson, director of the Koestler Trust, Jane Mays from the Readers Digest, Susie Dowdall from the Daily Mail, Trevor Grove, chairman of the Inside Time board, Jenny Barraclough, documentary film-maker (including the first film on HMP Holloway), Esther Baker and Jennie McClure from the Synergy Theatre Project (see below), authors Rebecca Fitzgerald, Anne Sebba, Frances Spalding and Edward Russell-Walling, publishers Jane Wood and Tom Stacey and many others. There were also some of the men and women who write, or have written for Inside Time.
Journalist Bob Woffinden (left), with Bryan Gibson from Waterside Press.
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We wished the authors of the poems could have been with us too but their book - your book - was there, decorating the shop window and beside the till, selling well. No-one’s going to make any profit from this; the money received from sales will go towards the cost of publishing the book and towards placing one free copy into each prison library in the UK. Look for it there and if you want to buy a copy of the book at the discount price of £7.50, write to Inside Time. Earlier in the week I was interviewed for the Radio 3 programme, The Verb, talking about Inside Poetry. The piece went out on July 3rd and I read a couple of poems - not as well as Noel or Chloe or Matt. But the makers of the programme were very impressed by the quality of the writing, which is of course the whole point. Getting the book read outside prison shows a much wider audience just what talented people there are spending time in Her Majesty’s prisons. In the course of the next month or two, we expect more notice from the press. Meanwhile, keep sending in the poems. We already have Inside Poetry Vol II firmly in our sights. You too could be a published poet.
Guests from the Prisoners’ Education Trust.
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These included Charles Hanson, astrologer Polly Wallace and Charles Hills. Others both work for Inside Time and write for it either regularly or occasionally, such as Eric McGraw, John Bowers, John Roberts (who master-minded the book) Paul Sullivan and Lucy Charman. Also present was Bryan Gibson from Waterside Press, who advised on the production of the book, and Colin Matthews, our brilliant designer - hot-foot (in every sense of the word) from the Glastonbury Festival.
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17
sight. Darkness falls and everything goes strangely quiet … even the birds stop singing.
Wheel of the Year The cast of Fallout staged at Brixton by the Synergy Theatre Project From poetry to drama. Fallout, staged at Brixton in June by the Synergy Theatre Project in co-operation with the ‘Irene Taylor Trust’ Music in Prisons, was an exciting performance, acted by prisoners plus two professional actresses, Coren Lawrence and Marcia Parkes. The music was especially written inside the prison over three weeks, with the help of Brixton’s guitar tutor Emrys Baird and project leaders Nick, Sara and Eileen. Some of the musicians, like Simon, have had no previous experience and others, like Lee, had been playing since they were kids or had done other projects with Music in Prisons. All had thoroughly enjoyed bringing the beat into prison and punctuating the series of short scenes which make up the play. Fallout, written by Roy Williams, is set on a London estate following the murder of a boy by four of his contemporaries. Police investigations and a huge reward test the street loyalties of a group of close friends to their limits. Thanks to Esther’s usual impeccable direction, all the actors were good enough to deserve a mention: Banks as Emile, Millius as Joe, John Murch as Matt, Fudge as Dwayne, Redzy as Manny, Fox as Clinton, Jason Jordan as Perry and Richard Kent as the inspector.
Brixton’s Governor, Paul McDowell, was in to watch the performance and commented, ‘It was really special. It takes a lot of bravery to act and play music in front of an audience, particularly when you’ve had little or no experience.’ The audience of men from the wing and the cast’s families thoroughly agreed with that view. I was sitting in front of the wife of one of the actors who told me that they’d got married in the prison last year - the first marriage in HMP Brixton since 1952. She’s heard they’ve started a bit of a trend. So prison can be a place of celebration… Finally, a mention for the winners of the national scriptwriting competition run by Synergy. There were eighty entries and the top three were: 1st Prize: ‘Care’ by David Smith, 2nd Prize: ‘Sour Times’ by Stuart Hodgkinson, 3rd Prize: ‘Every Coin has Two Sides’ by Carlon Robinson. Esther tells me that the winning scripts will be performed in rehearsed readings at The Royal Court Theatre, London, later in July. Congratulations to all three!
insidepoetry A collection of 213 poems by 202 prisoners chosen from over 2,000 poems sent to Inside Time. Now available at a special discount price of £7.50 for Inside Time readers, family and friends. Inside Time, P.O.Box 251, Hedge End, Hampshire SO30 4XJ. Telephone: 0844 335 6483 ISBN 978-0-9562855-0-8
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A monthly column devised by astrologer Polly Wallace exclusively for readers of Inside Time drawing on themes from both astrology and astronomy. The intention is to provide a range of information and ideas to coincide with the International Year of Astronomy and the 400th anniversary of the birth of Astronomy (1609) celebrating Galileo’s first observation of the sky using a telescope. his month, the partnership of Sun and Moon pulls off a dramatic and unusual little stunt. Just as the Sun is about to leave Cancer and enter the zodiac sign of Leo the lion, the Moon moves alongside and blocks out his light. This is an eclipse - a total eclipse of the Sun.
T
The solar eclipse happens on 22nd July at about 3.30 am. It’s not visible from Britain but anyone in India and China has a rare opportunity to watch an event that, with the Sun’s light screened out for over 6 minutes, is estimated to be the longest total solar eclipse of the 21st century.
Sun and Moon come together once every month at the time of the New Moon - but only occasionally line up in a way that causes an eclipse. Nowadays astronomers can predict when eclipses will happen, which parts of the globe they’ll affect and exactly, to the second, how long they’ll last. Not so in ancient times! For early people, an eclipse was terrifying as the Sun, their god, disappeared in the middle of the day. Suddenly, and without warning, the source of all light and warmth vanished. Who knew whether or not it would return? Imaginative cultures viewed solar eclipses as the ultimate danger when a cosmic dragon, serpent or demon toad tried to swallow the Sun. Special magic rituals were performed with vigorous activity, colour, fire and noise to first frighten away the menace - and then rejoice once the precious Sun reappeared! In the sky nothing stays the same for long. Immediately after the solar eclipse, the Moon moves on, steadily increasing its distance from the Sun. The Moon travels much faster than the Sun - it moves through about 12 degrees every 24 hours in comparison to the Sun’s steady plod of one degree per day. This means that the Moon whirls past all 12 signs of the zodiac each month - the same journey that it takes the Sun a whole year to complete. And as for the Sun, just a few hours after the eclipse on 22nd July, it moves into Leo, reaching the haven of home territory as Leo is the sign that it rules. Leo is a fire sign, along with Aries and Sagittarius. Like the Sun, Leo people are born to shine. Spontaneous, generous and warmhearted, they radiate vitality in a way that often makes them natural performers. But just as many actors are actually rather insecure and need audience approval to convince them of their own worth, so Leo’s flamboyant and confident personality may be masking vulnerability. The sign of Leo is courageous and brave, steadfast and loyal. Leo’s ambition is fiery and legendary. And why not? For with the Sun as its natural ruler, the lion as its zodiac symbol and gold for its colour and metal, this sign is naturally associated with all that is richest and most noble in life. Above all, these people engage with the world in a spirit of creativity and fun that can transform life into an exciting adventure as they reach for the stars!
Most years there’s at least one eclipse season with either partial or total eclipses of the Sun and Moon. A total solar eclipse is rare - and it’s visible only from part of the Earth’s surface. The Moon is really much smaller than the Sun but, because it’s so much closer to the Earth, they can look the same size in the sky. The science of eclipses describes how, as the Moon circles the earth and the earth circles the Sun, there are times when the Moon gets in the way and blocks our view of the Sun. As anyone who saw the eclipse of August 1999 may remember, an eclipse is an awesome
This month the International Year of Astronomy brings into the spotlight a littleknown English astronomer - Thomas Harriot. This scholarly man lived in the grounds of Syon House in west London and played an important part in the scientific revolution of the 17th century. On 26th July 1609, Harriot observed and sketched the Moon through his telescope - several months before Galileo’s celebrated achievement. History has doled out to Galileo the lion’s share of attention but maybe this year’s celebration of Harriot’s ground-breaking observations can break the spell that meant his reputation has been almost totally eclipsed by that of Galileo.
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Health
Insidetime July 2009 www.insidetime.org
Inside Health... with Dr Jonathon and Dr Shabana Providing this valuable service are Dr Jonathon Tomlinson and Dr Shabana Rauf, both GPs practising in East London. Dr Rauf is particularly interested in women’s health. If you have a question relating to your own health, write a brief letter (maximum one side A4 paper) to Inside Time (Health) Inside Time, Botley Mills, Botley, Southampton, Hampshire SO30 2GB. Everyone will receive a reply, however only a selection will be published each month and no names will be disclosed.
Q I have a problem going to the toilet in front of anyone. This proves difficult when I have to provide a sample for drug tests and when I know I have to I get all uptight about it. Is there anything I can do to overcome this problem? A Almost everyone suffers from shyness or anxiety in certain circumstances such as flying, speaking in front of strangers, before exams or before sex. Extreme anxiety can ruin someone’s life, causing constant panic attacks or stopping them from ever leaving a familiar area such as their home or bedroom. Different types of anxiety include claustrophobia (fear of enclosed spaces), agoraphobia (fear of open spaces), odontophobia (fear of dentists) and arachnophobia (fear of spiders). Many anxieties originate in childhood and carry on, others start after a traumatic event, such as post-traumatic stress disorder. Sadly, sufferers often resort to alcohol or drugs such as benzodiazepines (valium) in an attempt to self-medicate, and this can lead to addiction and make the problem worse. The good news is that there are a range of effective treatments that will help most people with anxiety. The most effective treatments are usually psychological. These can range from self-help programmes guided by a counsellor or GP self-help groups, Cognitive Behavioural Therapy and other types of psychotherapy. Medication can be helpful, but is best if used alongside psychological therapy. The organisation Anxiety UK has information sheets about all types of anxiety including fear of urinating in front of other people, available for £2 from their website: www.anxietyuk.org.uk
Q I am 24 and for the past two years have been suffering with aching in all my joints and sometimes when I move my joints crack. The aching is not too bad and is relieved when I ‘crack’ them. I am wondering if this has been caused by weightlifting. Is the cracking just air pockets or will I suffer in later life with arthritis? Finally, is there anything I can do to stop the cracking?
A Clicking, popping, cracking joints are very common. If there is no pain or very little pain then it may be caused by negative pressure resulting in gas bubbles forming and then collapsing within the synovial fluid that lubricates the joint, as you have suggested. It can also be caused by tendons or ligaments flicking over bony prominences. There is no evidence that deliberately cracking joints leads to any long-term arthritis, though it has been suggested that cracking you knuckles might lead to weakness in your hands due to overstretching the ligaments. I’m not aware of any evidence proving this. The cracking of your joints is probably not related to your previous weightlifting, though personally I am aware that my right elbow cracks a lot and I attribute that to throwing a lot of javelins in my youth! Cracking joints associated with pain, stiffness and swelling or locking of the joints can be a sign of more serious problems such as osteoarthritis in which there is damage to the joint surfaces. In these cases you should see a doctor for further advice,
Q I have been an alcoholic for about twenty years and I have recently been diagnosed by the psychiatrist as suffering with split personality disorder. The doctor didn’t know me or anything about me and after just an hour and a half in a question and answer session he made this diagnosis. If he has branded me a psychopath, why hasn’t he prescribed any medication? A From reading your letter I understand that the Psychiatrist diagnosed you with a Psychopathic Personality disorder although you are not sure how he was able to come to this diagnosis having only known you for such a short time. You are also wondering why he did not give you any medication for this. In your letter you also mention that you are an ‘Alcoholic’. It may help if I explain how psychiatrists diagnose people with Personality disorder and tell you more about a Psychopathic Personality Disorder and ways that this is managed. There are no tests or scans that can be done to diagnose a personality disorder; the diagnosis
is based on a person’s life history and behaviour. It may also take into account the persons medical, psychiatric and forensic records. An experienced doctor would have been able to make the diagnosis of personality disorder in the hour and a half they spent with you, especially if your history was typical or if they had additional information. Doctors tend not to use the phrase, ‘split personality’. A Psychopathic personality is sometimes also known as ‘Antisocial Personality disorder’. People with this tend to act impulsively and recklessly without considering the consequences for themselves or for other people. They find it hard to learn from past experiences and they get bored quickly and have difficulty holding down a job or staying in a long term relationship. They often end up with criminal records and are more likely to be heavy drinkers or use drugs. Friends or family may describe them as selfish or hard. The most important ways doctors can help with this condition is by referring you for psychological treatment. This involves talking to someone about your thoughts, feelings and behaviour. Sometimes medication can be offered. What is also important is to speak to a doctor about your problem with alcohol as this can make you more impulsive and more likely to take risks. Things that you can do to help yourself would be to sleep well, exercise regularly and maybe take up a hobby. There are also some books published by an organisation known as MIND; How to restrain your violent impulses (Mind 2006) or Understanding dissociative disorders (Mind 2003). They may also be useful for you or your family to read.
Q For approx three years I have had continuous stomach problems. Symptoms are bloating, trapped wind and pain in the stomach and chest area together with a vile taste in my mouth. After trying various medications I was given an endoscopy and diagnosed with H pylori. I was given two types of medication and it cleared up. I was advised to carry on taking the Lansoprazole which I have but still suffer with indigestion. Recently the pains have returned and the trapped wind, flatulence and acid reflux. Although going back on all the medication it is not clearing up, a stool sample tested negative for H pylori. Could it be Zollinger Ellison Syndrome and if so what treatment would be effective? A Thank you for your letter about the bloating,
fered for the last 3 years. A year ago you had an endoscopy and were told you had Helicobacter Pylori (a very common stomach infection) and had treatment for this. Despite the treatment it sounds like your symptoms have continued and your current treatment isn’t helping. You also mentioned that a recent stool sample test for Helicobacter Pylori was negative. With these symptoms it may be possible that you may have developed an ulcer either in the stomach or in the first part of your intestines called the duodenum. The best way to look for this is by having another endoscopy so it may be worthwhile seeing the doctor again regarding this. Stopping smoking is probably the best thing you have done to stop it getting any worse. This will certainly prevent any further damage to the stomach. Other ways to prevent further damage are to keep your weight down, have small regular meals although not too late at night (last meal should be at least 2 hours before bed) and exercise regularly. If you are on any other medication then do check with your doctor that these aren’t making your symptoms worse. Putting your bed on a slope with the head raised has been shown to be very effective for acid reflux. In your letter you mentioned whether this may be Zollinger Ellison syndrome. This is an uncommon condition where the body produces too much stomach acid. A person with this condition may experience stomach pain, vomiting blood, diarrhoea or black stools. I think it is unlikely that you have this condition but a further endoscopy may help rule this out. Medication is usually very effective in treating gastritis (inflammation of the stomach lining) and stomach ulcers. You are very unfortunate that it hasn’t helped you. Recent research has shown that a significant number of people do not respond to acid suppressing drugs like the lansoprazole and rabeprazole that you have tried. For those people, older medications such as ranitidine and cimetidine either alone or in combination with other medications can solve the problem.
>> Please note our new address for all PRISONER correspondence: Inside Time, Botley Mills, Botley, Southampton, Hampshire SO30 2GB.
flatulence and acid in the stomach you’ve suf-
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Health
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What is high blood pressure? ....................................................... Blood circulates around the body because it is pumped out into the arteries by the action of the heart, which alternately contracts and relaxes. This action, combined with the elasticity of the blood vessel walls, creates the pressure which moves the blood around. This is known as blood pressure. High blood pressure (hypertension) occurs when the pressure becomes higher than is normal for someone in any one age group. Blood pressure tends to increase with age.
Natural remedies ...................................................
high blood pressure
Acupuncture has been found to be a useful method of reducing high blood pressure. However, never stop your drug treatment without consulting your doctor first. Why acupuncture works is still uncertain, although it is believed that it could be a combination of adjusting the overall functioning of the body, combined with its ability to promote relaxation. Acupuncturists will combine their treatment for high blood pressure with advice on how to change your diet and lifestyle. To treat high blood pressure, areas of the body where needles are inserted include the abdomen, back, lower trunk, feet and head.
Symptoms ................................ Frequent headaches Fuzzy head Most people with high blood pressure have no symptoms at all
What causes high blood pressure? ....................................................... In most cases of high blood pressure, the cause is unknown. This is called essential hypertension. High blood pressure may also be caused by kidney disease, including narrowing of the artery to the kidney, some blood vessel diseases and some rare diseases of the endocrine (hormone) system. There is a theory that too much salt in the diet can contribute to high blood pressure, as can stress. A tendency to develop high blood pressure often runs in a family.
What can I do to avoid high blood pressure? ....................................................... You may reduce your risk of high blood pressure by not becoming overweight, and not sprinkling too much salt on your food. Eating a diet low in fat and high in fibre will slow down the deposition of fat on the artery walls. You should take regular aerobic exercise, such as walking, swimming or cycling, to improve heart and lung function. Women taking the contraceptive pill who are found to have high blood pressure should choose alternative means of birth control.
How is high blood pressure diagnosed and treated? ....................................................... Most people do not have any symptoms. Anyone over the age of 50 should have their BP checked at least once a year and anyone with a family of high blood pressure, heart disease or strokes should have it checked over the age of 30, particularly people with an African or Afro-carribean background. Most people can alter their lifestyles to reduce their blood pressure. When drugs are used, most people need a combination of 2 or more different drugs. Only rarely is one medication sufficient. Treatment is usually for life, though if you are able to stop smoking, lose weight and improve your fitness you may be able to reduce your blood pressure sufficiently to stop medication. Blood pressure is usually tested with a device called a sphygmomanometer.
When should I see my doctor? ....................................................... Because high blood pressure often causes no symptoms, you should have your blood pressure checked every five years, even if you feel fine. This is particularly important if you have a family history of the problem. You should see your doctor if you start to have frequent headaches or a feeling of heavy headedness, as these symptoms may indicate that your blood pressure is too high.
If your blood pressure is high you will be offered a urine test and blood tests to check your kidneys and blood tests for cholesterol and blood sugar. If it is very high, you may be offered scans of your kidneys and heart as well. The good news is that high blood pressure can be very effectively treated and as a result, your risk of a future stroke, heart attack or kidney failure can be significantly reduced.
What will the doctor do? .......................................................
What can I do myself? .......................................................
Unless your blood pressure is severely high on the first reading, it should be measured on 3 seperate occasions to make sure it really is consistently high, and not just due to pressure on the day. A lot of routine blood pressure measuring is done by nurses.
Have your blood pressure checked every few years. If you have high blood pressure, follow your doctor's instructions about taking your medication. If you smoke, stop, since smoking and high blood pressure act together to damage your arteries.
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High blood pressure is dangerous if it is left untreated. Over a period of time it causes damage to the arteries, especially in the heart, brain and kidneys. This puts you at greater risk of suffering a heart attack, stroke, or kidney damage. Occasionally, blood pressure can be so high that it is life-threatening in itself, although this is quite rare.
Warning ................................................... If you have high blood pressure, never stop taking your medication without first discussing it with your doctor.
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Comment
hat monstrous ideas were printed, what wickedness was included, that was so bad in the June issue of Inside Time that the Prison Service ordered that it be withdrawn? Was it instructions for a riot? Or perhaps a decent recipe for making a bomb out of mashed potato and rizlas? Nope. It was a satirical, humorous piece by Andy Thackwray which suggested that swine-flu was an Al Qaeda conspiracy. For his efforts in taking the piss out of a terrorist (something we should all do more often) Andy found himself nicked and faces being shipped out, whilst Inside Time found itself saddled with a huge bill for a reprint without the ‘offending’ piece.
respond. Those of us who have been around since before 1990 (Inside Time was launched at the end of 1990) realise how revolutionary that is, and how this must be defended.
W
What was the problem here? Is it being claimed that taking the piss out of a group that propagates mass murder is somehow too much for Muslims to stomach? Is it that merely mentioning the word ‘pork’ on the same page as the word ‘Muslim’ is a declaration of war? Or is it that we are so afraid of saying anything in relation to Islam that even a joke is too much? The reason for banning this piece and harassing its writer must be one of the above – and in my view all of these reasons are pathetic. Is Bin Laden a Muslim? Is Al Qaeda a Muslim collective? Because all the people who write in to Inside Time insist that Islam is a peaceful religion; so I hope that Al Qaeda have put themselves outside of the Umma by being murderous butchers. In which case why should anyone care that Andy took the piss out of them? I hope that line of reasoning is right, because the alternative is depressing that Al Qaeda are Muslims, and so taking the piss offends other Muslims. Someone please tell me that isn't the case. The Muslim aversion to pork is well known and based in scripture. It is just the same with Jews and pork - steer clear of piggies and don't eat them, they are unclean. Fair enough. I can't say I agree with that, but as I don't make a living as a pig farmer then I don't care if people eat pork or not. What I fail to understand though is that some people take this to the extreme of finding anything pork related as ‘offensive’ - pictures, words, anything pink with four legs is beyond the pale. This is plain silly, and neither the Koran nor the Hadith say any such thing. Think of pigs as being like dog-poo. I won't eat it, don't like to smell it, but if someone wants to put up a picture of a dog turd then I raise my eyebrows and move along. All that is required of Muslims is that they don't handle or eat pork, not that the very word should be obliterated from the language. So I assume that having a pig-based joke wasn't the problem with Andy's piece?
JB WHEATLEY CRIMINAL DEFENCE
jbw
I want to be able to write whatever takes my fancy. If I have the urge to disagree with aspects of Islamic theology, culture or law, then I want to be able to say so. And I want those who disagree with my views to write and argue with me. However, most of all I want Inside Time to keep having the stones to print challenging material, and for the Prison Service to accept that censoring what they deem to be offensive is childish and dangerous. Ben Gunn is currently resident at HMP Shepton Mallet
Inside Time CENSORED The June issue of Inside Time was withdrawn from prisons. Lifer Ben Gunn is angered that many people are so insecure in their beliefs that they run and hide from words and ideas they disagree with No faith, no group, no set of ideas and no political system should ever be immune from questioning, challenge or even criticism. There is an idea abroad that saying anything that upsets Muslims should be banned. This has grown up from the spectacular reaction from some Muslims to material they find offensive. Beginning with Salman Rushdie and continuing through to Dutch film-makers, the response to challenges to Islam has been death and the threat of death. This is utterly repellent and wholly unacceptable. There is no compromise on this. We live in a liberal democracy, one of whose hallmarks being freedom of speech. There is no right to not being offended; live with it. I have written before how important it is that we offend each other with our views, how social and individual progress rests upon the clash of ideas and views. As Muslims have a right to their views, I have a right to mine; even the most weird and objectionable freak has that
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right. And we all have the right to argue and disagree with views we don't share - all well and good. But we have reached a situation where - true or not - it is believed that anything that upsets Muslims might be responded to not with words, not with debate, but with disorder and violence. I invite any Muslims reading this to share their views on this situation, because it is depressing and frustrating. It demeans Islam and it demises Muslims. I'm sure that no follower of Mohammad wants to be thought of as some Neanderthal whose only response to a disagreement is violence. And yet the situation exists; there is this belief that Islam must never be offended in any way. And so a man who writes a joke about a terrorist gets nicked. Where do we go from here? Inside Time is a grown-up newspaper, where people of divergent views state their piece and those that disagree have an opportunity to
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Comment
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Lifers and the open estate Craig Topping challenges the prison system’s attitude towards lifers progressing to open conditions I wonder what would happen to the open estate if the Parole Board periodically went mad and re-categorized all the lifers it assessed down to Category D? Wouldn't this play havoc with all those neat little figures the prison service use as a base for its allocation of open estate spaces? It would undoubtedly have the media pulling their hair out in horror at how unsafe the streets would suddenly become, despite the fact that most lifers in open conditions would be within a few years of release anyway; having presumably suitably reduced their risk.
s a mandatory lifer who, in 2010, will become subject to my first Category ‘D’ (open conditions) Parole Board, and all that will entail, I have begun to look into just what the open estate has to offer lifers. Despite the dirge of material available, I have done some research and can only say how shocked I am at the poor availability of lifer services and spaces.
A
For a start (remember, this is adult males only), there are three semi-open (resettlement) prisons providing a total of 552 spaces, and a further 11 open prisons providing a total of 4,302 spaces. According to an HMPS report I read recently, only 10-20% of these spaces are allocated to lifers (excluding IPP) at any one time, meaning that out of a total of 4,854 open estate spaces, a total of 485-971 are being made available to lifers during any one year. This means the prison service is only prepared to allocate enough lifers spaces in the open estate to just about fill one large prison. Further, after studying the number of lifer spaces currently allocated by each Category D prison, as stated in their own literature, I would say the number of lifers actually in the open estate is well below the 20% and is in fact closer to the 10% mark. Ford prefers to accept no lifers at all; Blantyre House holds only 25 lifers. Hollesley Bay, Leyhill and Prescoed open prisons each hold only 40, which would seem to be the magic figure for the number of lifers that an open estate prison is prepared to hold. As of October 2008, there were 7,048 lifers,
“
mostly held in the Category B estate, and a further 4,725 IPPs, currently either stuck in local prisons or free-falling into the Category C estate, who were being held within the system. Between April-October 2008, 104 lifers were released from prison, however 59 were recalled. So in real terms, the prison system lost only 45 lifers over a six month period. Because, on average, 800 lifers are created a year and an average 90 are released, this means that in any one year the lifer numbers will increase by over 700. Even if open prisons made all of their supposedly allocated spaces available to lifers, it is absolutely certain these would not be filled, because the Parole Board simply does not want to re-categorize that many lifers to D status.
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Wasn't the open estate initially intended to be a place for those who, like me, had already served many years within the system and who could expect to spend at least a further three years in open conditions following their first or second Parole Board? Was it not designed to be an estate where those who had proved themselves to be trustworthy at higher levels of security could once again familiarise themselves with the freedoms which they could expect in the outside world? Those held in the open estate are given more trust and respect, and in return are allowed to leave the prison daily in order to work for a real company; having the responsibilities and expectations commensurate to such a position. This gives real prospects for future employment and, hopefully, a life devoid of crime.
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... the open estate was initially meant for those who had served a long period of time within the prison system. What is the exact purpose of sending a determinate with only a few weeks/months left to serve to an open prison anyway?
”
A sudden relaxation of the re-categorization rules for lifers is highly unlikely, simply because of the fact that in this country a) a minimum term regularly appears to be of inadequate length to the Parole Board, who act as a second sentencing committee to the one which fixed our minimum terms within the court, and b) due to the lack of offending behaviour courses available to lifers (thanks in no small part to the influx of IPP) in the closed estate, they have little to no chance of reducing risk before their first Parole Board anyway; there are simply no spaces for a sudden influx of lifers into the open estate. With this in mind, I have a few humble suggestions which Ministry of Justice officials might like to consider:
Buy and convert some already existing buildings (disused hospitals, hotels, hostels etc.) into Category D prisons (including the far North); Only consider those indeterminates (lifers & IPP) sentenced to/who have served more than four years for the open estate; Only consider determinates sentenced to more than 4 years (two years+ of actual prison time) for allocation to the open estate, and only for the last six months of their sentence. By doing this, the open estate will be able to free more spaces up for lifers, who have a need to re-familiarise themselves with the lowered security, extra freedoms and outside world that they would encounter through day release. After all, the open estate was initially meant for those who had served a long period of time within the prison system. What is the exact purpose of sending a determinate with only a few weeks/months left to serve to an open prison anyway? The repopulating of the open estate by lifers is long overdue … and needs to happen soon.
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Craig Topping is currently resident at HMP Featherstone
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Comment
PSO
watch In his monthly feature exclusively for Inside Time, former prisoner John Hirst simplifies Prison Service Orders. John spent a total of 25 years in prison (his tariff was 15 years - discretionary life sentence for manslaughter) and is the author of the Jailhouse Lawyer’s blog. Prior to release in May 2004, he proved to be the most prolific prisoner litigant of modern times and, he says, unlike Perry Mason and Rumpole of the Bailey, he never lost a case against the Prison Service
PSO 4745 Multi-Agency Public Protection Arrangements (MAPPA)
Act, but local information sharing partnerships with police and probation services have been developed. The Criminal Justice Act 2003 puts the involvement of the Prison Service in MAPPA on a statutory footing by including it in the ‘Responsible Authority.
The biggest problem I have with the policy of protecting the public is that I believe this area is already taken into account when an offender is sentenced by the court. Therefore what we have here is public protection on top of public protection. This only leads to confusion, as may be exampled by the Sonnex case where two French students were murdered. This led to David Scott, the former London Probation Chief Officer who was appointed in the wake of the Monckton case, having to resign. David Scott and David Ramsbotham, formerly Her Majesty’s Chief Inspector of Prisons (HMCIP), both called upon the Minister of Justice, Jack Straw, and the Director General of the National Offender Management Service (NOMS), Phil Wheatley, to resign because it was felt that they too should share the responsibility for what went wrong. Jack Straw in his statement to the House of Commons stated: “In relation to the failings of the probation service, I take full responsibility as Secretary of State”. However, he added: “The direct responsibility for these killings must lie – as the jury found – with the criminals Sonnex and Farmer”.
Those offenders sentenced to 12 months or more for sexual or violent offences are subject to MAPPA scrutiny. In each of the 42 Areas there are Strategic Management Boards, Multi-Agency Public Protection Panels (MAPPPs), and Duty to co-operate (DTC) bodies such as Health Authorities, registered social landlords, employment services and youth justice teams etc.
The Criminal Justice and Court Services Act 2000 required the police and probation services (acting jointly as the ‘Responsible Authority’ in each of the 42 Areas of England and Wales) to establish Multi-Agency Public Protection Arrangements (MAPPA) to manage the risks posed by sexual, violent and other dangerous offenders in the community. The involvement of the Prison Service in MAPPA was not made explicit in the 2000
PRISON LAW AND CRIMINAL DEFENCE
Prisoners cannot be blamed if they think this all has the appearance of Gypsy Rose Lee gazing into her crystal ball and trying to predict the future. There does appear to be an extension of incapacitation theory about it all. As Professor Andrew Rutherford observes “The advocates of incapacitation, selective or general, attempt to dodge the predicament, posed by Lewis Carroll’s White Queen, of punishing people for crimes they have not yet committed”.
This is not an update to the actual PSO; rather it is an ‘update’ on the issue of prisoners’ voting rights since I last covered the subject. Under EU legislation, any citizen living in a Member State can petition the EU Parliament via the Committee on Petitions. The Association of Prisoners submitted a petition claiming that UK legislation banning UK citizens from voting in the European Election is incompatible with EU legislation, and that the UK legislation must come into line with the rest of Europe. (A second element of the petition claimed that the life licence scheme contravened EU legislation and must be abolished). The Committee on Petitions ruled that the petition is admissible, and I will be going to Strasbourg to address the EU Parliament. The Committee of Ministers, which supervises the execution of ECtHR decisions, sat on the 5th of June 2009 and Hirst v UK (No2), the Prisoners’ Votes Case, was on the agenda. If ‘a week in politics is a long time’ (Harold Wilson) then 5 years delay in implementing the Court decision is an eternity. The Committee of Ministers castigated the UK government for its delaying tactics. Whereas the government stated that it had no plans to introduce legislation until after the next General Election, the Committee of Ministers disabused them of this notion and stated that positive measures must take place before December … or else! This is the interim resolution stage. If the UK still fails to comply, then the case goes back to the ECtHR for a final resolution. What this means is that the UK will be kicked out of the EU if it does not toe the line. The lawbreakers have laid down the law for the government. I doubt that the UK is prepared to leave the EU over this issue. Whatever you do with your vote, just don’t vote for the BNP!
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It would appear that PSO 4745 is meant to detect the ‘critical few’, like those offenders in the Monckton and Sonnex cases, and deter them before their crimes become front page headlines in the tabloids and cause the government political embarrassment. OASys and LIDS are meant to detect and monitor those who are thought likely to commit future serious offences unless they are subjected to careful sentence planning, including undertaking offending behaviour courses. This will mean that the Parole Board is less likely to release those prisoners so stigmatised by this whole process, and if release is directed in particular cases it is likely that this will only be the case if more stringent licence conditions are imposed upon the offender.
PSO 4650 Prisoners’ Voting Rights (Update)
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Comment
Insidetime July 2009 www.insidetime.org
The first episode
revolved around a drug user and a troubled young offender. There are of course many people not only in Holloway but other establishments suffering from a drug addiction. The woman explained that she needed time in prison to enable her to detox. Holloway took such a long time to even start the process that she would never have completed it, leading to re-offending; probably for the same crime to feed her habit which she had no help with kicking. What prison establishments do offer is a rehabilitation programme to go to directly upon release, but very few get to benefit from this opportunity as rehab costs money and with the vast number of drug users that arrive frequently into prison they just can't gather the necessary funding. Also in the first episode they showed us a young offender with some kind of emotional disorder which leaves her for the majority of the time in segregation due to poor behaviour. About 20% of female prisoners in closed custody suffer from mental illness and with mental health institutions closing down there is nowhere for patients to be treated and looked after, so they are kept in prisons all over the country. ITV failed to show that segregation holds quite a number of prisoners with mental health issues as they have nowhere else to go. It seems the wrong emphasis to highlight such a lady and ignore the remaining 80%.
The second episode
seemed based around an ordinary middle-class woman who had never been to prison before. I happened to arrive at Holloway the same time as this lady and can relate to her feelings. Holloway is portrayed as daunting. Inmates I have spoken to at other establishments have told me some chilling stories of the place which, as you can
l a e R e h T
something these young inmates were good at. But again the prison just doesn't have the funds. One thing Holloway does have is a music room with a great music teacher and a few instruments, which some of the girls attend to practise their skills. Why didn't they show this?
Leo Gilbert reviews the three part documentary series on Holloway Prison shown recently on ITV and asks why do the public only ever get to see the negative side of prison life? few of the girls shown on the series. I've come to realise that in a strange way it can be quite a lot of fun on the Y0 landing and the reason for this is the girls are aged 18-21 and get to share dorms with their friends if their risk assessment is low. So what with washing facilities, three hot meals a day and association time with friends, they appear to enjoy their stay at what they refer to as ‘Hotel Holloway’. The young offenders landing at Holloway has got to be one of the liveliest I've been on and there is not a day goes by when some kind of drama is taking place. Again, the documentary only showed the public a few of the disruptive inmates and not those studying for their GCSEs. A lot of Y0s on those two landings had incredible musical talent, which they could have shown and not just at the church seasonal period but real talent which surely could have been channelled positively to
imagine, frightened the living daylights out of me. But from my experience, you have to go there and make your own judgment. I do not disagree on how they portrayed this lady and how she felt and dealt with her time there. One thing I do give ITV credit for is for showing the public about transfers to other prisons. After the lady had finally managed to settle herself and come to terms with prison life, and made a few friends, the prison system completely uprooted her and shipped her out to Peterborough, with little by way of notice. I happened to be on that same ship-out to Peterborough and wasn't over the moon about it. To be taken somewhere miles away from your family, which in some cases can be one's only support, can be a lot to deal with.
The third episode
was based on only one of the two young offenders' wings. I was once on that same Y0 landing and know a
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After a few people from different walks of life were shown, the series ended. Yet Holloway holds approximately 450 prisoners! They also have a Lifer's wing! Did they not show the Lifer’s wing due to the Halloween party article in the Sun newspaper a few months previously? Who knows? What I do know is there is a lot more to Holloway than what we were shown, good things and not all bad! Holloway is not filled with only mental health patients; Asbo's and drug users. It is also filled with ordinary women who made a mistake in life and are paying for it. The public only got to see the negative side to prison life; a mere handful of prisoners with issues. They did not show the public that many women in Holloway use their time constructively by gaining qualifications in all kinds of subjects, which vary from numeracy and literacy GCSEs right on to Degrees and starting their own businesses. There is a danger in tarring all female prisoners with the same brush. Some will continue to re-offend, whilst others will rehabilitate themselves and progress onto better things. Leo Gilbert is currently resident at HMP East Sutton Park
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Comment position and as a Guardian journalist reported in May 2008 when writing a piece - ‘A newspaper, not a screws’ paper’, I was I’m in for 15, quoted as saying that, ‘Inside Time you’d better take encourages its the bed nearest the readers to know and use the rules door since you’re rather than to break out first them. We are not on the roof are we, would prison staff prefer that?’
I’m in for 10 years
Solidarity Lifer Charles Hanson reflects on the sad passing of prisoner solidarity and how the public thrive on sensational reporting ollowing a claim I launched against the Prison Service in November 2008 in relation to the charges I paid for haircutting whilst on day release in the community (eventually settled in March 2009) the national press have had a field day reporting, as late as May, this outdated event as though it was actually worthy of public interest.
F
However to make such news even more ‘meatier’ and sensational, the media went to town finding things to add to the story; piling on inaccuracy after distortion to bolster this piece of so-called ‘news’ which should have, in any sense of the word, been unworthy of any interest and perhaps been summed up as another whinging prisoner jumping on the compensation culture bandwagon and, ‘oh what a liberty, whatever next, throw away the key on these terrible criminals’.
On principle alone, most prisoners would agree that injustice, unfairness, unreasoning and what might be called the system taking a liberty should be challenged. As has been the case over many years, it has been the result of prisoner litigation which has brought about change for all, whilst extreme measures such as disturbances usually attract adverse consequences both for the perpetrators and the prisoner population in general. The resort to litigation and Court proceedings ought to be the last resort but quite often it is the only avenue left after all has been tried and tested, for everyone has an unfettered right both to legal advice and access to the Courts - and that includes prisoners. Having been a contributor to Inside Time for some ten years now, I maintain that same
Whilst Inside Time does encourage debate and exists to serve prisoners and those interested in the criminal justice system, the same cannot be said of the general media which would see all offenders hung, drawn and quartered, and feeds the public a sense of moral panic and outrage that we are all deserving of more punitive measures; that hard labour should be brought back, hanging restored, drug dealers and child sex offenders be given the death penalty for destroying young people and community lives and all the other sensational reporting often calling for extreme punishments; whilst lesser punitive measures are popular, for example, the withdrawing of privileges and facilities, TV sets and so forth which command a favourable position with Joe Public and that a sentence of imprisonment should be served in full, which might yet happen if the Conservative Party win the next general election. It therefore beggars belief when I hear offenders suggest that by writing to the Sun or the News of the World or suchlike (the staple diet of many prisoners) providing information they believe might give weight to some prisoner’s grievance, that they will find a ready ear or sympathy. No they won’t! Indeed, they are more likely to be ridiculed and shamed than taken seriously. The media is not on our side and should be avoided at all costs unless one is foolhardy enough to believe otherwise. There is, however, a small minority of prisoners who will take on board hook, line and sinker all that is written in the press with the underlying rationale that if it’s been published it must be true (unless it’s about them). And it’s not only prisoners who fall into this trap but many members of the public who haven’t considered anything beyond the sensational headline where fiction becomes fact and innuendo actual truth.
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Prisoner solidarity was always a ‘them and us’, with ‘them’ being prison staff and ‘us’ being the prisoners; where lines were firmly established and drawn so that we understood each other. Life is a lot easier that way. Within those boundaries, one could tread relatively safely without fear or disturbance, anxiety or the intrusion on the peaceful oblivion that comes from simply following routine. It’s not only prisoners who want to know exactly where they stand. Anyone who delegates authority and pushes responsibility onto others must assume responsibility for the way in which such authority is discharged, especially if they are themselves unwilling to take it in the first place. When I first experienced prison some 47 years ago as a Borstal Boy, they were very different places than those of today and no quarter was given. We all knew where we stood and anyone who was game enough to challenge some injustice or unfairness was likely to be severely dealt with - although they could always count on the support, loyalty and staunchness of other prisoners. Over the years, such challenges have resulted in changes which today’s prisoners reap the benefits of to the point that one time ‘privileges’ now become ‘expectations’. How times have changed, and whilst they have changed, principles don’t … neither should they, and they are my principles which have been shaped by the prison experience over many years and not by a one-off interruption to one’s lifestyle or by the influence of those many younger prisoners who have never experienced the reality of the more austere prison regimes or real prison life, to which the general media would like us all returned. Inside Time is delighted to announce that Charles Hanson is now (ex) Blantyre House having been sucessful in his Parole application
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Comment
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Interrupted education...interrupted life Dr Anita Wilson is concerned at how the criminal justice system interrupts the lives and educational progress of young offenders people were trying to keep their impending imprisonment secret).
ver the years, my conversations with young offenders have included how to keep your pad smelling nice, getting upset if you saw your home town on TV, and feeling travel sick in ‘the van’ while being ‘ghosted’. As a prison ethnographer, these ‘everyday tales of prison life’ have always interested me as I seek to better understand how people in prison get through their time.
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But embedded within these conversations was another theme. Young men told me about their lengthy wait between arrest and sentence, with explanatory comments such as ‘did my head in, Miss - felt like I couldn’t get on and do anything’. Equally, despite media hype about prisoners’ educational levels and government policy’s obsession with basic skills, they told me of their academic achievements, such as ‘before jail I was in my second year of an apprenticeship’, 'running my own business’, and ‘got remanded just as I was starting University’. It seemed that the criminal justice system itself was significantly disruptive. Their comments acted as a catalyst for this current project, which began as ‘Interrupted Education’ but soon changed when young offenders made it plain that the criminal justice system interrupts their lives overall. This project runs for one year, in one YOI, with young men aged between 18 -21. Most are serving short sentences. It has to be said that the prison has been nothing less than exceptionally helpful in allowing me to do the research. Information about 450 young men has been collected by a very short questionnaire, undertaken during one to one sessions with IAG staff. It asks what the young person was doing before prison; how many times they had to attend Magistrates court, Crown court, report to the Police and Probation; how long between arrest and sentencing; and plans after release. There is also space to add personal comments (and many have!). I have also had long conversations with around 40 individual
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During imprisonment, as many readers of Inside Time will already know, prison education, employment and family networks can be interrupted by prison churn, lack of consistency of programmes, training, education and employment within the system; while moving to a different prison takes prisoners further away from supportive networks.
prisoners in the same jail about their personal experiences of the system.
‘before jail I was in my sec“ ond year of an apprenticeship’, ‘running my own business’, and ‘got remanded just as I was starting University’. It seemed that the criminal justice system itself was significantly disruptive.
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When the project began, there was some concern that there would be few first-timers. In effect, almost half (219) were serving a first custodial. There was also concern that there would be no-one who was at college or in work. Again, it turns out that around 12% of first-timers were in some kind of educational programme and around 36% in paid employment.
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This means that the criminal justice system had the potential to not only divert over 200 people away from having a prison record, but also chose to disrupt their educational progress and employment status pre-custody. These young people were well aware of the impact of imprisonment on their future prospects. Many said they were ‘not sure’ what they would do after release. Equally, public perception of repeat offenders as lazy, unmotivated ne’er-do’ wells was not borne out. Of the repeat offenders 24% were in paid employment, while 7% were in education. However, most importantly, the key message was that prison interrupts not only education but employment, and perhaps most significantly, family and social networks. Prior to imprisonment, delays in court proceedings due to ‘no PSR paperwork’, unexplained adjournments, extensive time between arrest and sentence, and frequent reporting to police or probation meant that young people were unable to concentrate on coursework, prepare for exams, or continue to work. These interruptions often had a detrimental effect on family relationships (especially if young
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Even beyond the prison gate, the system continues to impact. Apart from the obvious disadvantage of a prison record for future employability, young men in this study were frustrated that they would have to wait for a new academic year before they could begin or recommence study. I heard ‘What do you mean, I’ll have to wait until September’ on a regular basis. In the intervening time, enthusiasm could wane and other priorities kick in. Equally, prisoners were concerned about rebuilding family relationships and the fact that they would have to get to know their children ‘all over again’. It would be unrealistic to say that coming to prison is all bad. For some people, jail can offer an opportunity to find new talents, or catch up on missed educational opportunities. Equally, imprisonment appears to be the only option for some crimes. But for young offenders - some of whom have never been in trouble before - to be sent down for relatively minor offences, while attending college, in paid employment, and with stable backgrounds, the interruptions imposed by the system seem not only to be a waste of money but a waste of life. As one young prisoner put it, ‘university prospects have gone, future job unable to do … don’t know where to go from here’.
Dr Anita Wilson is a Prison Ethnographer and can be contacted at Lancaster Literacy Research Centre, County Main, Lancaster University, Lancaster LA1 4YT or at www.interrupted-education.com
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Comment
Andy Thackwray
Listener training rom reading the many letters sent in by Listeners from prisons across the country in response to my article: Now 'Listen' to This; the subject of Listener training frequently cropped up. It became apparent that Listener training occasionally differs from one prison to the next. For example, bereavement training is offered in some prisons whereas in others it is not. Would a more nationally unified training package benefit the Listener scheme? Surely having Listeners singing off the same song sheet benefits both Listener and client alike should a Listener be transferred to another prison.
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For Andy to mention counselling in the “ context of Listening is not fair and I'm not nit-picking ” Listener - HMP Acklington Another part of my article which rattled a few boxes and caused a certain amount of upset for some Listeners was that I dared associate Listening with counselling. The Samaritan's way of offering help out there in the community is predominately distributed over the telephone. This telephone model is tried and tested and has, no doubt, saved countless lives. Our service is mostly delivered on the “ telephone but we do sometimes see callers face to face in the branch and more and more we are supporting people by e-mail and letter…
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Samaritans - 2009 The Samaritan's inform us that their telephone model has had to be adapted in order for it to be used effectively within a prison environment, i.e. at a one-on-one/face-to-face setting which the prison Listeners employ to help their contacts. However, to achieve this prison adaptation, knowingly or otherwise, the Samaritans have had to gently lean towards a basic counselling model and adopt some basic counselling skills to complement their existing ones. For example, visual cues like body language and mirroring skills - skills which obviously cannot be employed on the telephone. I hope that effectively clears this one up.
Are You Still Listening? Such was the mixed response to Andy Thackwray's controversial article Now ‘Listen’ to This, published in the April issue of Inside Time, that together with Andy we decided to run a three-part series covering the main areas of concern the article brought to light: Listener Confidentiality, Training and Screening; with a view to improving this much needed and valued service. We continue the series by looking at Listener training. It was with great interest that I read Mr Thackwray's com“ ments on the Listener Scheme. He raised some very interesting points, with which I wholly agree. The Listener's scheme is indeed due for an overhaul
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would it not be possible to create much needed twenty-four hour crisis intervention teams throughout the entire prison estate, with prison Listeners playing an integral part? To some, the above may sound like a grand idea, but nevertheless I would suggest a very workable idea. Even now, I can hear security screaming down the notion of ex-offenders coming back to work in prisons, but probation officers have a few skeletons in their cupboards, don't they? I rest my case - and we'll be covering Listener screening processes in more detail in the August issue. I was surprised to learn that although the Samaritans quite freely let their Listeners deal with the complex mental and psychological demands of the prison estate's most vulnerable, they will not let Listeners anywhere near Joe Public upon their immediate release. Prison Listeners, regardless of how many years of 'inside service' they've got under their belts, are not allowed to become Samaritans for at least a year after release.
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The Samaritans recognise that although some Listeners would like to continue their role after release, time is necessary for individuals to settle in their new life. Therefore one has to wait for a year before they can become a Samaritan ...
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Listener Co-ordinator - HMP Highpoint
Listener Co-ordinator - HMP Highpoint
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The Samaritans training is in depth in listening, reading body language and also bereavement; again we just listen ...
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Listener - HMP Gartree
With the above in mind, could the Samaritans not scrap their existing Prison Listening model completely and have it replaced with a nationally recognised counselling qualification, or equivalent, for all their prison Listeners (especially those serving lengthy sentences) to undertake and gain as a prerequisite before commencing with their Listening careers? If this were the case, then could they not use this basic qualification as a foundation to build upon if they wanted to take their counselling studies further? Training requires much more than at “ present provided, although don't get me wrong, the Samaritans do a tremendous job in the sessions available to them. It needs to be more intense and the question of suicide and mental health problems dealt with to a greater degree than at present ... Listener - HMP Acklington
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A nationally recognised qualification would surely be something of value to the Listener on both sides of the prison wall. If this were implemented, then could Listeners not continue
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to advance to higher levels throughout their sentence and after their release if they chose to do so? Would this not only allow them to study and learn more complex issues such as mental health along the way, but also to gain career enhancing qualifications? Could the National Health Service or education departments play a part here with regards to appropriate courses and training?
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We do not give advice on bereavement, relationships and drug and alcohol use, it really is as simple as that ... Listener - HMP Acklington
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Would it be such an outrage to have Listeners who continued with their counselling studies and gained the necessary qualifications to practice the skill competently to actually come back into prisons and be employed as fully qualified prison counsellors? Would this make the role of a prison Listener not only one of value to the prison estate but also a career choice to the Listeners themselves? Could these exoffenders not only work with and mentor up and coming Listeners, but also strengthen the beleaguered and grossly inadequate mental health teams which are predominantly padded out with Keith Rose's trainee psycho-babes? By employing appropriately qualified exoffenders back into prisons as prison counsellors,
Could this perhaps illustrate that the Samaritans haven't got much faith in their prison-adapted product and also evidence double standards? Why don't the Samaritans adopt a similar policy when recruiting Listeners once they've arrived in prison? Surely in just the same way as a prisoner has to adjust back into civilian life, a civilian has to adjust into prison life which, as any prisoner knows, is quite an adjustment to have to make.
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I hope Mr Thackwray now understands that the training provided prior to donning the colours negates the need for a specific quantity of sentence to have been completed …
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Listener Co-ordinator - HMP Highpoint So why isn’t it the case that any potential Listener should have at least a year served before being eligible for selection? Again, seemingly double standards from the Samaritan camp, which adds weight to the argument for a complete overhaul.
Next Month Listener screening and selection Andy Thackwray is currently resident at HMP Doncaster
fisher meredith Award winning firm offering specialist advice on prisoners’ rights Lifer panels Re-categorisation Adjudications Inquest Claims for compensation Judicial review Parole review and early Human rights release Compassionate release Contact solicitor Andrew Arthur Fisher Meredith LLP, Blue Sky House, 405 Kennington Road, London SE11 4PT Telephone: 020 7091 2700 Fax: 020 7091 2800 O r v i s i t o u r w e b s i t e w w w. f i s h e r m e r e d i t h . c o . u k
Comment
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e know that older people are the fastest growing part of the prison population. Some, like ‘Fred’, so aptly described by Peter Byard in the January 2009 issue of Inside Time, suffer in silence. No Problem- Old and Quiet, the title of the Her Majesty’s Inspector of Prisons’ report into older prisoners, just about sums up the level of awareness of the system towards its most vulnerable population.
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within the prison service is growing, especially since the NHS took over commissioning primary health care in public sector prisons, though resources always fall short of what is required. Many health workers and some prison officers work hard to make things better and recognise that in some cases prison is a sort of care home. Age Concern and HMP Stafford, for example, provide a valuable ‘club’ for older men who are retired or unable to work. Older prisoners’ forums are growing, too, and may help to give older prisoners a voice.
A colleague and I have recently carried out over a hundred and twenty interviews with prisoners aged fifty and over in four prisons: Shrewsbury, Stafford, Featherstone and Dovegate. The interviews explored, in confidence, the way prisoners were feeling, the things that worried them, and looked for signs of mental health problems and whether they were being addressed.
Few of the men we spoke to said they would want to be in an exclusively older prisoners’ jail, but most said they did want more and better access to facilities such as seniors’ exercise and gym sessions, quiet space, and more support for disabled prisoners.
Not surprisingly, the most common mental health problem we found was depression: almost half the men we spoke to could be described as depressed. In many cases there was no current record of mental health problems in the prisoner’s medical notes. Perhaps it is a ‘bloke’ thing, but many men inside prison, and outside, don’t accept or don’t know they have depression. Typically, depression in men can be masked by withdrawal, anger, blaming others, and feelings of suspicion and shame. Living within a prison, feelings of low mood are easily explained by the fact of serving a sentence and of being in a place that is often boring and uncomfortable at best, frightening at worst. Research shows that long-standing physical health problems, such as diabetes, arthritis, heart problems and high blood pressure, are commonly linked to depression. The men taking part in the interviews often talked about feelings of worry, especially about people on the outside who were sick or needed help. A lot of them had left families behind and some had been carers to family members. Many felt they were uninformed about important things like the results of health tests, and all had learned that ‘things
© prisonimage.org
Prison: it’s in your head For many older prisoners, good mental health may be less about medicine and more about opportunity writes Nick Le Mesurier of Staffordshire University happen slowly, slowly inside’. Some spoke about their fears of being released into hostels, where they felt they would stand out as older men and be vulnerable. Some talked openly about how they had once tried to fight the system in prison. One man said, “I realised one day, I could do it the hard way, or I could do it the easy way. It’s up to me.” More succinctly, another said, “Prison, it’s in your head.” Entering prison for the first time in old age is an awesome shock, and how well a prisoner
copes with his or her feelings depends crucially on attitude. Outwardly it is possible, as one man said, to learn to ‘go with the flow, keep your head down and see (your) sentence out’. Inwardly it may be another matter altogether. Services like Listeners were effective for some people when things got tough, and some acknowledged that having a personal officer had been helpful; but there were others, especially those who had disabilities or had no family on the outside, for which the day was long and empty. Recognition of the needs of older prisoners
The most important lesson that has come out of the research is that for many older prisoners, good mental health may be less about medicine and more about opportunity. Most people will cope, one way or another, though it may be at a high cost to themselves and to society. The chance to be active … to contribute and to feel satisfied … and to be informed and to feel recognised and respected does a lot to help people cope better. Things could be substantially improved if there were better recognition of mental health problems in the first place, and better access to therapies that help people to understand and cope with their problems. The way the prison service prepares older prisoners for release could be vastly improved. Thorough and timely assessment followed by action is necessary so that older prisoners are not just held for a period of time until they are released or die. The author and Lucy Heath would like to express their thanks to the men we interviewed and to the staff who enabled the research to go smoothly. The research was commissioned by the National Institute for Health Research, Research for Patient Benefit Programme. The views expressed in this publication are those of the author(s) and not necessarily those of the NHS, the NIHR or the Department of Health.
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Comment 12 STEPS 1. We admitted that we are powerless over …............. and that our lives had become unmanageable. 2. Came to believe that a Power greater than ourselves could restore us to sanity. 3. Made a decision to turn our will and our lives over to the care of God as we understand God. 4. Made a searching and fearless moral inventory of ourselves. 5. Admitted to God, to ourselves, and to another human being, the exact nature of our wrongs. 6. Were entirely ready to have God remove all of these defects of character. 7. Humbly asked God to remove our shortcomings.
Babylon Blues Buddhist Chaplain Martin Huiskens advocates the ‘twelve steps’ towards encouraging addicts in freeing themselves from addiction and isolation
Martin Huiskens apitalism needs addicts, in order to survive. Just like cancer, capitalism grows, regardless of the impact on the environment, in whatever shape or size or form it manifests. Addiction is a tool to keep people hooked into the police state capitalist system. This is modern day slavery. The addict will also go to fatal lengths to feed that addiction – because that’s what zombies do.
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In order to overcome addiction, it is often not enough to get spiritual. One needs daily guidance and support on the path to freedom; steps to take one on the road to recovery from the zombie demon of obsessive compulsive behaviour. Nearly eighty years ago, two American men, both Christian and alcoholics, got together.
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They had tried everything from workshops to psychotherapists, self-help groups and the Church, but they kept falling off the wagon. What to do? To help themselves become free from alcoholism, they would meet on a regular basis to talk, and they eventually came up with twelve steps to recovery. Since then, Alcoholics Anonymous was formed and AA, and its twelve steps, proved successful in turning people’s lives around by getting them to not only stop drinking, but also to stay on the wagon of sobriety. Groups were formed throughout America, and eventually the entire globe. Now, every city will have one, as well as its many off-shoots, such as Narcotics Anonymous, Cannabis Anonymous, OverEaters Anonymous, Gambling Anonymous, Rage-Aholics Anonymous, Sex and Love Addicts Anonymous, Workaholics Anonymous, Britain’s Got Talent Anonymous (I made that one up!), and so on. The following version is based on the twelve steps written by AA. The gaps in the text are there for the individual to name their own addiction(s);
8. Made a list of all the persons we had harmed, and become willing to make amends to them all. 9. Made direct amends to such people wherever possible, except when to do so would injure them or others. 10. Continue to make personal inventory, and when we were wrong, promptly admitted it. 11. Sought through prayer and meditation to improve our conscious contact with a Power greater than ourselves, praying only for knowledge of God’s will for us, and the power to carry that out. 12. Having had a spiritual awakening as a result of these steps, we tried to carry this message to …............. addicts, and to practice these principles in all areas of our lives.
The twelve steps path encourages the addict to take responsibility for their own recovery and to become one’s own therapist. A word of caution however - a sick mind cannot cure a sick mind. As 80% of crime is committed due to drug and/or alcohol abuse, one would think that all prisoners and prison staff would be familiar with these useful tools to recovery … Not so, it would seem. Prison, like society in general, seems to be ignorant about AA and the twelve steps. Prison, like school, seems to promote the belief that we humans have just one level of consciousness: the brain. The truth is that we have four levels of consciousness: Mental, emotional, physical, and spiritual. Only when
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we engage with all four levels of consciousness, at the same time, can addiction be overcome. Only then do we become whole human beings again. At the heart of the success of the twelve steps lies the fourth level of human consciousness: spiritual healing and redemption. There is also a lack of awareness about the true nature of the addiction demon. To this day, too many people still believe that addiction can be overcome by intelligence alone: Strength of character; Mind over matter; Willpower. If only life was that simple.
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The twelve steps path encourages the addict to take responsibility for their own recovery and to become one’s own therapist. A word of caution however - a sick mind cannot cure a sick mind.
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Some people don’t like, want, nor need the twelve steps to conquer their addictions. For example, Barry Woodward (Once an Addict) and Malcolm X (The Autobiography of Malcolm X) shows that all they needed to turn their lives around was to become Born Again (Christian and Muslim respectively). Some people use the twelve steps alongside their religious calling to develop sobriety. 12 Steps on Buddha’s Path, by Laura S. describes how she used AA as well as Buddhism to stay sober. Finally, some people use a combination of the twelve steps and other therapeutic tools. Homecoming, by John Bradshaw - the psychologist and international figure in the field of recovery and dysfunctional families recommends “inner child” work as a powerful therapeutic tool for recovery from addiction. The beauty of the twelve steps is that they encourage the addict to free themselves from isolation. By joining fellow recovering addicts on a regular basis, the addict becomes part of a family of brothers and sisters committed to sobriety, speaking the truth, and to the daily spiritual practice of prayer and meditation. Capitalism is dependent on making money for the sake of making money. Freedom from modern-day slavery therefore, whether physical, mental, emotional or spiritual addiction, is freedom from Babylon. Martin Huiskens is Buddhist Chaplain at HMP Liverpool & HMP Kennet
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Help with healthcare Francesca Cooney, Advice and Information Manager for the Prison Reform Trust, advises on getting help with healthcare in prison
PRISON REFORM TRUST ealthcare in prisons has improved a lot since the NHS took over responsibility for healthcare in public sector prisons in 2006. However, PRT’s advice service still receives a large number of concerns about health from people in prison and their families. The basic rule is that prisoners are entitled to the same level of healthcare in prison that they would receive in the community. There may be security factors that make access to healthcare more difficult to organise but people are still entitled to the treatment they need.
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This also means that people in prison who are having problems getting healthcare can access the same complaints system as in the community. There are a lot of organisations that can help with or even investigate health complaints. Who you complain to will depend on where you are and who provides your healthcare.
Who to contact if you want information about your health? You can speak to NHS direct if you need any information or contact details about health services. If you feel unwell and don’t know whether you should speak to a doctor or nurse about your health, they can tell you: their number is 0845 4647.
What to do if you want to complain about a healthcare matter The first thing to do is to work out whether the complaint is for healthcare or the prison. A prisoner may have a complaint about a hospital appointment being cancelled. If the hospital cancelled the appointment, they can complain to the NHS. However, if the prison cancelled the appointment, the complaint should go through the prison’s complaint system. If you know that your complaint is about healthcare you should try to speak to the healthcare team in the prison. If you want to
take your complaint up outside the prison you can contact your Primary Care Trust (PCT) to tell them what has happened. Primary Care Trusts are in charge of health services like doctors, dentists and opticians in their local area. You can get their address from healthcare or from NHS Direct on 0845 4647. Anyone who feels that their complaint has not been handled well by their local PCT can now complain directly to the Health Service Ombudsman. You do not need to complain to the Healthcare Commission first. There is a different system if your healthcare is not provided by the NHS see more information about this below. If you want advice on whether you can put in a complaint to the Health Service Ombudsman, you can call their advice line. They will tell you whether they can look into your complaint. Their number is 0345 015 4033. Their address is: The Parliamentary and Health Service Ombudsman, Milbank Tower, Milbank, London SW1P 4QP. In Wales, healthcare complaints are looked at by the Public Service Ombudsman - the address is: Public Service Ombudsman for Wales, 1 Ffordd yr Hen Gae, Pencoed, CF35 5LJ and the number is 0845 601 0987.
Who to contact if you need help making a complaint about health You may also wish to contact your local Independent Complaints Advocacy Service (ICAS). ICAS supports patients, their families and their carers who wish to pursue a complaint about any NHS treatment or care. Information about how to contact your local ICAS is available from prison staff, the library or through NHS Direct.
What to do if the healthcare is not provided by the NHS There is a different system if your healthcare is not provided by the NHS. Healthcare in prisons can be provided by a private or independent company. If you are not happy with the healthcare you should write to the healthcare team and explain why. If you need further advice you can contact the Prison Reform Trust at: Freepost ND6125, London EC1B 1PN.
PRISON REFORM TRUST has opened a free 'phone line for prisoners who need advice and information. The hours are Monday (3.30-7.30pm) Tuesdays and Thursdays (3.30-5.30pm) The number is 0808 802 0060
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In memory... Ronnie Easterbrook 11th May 1931 - 10th May 2009 Occasionally events occur that can bring a tear to the eye of the most cynical observer. The utter brutality of the murder of Baby P (Peter). The systematic, sadistic starving to death of the 7 year-old girl, Khyra Ishaq. The death fast of 78 year-old Ronnie Easterbrook (pictured) in HMP Gartree. Who? The main inspiration for Miscarriages of Justice UK (MOJUK), Ronnie Easterbrook was a gentleman blagger of the old school, who was one of the first victims of the Metropolitan Police's 'shoot to kill' policy. Ronnie was sentenced to life following an attempted robbery on a Securicor van. The robbery was set up by a registered police informer with the sole purpose of removing an irritant, a "career criminal", from police files. An ambush was arranged by PT 17, one of the Met's unaccountable killing squads, who were so cocky about their plan that they invited along a Thames Television crew to film the executions, sorry, arrests. In the event, the "elite tactical firearms unit" missed their target. They failed to kill Ronnie in spite of shooting him repeatedly at close range whilst he was sat in the back of a car. PT 17 did kill the already surrendered and unarmed Tony Ash, and for good measure also shot Gary Wilson, the third robber. A police inspector was also wounded, who by? Well, that has been a matter of contention for 22 years. Ronnie never recognised the legality of his sentence. He always maintained he was the victim of a police shoot to kill policy, although at trial his barrister refused to put forward that defence, and the judge refused to allow"politics" into his courtroom. Ronnie was handed down a life sentence originally with a 'whole life' tariff, the first in which no murder had occurred. The tariff was subsequently reduced to 16, then to 12 years. The reductions were meaningless, for as the Home Office were well aware, Ronnie, like many victims of wrongful conviction, refused to participate in the parole system, stating he only wanted a new, fair trial. In Ronnies view, the PT 17 unit should have been prosecuted for murder and attempted murder, and the Thames Televison crew for aiding and abetting. Since his conviction, Ronnie rarely spent much time on wings, so called "normal location", he spent the bulk of his time in segregation units, and punishment blocks on "Good Order or Discipline", (GOoD).
Ronnie died a sick and frail old man in a final hunger strike in protest against his conviction. Long the master of dirty protests and the hunger strike, Ronnie's tenacious and stubborn refusal to accept the lawfulness of his conviction was the stuff of legend. I was proud to call him a friend, and once told him, "Ronnie, you're so stubborn you could out-stare a stone". His reply was typical of the man, quick, intelligent and funny, "Stones are no problem, but concrete gives me a headache". I am ashamed to admit, I lost touch with Ronnie about 3 years ago, and hoped that the information given to me by another prisoner last year, that he'd been released, was true, sadly it wasn't. Ronnie suffered horrendously during his sentence. Many stories will be told of his torments, but here is a personal account of his treatment by an uncaring prison service. Throughout 1995, Ronnie was on "dirty protest" in Whitemoor’s block. I was in the same block, also on GOoD having walkedout of Parkhurst earlier that year. Block staff thought it amusing to locate me above Ronnie, each time he moved cells, I was moved into the cell above. What block staff never realised was the situation benefited Ronnie, as during the long hot summer of 1995, I was able to pour water through my window grill, for Ronnie to catch below, the water in Ronnie's "protest cell" having been turned off. The water supplied to Ronnie by block staff was usually contaminated. Ronnie spent his last years, frail, with only one lung, often wheelchair-bound. He knew this last hunger strike, in protest at his conviction was to be the end. He made a 'living will' stating he did not want to be revived. Ronnie's epitaph should be given in his own words. "I want a new appeal and if I can't have one, I want to die. I'm not afraid of death. I know that when I get close to the edge all my problems will melt away, and everything will become clear. The authorities will say, "hunger striker, committed suicide", but that will not be accurate. They should record my death as judicial murder". (Ronnie Easterbrook) Prisoners everywhere should raise a glass to Ronnie Easterbrook, a true gentleman of the old school. Tribute by Keith Rose BA (Hons) currently resident at HMP Long Lartin
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have served all over the world, from The Falkland Islands in 1985, after the conflict, to 3 years in Germany, as well as Cyprus and during major terrorist alerts including early 1989 in London, all live armed when needed. Along the way I have been to battle stations and had three friends murdered by the IRA in a car bomb attack, the fourth one being maimed, in Holland in 1988 during the terrorists’ European bombing campaign against British Forces based overseas. I consider I have ‘done my bit’ for Queen and Country. However, over the years of constant terrorist threat, constant vigilance and a lifestyle that could best be described as a high adrenalin fuelled, alcohol driven ‘live for today as tomorrow may not come’ attitude, my personal mental health inevitably suffered, although no-one recognised this fact at the time, or ignored the evidence when presented to the medical centres at various stations. I therefore carried on soldiering, not wanting to appear as ‘the weak link’ in my section. I was proud to serve and would gladly have laid down my life for my fellow gunners if need be. It was like having a unit of brothers who felt and acted exactly the same as you, and you could depend on them totally with your life. You don't get that in any other walk of life. Since leaving The Forces, I have suffered with feelings of complete alienation and dislocation, not understanding or being able to properly integrate into ‘Civvy Street’. I didn't know how to settle in; struggled to hold down a job; didn't know how to claim benefits or housing rights; and thus drank more and more heavily to alleviate the stress, eventually becoming increasingly paranoid, erratic and violent. I felt totally alone and unable to communicate even with close family; how could they possibly understand what was going on inside my mind? Within a couple of years of ‘Civvy Street’, I committed two extremely violent offences, one of which was due to hyper-vigilance and a complete misreading of circumstances; the other due to a total inability to address my many emotional problems. I have served 4 years and 6 months of a 7 year sentence for GBH and I am currently serving an 8 year sentence for another violent offence committed in 1991, a ‘cold case’ which came to light in 2006. Approximately 8,500 former Service personnel are in prison, almost 10% of the jail population, yet no one seems to really care or help, save for The Royal British Legion and associated charities, but this help is normally given upon release. The MoD and government refuse to admit there is any fundamental problem, or trumpet their ‘prison in-reach help’ through the Veterans Agency, strangely biased to how well they are helping veterans. Well, as a former combat trained Gunner and Veteran, I can tell you that the only help I have personally received was a character assassination by a Painting by Dean Stalham of the Koestler Trust.
Armed Forces Day 27 June 2009
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treated as misfits and eventually, inevitably, end up in prison, politicians fiddle their expenses claiming they are ‘public servants’. Yet the real public servants are those people who are prepared to fight and die; sacrificing everything in defence of this country and its people. Surely the decent and honourable thing to do is to properly and effectively look after soldiers, former soldiers and their loved ones. Sadly, we live in a country that has lost sight of honour and moral obligation; just look at our good and ‘honourable’ politicians falling over themselves in ever sickening displays of self justification, blaming everything for their predicament except telling the truth. These are the very same politicians who sent our brave young men and women to serve, fight, and sadly in some cases die in Iraq and Afghanistan.
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As soldiers we knew the risks, thrived on the adrenalin of an active life, and were ‘proud to serve’. What we were not prepared for was our health could suffer because of service and we would be ignored and dismissed by the very people Andrew Watkins exposes the ‘spin’ and hypocrisy we represented employed by the Government when claiming to care about ex-Forces personnel, and highlights the massive problems they face integrating into ‘civvy street’
Betrayal MoD sponsored psychiatrist who used my former medical records against me. He manipulated information to reflect me in a bad light and insulted my intelligence and loyal service, making no reference whatsoever to my actual service records! The MoD do not want to acknowledge the fact that there is a major problem and is more concerned about the possibility of compensation claims rather than help, so they label people or blame ‘other factors’. As soldiers we knew the risks, thrived on the adrenalin of an active life, and were ‘proud to serve’. What we were not prepared for was our health could suffer because of service and we would be ignored and dismissed by the very people we represented. Physical injuries can be dealt with and treated; mental health problems are harder because the soldier in question does not want to discuss problems in
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his head, but deteriorating behaviour, fighting, alcohol abuse, domestic problems and withdrawal from social activities are all indicators that something serious is happening to the individual’s mental health … and everyone suffers. Community mental health workers try their best when a soldier ends up in prison, but they have little idea what it’s like to live on the edge, patrol live armed, or fear for your life in everyday situations such as at train stations, on coaches or a ferry. No civilian appreciates the power of being trained to kill, using live ammunition and weapons capable of extreme damage, or the constant threat of being murdered by terrorists via the remote controlled IED (Improvised Explosive Device) or bullet. So while thousands of former soldiers are sidelined, ignored, thrown on the scrapheap,
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If nothing else, take a moment to remember those who have been physically and mentally damaged by true public service to this country, as well as those who didn't make it. This is still a land fit for heroes, whose loyalty and dedication is never in doubt; however, the betrayal we feel at the hands of our politicians is nothing new. It was the politicians of Carthage who betrayed one of the greatest generals in history, Hannibal, when Rome was on its knees. There is another warning from history - betray your soldiers at your peril … maybe our politicians should take note. Andrew Watkins is currently resident at HMP Risley News from the House PQ1 page 34 The Official British Army Fitness Guide Book Review page 44
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Reducing Reoffending Behaviour Category ‘A‘ prisoner Gerald Deaffern asks why Frankland can’t constructively encourage prisoners to maintain proper family contact our average, common-garden British prisoner is, more often than not, baked using the same ingredients; he or she is usually plucked young from an underprivileged, often run-down housing estate; has unemployed or poorly skilled parents; has had a disrupted or wholly absent early education; has no concept of the meaning of emotional maturity or selfcontrol and often comes with chronic substance or alcohol addictions, which are accompanied by psychological malfunctions of one type or another. It is no surprise then that the vast proportion re-offend within a very short time after release; they're simply doing, or acting, in exactly the way their experiences have habitualised them into acting and behaving.
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Fortunes have been spent and massive amounts of research gone into an effort to break this tragic, financially burdensome and ethically unacceptable cycle of repeat offending behaviour. A positive and gradual change in the prison regimes has occurred over the last twenty years. Gone are the bread and water diets, the overcrowded cells with buckets as toilets, the twenty three hour ‘bang-up' (cellular confinement) and the bully boy rough hand tactics. Today, most prisoners though surprisingly not all - enjoy toilets in their cells, T.V. and playstation consoles, access to education facilities or workshops which are a world away from the monotonous and hated 'mailbag' sewing shops of old. Mainly through public outcry, emphasis has finally been focused on the issue of the ex prisoners' chronic reoffending rates. All concerned have begun to realise that if you simply 'warehouse' a convicted person, keeping him locked in a kennel for twenty-three hours a day, speak to him in the most demeaning and disrespectful manner and use force at the slightest provocation to impose your will, it is unlikely to result in any sort of positive rehabilitation and very likely to instil resentment and anger against the very society he will be re-entering at some time in the future. Britain's revolving prison gates are currently enjoying the kind of booming, steady high growth period (often to over-capacity) which economists can only dream of. Britain spends more on prisons per head than any other E.U. country. It is not in the interests of the Prison Service to reduce reoffending behaviour in any way. The steady rise in privatisations is one reason as, obviously, private prisons are paid on a 'per resident' basis. The more customers they receive the merrier! Likewise, P.O.A. run (public prisons) and their Trade Unions are in
constant conflict with the government over pay and conditions. Clearly, a high reoffending rate lends support to their cause and helps keep pressure on the government.
and staff at Frankland are fully aware of the disruptive impact these systems have on the maintenance of contact between prisoners and family.
It is also blatantly obvious that it is the prison staff who 'leak' stories of 'holiday camp' privileges to the sensationalist British press. Upon leaving the prison gates, it is common for prison reception staff to wish a time served prisoner a hearty 'good luck, please return soon ... and bring a friend!' Frankland Prison is a perfect example of an establishment whose outward statements regarding the reduction of reoffending behaviour are demonstrably insincere. This High Security, national `flagship' prison has recently introduced a 'Reducing Reoffending Action Plan' (RRAP). This sounds very serious and purposeful and may quite possibly have attracted additional funding for the prison's budget.
The fact is that Frankland Prison is located in a small town and more than 75% of its inmates are from other areas around the U.K. usually many hundreds of miles distant (ie; Manchester, Liverpool, Birmingham and London). It costs at least one hundred pounds in petrol, food or travel expenses for family and friends to visit inmates who are from these distant areas, despite the visit assistance scheme which contributes a small percentage of the costs. As already mentioned, almost all prisoners come from backgrounds where money is scarce which renders regular visits impractical. Therefore the only other option available to inmates at Frankland who wish to maintain consistent family contact is the prison telephone system. Nationally, prisons have contracted private companies to install payphones in their establishments. This is a commercial venture and the prisons receive a percentage of the profits generated. OFSTED has criticised this arrangement as the amount per minute that the telephone companies concerned are charging prisoners for calls is extortionate and unfair, amounting to a price per minute rate which is more than seven times the price of a normal call outside of prison. The Prison Service and the Government have accepted OFSTED's ruling and pledged to change this blatantly immoral arrangement but only when the communication companies' contracts are up for renewal in 2011. Frankland Prison has several additional procedures which compound the issue of the probative cost of prisoners' telephone calls and which further obstruct the maintenance of telephonic family contact;
One elementary and basic issue which has a statistically proven, positive and direct effect on the reduction of reoffending behaviour is that of family (or 'outside') contact. Those who maintain good family contact throughout their sentences are invariably the same ones who do not re-offend. In fact, it is national government policy supported by the Human Rights Act that contact between prisoners, their family, loved ones and friends is sacrosanct and must be respected and actively encouraged by the prisons. Any disruption to that contact by the prison must be handled sensitively, proportionately and then only as a last resort. This directive naturally stands to reason. Frankland Prison, however, has several official systems and procedures in place which conspire to hamper, interfere with, break, or obstruct family ties at every opportunity. The governors
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Firstly, Frankland insists that prisoners may only purchase telephone credit from their weekly prison wage and allowance. Private cash beyond this may not be used to maintain contact. This procedure is not national policy as many other prisons throughout the U.K. recognise the importance of consistent family contact and allow prisoners' families to post in funds which can then be used to purchase telephone credit up to an amount of £50 per week. Frankland’s inmates earn (approx) £2.50p per day. There has not been a pay raise in more than ten years. Every consumer in the U.K. has noticed a huge price hike in the cost of weekly necessities over recent years. These price hikes have equally affected prisoners who can ill afford any depreciation of their meagre wage. So, the fact that Frankland, unlike many other prisons, prohibits or severely limits the amount of telephone credit an inmate may purchase from their own private funds is a clear and obvious obstruction to the maintenance of family contact for those held there. Secondly, HM Chief Inspector of Prisons carried out a root and branch inspection of Frankland and published a report in February 2008. That report clearly identifies the problem of privacy when prisoners make telephone calls at Frankland. It has made recommendations that all 'public' telephones ought to be fitted with privacy booths. These privacy booths are fitted in 99% of all other U.K. prisons. A prisoner at Frankland has his every word spoken on the telephone to his family open and able to be overheard by all and sundry. So, any telephone conversations of whatever sensitivity are not private. In conclusion, only when the governors at Frankland Prison: • Allow prisoners to spend their own monies on purchasing telephone credits (as in many other U.K. jails) • Allow prisoners to purchase telephone credit on more than one weekly occasion (as in other U.K. jails) • Fit an adequate amount of telephones around the establishment (as in other U.K. jails) • Fit privacy booths around all telephones used by the inmates (as in other U.K. jails) ... will they then be taken seriously by the residents when they proclaim that the maintenance of family contact is an important issue at the prison and that they are serious about reducing the tragic reoffending rates of prisoners who have finished their sentence. Gerald Deaffern is currently resident at HMP Frankland
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lawbreakers should be kept in the darkness of their cells. Incidentally, the picture was taken with a telephoto lens from a nearby public road after Murray was ejected from the prison after trying to sneak in with prisoners’ visitors. The rest of the article was a rehash of various events already reported on over the last 20 years - including plenty about Kenny Noye, who last stepped foot in this prison in the early 90s! Which just goes to show how desperate Murray was to pad out this piece of non-news.
Blantyre Fact and Fiction
Then more recently the same reporter, writing in the same tabloid rag, printed a story about how ‘robbers, murderers and drug dealers from the scandal-hit Blantyre House’ had the barefaced audacity to apply for jobs as environmental waste management operatives (dustbin men!) at the Olympic site in Stratford, East London. The item was a perfectly pitched piece of moral outrage designed to get retired plum-faced colonels spluttering over their breakfast kedgeree and reaching for their pens to scribble off letters of complaint to their bent and fraud-addled MPs. Murray’s flip-flopping was worthy of the House of Commons - one week he’s telling his readers what a bunch of lazy, thieving parasites we are; and the next he’s whipping up a frenzy because we’re trying to get honest jobs! Is there no beginning to this man’s talent? He even went as far as playing the national security card to the Olympic Committee in order to get the job applicants from Blantyre kicked off a job they hadn’t even got yet. I would suggest that if James Murray does have a moral compass, the hands must have fallen off it.
Noel ‘Razor’ Smith is convinced that the moral outrage frequently displayed by certain tabloids towards prisoners does absolutely nothing towards solving serious resettlement problems
Noel ‘Razor’ Smith t would seem that these are desperate times for the tabloid press, what with a full-blown recession going on and the newsprint media cutting jobs even in the quality papers. There's still plenty to report on though and top of the list should be the protracted death throes of a treacherous and failing government and their bumbling unelected (for that job at least) leader, the recession itself, and the many wars, scandals and protests going on around the world. But, once more, the Sunday Express, that purveyor of titillating scandal for the middle-classes to devour between twitching their lace curtains and phoning the police to report on 'undesirables' loitering suspiciously on their leafy avenues ('undesirables' being anyone under the age of 30 who might be a bit foreign-looking and not wearing an ‘I Love Princess Di' tee-shirt), have been sticking the boot into prisoners again. No surprise there then; only this time it would seem they have been scouring the pages of Inside Time in their search for facts on which to base their scurrilous non-story.
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The March issue of Inside Time contained an article by Charles Hanson, a lifer here at HMP Blantyre House, on the difficulties of being in a resettlement prison if you do not have paid employment or access to funds other than the £9.50 weekly prison wage. He pointed out that in times of recession, prisoners in resettlement and ex-offenders are at a particular disadvantage in the job market and so might be tempted back to crime; which is a reasonable enough assumption, but then, perhaps very stupidly and recklessly some might say for a lifer enjoying the hard-earned benefits of resettlement himself, he went on to slag Blantyre House and list past indiscretions by some of its previous residents. Fair enough, I say, I've always been partial to a bit of rage against the machine myself as long-time readers of the pages of Inside Time can probably attest to. After all, in my view, Inside Time has long been a great platform for the airing of prisoners’ views and grievances against the yoke of oppression that most prisoners labour under in the so-called 'modern' British prison system. But it seems that from now on we will have to be careful what we write because there are tabloid hacks out there too lazy to get off their arses and dig up some news in order to earn their salary. The story that appeared in the Sunday Express on April 26th under the headline ‘Pool and June 14 2009
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Flying Lessons…Welcome to HM's Prison’ was 'written by' someone called James Murray, and it was the classic tabloid reporter's ‘hatchet job’, full of facts and opinions lifted straight from Charles Hanson's original Inside Time piece, half-truths embellished by the reporter himself, and 'quotes’ from unidentified 'locals'. There is talk of the 'lovely manicured grounds' whilst neglecting to mention that they are made that way through the hard work of the prisoners themselves; a big mention goes to the swimming pool, though not to the fact that it is outside the prison fence and has lain empty for almost a year, and the article itself is accompanied by a photograph of 5 prisoners sitting in the sunshine with the caption ‘Cushy - prisoners soak up the sun in the prison garden’ - the inference being that these leering
Noel ‘Razor’ Smith is currently resident at HMP Blantyre House
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What wasn’t mentioned in either story was how many years the men in this jail have already served in closed prisons before we got here, or the fact that on most days almost a third of the prisoners go out of the prison some to paid employment and others to work for nothing in the local community ... and all return on time to be tested for both alcohol and drug use; failures are rare. There has only been one abscond in the year I have been here, and the relationship between staff and inmates is excellent. I’ve never been one for defending prisons, but in my opinion what this country needs is a lot more prisons like Blantyre House, where long term prisoners who have served years, sometimes decades, in closed conditions can get real resettlement and the help they sometimes need to settle back into society. It has taken me almost 11 years of this sentence to reach this place and I know plenty of others in the system who would give their left testicle to be here. So it saddens me to think that mugs like James Murray, who know zilch about the real conditions of our prisons and the struggles of long term prisoners, can casually tell the public that we are living in the lap of luxury and urge an already twitchy and publicity-wary Ministry of Justice to start thinking that resettlement is a dirty word.
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Comment
Insidetime July 2009 www.insidetime.org
33
Is the Prison Service making up to 30% profit on your Argos orders? Paul Sullivan investigates
“Under the agreed terms of the OGC Buying Solutions Framework Agreement with Argos Business Solutions Ltd. This is an open Framework Agreement permitting access to other Government Departments (including NOMS) to call off requirements for the provision of catalogue goods and services.” Sounds like gobbledegook, but they go on;
o you ever get the feeling that you are being ripped off - overcharged for telephone calls and overcharged for canteen goods? Could the same apply to orders from the Argos catalogue?
D
Have you ever wondered why, whichever prison you are in, the only catalogue that is available for purchasing has the name ‘Argos’ on it? When you place an order with Argos are you actually buying from Argos? I asked the Ministry of Justice a few questions, on your behalf, under the Freedom of Information Act (FoIA). It took nearly two months for them to respond because they were trying to find exemptions to the Act to avoid answering. “The FoIA does provide a number of exemptions. A qualified exemption requires that before relying on it we must consider the public interest test. If the information you have requested is covered by a qualified exemption under the FoIA, the Department is allowed to take longer than 20 working days to respond.” But now we have it!
“Under the agreed terms of the OGC buying solutions Framework Agreement, a 5% discount has been negotiated for any purchases using the Government Procurement Card or Argos Corporate Link Account. This is a centrally negotiated discount that is effective as part of the Framework terms and conditions and contingent upon the aforementioned ordering method. The discount applied is taken as a contribution towards administration costs incurred in providing a catalogue service. In addition, a rebate can also apply when certain volume thresholds are reached. This is, again, contractually agreed within the terms of the Agreement but is contingent upon registration of the commitment in order that the spend is monitored and verified.” According to the Ministry of Justice, the Government has ‘negotiated’ a 5% discount on every order you place with Argos under a “Corporate Link Account”. So for every £1 you spend the Prison Service get 5p. They say the Prison Service take your 5% towards what they call ‘the administration costs’ of allowing you to buy from the catalogue. PSO 5200 covers what you can and cannot buy and states (paragraph 5.3) that prisons can add an administration charge to catalogue orders to cover administration and handling; and you may remember that, until recently, prisons were trying to charge prisoners anything upwards of 50p in administration charges for placing an Argos order: and that has only recently been overturned. Were you ‘paying’ twice? However, if we look a little deeper: Argos and the Government (and NOMS) have an agreement called the “OGC Buying Solutions Framework Agreement”. That sounds complicated but it is part of the Government’s buying agreements with different companies which allow them to get much cheaper prices. Any Government department can buy from Argos
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at much reduced prices. Anyone with Internet access can read about it at www.argosb2b.co.uk/business-solutions If a prisoner orders a JVC UXG290D CD/DAB Radio (Catalogue No. 513/8881) from Argos he will be charged the catalogue price of £97.89. However, any Government department, including the Prison Service, can buy it from Argos for just £69.30. So when you place your order are you handing the Prison Service a present of nearly £30.00 (or 30% of what you paid)? The Ministry of Justice tell us that individual governors are responsible for the choice of approved supplier and; “ … This decision will be based on considerations around security requirements and ‘compliance with the prisons facilities list’ to ensure that only permitted goods are purchased. The choice to use Argos is dependent on the same criteria and there are no incentives or rewards offered to Governors for this decision.” PSO5200 (paragraph 3.8) states that ‘… an extended range of products [over and above canteen items] … must be purchased from the agreed contractor and cannot be purchased from any other source …’. For ‘agreed contractor’ should one read Argos? Given that all orders are double checked and go through several stages to verify that goods are compliant with the facilities list before the order is allowed to go out; it is a bit of a mystery as to why they state that Argos is used to ensure compliance. If governors make the choice, is it not likely that they would be helped in that choice by the Prison Service and that 5% - or is it 30%? It is impossible to find out the value of orders to Argos each year (commercially sensitive) but if every prisoner spent just £100 it works out at about £8,000,000; 5% of that is £400,000 a year - 30% is £2,700,000: that’s quite an incentive. The Ministry of Justice was asked what checks were in place to ensure prisoners were paying a fair price where Argos was the sole catalogue supplier. They responded that prisoners pay the same price to Argos as the general public. But how often do prisoners get the special sale prices? And each year, at Christmas, when Argos give 10% vouchers
back for everything you spend - who gets the vouchers? Certainly not the prisoner. Is it reasonable to assume that if they are already getting up to 30% discount, the Prison Service do not qualify for ‘sale prices’ or the vouchers? The answer to the question I posed at the beginning (when you place an order with Argos are you actually buying from Argos?) appears to be ‘No’. It seems that when you place an order, the Prison Service buy that item at a discount and then re-sell it to you at Argos catalogue prices. Of course, this has nothing to do with Argos, who are simply following normal trading procedures and would be doing nothing wrong. But if the Prison Service are purchasing at a discount and ‘selling on’ then they would have to be registered for VAT and, presumably, pay tax on their profits. Recently a ‘super-complaint’ about the high telephone charges was investigated by the Office of Fair Trading which resulted in a 10% reduction in overall call costs. Maybe it’s time for them to investigate ‘cataloguegate’? We thought we would take a look at a few other items a prisoner might buy from Argos. Argos Value Range Micro System Catalogue No: 513/4768 Catalogue Price: £19.99 HMP might Pay: £16.52 Wharfedale NE-571 MP3 Micro System Catalogue No: 513/5248 Catalogue Price: £34.99 HMP might Pay: £28.91 Philips MC235B Micro System Catalogue No: 513/8915 Catalogue Price: £78.29 HMP might Pay: £64.68 Sony CMTHX80DABR Micro System Catalogue No: 513/9055 Catalogue Price: £195.69 HMP might Pay: £161.66
Paul Sullivan is an editorial assistant at Inside Time
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Insidetime July 2009 www.insidetime.org
News from the House
more than 96,000 people were discharged from prison in 2007-08 - more than the entire prison population. And given that a good percentage of prisoners don’t qualify for the discharge grant the figure might leave the reader wondering where is all the money going!
Offenders: Ex-servicemen Dr. Murrison: To ask the Secretary of State for Justice what (a) account is taken by and (b) information is made available to offender managers of the services provided by the Service Personnel and Veteran's Agency in the drafting of supervision plans for offenders who have served in the armed forces; if he will ensure that such offenders are informed of the services for which they are eligible which are provided by (i) the Royal British Legion, (ii) Combat Stress and (iii) Soldiers, Sailors and Airforce Association; and if he will make a statement. Mr. Hanson: The Veterans Prison In-Reach Initiative, a partnership between the Ministry of Justice and Ministry of Defence, promotes the help and support for veterans available from the Service Personnel and Veterans Agency (SPVA) to prison establishments and probation offender managers. The SPVA website and free-phone helpline is promoted to front-line staff which can assist the development of supervision plans for veteran offenders. As part of the Veterans Prison In-Reach initiative we are running an extensive crossdepartmental marketing campaign aimed at staff, including offender managers, ex-veteran offenders and their families on services available. This exercise is conducted in close and active co-operation with the three veteran charities mentioned by my hon. Friend. This helps to inform the sentence planning for ex-veteran offenders.
HM Prison Ashwell David Taylor: To ask the Secretary of State for Justice what representations he has received on the recent disturbances at HM Prison Ashwell.
In Britain, two-thirds of voters stayed away from the European Elections and it seems more than two-thirds of MPs stayed away from the House of Commons European Affairs Debate. This is despite the £10 billion British taxpayers will soon be spending net per year in direct contributions to the European Union. Every penny is needed to pay for the Brussels Gravy Train say British MEPs because they each receive £363,000 a year in expenses without receipts, including £250 a day for ‘subsistence allowance’ known as the ‘sign in and sod off’ payment. As you might expect, more than two-thirds of MEPs voted in March to keep their expenses secret!
News from the House of Commons were found at each prison in each of the last 12 months; and if he will make a statement.
Prisons: Mobile Phones Mr. Garnier: To ask the Secretary of State for Justice what progress has been made on the provision of mobile telephone jammers for use in prisons in England and Wales. Mr. Hanson: We have committed to take forward mobile phone signal blocking, as we indicated in the Government response to David Blakey’s report, “Disrupting the Supply of Illicit Drugs into Prisons”. We are working closely with the Home Office Scientific Development Branch to trial and evaluate a range of disruption technologies. Disrupting mobile phones is one part of our three-tiered strategy to minimise the number of illicit mobile phones entering prison, and find and disrupt those that do enter. We are rolling out a range of technology to strengthen local searching and security strategies, including BOSS chairs for every prison which does not already have one, as recommended in the Blakey report. Dr. Murrison: To ask the Secretary of State for Justice how many illicit mobile telephones
PARLBY CALDER Solicitors
Mr. Hanson: The numbers analysed are set out in the tables for each prison for each of the last 12 months. Summarised by Inside Time: Number of mobile phones and SIM cards analysed by a central unit from April 2008 to March 2009 Month
Mobiles Sim cards
2008 April May June July August September October November December 2009 January February March
305 355 309 373 328 424 434 279 296 428 287 314
321 350 325 387 329 475 488 307 318 432 286 334
Grand Total
4,132
4,352
Agency Work Undertaken
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Mr. Straw: The amount of expenditure recorded as discharge grant in each year for the last five years is given as follows. 2007-08 2006-07 2005-06 2004-05 2003-04
£4,407,000 £3,509,000 £3,737,000 £4,154,000 £4,270,000
Mr. Garnier: To ask the Secretary of State for Justice how many prison officers constitute the normal night staff team at HM Prison Ashwell; and how many prison officers were on duty on the night of 10-11 April 2009. Mr. Hanson: The normal staffing levels for night patrol at HMP Ashwell are eight operational support grades (OSG), four prison officers and one senior officer. On the night of 10-11 April staffing levels exactly matched normal levels with the addition of another senior officer who was on induction for night duties and was shadowing a colleague.
Whole life tariffs: Females Q1 Mr. Garnier: To ask the Secretary of State for Justice how many female prisoners are serving life sentences with a whole life tariff. Mr. Hanson: There is less than five female prisoners currently serving a life sentence with a whole life tariff.
Sentenced prisoners are eligible on release for a Discharge Grant of £46 unless certain exclusions apply. These exclusions include, for example: those serving a sentence of 14 days or less; those awaiting deportation or removal from the United Kingdom; those who are known to have in excess of £8,000 in savings (and would therefore be ineligible for income support under the relevant regulations). Editorial note: The amount of expenditure recorded for 2007-08 was £4,407,000. If £46 is divided by that amount it would imply that
We have withheld exact numbers because to provide the information at this level could identify individuals. Q2 Mr. Garnier: To ask the Secretary of State for Justice how many (a) male and (b) female prisoners on whole life tariffs are in (i) Category B, (ii) Category C and (iii) Category D prisons. Mr. Hanson: There are currently seven male prisoners serving whole life tariffs within in category B and less than five in category C. There are no whole life tariff prisoners in category D prisons.
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Mr. Grieve: To ask the Secretary of State for Justice how much was spent on discharge grant in each of the last five years.
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Mr. Hanson: We have received representations from the Prison Officers’ Association and from the hon. Member for Rutland and Melton (Alan Duncan). Police and prison investigations are under way. The incident resulted in significant damage to the establishment. As I made clear in my written ministerial statement of 20 April 2009, we pay tribute to the staff of the Prison Service and other emergency services for bringing the incident to a conclusion.
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News from the House
Insidetime July 2009 www.insidetime.org There are no female prisoners serving a whole life tariff in closed, semi-open or open prisons. Editorial note: The precise answer to PQ1 is one female prisoner is currently serving a life sentence with a whole life tariff in England and Wales. The Home Office website publishes the name of the female prisoner and all of the male prisoners. The same question PQ2 was asked ten days later and the answer given was: ‘there are no female prisoners serving a whole life tariff.’
Prison Accommodation Mr. Gordon Prentice: To ask the Secretary of State for Justice for how many hours per week on average high security prisoners have been confined to their cells (a) in the latest period for which figures are available and (b) over a similar period immediately before the introduction of core day standardisation. Mr. Hanson: Prisoners in the High Security Estate are locked in their cells for an average of 109 hours a week. Prior to the introduction of the Standard Core Day prisoners were locked in their cells for an average of 107 hours a week. After the introduction of the Standard Core Day across the Prison Service prisoners in the High Security Estate spend an extra two hours a week, or 1 per cent. of their time, locked up. The Prison Service has looked carefully at how it can make efficiencies in the operation of prisons to support the Department’s efficiency plans. The standardisation of the core day delivers efficiencies, improves consistency of regime delivery across the affected establishments and helps to maximise the access prisoners have to activities when they are running without compromising the running of safe, decent and secure establishments.
centrally recorded before the fiscal year 2000-01 and to obtain it would incur disproportionate costs.
2000-01 2001-02 2002-03 2003-04 2004-05 2005-06 2006-07 2007-08
1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004
Total number Average of complaints prison population 33,529 64,680 36,752 67,633 70,053 71,498 120,701 73,658 132,083 74,808 159,467 76,564 186,028 78,880 192,431 80,676
A revised complaints procedure was introduced in February 2002, which, among other improvements, gave prisoners greater access to complaint forms. An effective complaints system underpins much of prison life. An efficient system for dealing with prisoners’ requests and complaints aims to given prisoners confidence in the integrity of the system and so helps to ensure that the Prison Service meets its obligation of dealing fairly, openly and humanely with prisoners.
Prisoners: Foreigners Mr. Grieve: To ask the Secretary of State for Justice what percentage of the prison population foreign nationals comprised in each year between 1994 and 2004. Mr. Straw: The percentage of foreign national prisoners (FNPs) in England and Wales prisons as at 30 June each year for the years 19942004 inclusive is in the following table. Number of FNPs and the total number of prisoners is included for completeness.
Prisons: Complaints
Prison Population
Mr. Garnier: To ask the Secretary of State for Justice how many complaints the Prison Service Internal Complaints Process received from prisoners in each of the last 10 years for which figures are available.
Mr. Hollobone: To ask the Secretary of State for Justice what his most recent estimate is of the size of the prison population; and what percentage of that population is comprised of foreign nationals.
Mr. Hanson: The number of internal complaints submitted by prisoners between the fiscal years 2000-01 and 2007-08 is shown in the table. Data for prisoner complaints was not
Mr. Hanson: On 1 May 2009 the prison population was 82,868. The foreign national prisoner population equates to just under 14 per cent. of the total population.
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All FNPs prisoners
FNPs of total prisoners (percentage)
48,879 51,084 55,256 61,467 65,727 64,529 65,194 66,403 71,218 72,286 74,488
8 8 8 8 8 8 9 10 11 12 12
3,781 4,089 4,259 4,677 5,133 5,388 5,586 6,926 7,719 8,728 8,941
Independently produced data suggest that at 14 per cent. England and Wales has significantly fewer foreign nationals in prison than the rest of Europe. Editorial note: According to the European Sourcebook of Crime and Criminal Statistics - last issued in 2006 with the help of the Home Office, - 11 out of 23 European countries had fewer foreign nationals in prison on a given day than England and Wales.
End of Custody Licence Scheme Richard Ottaway: Having given 10,102 violent offenders early release, I am sure that it comes as no surprise to the Secretary of State that 1,000 offences, including three murders and two rapes, were committed by end of custody licensees who were released and should have been in prison. Does he need any more evidence to show that the scheme is a shambles, out of date and should be brought to an end as soon as possible? Mr. Straw: As it happens, the reoffending rate on the scheme is very low. Of course, I regret any offending by prisoners, but the scheme is much more effective for dealing with the pressure on prison places than the scheme that the previous Conservative Administration adopted. One day - I was in the House when it happened - they let out 3,500 prisoners just like that, without any sort of effective supervision. Prisoners who, among other things, have committed offences of serious violence, are excluded
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from the scheme. If there were a Conservative Administration, who would cut the prison budget by £200 million, they would have to introduce a grand ECL scheme to cut the number of available prison places. That is what their policy means - they have not excluded Home Office or Ministry of Justice services from their 10 per cent. cuts. Editorial note: Contrary to what is often written in the national and local press the early release scheme excludes prisoners with convictions for serious violent offences such as murder, manslaughter, wounding with intent to commit GBH, possession of a firearm with intent to endanger life, child cruelty and serious explosives offences. In the 22 months that the Scheme has been operating more than 80 per cent of the people released were serving a sentence for 12 months or less and only 2 per cent were recalled to prison for a further offence.
Early Release by numbers for the period 29 June 2007 till 31 May 2009 (23 months)
59,781 total number of prisoners male and female released 18 days early since 29 June 2007
48,706 / 81% prisoners released serving a sentence of 12 months or less
20,746 / 35% prisoners released aged 18-24
2,022 / 3% total recalls for the 22 month period
922 / 1.5% total number recalled for a further offence(s) Source: Ministry of Justice 30 June 2009
Legal Comment
36
Insidetime July 2009 www.insidetime.org
When fantasy turns serious Mark Newby reveals how a fantasist with serious psychological problems was wrongly convicted of murder
Mark Newby hen Ian Lawless (pictured) was first arrested in 2001 accused of being a participant in the murder of Alf Wilkins he became an actor in a play which he had written himself. As someone who suffered from a psychological syndrome which required him to make up stories for attention, inevitably exacerbated by an alcohol problem, he stood out like a sore thumb or at least you would have thought so.
W
As the very witnesses who later became the prosecution witnesses in the case noted, “that was Ian all over”. That being so , the fact that it took 8 ½ years to secure his release is even more disturbing; showing how the criminal justice system remains ill equipped to recognise and deal with those who suffer from serious mental health vulnerabilities . A system which operates by pigeon holing defendants cannot easily adapt and assess the safety of the trial process as it relates to men such as Ian Lawless. An assessment of the Lawless case will demonstrate how easily someone vulnerable can fall into this trap and become convicted of the most serious of crimes. Ian Lawless knew Alf Wilkins, they had drank together, and he and others all talked about Alf and knew of the allegations he had faced. In that culture of early 21st Century Britain Alf soon found himself on the wrong side of paedophile frenzy and was subjected to a campaign of hate and harassment by certain individuals, which ultimately he didn’t deserve. It was easy for Ian Lawless to become involved in the pub culture that was occurring at that time in the local area and the discussions that were taking place. After all, he knew Alf and his need for attention meant he had to be at the forefront of those discussions. When the terrible events of 21st February 2001 unfolded, matters took a decidedly unpalatable turn for Ian Lawless. Bound to the atmosphere and the events it was impossible for Ian to resist the consequences of his illness and he began to target what was a major event in the locality to suggest to his friends and associates that he knew something about it and had been involved. It wasn’t long before his wild assertions were being bandied about and there was little wonder that in due course a police
enquiry, under pressure to solve the murder, was able to bring Ian Lawless into the frame based exclusively on those confessions. One of the problems for the Crown was of course that all of those who gave evidence knew Lawless and about his frailties, they referred to them in their witness statements. One might have thought this would have set alarm bells ringing with the police, instead Lawless was charged and remanded into custody. Disturbingly and surprisingly, shortly thereafter a “cell mate“ surfaced purporting that Lawless had made admissions to him, he however was someone who was well known to the police and was seeking a discount to his sentence for this ‘information’. It was hardly the recipe for a sound prosecution. Despite the “confessions”, Ian Lawless was strong and resolute in his denials of the matter during police interviews and described himself as an idiot for making confessions which were not true. Perhaps the most striking aspect of these confessions was that they did not contain any shred of case detail at all, nothing Ian Lawless could say disclosed any accurate knowledge of the offences. The devil here was in the lack of detail he could offer to the police. Put simply, he was claiming to act as a lookout because he didn’t actually know anything about the offences and it was little wonder a co-accused told the police that there was an idiot bragging that he was involved in the offences. He of course wasn’t an idiot; he was a man who clearly presented serious psychological problems which those concerned were ill equipped to recognise. If the police investigation was concerning, the failure of his trial team not to seek psychological evidence appears lamentable. The original defence team were content to rest Mr Lawless’s mental evaluation on a passing conversation with a “prison psy-
chiatrist” whom none of the team can now even identify. There was in reality no formal assessment of Ian Lawless’s mental functioning undertaken despite references from the prosecution witnesses themselves that he had problems and was a fantasist. Of course he wasn’t someone suffering from a classic mental health illness, it was at his psychological level that his behaviour and reasoning was flawed yet the signs were patently evident from the accounts of the witnesses. These were very concerning confessions and it was not in the least surprising that the Jury carefully deliberated for many days. The Trial Judge did the best he could in raising concerns over the confessions, but without any clear expert assistance over why a man would make such false confessions, and particularly why he could have done so appearing to be distressed, the jury were left in an invidious position . They were left to convict Ian Lawless on his own evidence and were not even aware of the comments of the co-accused that Ian Lawless wasn’t even involved due to restrictions at that time on the law of hearsay. So it was that Ian Lawless was convicted of murder and started on the road of serving 8½ years for an offence which in the strongest possible likelihood he never committed. The nature of the appeal process meant his 2002 Appeal on technical matters from the original trial failed and he was consigned to hoping a new legal team and the Criminal Cases Review Commission might be able to help him. The Commission isn’t always universally applauded for the way in which it reviews cases. This case however exemplifies that
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when the Commission listens and does see real concerns with a case it can make a significant contribution and meet all the aims for which it was set up. Submissions by Ian Lawless’s new legal team and the Commission’s own review coincided with the same view that potentially the failure to obtain psychological evidence was a fundamental error, and that such evidence could potentially address the central issue in the case to be determined by the jury; namely whether there was a reason why Ian Lawless made those confessions which would support a view that he was not responsible for those offences. The Commission instructed Gisli Gudjonsson, the eminent forensic psychologist who has made a significant contribution to the plight of many wrongfully convicted vulnerable individuals over many years. He carefully weighed up Ian Lawless over a number of interviews and as a result of that work reached a conclusion that he was suffering at the material time from an attention syndrome which required him to be the centre of attention by making up stories and accounts. Further and significantly he was able to identify two matters; firstly the symptoms of the syndrome would mean that he would be distressed at the time he delivered these accounts - a feature relied upon by the Crown to support the “truthfulness“ of the accounts. Secondly, that once he realised the consequences of his actions it would be perfectly normal for him to then make clear the accounts were untrue – he did not suffer from suggestibility which would leave him vulnerable to undue pressure from the police. It was clear that this squarely answered therefore the circumstances of the confessions being given, why they seemed plausible and the reason why Ian Lawless distanced himself from the accounts immediately at interview. As to the “Cell Confession”, the position was either that this was an entirely false account and the men never had access to each other (as Ian Lawless would advance) or the position was as suggested by the Commission that Ian Lawless was suffering from the same syndrome in custody and had access to alcohol at HMP Wolds. Either way this was really secondary to the crucial factor in this case, the psychological evidence. And so the case was referred. It is disappointing that the pressures on the system meant that whilst this case was sent to the Court of Appeal on 15th October 2008, it wasn’t actually heard until 16th June 2009, especially as the Crown had conceded the case by March of this year. Nonetheless the 16th June proved to be a remarkable day as the conviction of Ian Lawless was finally quashed and few wouldn’t have been moved to see him re-united with his daughter and family on the doorsteps of the Court of Appeal. What then does this whole episode demonstrate to us? Ian Lawless joined a select band of notorious wrongful convictions of men who were vulnerable and found themselves on the wrong end of a conviction - cases such as Barry George, Sean Hodgson and Stefan Kiszko to name but a handful. Unless the plight of vulnerable people in the Criminal Justice System is effectively tackled there will be many more cases like Ian Lawless Mark Newby, Solicitor Advocate Jordans Solicitors LLP – Solicitor for Ian Lawless
Barrister or solicitor … what’s the difference? David Anderson draws the distinction between solicitors and barristers and what clients need to be aware of reference their respective ability to handle cases It used to be the case that solicitors were not allowed to wear wigs in court when representing clients, but now that restriction has been removed. The only difference is therefore in the training and in the work they do. Who is entitled to have a barrister represent them? Every person charged with a criminal offence has a right under legal aid to have a barrister represent them in court. Of course, this is not always necessary as many solicitors are well qualified to represent clients in court as well as to prepare cases, but good solicitors should explain why they are not instructing a barrister if they are doing the case themselves.
David Anderson t used to be the case that barristers and solicitors did very different jobs. A solicitor would prepare a case and then instruct a barrister who would stand up in court and present the case to the Judge and the jury. Before 1994, solicitors were not allowed to present cases in the higher courts of England and Wales and only barristers had that right.
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Since 1994 and the Access to Justice Act, solicitors have been granted what are called higher court rights of audience, which allow
them to present cases in court as well as to prepare cases. Solicitors can therefore handle cases from the police station through to the highest court of appeal. Barristers, on the other hand, continue to focus solely on presenting cases in court and are specifically trained in advocacy and the skills needed to present a case. They do not carry out the preparatory steps that solicitors carry out (and in fact are prohibited from doing so by their rules of conduct) and they only come into a case once a solicitor instructs them as a specialist advocate to represent a client, much like a doctor sending a patient to a surgeon for specialist treatment. With specialist training and a constant experience of representing clients in court, barristers are able to focus their skills solely on presenting cases.
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j u l i a n . h a y e s @ h a y e s l a w. c o . u k f r a n c i s . f e n e g a n @ h a y e s l a w. c o . u k
So when does a solicitor instruct a barrister? Practise varies. Solicitors are under a duty to ensure a client gets the best representation he or she can and if this includes the need to instruct a barrister, a solicitor should take that step. Depending on their individual ability as advocates, some solicitors very rarely instruct a barrister. Only when a case is particularly complicated will some instruct a barrister, who is likely to be highly qualified and skilled at presenting a case to court following years of experience of doing only that. Many solicitors will regularly instruct barristers, with the solicitor preferring to concentrate on preparing the case while the specialist barrister presents the case in court. Barristers also bring an independent, fresh view to a case, often enabling them to focus on the key issues. The cases for which a solicitor will advise a client to use a barrister will depend on a number of factors, including;
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1. The difficulty/complexity of the case 2. The ability of the solicitor to properly represent the client in court 3. The experience of the solicitor in advocacy 4. The wishes of the client (some clients will feel more comfortable with the solicitor or will specifically request a barrister) 5. How busy the solicitor is and therefore how much time he has available to properly prepare the case. Solicitors are under a duty to ensure that their clients receive the best representation that they can. If this means that the case requires that a barrister be instructed a solicitor should strongly advise his or her client of this requirement. Even if the solicitor does not believe this is necessary, a client has a right to request the representation of a barrister in court and that representation will be funded by legal aid (provided the client is eligible for legal aid). Solicitors are under a duty not only to represent clients to the best of their ability but also to inform the client of their right to different representation where it is needed. A good solicitor should tell a client of his right to a barrister. What should I do? If you are charged with a criminal offence you should be very careful to select a solicitor that is best suited to your case. Don’t be afraid to ask a solicitor what their experience is and what their skills are. If your solicitor instructs a barrister don’t be afraid to ask why he or she has chosen that barrister and what their skills are. The internet is a great resource for looking at the skills of those who are representing you. If a solicitor or barrister does not have experience of being involved in a case like yours then they are unlikely to be the best person to represent you. The personal profile or CV of a solicitor or barrister should be available on their website or on request, and you should be able to compare this with others in the market to make sure you have the best person for your case. Make sure the person representing you is the best person for the job! David Anderson is Development and Support Services Manager at St John’s Buildings Barristers Chambers in Manchester
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POCA ever after? Shahreen Khatana maintains the essence of success in POCA cases is to have not just a good team but the best and most dedicated team of professionals from all the fields … certainly not obtained by the ‘one size fits all’ strategy.
Shahreen Khatana nce upon a time in a world far away where the sun always shone, Cinderella danced with Prince Charming, there were Pumpkin carriages everywhere and not a Group 4 sweatbox in sight.
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Those were the days of ‘paradise by the dashboard light - in the pumpkin carriage’ Meatloaf referred to when he croaked ‘it was long ago and it was far away and it was so much better than it is today’. Yes, that certainly applies to those distant prePOCA days where the sun was always shining and fair maidens danced happily in lush green meadows. Unfortunately, whether you like it or not those happy days are long gone and POCA is here to stay. So forget about that distant fairytale land without POCA and archive it away with the leprechauns and goblins. The reality is that the world is now full of lots of ugly sisters sat on both sides of the fence, in both her majesty’s hostelries and also the ones, with the daggers shining, behind the scenes in POCA enforcement land. Sadly, without a Prince Charming in sight … or is there? Will they live happily ever after? From my experience, many defence teams are still made up of the same old ugly sisters so you have to work hard to find the odd Prince Charming amongst them. And that’s the hard bit, but it’s possible and in fact essential if you are determined enough to really want that ‘they lived happily ever after’ ending. Especially if you want the ending to be ‘they still lived in their own house that wasn’t repossessed or taken off them by the CPS, happily ever after’ ending. You may have noticed every second word uttered by a lawyer these days who’s ever worked on even a single POCA case is ‘draconian’. That seems to be the post-POCA buzzword and it’s probably been set in the first nights homework at the school for POCA lawyers training to be ugly sisters.
This seems to have followed a trend started in the 90’s when everybody was trying to achieve ‘Total Quality Management’ and the perceived measure of an individual’s knowledge and ability in management was related to the number of times ‘TQM’ and ‘let’s focus’ were repeated, with an abundant sprinkling of ‘it needs to be strategically re-engineered’. What a load of … ‘Pumpkins’!
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Every case is unique and every defendant and his circumstances are unique. That needs an individually chosen and designed team that is best suited for that particular case
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Well, draconian it may well be, and I accept that was the intention of parliament, but unethical, deceptive and unfair it shouldn’t be. If you’ve ever read a POCA section 16 statement as part of your bedtime reading, in between FHM and Nuts, you will no doubt realise the unfairness of all the assumptions and presumptions, along with a liberal sprinkling of double and triple accounting. Of course a good forensic accountant on the team is a considerable asset in that regard, but as with all the other assets they are trying to take off you, it must be one that is resilient to attacks and cross examination, and one that won’t be taken off you along with the Porsche and the luxury villa in the Bahamas the prosecution keep telling you are ‘hidden assets’. We all know and accept the point that as an expert witness the forensic accountant, along with any other expert, is totally independent and his or her main duty is to the court and not the defence. That’s all well and good but in a recent case, I was approached by a defence team that had instructed a par-
ticular accountant, possibly because they were the friend of one of the firm’s partners or maybe they were the resident accountant that was always used by the firm for every case that came along and had a ‘reciprocal arrangement’ with them, but in this instance their approach caused the defendant considerable pain. The prosecution’s benefit figure amounted to some £1 million or thereabouts but when the forensic accountant was instructed his report came up with a benefit figure of over £3 million! The motto of that, of course, is to make sure you don’t just have the standard ‘one size fits all’ forensic accountant from your lawyer’s bookshelf but make sure it’s the right one and a good one that doesn’t score own goals! The essence of success in POCA cases is to have not just a good team but the very best and most dedicated team of professionals from all the fields that are needed and one that can work together to formulate a winning strategy for you. That is certainly not obtained by the ‘one size fits all’ strategy. Every case is unique and every defendant and his circumstances are unique. That needs an individually chosen and designed team that is best suited for that particular case. The comparison being an individually and bespoke suit that is made to measure and will fit perfectly and
look good as opposed to one that is picked up off the shelf from your local supermarket. As we all know, there is nothing worse than someone being dressed in an ill-fitting suit and if you wore that in front of the jury you would probably end up getting double the sentence! Is it worth the risk? So when choosing your team don’t just look at the pretty adverts and end up as Little Red Riding Hood facing the wolf dressed up in Grandma’s clothing ready to eat you! On a final note, in May this year some new guidelines came about introducing what the government lovingly refer to as ‘plea agreements’ in serious fraud cases. These will come about after what they refer to as ‘plea discussions’, usually initiated by the prosecution. In essence this will result in a package being put together in front of the judge that includes possible suggestions for sentencing and even the subsequent confiscation orders to be made. However, it is important to realise in all this that the court is under no obligation to accept this and the fact that there is actually still no guarantee of the sentence to the defendant in the end. In addition, there may be a conflict between the contents of such a ‘plea agreement’ that has been reached between the parties and the duties of the court under POCA. The government seem to be currently ignoring this issue so once again be aware of the story of Little Red Riding Hood and don’t end up getting your Pumpkins bitten off by the wolf! There is no ‘happily ever after’ only ‘POCA ever after’. For any questions or advice on POCA please contact us at POCA Consulting Ltd (see advert page 39). Shahreen Khatana is Director and the ‘Princess Charming’ of POCA Consulting Ltd
hose readers who in May this year read my article in Inside Time on fair trials will appreciate how distinctly unimpressed I have become with the gradual intrusion into a suspect's civil liberties and the erosion of the principle of fairness during the trial process. The purpose of this article is to highlight a very worrying issue, and that is how the constant reduction in funding in criminal legal aid could affect a defendant’s representation and potentially increase the number of miscarriages of justice.
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Access to justice is at present a very hot topic. We have already seen relatively recently the financial eligibility arrangements introduced in the Magistrates Court. This has left a vast increase in the number of Defendants facing criminal charges (often serious) and the prospect of trial and sentence without representation; and often facing the possibility of a prison sentence. There is talk now of introducing such measures in the Crown Court. The Government believes that the criminal legal aid budget needs to be reduced drastically. The Magistrates Court changes was the just the beginning; next came fixed fees in the Police Station; now, Solicitors' firms are paid a set fee for attending the Police Stations irrespective of the number of times an attendance on the client is required (unless the attendance exceeds a ridiculously high threshold). The Solicitor is no longer paid an hourly rate. What effect does this have? Well, let me draw an analogy; if you pay a man a £5 fixed fee to clean your car, he is likely to finish the job in 5 minutes. Pay him for the time it actually took to do the job and you will undoubtedly receive a cleaner car. I am sure that the vast majority of Solicitors would provide the very best advice and assistance regardless of the fee involved, but this analogy does raise interesting issues. Certainly Lawyers within my firm
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Access to justice David Wells believes that the Government has further erased justice and fairness from the political dictionary would not be in gainful employment if they were seen or heard to be cutting corners. As a firm specialising in criminal law, we recognise that acquittals are often dependant on quality advice being tendered at the detention stage of the trial process.
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What is not so good is that of those firms who can demonstrate a set degree of competence within the field of prison law, available funding will be cut. Once again, the effect this will have on prisoners' rights appears to have been ignored, particularly in relation to the issue of effective representation.
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In the next year or so, Solicitors carrying out criminal law will be required to compete against each other in a bidding
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process in order to be allocated the ability to conduct criminal defence work under legal aid. Solicitors' firms are being asked to declare what they perceive to be the minimum fixed prices they would require (and be prepared to accept) in order to represent clients at the Police Station and at the Magistrates Court. This is like an auction but where the lowest offer wins. This will mean that firms who are successful will be conducting casework at base rates. Many law firms will close and of those that survive, financial pressures will increase. Practising criminal law will no longer be based on ability, but on cost. The Government has spent so much time in recent years assessing the quality of Solicitors, and ensuring that those who practice criminal law achieve a certain high standard of compliance, it is difficult to see how such future changes can sit well with achieving quality. There is a real danger that a Defendant’s right to a fair trial will be curtailed due to the financial pressures forced upon lawyers to do an often tricky and time consuming job for peanuts. At the moment, lawyers carrying out appeal work remain unaffected by the changes that are expected. For how long is anyone’s guess. Those contemplating and involved with appeals are able to receive access to advice and assistance. Prisoners, however, have not escaped the change. When the Magistrates Court and Police
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Station changes came into effect, the rise in law firms offering prison law advice and assistance rose significantly. You only have to compare the number of Solicitors' firms advertising now in Inside Time to those advertising a few years ago. Those firms are doing nothing more than adapting to the changing financial climate. But prison law is a specialist area. It requires an approach entirely different to that of most other areas of criminal law. At the moment, anyone with a criminal legal aid franchise can offer prison law assistance. In the future, that is not likely to be the case. Quality standards will be set and that is a good thing. What is not so good is that of those firms who can demonstrate a set degree of competence within the field of prison law, available funding will be cut. Once again, the effect this will have on prisoners' rights appears to have been ignored, particularly in relation to the issue of effective representation. The Government’s only consideration is to reduce cost. Justice and fairness yet further erased from the political dictionary. Despite my concerns regarding the inevitable pending changes, lawyers like myself and my colleagues will continue to recognise that access to justice is the key to justice. However, these developments, and the identifiable trend of reducing a person's ability to obtain quality legal advice, in my opinion can only lead to some inevitable cases of wrongful imprisonment and ineffective representation. My firm, like many others, will adapt to the changes impressed upon on us - we have to. Whilst the current system is by no means perfect, if ever there was a situation where the expression “if it ain’t broke don’t fix it “applies, this is it. David Wells is a partner with Wells Burcombe Solicitors
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Parole Board delays Seven years after a landmark decision, Matthew Stanbury and Rachel Baldwin consider whether arrangements for the provision of lifer parole reviews have improved in any meaningful way
Matthew Stanbury and Rachel Baldwin n 30th May 2002, the Court of Appeal delivered its judgment in R v Secretary of State and the Parole Board ex parte Noorkoiv. The court was charged with considering, in particular, whether the arrangements for the provision of end-of-tariff lifer reviews were compliant with Article 5 of the European Convention.
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The practice at that time was for the Secretary of State to refer lifer cases to the Board six to nine months prior to tariff expiry. Cases would then be referred to the Board in quarterly ‘batches’: the net effect of which was that many prisoners would not enjoy a review until some 3 months after their tariff had expired. The Court of Appeal roundly rejected any suggestion that the arrangements resulted in a breach of Article 5 (1) of the Convention: the delay itself did not render the detention of that person unlawful. However the court found that the arrangements were in breach of Article 5 (4) as they did not result in a speedy review of lifers’ detention post-tariff. The court specifically considered that a delay of 3 months resulted in such a breach and noted:
how in detail to proceed. If further resources are seen as necessary they must be provided.”
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the ICM process involves little more than a member of the parole board considering the parole dossier and issuing directions for what needs to be done before the dossier is fit for an oral hearing. The Board member then has no further part to play as the dossier is passed back to a caseworker.
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“The Parole Board lacks resources in terms of judges and psychiatrists because they have not been made available to it by other government departments ... It will be for the Secretary of State to consider
The arrangements for the provision of end-of-tariff hearings have changed almost beyond recognition since Noorkoiv; but have the further resources spoken of been forthcoming? And is the present system compatible with Article 5 (4)? The present system for the listing of endof-tariff hearings is centred around the parole board ‘intensive case management’ (ICM) scheme. The scheme is questionably titled: the ICM process involves little more than a member of the parole board considering the parole dossier and issuing directions for what needs to be done
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before the dossier is fit for an oral hearing. The Board member then has no further part to play as the dossier is passed back to a caseworker. Unfortunately, it is our experience that the caseworker does not go onto make any checks as to whether its directions have been met, or conduct any further case management after the initial stage. This creates a problem because until the main directions have been met, the case is not put forward for listing. In practice, as the Parole Board generally does not chase up directions, the periods of delay can be substantial unless you have a representative who can get involved and get things moving. Under ICM it is envisaged that cases will ordinarily be referred to the Board by the Ministry of Justice six months prior to tariff expiry. That the government does not have an effective system for notifying the Board of tariff expiry dates is entirely unsatisfactory; however late referrals are nonetheless common. Where a late referral has occurred the ICM rules allow for the process to be sped-up to ensure that the case is still heard on time. Again, it is our experience that this is not happening in a number of cases; indeed in practice the Board often disregards the timetable envisaged under ICM where there has been a late referral: often allowing several weeks for probation officers or psychologists to prepare a report, resulting in significant further delay. Further the ICM directions specify a ‘target month’ for the review which is often many months post-tariff in any event. It is our recent experience that the target month is rarely met and many prisons appear unable to facilitate reviews until at least six months post-tariff; sometimes the delay is even longer.
The delays are also ever-present in the case of further parole reviews, which are often currently taking place at intervals of greater than the two years provided for by statute. In summary it is our experience that seven years on from Noorkoiv the arrangements in practice are hopelessly ineffective. If there has indeed been further investment by government then it has been woefully inadequate. Further the continuing and increasing delays in the provision of oral hearings demonstrate that the scheme does not come close to satisfying the UK’s Convention obligations. It is an inevitable consequence that judicial reviews resulting from delayed oral hearings continue to be more numerous than ever; as they often represent the only effective means of achieving progress. It remains the case that a number of lifers and IPPs continued to go unrepresented at hearings; we would strongly advise that anyone with a current or upcoming oral hearing seeks representation from a prison law specialist who will assist them through the process and hopefully avoid them suffering the type of delays suffered by others. Matthew Stanbury is a barrister at Bank House Chambers, Sheffield. Rachel Baldwin is a Prison Law specialist and trainee solicitor at Jordans Solicitors Doncaster
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Civil Recovery Orders … the latest way to lose everything
Aziz Rahman and Jonathan Lennon Regular readers of this column will know all too well about the provisions of the Proceeds of Crime Act 2002 (POCA), either because of restraint or confiscation proceedings in the Crown Court. However, more and more people are painfully learning all about another aspect of this draconian legislation, namely civil recovery. ARA/SOCA POCA created an agency called the Assets Recovery Agency (ARA). The ARA was not a prosecuting body – its main role was to issue proceedings in the High Court in civil proceedings seeking ‘recovery’ of property which was said to be or ‘represent’ the proceeds of crime - or as the Act puts it ‘property obtained through unlawful conduct’ (s304). The ARA’s function was to take the profitability out of crime. In practice it gave the authorities a second bite of the cherry where they could not prosecute a case. The defendants in such civil actions would not of course go to jail but they stood to lose everything they had. However, the ARA was not a success. It spent more than it ‘recovered’. The ARA was abolished and on 1st April 2008 its functions were taken over by the Serious and Organised Crime Agency (SOCA). Further, all the main prosecuting agencies now have the ability to issue civil recovery proceedings, e.g. Serious Fraud Office, Customs, CPS, etc. For the purposes of this article we will refer to SOCA, but what is said here applies equally to the other agencies. Issue of Proceedings Part 5 of POCA enables SOCA to issue proceedings in the High Court against any person who it ‘thinks’ holds property which is, or represents, property obtained through unlawful conduct, see ss242, 243. For SOCA, the advantage of going to the High Court is that it provides a civil procedure. SOCA need not bother with the cumbersome task of obtaining a criminal conviction from a jury who are convinced beyond reasonable doubt that the suspect is indeed a ‘bad ‘un’. In fact there is no need at all for there to be any criminal proceedings, and there is nothing preventing SOCA from seeking a civil order even if a defendant has been acquitted in the criminal courts. It is important to understand the concept that Civil Recovery is all about the property, not the guilt of the person holding it. That said, the authors are presently involved in an appeal case where we challenge the universal application of the civil standard of proof (balance of probabilities) and the pursuit of defendants who have been acquitted in criminal trials case of SOCA v Gale and Others. In that case, we have been defending the two main defendants who were acquitted of offences of drug dealing and money laundering in criminal trials in Portugal years ago, only to be pursued in the English High Court in a case relying on the very same allegations that were considered by the Portuguese. The challenge is partly based on the human rights of the defendants (Article 6 – right to be presumed innocent), and some recent helpful authority on confiscation cases. When can the Proceedings be started? In many cases SOCA will first of all apply for an Interim Receiving Order under s246, or possibly a Property Freezing Order. It depends
whether an Interim Receiver has been appointed or not. The effect is the same – SOCA has been to Court without your knowledge and obtained an Order which prevents you from dealing with, potentially, any of your assets up to a certain value. Breach of that Order is a Contempt of Court. If an Interim Receiving Order has been made then the Interim Receiver will become a large part of your life over the months of the litigation. The Interim Receiver is an individual, usually from an expensive large firm of accountants, whose role it is to trace the assets and produce a report for the Court. This is often the backbone of any litigation. The Interim Receiver is regarded as an officer of the Court and has significant powers to compel disclosure of documents and so on. POCA provides a 12 year limitation period. In other words SOCA can seek Recovery Orders for property which you obtained as long as 12 years before the proceedings were issued (s27A of the Limitation Act 1980). If however the Court finds that there has been deliberate ‘concealment’ of facts relevant to the issue of proceedings then it may extend the 12 years period (s32 of the Limitation Act 1980). We are currently challenging the precise method of applying the limitation period in ongoing appeal proceedings, though it is worthwhile noting that the Government is set on extending the 12 year period to 20 years under the Policing and Crime Bill currently going through Parliament. The alleged criminality is not limited to offences committed here in the UK. They can have been committed overseas as long as the offences would have been offences here too (s241). The authors are advising in a case involving a con-
tract to ship certain hardware to post war Iraq. The Iraqi government did not receive the goods but millions of dollars had been paid out. Those are the sorts of circumstances where it is at least possible that SOCA or the SFO might start proceedings in the Civil Courts recognising the difficulties of a criminal prosecution. What property can be ‘Recovered’? Anything! SOCA is enabled to seek a Recovery Order for any ‘recoverable property’ – that is any property obtained through unlawful conduct or property which represents property so obtained. This will include money in bank accounts, cars, houses … anything. It is also not limited to property in the defendant’s possession. In many cases 3rd parties, especially family members, are roped into the litigation as the money is traced through to properties that have passed to others. In such cases there is a defence of innocent possession (s308) but it can be seen that the legislation is punitive and is aimed at the property rather than the person. Funding When civil recovery was first instituted, many cases simply did not get off the ground as the Legal Services Commission either refused to grant legal aid or made it impossibly difficult to secure proper funding. Therefore Parliament acted to change the POCA provisions so as to allow any monies restrained under the proceedings to be released in order to pay for both reasonable living expenses and reasonable legal expenses – see s245C(5)(b). This creates a tension between the parties as the more money the defence lawyers charge, the less money will be left for SOCA if they are successful after trial - and thus the more pressure there is on them to settle. Of course if the defendants win they can expect to
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get their costs back. SOCA has reacted to this problem by seeking Orders for a losing defendant to pay the costs of the Interim Receiver – this can be many many thousands of pounds. This is grossly unfair, as the defendant has no control over those costs; again, we are involved in litigation challenging that approach by SOCA. The Litigation In essence, once you have been served with an Order (Freezing or Interim Receivership) then the often lengthy litigation process begins. First though, you have a right to apply to discharge or vary the Order that has been made – i.e. a challenge to the case right at the outset, or at least a challenge to part of it or the level of allowed living expenses. Assuming the Order is not discharged then the Court will make directions for service of evidence and other ancillary matters. The arguments for trial may simply be factual and rely on inferences about alleged criminal conduct, and any lack of obvious legitimate income or tax returns which could support the purchase of the two houses and so on. However, the case of R (ARA & Ors) v Green & Ors, The Times, Feb 27th 2006 should be kept in mind – in that case, Sullivan J. said that though there is no requirement to allege any specific criminal offence, a claim for civil recovery cannot be sustained purely on the basis of there being no identifiable lawful income. But remember, everything is ‘in’ – from hearsay to raw intelligence, there is little in the way of evidence that will not be permitted by the High Court because there is no jury. The Future The fact that all the major prosecuting agencies now have the power to take civil recovery proceedings means we are likely to see more and more use of this as the various agencies get used to the idea of using the High Court rather than the Crown Court. A powerful example is the Serious Fraud Office who after only 6 months of having the power to instigate civil recovery proceedings obtained, by consent, an order from the High Court for the payment of £2.25 million plus costs against the firm Balfour Beatty following an investigation into corruption allegations. In that case the amount concerned reflected the fact that Balfour Beatty had co-operated in the investigation and had indeed brought the issues to the SFO’s attention. This was no doubt less voluntary than it might at first seem; given the increasingly strict money laundering reporting conditions that companies have to comply with today (Money Laundering Regulations 2007). Given that, and the possibility of reduced financial penalties by co-operation, it is surely inevitable that SOCA and all the other prosecution agencies will find themselves more and more used to trips to the High Court than they currently have been up to now.
Aziz Rahman is a Solicitor-Advocate and Partner at the leading Criminal Defence firm Rahman Ravelli Solicitors, specialising in Human Rights, Financial Crime and Large Scale Conspiracies/Serious crime. Rahman Ravelli are members of the Specialist Fraud Panel. Jonathan Lennon is a Barrister specialising in serious and complex criminal defence cases at 23 Essex Street Chambers in London. He is a contributing author to Covert Human Intelligence Sources (2008 Waterside Press) and has extensive experience in all aspects of the Proceeds of Crime Act 2002.
Legal Q&A
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Insidetime July 2009 www.insidetime.org
this failure may have caused you to suffer a loss.
Inside Time Legal Forum
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Answers to readers’ legal queries are given on a strictly without liability basis. If you propose acting upon any of the opinions that appear, you must first take legal advice. Replies for the Legal Forum kindly provided by: ABM Solicitors; Chivers Solicitors; de Maids; Frank Brazell & Partners; Henry Hyams; Hine & Associates; Levys Solicitors; Morgans; Oliver & Co; Parlby Calder; Petherbridge Bassara Solicitors; Stephensons Solicitors LLP; Stevens Solicitors; Switalskis Solicitors and WBW Solicitors see individual advertisements for full details. Send your legal queries (concise and clearly marked ‘legal’) to our editorial assistant Lucy Forde at Inside Time, Botley Mills, Botley, Southampton, Hampshire SO30 2GB. For a prompt response, readers are reminded to send their queries on white paper using black ink or typed if possible. Use a first or second class stamp.
EA - HMP Wormwood Scrubs Q I was sentenced for two offences, one was
You would be well advised to contact a prison law solicitor to ask for assistance in establishing when your recall is due to be reviewed by the Parole Board and to put in representations.
CS - HMP Styal Q My FLED date was 6.8.08 but I was refused ROTL. When I was on bail there was a problem with my tag - which Securicor admitted – and on two occasions I was remanded in custody at the police station. My barrister advised me that I would be entitled to the eight days back and compensation. I have now been told that I will not get this time back and have been unable to make contact with my barrister regarding the time or compensation. What can you advise please?
SK - HMP Birmingham Q My index offence was committed
before April 2005. I was released on licence in October 2008 after serving 3 years and 4 months. 28 days later I was recalled for breaching my licence conditions. The prison is stating that I fall within the Criminal Justice Act 2003 and I will remain in custody until my SED - June 2010. I have heard that the period that I must serve depends on the date my index offence was committed.
A You were sentenced under the 1991 Act and as a long term prisoner you would have been released at the 2/3 point of sentence. It seems you were then recalled before your L.E.D. and this will have extended your L.E.D to the same date as your S.E.D. Although you have been told that you will have to stay in until S.E.D. this would of course be subject to regular review by the Parole Board who will direct your release if they are satisfied the recall was unjustified or your risk can be managed in the community.
A You are unfortunately ineligible for ECL as a result of your index offence. Regarding the 8 days back and financial compensation, you may want to consider contacting the Solicitors Regulation Authority as it would seem that what your lawyer told you may not be correct.
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TG - HMP Elmley Q When I was in jail I managed to control my Heroin addiction and eventually ended up using subutex. This was a great achievement for me. However, upon my release my medication was not provided for me. As a result of this I ended up using Heroin again and was eventually recalled. I feel the Prison was negligent, what can I do?
A You will need to contact a solicitor’s firm that specialises in clinical negligence. It is possible that you would have a claim for damages as on your explanation somebody in the prison failed to do their job properly. It seems arguable that
conspiracy to defraud and the other was money laundering. I am told by the prison that one sentence is under the 2003 Act and the other under the 1991 Act. Both offences had the same date so is this right? It is affecting my HDC application, is there anything I can do about this?
A
If your offences were committed after the 4th April 2005 then both should have been under the 2003 Act. Difficulty arises when an offence has a date range that spans the 4th April 2005. In those circumstances there is authority from the Court of Appeal that a person should not be prejudiced if their offence dates span a change in the sentencing regime. It would be advisable that you contact a prison law solicitor and ask for advice in relation to this as you may be able to have the error resolved before your HDC eligibility arises.
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EM - Address supplied Q In December 2004 I was arrested for indecent behaviour. I was ordered to sign the sex offenders register for 7 years. I was released in July 2008 and am not subject to any conditions other than the SO register and yet the police seem to think they can visit me as and when they want. Although my risk has been lowered, they say that I still have to advise them if I move. Is this right? Although the judge said I had to be on the register for seven years the police say it is for life. Please could you clarify this for me.
A Anyone convicted of a sexual offence, who receives a custodial sentence of six months or less, is required to register under the Sex Offences Register for 7 years. One of the requirements of the register is that a person must inform the police within 3 days if they move address. They must also inform police if they intend to spend more than 7 days away from their home or if they intend to travel outside the UK. They must also register with their local police every year. There is no requirement for you to inform police where you work or inform them of a new address prior to moving, but you must inform them within 3 days of moving. The police do not
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have the right to pester or harass you and you should consider, in the first instance, writing a complaint to a duty inspector at your local police station.
............................................... RD - HMP Standford Hill Q I have recently had my risk
assessment revoked after taking over the counter cold remedies which I purchased whilst ill at work. On return to the prison I was given a VDT which proved positive for opiates from the cold remedies. I accept the punishment received for a breach of trust. However, I would like clarification as to whether this would be considered a breach of licence once I have been released. I am concerned about the results of a drug test if I take over the counter medication again.
A You
were recently ‘punished’ in prison for having taken an illicit substance which proved positive for opiates. This was as a result of buying ‘over the counter’ flu remedies. You are concerned that once released, if you buy over the counter remedies again, you may be recalled on licence. You have spoken to internal probation about the matter however they state this is a matter for external probation. When you are released you will be subject to licence conditions. If one of the conditions is that you submit to random drug testing you will, of course, potentially be at risk of providing a positive result if you have taken an opiate based remedy. This is something you must discuss with probation, prior to purchasing any over the counter drugs; at least whilst you are subject to this particular licence condition. If you disclose that you have taken an opiate based remedy at the time of being tested and not discussed this beforehand you run the risk of a] not being believed and b] being recalled. I would suggest you keep any packets for the over the counter remedies you take which will show the contents and make up of the product. In the event there is a query over whether the remedy has provided a positive result or whether the result is attributable to having taken illicit drugs you can consider obtaining an independent analysis of the sample. This is something a prison law solicitor is able to assist you with.
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Legal Q&A
Insidetime July 2009 www.insidetime.org the jury went out the judge made it clear that he thought I had lied and the jury must have thought I had lied too. We both got 18 months. Should I have got a lesser sentence because I pleaded?
Banks on Sentence
A
Answers by Robert Banks, a barrister who writes Banks on Sentence, the book the Judges use for sentencing more than any other.
www.banksr.com Q I write on behalf of my fellow prisoners
defendant contests the case. Prisoner X imported half this amount. Assuming the importation was for profit and the defendant was working alone, I would expect many judges to give 15 months imprisonment. Some might give a year. Some might even give a suspended sentence or a community order because they consider shortish sentences achieve very little. Which sentence it would be would depend on the mitigation. 2) the maximum sentence for importing amphetamine is 14 years as laid down by the Customs and Excise Management Act 1979. The guideline case for cannabis and drugs in general is R v Aramah 1982 and the guideline case for amphetamine is R v Wijs 1998.
in Thailand. We thank you for the letter about maximum sentences. Prisoner X received 50 years for importing 250 grammes of amphetamine and is eligible for repatriation after serving just 4 years in a Thai prison. He returns to the UK next year to serve 45 years (50 - 5 years). He will not be paroled until 2032. A civil servant from NOMS says (as he has said for all of us) that there is no problem in the UK enforcing Thai sentences after defendants have been repatriated. Please e-mail me the answers to: 1] What is the maximum/likely sentence for someone with no previous or related offences convicted of importing 250 grammes pure) of amphetamine? 2] Is there a statute or legal precedent (such as Aramah) which limits the sentence for Class B drugs?
You may be interested to know that the Sentencing Advisory panel has issued a consultative paper suggesting reduced sentences for importation of drugs. However, I do not expect the proposals to be accepted.
A
Your letter underlines the futility of deterrent sentences. Prisoner X will have lost a useful life and his sentence in the UK will be funded by the UK taxpayer. The answers to your questions are: 1) this will depend on the role played. The guideline case says that for amounts of up to 500 grammes, sentences should be up to 2 years imprisonment. This is for when the
Q I pleaded guilty to violent disorder. My sentence was put back until my mate had been tried; he was up for the same charge. I gave evidence for him hoping to get him off - in fact I think I made it worse. He was convicted. After
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The fact you both received the same sentence does not mean you did not receive a discount for pleading guilty. Both the sentences would be determined after the judge had considered the role each of you played in the offence, the mitigation available and the previous convictions etc. However, the Court of Appeal has decided that people should not be inhibited from giving evidence and defendants who give evidence for their co-defendant are entitled to a discount for their plea. This is so even if the judge considers the evidence given was lies.
Q
I am on remand for murder. I shot my husband after years of him cheating on me. I put his body in a wheelie-bin and dumped him where he deserved to be … on a rubbish dump. He was found about a month later. In my first interview I didn’t tell the whole truth. In the second, I told the police that I said just before the killing, “You’re going to die you cheating bastard”. I shot him first in his crutch and then, when he was on the ground, I shot him in the head. I have been told that the starting point for murder with a firearm is 30 years and someone else said it need not be. Which is right?
A I shall assume the sentence will be for
43
murder although I don’t know whether you can raise any of the defences to murder. The Criminal Justice Act 2003 says that where the seriousness is particularly high, the starting point is 30 years. It then gives examples of cases which would normally attract that 30 year starting point. The examples include: murder of a police officer or a prison officer on duty; a murder done for gain; a murder committed with a firearm and a murder involving sexual or sadistic conduct. The Court of Appeal has made it clear that each case will depend on its own facts. The determinative consideration will be whether the seriousness of the offence was particularly high. In one case they reduced the starting point for a woman who shot her husband from 30 years to 15. I would expect the judge considering your case to find that your case was aggravated by what appears to be punishment and revenge. Further, the shot between the legs would have been designed to cause humiliation and pain. I also don’t detect any remorse when you now say he deserved to lie on a rubbish dump. Also your disposal of the body and the obstructing of the police and coroner are recognised as aggravating factors. So in a way both of the views were right. Although I know nothing about the mitigation, I would be surprised if the judge did not start with 30 years.
>> Please note our new address for all PRISONER correspondence: Inside Time, Botley Mills, Botley, Southampton, Hampshire SO30 2GB.
Please make sure questions relate to sentences and not conviction or release. Unless you say you don’t want your question and answer published it will be assumed you don’t have an objection to publication. No-one will have their identity revealed. Facts which indicate who you are will not be printed. It is usually not possible to determine whether a particular defendant has grounds of appeal without seeing all the paperwork. Going through all the paperwork is normally not an option. The column is designed for simple questions and answers. Please address your questions to Inside Time, Botley Mills, Botley, Southampton, Hampshire SO30 2GB. (and mark the letter for Robert Banks).
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Book Reviews
Insidetime July 2009 www.insidetime.org
The Official British Army Fitness Guide
Kicked Out by Richard W Hardwick Gerard McGrath empathises with the remarkable story of a complex and troubled teenager with whom numerous prisoners will identify
by Sam Murphy Jane Andrews praises a book that perfectly demonstrates ‘healthy body, healthy mind’
‘Attention!' I am hoping that has made you sit up and read what I am about to say ... well, one can hope! I saw this book advertised in the Sunday Times and was immediately drawn to its ethos. This is truly an official Army guide because in the foreword, thanks are given to the staff at Headquarters - Army Physical Training Corps and the staff and students of the Army School of Physical Training, Aldershot; so you cannot possibly get more authentic than that! The fitness programmes in this book go right ‘back to basics’ because, in the Army's experience, that's what works. I have to say in my own experience, a healthy body attributes to a healthy mind, and so in reading this review I hope it may encourage you to think about your own health. And yes, most of you reading this will presently be on your journey through the prison system but remember; even though you have lost your liberty no one can take away your thoughts and feelings; so I hope you are still ‘paying attention!' This book however is not 'new' as such, because 'The Official Manual of Physical Training' for the Army was first published in 1908. Of course it has been updated mainly due to the latest sport science technology over the years, but from reading this fantastic manual to physical fitness the basics are still there. I know some of you may be thinking … ‘what about all the equipment I may need?’ Well, let me stop you right there because the Army considers exercise regimes in the civilian world are too complicated, too flexible or require too much equipment, and others take too long, or promise benefits that they simply cannot deliver. However, a word of warning ... please do not
think that a straightforward, no frills approach to getting fit is an easy option, because the exercises you will see are based on the actual activities used by the Army Physical Training Corps, although they have been modified to suit everyone. So, a sigh of relief for some thinking they would have to carry a full kit-bag on their backs every day! On a more serious note, this book also adds a caution to anyone about to undertake a tough regime such as this, and suggests you get yourself checked out by the doctor before beginning this or any strenuous exercise. So no heroics here … get the nod from the doctor first! The book is divided into three parts: 'The Basics', 'The Programmes' and 'The Practicalities', and you do not need to read the book from cover to cover in order to begin your exercise regime, because it states that if you already have a good level of fitness then you can go straight to the main programmes. It is also important to say that it covers exercises showing both men and women in the Army, so it not just for the ‘boys’. Throughout the book there are lots of 'Did You Know' and ' PTI Tips', but one that left a ‘mark’ on me was words to keep you motivated, for example … instead of 'give up' or 'should', you should say to yourself every day, 'I will' and 'I want'. So over to you on this one; get your copy as soon as possible as this may be the beginning of the rest of your life on the road to great physical health and fitness! ‘At ease!’
The Official British Army Fitness Guide by Sam Murphy is published by Guardian Books price £12.99 ISBN 978 - 0852651186 Jane Andrews is currently resident at HMP Send
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Of the books that Inside Time has invited me to review to date I have best enjoyed this one for reasons which I believe would be apparent to any reader. In this, the second sentence of my review, I have no reservations whatsoever in both recommending and commending this sapient novel to any reader. Author Richard W Hardwick, a teacher of creative writing at HMP Frankland, draws upon his observations and experience of working with young offenders to pen what, in my opinion, is a truly compelling page-turner. When I began reading I simply could not put it down; I missed my evening meal (given the standard of cuisine here at Haverigg no sacrifice to literature) and read it in one marathon session. The ensuing eye strain was well worth it. Richard eruditely employs the use of the first person singular to tell the story of his lead character; the complex and troubled sixteenyear-old Danny who is kicked out of home by his parents. With nowhere to lay his head, Danny has no option but a shelter for homeless teenagers which, as portrayed by Mr Hardwick, is anything but a pleasant and comfortable environment. He is befriended and shown the ropes by an equally troubled but more experienced and street-savvy fellow resident, Goochy. Other residents too are dysfunctional, feral, complex and troubled. Add alcohol, drugs, sex, crime, violence; you have the ingredients for ebullition on a grand scale. Through his various escapades and sundry binges, we witness the exponential emotional maturing of Danny as he reflects and self-analyses - but, there comes a point where a discovery about his family places him under intolerable pressure. I could cite and quote numerous examples to illustrate how well the sage Mr Hardwick portrays Danny's emotional maturing which engendered an emotional farrago within me. Suffice the following poignant example from the concluding paragraph of chapter fourteen,
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which is self-explanatory in terms of Danny coming to realize that sex is about much more than the carnal act: ‘It was the first time in my life I understood it was about more than bodies. It was like two levels. On the top, skin, movement, touch, sweat, feelings. Below, two people whose lives were fucked up, who'd fallen to the bottom of the pile, comforting each other, trying to keep each other safe and warm. And when we'd finished, arms and legs wrapped round each other, faces cuddled into warm necks, I wouldn't have cared if I'd died right on the fucking spot’.' I have made mention of the emotional farrago Danny's story engendered within me. Throughout the story there is an underlying pathos and poignancy which moved me. Danny's sardonic humour gives reason to smile, as do some of his escapades. In the manner of many teenagers he infuriates as only they can do. He appeals to my sense of humanity and equity as well as the element of the crusader within me. Danny's story reinforces and reinvigorates my willingness to challenge that which is inequitable. Sadly, there are many fellow prisoners who will recognise and identify with Danny's story, for whom no effective intervention was forthcoming and who now populate the likes of this establishment. Equally sadly, teenagers like Danny are increasing in number in our society. I perhaps risk being too effusive in describing Mr Hardwick's novel as something of an epistemology insofar as it educates and enlightens where the likes of Danny are concerned. Certainly, ‘Kicked Out’ adds to the body of knowledge with regard to the many disparaged teenagers failed by parents and society alike as well as being a great read. I conclude as I began in recommending and commending it to any reader.
Kicked Out by Richard W Hardwick is published by Burning House - price £7.99 ISBN 978 -1905636457 Gerard McGrath BA Hons is currently resident at HMP Haverigg
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Clarion Solicitors LLP Britannia Chambers, 4 Oxford Place, Leeds, LS1 3AX Tel: 0113 2460622
We can take on proceedings after conviction or after a confiscation order has been made, for a free initial consultation either call or write to: Steve Milner - Confiscation and asset recovery. “….knows the law inside out…’ Chambers 2009. Rob Rode - Appeals and other criminal matters. “…always does a fantastic job”. Chambers 2009.
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Domestic Violence
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Touring exhibition
Insidetime July 2009 www.insidetime.org
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urvivors of domestic violence tell their stories in a touring exhibition by photographer Sonalle. Ethnic minority women are portrayed in a striking series of images, accompanied by women’s experiences told in their own words. The women in the photos are now receiving assistance. Sonalle describes herself as “Indian, British born”. Her project is ongoing and any women interested in being photographed can contact Sonalle via Women in Prison. This exhibition will be touring London and nationally. Exhibition dates and venues can be found in www.sonalle.com This article originally appeared in the Summer 2009 edition of Women in Prison, a quarterly magazine for women offenders and ex-offenders. It is sent free to all women's prisons in England, and women should be able to find a copy easily. If not, please write to WIP and they will send you a copy. The magazine is published by a Charity, also called Women in Prison that supports and campaigns for women offenders and exoffenders. Please get in touch if you need help. Write or call free: Women in Prison, FREEPOST RRYS-ZCAB-TXCJ, 347349 City Road London EC1V 1LR. Freephone advice line 0800 953 0125
7 1 “During our relationship, I asked his family for help but they never helped me. His sister suggested to ignore what he was doing and concentrate on me and the baby. He strangled me on many occasions and stole money from me, so it wasn’t easy to ignore what he was doing.”
9
8 2 “All the time I had to do what he would say: where to go, what to do, how to talk. If he took me to see his friends, I had to be quiet and just answer questions.”
him because most of the time I was too scared to say anything.”
for help, asking him to stop because he was hurting me.”
........................
5 “At first I didn't even tell my best friend or my family about the abusive incidents. I felt ashamed of myself, being in such a horrible relationship and not being able to leave him.”
7 “She's held me up against doors by my throat. She'd think that I was seeing someone else or that I'd looked at someone in a certain way. When she got angry, she got really angry.”
4 “I only went to hospital twice whilst I was with
6 “I cried and screamed
8 “I didn't really notice
........................ 3 “He would control everything.”
........................ ........................
........................ ........................
at first but she started to isolate me away from people six months into the relationship. I did what she asked. I had to go everywhere with her.”
........................ 9 “I thought that once I was married I should do what my husband wanted because that's how I had been brought up.”
Can you read this?
CRESCENT & CO
Toe by Toe enables learners to learn to read from the beginning with one to one support.
Specialists Prison Law, Criminal Defence, Family Law & Immigration Passionate about prisoners' rights
It is for anyone who wants to learn how to read whilst in prison. Toe by Toe Mentors help others learn to read. Train to be a Toe by Toe mentor and develop skills in supporting others. It is a positive and highly rewarding way to spend your time in prison. For more information write to: Shannon Trust Freepost RLZZ-UTGG-ET-JS 38 Ebury Street London SW1W 0LU
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We cover all prisons throughout the UK and provide a quick response to requests for visits We are able to assist you in the following areas:Prison Law Judicial Reviews Adjudications Parole
Licence Recalls Categorisation & Transfers Lifer Reviews and DLP`s
Criminal Defence Appeals against Conviction and Sentence Confiscation Proceedings CCRC Family Law Divorce, Contact and Care Proceedings Immigration Appeals against deportation For immediate help and assistance please contact
Obi Baranta or Sulayman Dawodu
Cresent & Co, 2 Station Place, Finsbury Park, London N4 2DH
Tel: 020 7272 7202 (Mob 077 9404 9226) (EMERGENCY 24/7 - 07590 217078) LEGAL AID AVAILABLE
46
Inside Poetry
ST A R P O E M O F T H E M O N T H Congratulations to Jon Keeler - HMP Albany - who wins our £25 prize for ‘Star Poem of the Month'.
An encounter with a sea snake
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.
Blinding
Last Call First Call
Jamie Fletcher - HMP Erlestoke
Hannah Lester - HMP Bronzefield
Is he looking at me? Yeh, I reckon he is! Why is he eye-balling me? He thinks he’s the biz! I’m gonna go over there and give him a piece of me, Hang on a minute, is he looking at you? I can’t really see! I still reckon he’s dissing me and I’m gonna sort this out! I’m gonna go over there and give this kid a clout! No, wait he’s looking at you, maybe this is your fight! Go on mate get over there and smash him nice and tight! Wait a minute I think I’m wrong, he has a wonky eye, He aint looking at you or me, he’s looking at that other guy, Here mate he’s eye-balling you, what do you think of that? No he aint mate, he’s looking at him, it’s just the way he’s sat, So who is he looking at? And who’s gonna fill him in? Whys he giving it large when we don’t even know him? Someone’s gotta do something as he’s taking the Mick outta me! Hang on a minute, don’t be silly, he’s blind and he can’t even see!!
Keys jingle doors bang ‘Breakfast’ shouts a screw with an Irish twang ‘Last call meds’ before we’re unlocked So we’re left standing with a face of shock Down come the shutters breakfast done If you want breakfast you needed to run Pad mate wakes she’s not had meds ‘It’s too late, I called’ the Irish screw says As always the screws loving charm Still there, confused as to why girls self harm Another day dawns we collapse in defeat At least at dinner we had something to eat So as we lay in bed another day dawning We think of tomorrow’s eventful morning Keys jingle doors lock Early bang up five o’clock
Taken for granted
Rag and Bone Man
Rick Evans - HMP Dartmoor
Freddie Kirkland - HMP Camphill
Crossing over a busy road or sitting in a car Bright lights from the city shops or laughter from a bar A double decker bus, a taxi or a train Walk across the fields, I’ll get there in the end I could be walking on a beach or go to see a band Getting paid per hour, often cash in hand Popping to the shops or supermarket runs Four pints of ice cold milk, bacon and some buns Dinner for my sons sitting at a table Pork chops with some veg, always something staple Four bar signal on my phone, a message from a friend W-T-F and O-M-G, L-O-L and send A door that I can open and curtain I can draw Carpet underfoot and cutlery in a drawer A fresh cover on a duvet, a comfy double bed Clean fitted sheets and a soft pillow for my head These things we take for granted will always be the same But I know it won’t be long before I see these things again
I love the sound of iron and steel And the ring of metal too For they have earned me many a meal And earned me money too I love the sound of rustling rags The sound of pots and pans So I can put them into bags When they are in my hands I love the sound of wagon wheels And of horses feet For joy then in my heart will steal And make my day complete Now I am just a dealing man And love these things so well Listen to me if you can While my love for them I tell
Jon Keeler - HMP Albany In the hot Red Sea shallows I lay glass-faced Tube-mouthed, web-footed. Drifting above the white salt sand water land. Down and round flash-fish tipped from a tropic tank to this fluent sky. It came slow from swayed fern long string stripe snake banded in rugby red and white, essing straight, at me. It saw its mirror self in my glass face. Its arrowhead narrow, headed my two hundred pounds backwards to the beach, with its ounce of myth and venom.
criminal defence, prison law and family solicitors
SEB Solicitors Prison Law Specialist
We can look again
Legal services in the South West HMP Exeter, HMP Channings Wood, HMP Dartmoor • • • • • •
Criminal Defence Police Interviews Adjudications Licence Recall/Revocation Licence/Probation Problems Parole Board Applications and Hearings • Prisoner’s Rights
All aspects of defence law, prison law and family law work including divorce, contact and care proceedings. For more information contact Lesley Powell at Everys, 18 Southernhay West, Exeter, EX1 1PJ. T: 01392 477983
www.everys.co.uk
Insidetime July 2009 www.insidetime.org
The Criminal Cases Review Commission is the independent public body which investigates possible miscarriages of justice in England, Wales and Northern Ireland. For an information pack and application form, please phone us on 0121 633 1800 or write to Criminal Cases Review Commission, Alpha Tower, Suffolk Street Queensway, Birmingham B1 1TT. www.ccrc.gov.uk
Has your right been ignored, Act now! We are a specialist Criminal and Prison Law practice based in East London. We are willing to fight the Prison Service system for you and can provide effective advice and assistance in the following areas:
Licences recalls -Sentence Calculation Recategorisation & allocation HDC conditions & breaches Lifer reviews - Tariff reduction Parole - Criminal appeals and CCRC Adjudications - Human rights issues MDT and Independent urine tests Judicial reviews Criminal Defence - Appeal and CCRC Transfer to other prisons
Please contact Ms Shewli Begum or Mr Tuoyo Eruwa at SEB Solicitors, 328b Bethnal Green Road, London E2 OAG 0207 729 9042 or 0207 033 9697 We shall be pleased to visit you as soon as we hear from you
Insidetime July 2009 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.
Inside Poetry
Reality
Island Retreat
Jason Ryan - HMP Wealstun
Chris Allison - HMP Albany You yearn for the peace on a Scottish island so you rent this cottage for three months. The ferry comes twice a week weather permitting.
I make no apologies for being a mole. It’s what I am and I’m proud of that But I’m deeply misunderstood
What is Reality? I don’t think I’ve lived in Reality Since I was a child real Reality I don’t think so My life has been lived through a drug And alcohol haze that’s not Reality I’ve spent most of my adult life in jail Is that living in Reality? I don’t think so I’m 40 next and I don’t think I’ve Really lived or known Reality is that Sad or my stupid fault? Would I be able to handle living in Reality I have to find out because I’m sick of living a false life I know that’s Reality ...
Underground is where I’m happy. Sun hurts my eyes, cold stings my skin.
Skin and Bone Man
The Mole Sy Cobb - HMP Albany
And where have you ever seen earthworms in abundance on the surface? They’re my favourite – juicy worms which can see even less than me and I never tire of them. What I want to know is why you humans hate us. Look at it from my point of view: I need to live, I need a home; I dig tunnels and the soil has to go somewhere. Unless you have a better idea, we’ll keep heaping it on the surface. Sorry if that ruins your garden or your golf course but we were here first. That’s the way it is. >> Please note our new address for all PRISONER correspondence: Inside Time, Botley Mills, Botley, Southampton, Hampshire SO30 2GB.
Disco – HMP Peterhead I’m nothing but skin and bone man And yet I’m sinking like a f***ing stone I’ll be doing the junkie limbo alone man Someone cook me up the will to go on I’m a saint in the devil’s shoes man When there’s chemicals for me to abuse I’ll be rolling to the jailhouse blues man As I’m sailing through a sea of screws I’ve nothing but four white walls man The broken penal system has me by the balls I’ll be running from a deviant mind man As the sickness spreads throughout the halls Mr paranoia loves to scream my name man As he’s kicking down the cell block door Sweat on my back like a layer of frost man I’m not playing his twisted game no more I’m still young but I feel so old man The chains of time keep pulling me down There’s no hope for the skin and bone man Please forgive me, if I slowly drown
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. By submitting your poems to Inside Time for publication you are agreeing that they can be published in any of Inside Time’s ‘not for profit’ links, including the website, supplements and books. We will not permit any other publication to reproduce your contribution without first seeking your written permission. 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!
COMPENSATION FOR VICTIMS OF CHILDHOOD ABUSE We specialise in helping adults who were abused as children in the care system. If you suffered abuse in care and want our team to help you achieve justice call David Greenwood or Michael Thomas confidentially on 0800 542 3586 or write to:-
T h e G r a i n s t o r e , Wo o l pa c k s Ya r d , Wa k e f i e l d W F 1 2 S G
You love the gold-grey skies, the green seas, the squawks of gannets and gulls, the whistle of the wind till the roar of the gale. You don’t mind missing Eastenders, Match of the day, but the bloody mobile can’t get a signal. You really don’t mind the outside loo but you hate digging holes. You admire the two foot thick stone walls and the one foot square windows of the croft by the lock till November. Then you yearn for the Isle of Wight, for the crowded clamour of Cowes, for coloured sand, for ice cream, for sunshine.
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Paranoia! Ricky Killeen - HMP Frankland My mind plays games and tells me he’s staring I turn my head and all eyes are glaring I’m sure I heard someone saying my name It must have been something that sounded the same There are two people talking and looking my way I don’t know if my mind is trying to play I’m tensing up and getting frustrated My pupils expand and become dilated Does this guy think that I’m a joke? Or did these feelings stem from coke? What the fuck is he laughing at? Paranoia is loose and out the hat The voices inside are driving me mad It’s all in my head, of that I’m glad Getting real angry and staring back These people must think that I’m on crack Paranoia is rife within the wall It has made many big men fall I must control the demons inside Release the tension and take it in my stride
Good Night
The way I am and was
Wayne Ward – HMP Chelmsford
Shane Johnson HMP YOI Brinsford
I sit here thinking of you My love for you runs deep and true Your deep brown eyes have me hypnotised Every time I look into them I get butterflies Your smell, your touch, your warm embrace Bring a smile to my face
A little criminal That’s what I was A boy with a tale to tell That’s what I am
The way you make me feel And hold me close When I am sad and down It seems like the perfect place
A Twoccer of cars That’s what I was
I love the way you make me laugh For absolutely no reason at all I love the way you kiss me The way you hold me tight And I love the way you Say good night
A robber of houses That’s what I was
HENRY HYAMS
A ladies man That’s what I am
Locked up That’s what I am
NIKOLICH & CAR TER •
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SOLICITORS 7 South Parade, Leeds LS1 5QE 0113 2432288
Assistance with all Prison Law issues, in particular CCRC Applications, Adjudications and Parole Board Hearings
Categorisation Parole/Recall HDC Progression Adjudications Appeals/CCRC Lifer/IPP issues Judicial Review
Specialists in all aspects of Criminal Law with particular expertise in Serious Crime and Fraud Cases and Confiscation Proceedings
Contact our Prison Law Team Katy Cowans - Rebecca Seal Rachel Jamieson
For a prompt service please contact
Gareth Martin or Sarah Bull 19 Ralli Courts West Riverside Manchester M3 5FT 0161 831 5535
approved member of the Serious Fraud Panel
48
Insidetime July 2009 www.insidetime.org
Jailbreak
PROVERBS AND SAYINGS QUIZ Match the proverbs to the meanings - for example: Meaning: You say this when you are away from someone you love. Proverb or saying: “Absence makes the heart grow fonder.”
now see how you get on with these ...
6. Having the power to do something gives you the right to do it. Clue: Might
When you shouldn't hyphenate your name!
...................................................
7. There is no real difference between only just failing and failing badly. Clue: Miss
...................................................
8. People who have lots of money have more power and influence than others. Clue: Money
...................................................
9. When a small child has just said something that seems very wise or clever. Clue: Mouth
................................................... 1. Accept other peoples' opinion and behaviour even though they are different from your own. Clue: Live
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2. After an unpleasant experience you are careful to avoid something similar. Clue: Once
...................................................
3. When you love someone you cannot see their faults. Clue: Love
10. People remember and believe the bad things they hear about other people even if they are all later shown to be false. Clue: Mud
...................................................
11. A difficult new problem forces people to think of a solution to it.. Clue: Necessity
...................................................
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12. If we have not heard bad news it's likely that nothing bad has happened. Clue: News
4. People who marry quickly without really getting to know each other may discover later they have made a mistake. Clue: Marry
13. Something large and successful often begins in a small way. Clue: Oak
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5. The more people there are the more fun they will have. Clue: Merrier
14. You can't achieve something important without causing a few small problems. Clue: Omelette
Need Inside Advice? David Phillips and Partners can help out. We offer legal advice and representation on:· CAT A Reviews Independent Adjudications IPP and extended sentences Lifer hearings and Paper Reviews Parole Reviews Recall Reviews Tariff/ Minimum Term Reviews
0151 236 3331 "I would like to thank DPP and most of all Rachel Barrow. I feel no other legal firm could do a better job! Even the Prison Governor commented on David Phillips and Partners by saying he had never known in his time any solicitor to put so much hard work into a case. Thank you once again." Wesley Lafferty
Escape the technicalities and let us fight your case - call us now and ask for our Specialist Prison Law team.
24
Cr
cooper rollason solicitors The 24 hour Criminal Lawyers
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Established 1982 - 8th Biggest Provider of Criminal Defence Services
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Contact the Prison Law Team Simon Rollason Sarah Cooper Norman McDermott
49
Jailbreak
Insidetime July 2009 www.insidetime.org
TWENTY QUESTIONS TO TEST YOUR GENERAL KNOWLEDGE 1. What is the capital city of Brazil? 2. Which former First Lady in the Philippines is
12. Which TV journalist took over from
Andrew Marr as BBC political editor in 2005?
famed for her extensive shoe collection?
13. In which 1994 Disney film did Whoopi
3. In Greek mythology, which hero had to per-
Goldberg provide the voice of a hyena called Shenzi?
form twelve ‘labours’?
IQ 1. What is missing from the last circle?
?
4. In 2004, which country imposed Europe’s
14. In 2006, which Danish pop group had hits
first nationwide smoking ban?
with the singles ‘From Paris To Berlin’ and ‘Self Control’?
5. On which date in July does the USA
celebrate its independence?
15. The Evacuees and Bar Mitzvah Boy were
6. Of which US psychedelic rock band was the
both TV dramas by which award-winning TV writer?
late Jerry Garcia both the lead singer and guitarist? 7. In which Norfolk residence does the Royal
used by audiences in theatres and opera houses?
8. Which English designer and authoress is
17. Which fictional, sword-wielding, masked crime-fighter takes his name from the Spanish word for fox?
9. Which nineteenth-century British prime min-
ister wrote novels entitled Coningsby and Sybil?
10. Who was prime Minister of Australia when
the Queen made a state visit in 1992?
18. Which British singer had 1980s hits with the songs ‘Another Day In Paradise’ and ‘One More Night’?
that contains all of the known chemical elements?
died in 1927 when her long scarf became entangled in the wheels of a car?
20. Which is the ninth month of the year?
Licence Recall Adjudications Parole Hearings Categorisation Judical Reviews IPP queries for immediate help and assistance contact Lisa Gianquitto
01494 681442 or write to: HINE & Associates Solicitors 51 Amersham Road Beaconsfield Bucks HP9 2HB www.hineassociatessolicitors.com
What is missing from the last circle?
5.
Which letter comlpetes the puzzle?
7. Where does the missing hand go?
Answers on the back page
APPLEBY HOPE & M AT T H E W S
including:
6.
Which number comlpetes the puzzle?
Which of the smaller boxes follows the same rules as these six?
MW HMP DOVEGATE
PRISON LAW
Which letter comlpetes the puzzle?
8.
It's a Con
and all aspects of
4. 3.
ANSWERS CAN BE FOUND ON THE BACK PAGE
CRIMINAL DEFENCE
Which number completes the puzzle?
19. In chemistry, what is the name of the chart
11. Which American pioneer of modern dance
Specialisng in
2.
16. Which small low-powered binoculars are
Family traditionally spend Christmas?
famously quoted as saying that ‘Life is too short to stuff mushrooms’?
Challenge
SOLICITORS We specialise in:-
Recall Parole Applications Licence Conditions Criminal Defence Adjudications Judicial Reviews Lifer Panels ALP/DLP Cat ‘A’ Reviews Categorisation & Transfers HDC Tariff Reviews Lifer Issues Contact Kate Clark or Carroll Slaney
Appleby Hope & Matthews 35 High Street Normanby Middlesbrough Teesside TS6 0LE
01642 440444
4781032652986473
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Shepherd Reynolds Solicitors
Experts in Prison Law all over the UK
Here to help you throughout your sentence Tariff Settings
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Special Advice Hotline Service for Adjudication and Parole Issues Call Us Now!!! Contact: David Reynolds
Shepherd Reynolds Solicitors
[email protected]
2nd Floor, 6 Broad Road Sale Cheshire M33 2AL
Service throughout the North of England
0161 969 6415
50
Insidetime July 2009 www.insidetime.org
Jailbreak Gema Music Quiz
Identify the following pop groups or artists from these anagrams and picture clues:
CAPTION COMPETITION Michel Platini, the Uefa president and Prince William, the FA president, meet before kick-off of the Champions League final between Manchester United and Barcelona.
The new Gema Records catalogue is out now! (Spring 2009 No 112) It is packed with over 9000 new releases as well as a back catalogue of 20,000+ music titles covering all genres over the last 5 decades together with a Games section where many titles have been reduced in price since the last catalogue. For your own personal copy, please send a cheque or PO for £2 and we will send you a copy along with a £2 voucher to use against your first order Suppliers of Music CD’s & Computer Games, both new & pre-owned.
1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12.
O H AC L O K G N I I D E N G I O L N Y S V BAG E O W N T E S AY I N N I H N R OY K S E G R E N CEMEDODEHEP N R I T C P O I F N O AV R E N O T T R YA E G L C L A S Y M R H U G S R N I E D E S X N T I N DY ASBDEPYKELAEC DA O N S I N L A D T R T D S E AG I F R I R D H T A N R AT E G N R I E D M E
LAST MONTH’S WINNER
Catalogues cost £2 (postal order payable to ‘Gema’) but this is refunded with first order.
Gema PO Box 54, Reading, RG1 3SD. PROBABLY THE UK’s LARGEST MUSIC BACK CATALOGUE
Gema sponsors of Jailbreak LAST MONTH’S WINNERS
insideknowledge The prize quiz where we give you the Questions and the Answers! All the answers are within this issue of Inside Time - all you have to do is find them!!
John Hills - HMP Maidstone Nicholas Dabell - HMP Ranby Nigel Eyre - HMP Moorland See below for details of how to enter. The first three names to be drawn with all correct answers (or nearest) will each receive a £15 Gema Record Voucher & a free catalogue
?
The first three names to be drawn with all-correct answers (or nearest) will receive a £25 cash prize. There will also be two £5 consolation prizes. The winners’ names will appear in next month’s issue. Whose rate of pay in 2003 was a maximum of £9.50? What took effect from 1st July 2007? Whose case was sent to the Court of Appeal on 15th October 2008? Approximately how many former Service personnel are in prison? Who was once told that he was so stubborn ...’he could out-stare a stone’? Which former minister for the justice department may well be subject to a police enquiry? What was formed nearly 80 years ago by two Americans?
>> To enter any of the above prize competitions 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.
EP D
CRIMINAL DEFENCE & PRISON LAW SPECIALISTS
ERICA PEAT & DIABLE N AT I O N W I D E A D V I C E & R E P R E S E N TAT I O N O N SOLICITORS A L L A S P E C T S O F P R I S O N L AW I N C L U D I N G : For a fast, experienced and professional service Adjudications Judicial Review Categorisation Parole Review Licence Recalls Tarrif/Minimum Term Reviews please contact: Criminal Appeals & CCRC Cases HDC Applications
Simon Diable 020 8533 7999 SERIOUS CRIME SPECIALISTS WITH A TRACK 24hr Emergency RECORD OF SUCCESS IN CASES INCLUDING: 07968 358 509 write to:Erica Peat & Diable Solicitors 314 Mare Street Hackney London E8 1HA
No that’s not my dad, that’s the European Cup Another £25 prize is on offer for the best caption to this month’s picture. What do you think is being thought or said here?
Michael Llodra was one game down in the first set at Wimbledon when he raced across Centre Court to try to return his opponent’s drop shot. Although he made it, a split second later he careered into the umpire’s chair and collided with one of the ball girls crouched beside the net.
Answers to last month’s quiz: 1. Duran Duran, 2. Lionel Richie, 3. Hawkwind, 4. Human League, 5. Tears for Fears, 6. James Brown, 7. Dire Straits, 8. Carole King, 9. Mike Oldfield, 10. Ocean Colour Scene, 11. Shakira, 12. Red Hot Chilli Peppers
1. 2. 3. 4. 5. 6. 7.
Jody Mcilwaine HMP LITTLEHEY Well done, £25 prize is in the post
Murder/Attempted Murder Rape/Serious Sexual Assault Serious Fraud Drugs Importation & All Drugs Offences Blackmail False Imprisonment Armed Robbery
8. 9. 10. 11. 12. 13. 14. 15.
Who first experienced prison as a Borstal Boy some 47 years ago? Who had 13 Security Information Reports recorded against him? Which accountant was sentenced to 12 months hard labour? What is an uncommon condition called where the body produces too much stomach acid? Which former prisoner is going to Strasbourg to address the EU Parliament? As of October 2008, there were how many lifers in England & Wales? Who is angered that many people run and hide from words and ideas they disagree with? What happens on 22nd July at about 3.30am?
Answers to Last Month’s Inside Knowledge Prize Quiz 1. The Dance Academy, 2. 2005, 3. 84, 4. F&M, 5. Totally confidential, 6. Casper Gatrell, 7. Drop it, Hide it, Lose it, 8. IPP, 9. Gods, 10. Sex offenders, 11. Keith Rose, 12. Sir Alan Sugar, 13. Unlock, 14. HMP Parkhurst, 15. Sun and stand still LAST MONTH’S WINNERS
Our three £25 Prize winners are: Alicia Jenkins - HMP Send, Lee King - HMP Lowdham Grange, Scott Copeland - HMP Holme House Plus our £5 Consolation prizes go to: Scott Flynn - HMP Shotts, Ade-Gbenga Famuboni - HMP Highpoint
Make sure your name, number and prison is on all sheets. Post your entry to: Inside Time, Botley Mills, Botley, Southampton, Hampshire SO30 2GB. You can use one envelope to enter more than one competition just mark it ‘jailbreak’. A 1st or 2nd class stamp is required on your envelope.
CLOSING DATE FOR ALL IS 28/07/2009
Ansah Solicitors Specialist in... Adjudications
Licence Recalls
Judicial Reviews
Parole Hearings
Recategorisation
Appeals
Confiscation Proceedings
Police Station Attendance 24/7
Please contact us now for expert advice & representation Hilda Amoo-Gottfried 2nd Floor, 537 Norwood Road London SE27 9DL
020 8766 5836
Edward Leonards Solicitors
Immediate Visit, Proactive, Representation In all aspects of prison law HDC Conditions and Breaches Re-categorisation & Cat A Review Allocation and Transfer Issues Criminal Cases & Confiscations Appeals & CCRC applications Complaints about Maltreatment Tariff Setting & Written Representations Adjudications Licence Revocation and Recalls Parole Board Hearings
Criminal Defence Service
For Immediate help & assistance, call Mr. Edward Obioha 245 Walworth Road, London SE17 1WT
020 7252 7676
“QUOTES”
Comedy Corner Send in your jokes, you will receive £5 for every one we print! What do you call a woman standing between two goal posts? Annette! Norman Saunders - HMP Albany ........................................................... THE TRUTH HURTS Father: Now you are 10 years old son I want to tell you about the birds and the bees. Son (Crying): Oh no I can’t take this Dad. At 6 you told me there was no Santa; At 7 there was no Easter Bunny; At 8 there was no tooth fairy – Are you now going to tell me adults don’t really have sex? Farhad Khalili - HMYOI Portland ............................................................ TRADING PLACES Husband: Darling shall we swap positions tonight to spice things up? Wife: Sounds good to me, you do the ironing and I’ll sit in front of the telly breaking wind. Austin Jobling - HMP Lindholme ............................................................ A man comes home from work early and caught his wife in bed with his friend. He grabs a knife and chases the terrified man down the road. When he returned home his wife says, “carry on like that and you’ll have no friends at all.” David Matthews - HMP Woodhill ............................................................. BLOND MOMENTS Sharon and Candice at a village church reading headstones in the graveyard. “Crikey look at this one”, says Sharon – “there’s a bloke here who was 152! “
“That must be a record” replies Candice – “what’s his name?” Sharon reads out “It just says Miles, from London” JF - HMP Hull ........................................................... Question: What do you give a girl who has got everything? Answer: Antibiotics Paul McAndrew - HMP Everthorpe ........................................................... Dawn French has been dropped as the face for Terry’s Chocolate Orange - she’s distraught as it was her only source of Vitiman ‘C’. Paul McAndrew - HMP Everthorpe ........................................................... A teenager concerned about mislaying a little packet of pills innocently asks his Gran, “Have you seen any tablets laying around Gran? they’ve got LSD written on them”. “ I don’t care, I’ve got more to worry about than your stupid tablets boy - there’s a dragon playing the xylophone in the kitchen”. Mr D J Clarke - HMP Littlehey
Serving the South East
All aspects of prison law covered Please contact Catherine Bond 16 Mill Street, Maidstone, Kent, ME15 6XT Tel: 01622 678341
[email protected]
Experts in your interest
www.gullands.com
Match the following quotes to the pictures below, answers on the back page
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(A) He’s the angriest man you’ll ever meet. He’s like a man with a fork in a world of soup
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(B) Not until about halfway through your pint do you stop drinking for the Government and start drinking for yourself
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(C) A fanatic is one who can’t change his mind and won’t change the subject
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(D) If you want something said, ask a man. If you want something done, ask a women
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(E) Question: “What would you be if you weren’t a footballer?” Answer: “A virgin.”
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(F) If I’d asked my customers what they wanted, they’d have said a faster horse
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(G) Gordon Brown’s smile looks like it was photo-shopped from a much happier person
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(H) A jury consists of 12 people who determine which client has the better lawyer
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(I) If the world should blow itself up, the last audible voice would be that of an expert saying it can’t be done
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(J) Once you’re past 90 all you have to do is eat a soft-boiled egg and everybody exclaims about how wonderful you are
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2. Peter Crouch
1. Margaret
3. Winston
NOBLE SOLICITORS Specialising in Criminal Defence and all aspects of Prison Law Offering advice and assistance covering: Appeals against Sentence & Conviction Adjudications Lifer panel Representation Licence Recall & Parole Reviews Request and Complaints For an immediate visit, advice and Representation call:-
Noble Solicitors 21 High Street Shefford Bedfordshire SG17 5DD 01462 814055
4. Frank Skinner 5. Robert Frost
Churchill
Thatcher
Do you have any jokes (printable) that you would like to share with our readers? If so, send them in to: Inside Time (Jokes), Botley Mills, Botley, Southampton, Hampshire SO30 2GB. If you do not want your name or prison to appear please make it clear. You will receive £5 for every one we print so don’t forget to include your details even if you don’t want them printed.
CRIMINAL & PRISON LAW EXPERTS
51
Jailbreak
Insidetime July 2009 www.insidetime.org
6. Noel Gallagher 7. Alan Bennett 8. Peter Ustinov (speaking about his brother Liam
Twell & Co Advice and assistance in relation to all aspects of prison law. Contact Robert Twell or Shevette Adams - Rose
Twell & Co 3rd Floor, 48 Lugley Street Newport Isle of Wight PO30 5HD
01983 539 999
9. Al Murray
10.
Henry Ford
52
Insidetime July 2009 www.insidetime.org
Jailbreak
A DAY AT THE RACES WORDSEARCH F
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General Knowledge Crossword
Across
Down
Check forward, backward and diagonally, they are all there! Thanks to Jason Oram HMP Wellingborough for compiling this wordsearch for us £5 Donated to The Pathway Family Centre If you fancy compiling one for us please just send it in max 20 x 20 grid & complete with answers shown on grid if we use it we will send you £5 as a thank you!
I T SUDOKU
FIND THE HIDDEN RACE TRACKS AINTREE - ASCOT - AYR - BANGOR ON DEE - BATH - BEVERLEY CHELTENHAM - CHEPSTOW - DONCASTER - EPSOM - EXETER - FOLKESTONE FONTWELL PARK - GOODWOOD - HAYDOCK - HEXHAM - HUNTINGDON KELSO - LINGFIELD PARK - LUDLOW - NEWBURY - NEWMARKET PLUMPTON - REDCAR - RIPON - SANDOWN PARK - TAUNTON - THIRSKTOWCESTER - WINCANTON - WINDSOR - YORK
Answers to the crossword and sudoku below > NEXT ISSUE Week commencing 3rd August 2009
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Serving England & Wales over four decades
STOKOE PARTNERSHIP STOKOE PARTNERSHIP UNDER ARREST? SOLICITORS S O L I C I T O R S
The specialist in Criminal and Prison Law
The Specialist in Criminal Law Serious Crime Adjudications Appeals/CRCC Parole/Disciplinary • SERIOUS CRIME • TERRORISM Prisoner Rights Tariff • DRUG TRAFFICKING • SERIOUS FRAUD Licence/Recall All other matters • CASH SEIZURES • Prison MONEYrelated LAUNDERING
1. (1), 2. (6/6), 3. (3), 4. (I), 5. (H), 6. (2), 7. (6:10), 8. (F)
IQ Challenge
GENERAL KNOWLEDGE
General Knowledge Crossword
The Stokoe Partnership is a franchised
Our business is to provide expert, rapid
advice, assistance representation firm of independent solictorsfor with including All languages catered Greek,andFrench, in all aspects of criminal investigation. branches in Manchester and London in criminal law. Spanish,specialising Urdu,only Panjabi, Bengali, Hindi and Chinese.
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0161 237 5755 AVAILABLE – 24 HOURS
MANCHESTER OFFICE: MANCHESTER OFFICE LONDON OFFICE: The 4040 City Road, Deansgate, Manchester,M15 M154QF 4QF TheBoatmans, Boatmans, City Road East, Manchester MANCHESTER OFFICE: The Boatmans, 40 City Road, Deansgate, Manchester, M15 4QF 646-648 High Road Leytonstone, London, E11 3AA
Quotes (A)6 (B)9 (C)3 (D)1 (E)2 (F)10 (G)4 (H)5 (I)8 (J)7
I T SUDOKU
Jailbreak Answers
Elgin House 106 St Mary Street CARD DIFF CF10 1DX
LONDON OFFICE LONDON OFFICE:
You’re Not Alone
646-648 High RoadLeytonstone, Leytonstone, London, E11E11 3AA 3AA 646-648 High Road London, This Firm is aThis Member THE SPECIALIST FRAUD PANEL Firm is aofMember of THE SPECIALIST FRAUD PANEL Regulated by the Solicitors Regulatory Regulated by the Solicitors Regulatory Authority Authority
1. Brasilia 2. Imelda Marcos 3. Heracles 4. Republic of Ireland 5. Fourth 6. Grateful Dead 7. Sandringham
8. Shirley Conran 9. Benjamin Disraeli 10. Paul Keating 11. Isadora Duncan 12. Nick Robinson 13. The Lion King 14. Infernal
15. Jack Rosenthal 16. Opera glasses 17. Zorro 18. Phil Collins 19. The periodic table 20. September
