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insidetime the National Newspaper for Prisoners

A ‘not for profit’ publication/46,000 copies distributed monthly/ISSN 1743-7342/Issue No. 120/June 2009

...................... PAGE 26 60 PAGE ISSUE INCLUDING POETRY SUPPLEMENT

Rape: lowering the standard of proof New statistics are forcing a rethink on how we deal with rape allegations, writes Eric McGraw

T

he Attorney General, Baroness Scotland, has said she is not satisfied with the low rate of rape allegations that currently result in convictions. She believes it is a priority for her personally and for the criminal justice system to influence how juries see alleged rape victims. A Whitehall source added that ‘the conviction rates should be higher and we are working to make them higher’. In response to a Europe-wide study of rape convictions in which Britain came bottom of 33 countries, it revealed the conviction rate for rape had dropped to 6.5 per cent compared

with 25 per cent in France (although France with the same size population has twice the number of rape offenders. And nine other EU countries all have higher numbers of rape offenders per 100,000 of the population.) The number of rape accusations has increased nearly three-fold in the period between 1995 and 2006. But this, the Bar Association says, is partly a result of the widening of the definition of rape to include oral sex, in the 2003 Sexual Offences Act - making international comparisons more difficult.

It has also been noted on more then one occasion that rape cases are often distinctly weak, most involving friends and acquaintances and a lack of visible injuries coupled with a late complaint involving a blank memory of crucial events, very many involving drugs or drink. So it’s not so much a question of lack of sympathy or disbelieving the complainant, it is a question of proof or rather lack of it. And while it is probably right that the majority who report rape ordeals to the police are in fact real victims, there is a small but significant proportion who undoubtedly complain falsely

and maliciously. This is reflected in not infrequent reports of prosecutions of false rape complainants for offences of wasting police time and perverting the cause of justice when their lies are - often by chance - uncovered. Rape is a deeply vile crime and every effort should be made to ensure that real victims achieve justice through the convictions of the guilty, but this ambition will not be helped by treating rape as a special case and lowering the standard of proof for conviction.

The Sony Radio Academy Awards

The Sony Radio Academy awards ceremony, the Oscars of the radio industry and traditionally dominated by the big names of broadcasting such as Radio 1, had the limelight stolen this year by Brixton Prison’s radio station ‘Electric Radio Brixton’ which won two gold awards. Receiving the awards from left to right: Kim Townsend (Radio Tutor), Andrew Wilkie (Radio Station Manager), Steve Urquhart (Freelance Producer), David Dimmock (Deputy Radio Rachel Billington reports page 16 Station Manager), Katy Watson (Freelance Producer), Phil Maguire (Chief Executive, Prison Radio Association).

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Catering for faith .......................................................

a voice for prisoners since 1990

RAY CARRINGTON - HMP HULL

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.

I have been a reader of Inside Time for some time now and enjoy the interesting articles and features that cover various aspects of prison life. However, whilst you try and cater for all tastes within the prison system there does seem to be an obvious omission and that is in the area of faith and the role of the prison chaplaincy. Now I realise you are not a religious newspaper and that space is somewhat limited, however as faith plays a huge part within prison it would seem you are missing something here.

Registered Office: 27a Medway Street, London SW1P 2BD ©

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a not profit

publication

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. John D Roberts - Former Company Chairman and Managing Director employing ex-offenders. Louise Shorter - Former producer, BBC Rough Justice programme. Alistair H. E. Smith B.Sc F.C.A. - Chartered Accountant, Trustee and Treasurer, New Bridge Foundation. Chris Thomas - Chief Executive, New Bridge Foundation.

The Editorial Team

Rachel Billington

John Bowers

Novelist and Journalist

Writer and former prisoner

Eric McGraw

John Roberts

Author and Managing Editor

Operations Director and Company Secretary

Editorial Assistants

Andrew Coyle, a former prison governor and author of ‘The Prisons We Deserve’, upholds the view that the chaplaincy is integral to prison life and tells us that ‘the form of imprisonment which remains common today in the Western World has its roots squarely in the Christian religion’, and elsewhere comments on the notion that the three most influential people in the prison used to be the governor, the medical officer and the chaplain. Prison reform has come about through religious people such as the Quaker Elizabeth Fry and penal reformer John Howard, from whom we now have the Howard League. In a recent article in the Salvation Army newspaper ‘War Cry’, Jonathan Aitken, the former cabinet minister and prison inmate, expressed the view that faith groups play a big part in the rehabilitation of prisoners and MP Iain Duncan Smith suggests that those who attend faith groups are less likely to re-offend. So with all this in mind, why is this not reflected in your newspaper? I’m sure those organisations who work with and in the chaplaincy would be more than willing to contribute to such a feature. A monthly section would give voice to these people with the aim to encourage and inspire. I am also sure prisoners who have some kind of religious faith would be willing to contribute. Surely you cannot ignore such an important part of prison life? (Thank you for reminding us. We are on the case Ed.)

Expenses justified

Insidetime June 2009 www.insidetime.org

Image courtesy of The Week

....................................................... THE RIGHT HONOURABLE SIR HORACE PONTEMSBYCHUMLEIGH-FARR MP QC I wish to protest in the strongest possible terms about the articles featuring my expenses, and claims that they are excessive. Whilst it is true I have had my moat cleaned and dredged at a cost of £40,000, this serves a dual purpose, it enables me to pursue my hobby of breeding Koi Carp, and keeps constituents out, a matter of security. The fee of £16,000 for garden design is an entirely separate matter. My two housemaids, Simon and Jeremy, in addition to their household duties, are part time parliamentary researchers, so entirely support my claim for £69,000 per annum. As a serving MP I have to entertain frequently, which also explains my wine bill of £12,000. Additionally, the fact that my daughter is attending Edinburgh University does not prevent her from acting as apart-time researcher, thus earning her £24,000 salary. I am outraged at the suggestion that claiming for 16 bedsheets for my Westminster flat is in some way excessive. I merely point out to those misguided critics that £14,500 is perfectly reasonable for quality silk, and that my flat does have 8 bedrooms. It may be true that I paid off the mortgage for my Westminster flat in 1996, but having paid off the mortgage in a lump sum, I was permitted to continue claiming mortgage relief by the claims office, on the basis that if I hadn't paid it off, I would still be entitled to claim mortgage interest. The £25,000 per month claimed for security guards is entirely justified. I would remind you that I am a serving justice minister, and Westminster is a dangerous place after dark.

As the Honourable Member looked out across his estate, he couldn’t help but notice the other ghastly little houses in the distance. Any suggestion that £18,000 for a pair of bookcases is expensive is entirely ridiculous. During my time in Parliament, I have amassed a valuable collectionof 1st Edition Bunty Annuals, and it is perfectly proper to store them in quality furniture for future generations to enjoy. I do apologise most profusely for claiming £375 for 3 tins of Pedigree Chum, this was an oversight. John Prescott dropped in unexpectedly, and we had no pie filling, as he only eats pies, we had to make do. I will, of course, be repaying this money in full, as soon as there is a system set up for collecting overpayments. Frankly, I do not know what the public expect. I became a MP to serve the public, which I have done diligently over the past 30 years. I am sure that the average man in the street would be entirely satisfied that as an MP, I should be properly rewarded, and have done no wrong by following the rules at all times. Finally, the rumour that David Cameron's proposal that offenders should say they are sorry, and explain their actions, will NOT be extended to the criminal justice system. The very idea that fraudsters or bank robbers should benefit from a similar amnesty is preposterous. Why, it would encourage fraud and criminality.

Lucy Forde - Former prisoner education mentor Paul Sullivan - Former prisoner

Layout and design Colin Matthews - [email protected]

Correspondence Inside Time, P.O.Box 251, Hedge End, Hampshire SO30 4XJ. 0844 335 6483 / 01489 795945 0844 335 6484 [email protected] www.insidetime.org If you wish to reproduce or publish any of the content from any issue of Inside Time, you should first contact us for written permission. Full terms & conditions can be found on the website.

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* A letter forwarded by Keith Rose, a non voting constituent, resident at Long Lartin. Is your budgie a psychopath part II page 28

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Brainwashed .................................................... EMMA CASEY - HMP DRAKE HALL I write in response to Andy Thackwray's sickeningly narrow-minded, fascist, opinionated article regarding the similarly sickening fascist antics of the bizzies at the G20 protest. As far as his statement about windows being put through and banks’ headquarters being ransacked, well, I would love to hear his opinion on the tens of thousands of soldiers ordered to destroy homes and massacre families; do a little bit more than strain economies and put more than a few windows in; I imagine it would be something along the lines of … ‘yeh, that don't really bother me, their combat gear fitted properly,

But he obviously had a good time at the G20 protest; oh no, wait, he wasn’t actually there was he - he just saw it on TV; the media production of the G20 protest - and he’s exactly the kind of ventriloquist dummy they want him to be. Well done, he likes to think he has his own opinion, I think he’s brainwashed. There's nothing proper about their propaganda. I mean, if he’s ever been to a protest he’d know that an awful lot of those people pay tax and, wait for it, own their own houses complete with their own washing machines and bath! Isn't that just the weirdest thing! I mean, why would he wanna protest for something he believes in when he could go home, have a bath, get his fix of visual valium and let the media tell him exactly what to think? And I'm pretty sure that Billy Bragg and Russell Brand have good teeth. By the way, for his information the hippies died in the sixties and the people he’s talking about are an anti-establishment hippie punk hybrid that Andy Thackwray’s narrow minded imagination could never conceive. My advice to him is to find something more productive to do with his time, or alternatively get a job writing for the Sun. (Readers are reminded that Andy Thackwray’s column is based on a character he has created. It’s designed to get you going. Ed)

Pseudo legal processes .......................................................................................................... BRUCE KENT - LONDON Solicitor David Wells in your May 2009 issue (Fair trials - a thing of the past), in which he reflects on the gradual erosion of a defendant’s rights, is sadly correct. Trials have become much more unfair. But he does not go far enough. In Britain today, someone can be kept either in prison or placed under highly restrictive bail conditions indefinitely without even knowing who has accused him or of what. The 'terrorist' accusation is enough to take away liberty and most ordinary legal rights. This is so far removed from any kind of natural justice that I cannot understand why the Bar Council or the Law Society have not advised their members to take no part in the pseudo legal processes involved. Bruce Kent is one of Britain’s most prominent peace campaigners and is best known for his association with CND (Campaign for Nuclear Disarmament). He is also Chairman of Progressing Prisoners Maintaining Innocence (PPMI). Innocence a handicap to progression page 32

..................................................... CLIVE JONES - HMP HAVERIGG In the recent past this prison staged what I can only refer to as a 'Multicultural Week'. Various events were scheduled to take place, amongst which was a football match between the prison's team and a multi-ethnic team from Barrow-in-Furness. Unfortunately the match did not take place due to the discriminatory attitude of the security department of this prison. It is entirely reasonable that any visitor to a prison is subject to a security check for selfevident reasons. Few, if any, visitors would object to furnishing the security department with their names, addresses and dates of birth for necessary checks to be made. However, what many if not all visitors (understandably) would object to is being required to furnish their place of birth for no valid reason simply because they are of Asian ethnicity, as was the case with the majority of the aforementioned football team from Barrow-in-Furness. Not surprisingly, the intended visitors declined to furnish the security department with their places of birth; amongst them a serving police officer, and the game did not take place. Writing as a British born citizen of AfroCaribbean ethnicity, I find what our security department demanded of the intended visiting team to be discriminatory and objectionable. I find it an overt example of what I have experienced and witnessed on a covert level throughout my time here. I charge that the management of Haverigg pay lip-service to being anti-discriminatory and the above strengthens my indictment. When I raised this matter with the 'Race Relations Officer' he struggled to defend the indefensible. Another officer actually stated that with the danger of terrorist acts such as bombing, security were erring on the side of caution! So the football team from Barrow-inFurness, a police officer amongst them, are stereotyped as Islamic fundamentalists with the propensity for perpetrating acts of violence. It might be me, but such stereotyping, such discrimination, hardly seems in keeping with the various anti-discrimination notices dotted around this establishment, much less in keeping with community relations and the philosophy of a multicultural week.

Contents Mailbag ........................ pages 2-9 Newsround .............. pages 10-15

Sean Hodgson

Congratulations to Emma Casey who wins our £25 cash prize for this month’s Star Letter.

As for the Met Police supposedly saving us a few quid, is he aware of how much it costs the taxpayer to keep just one of us in the nick? Yeh, more than a few poxy windows mate.

Own Goal

Paddy Hill

Star Letter of the Month ...........................................................

and them innocent people have holes in their clothes and no shoes … just like the protesters in my country’.

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Mailbag

If you would like to contribute to Mailbag, please send your letters to ‘Mailbag’, Inside Time, PO Box 251, Hedge End, Hampshire SO30 4XJ.

John Kamara

Insidetime June 2009 www.insidetime.org

New website for miscarriage of justice cases ...................................... page 11

Month by Month ............ page 16 Comment ......................... page 17 Health ...................... pages 18-19 Comment ................. pages 20-35

The power to suppress John O’Connor .............. page 23

What I say to our security department, our management, is that discrimination and stereotyping have no place in any prison, indeed in any state-run institution. As far as a multicultural week designed to promote HMP Haverigg as an equal opportunity, anti discrimination establishment, management have scored what can only be described as a disgraceful 'own goal'.

A toothless bulldog Richard Todd ................. page 33

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Legal Q&A ............... pages 44-45 Book Reviews .................. page 46 Reviews ............................ page 47 Jailbreak ................... pages 48-52

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Confidentiality broken

Islam is about peace and love

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

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

ERIK THOMAS - HMP GLOUCESTER

KARL TOWNSEND - HMP WYMOTT I wish to highlight an outpouring of Islamophobia (prejudice or discrimination against Islam or Muslims) of unprecedented levels of disrespect and ignorance here at Wymott. The social climate in the West deems us Muslims to be public enemy number one, this is increasingly exacerbated by the suppressive dogma and oppressive tactics deployed by the opposing belief system in the Western World. Recently, the ignorance and behaviour of a certain individual has reared its ugly head. For whatever reason, our holy book the Quran has been subject to a gross level of defilement by being wantonly flushed down the toilet in the workshops. To add further insult to injury, and to Islam, defamatory comments were scrolled all over the toilet wall.

Family visits by video link .......................................................

This has been greeted with hostility, anger and much consternation amongst the Muslim community. I for one am deeply upset, and ripple effects from this have been far reaching.

GEOFFREY JONES - HMP WAKEFIELD

As Muslims, collectively, we would like to retaliate in some form by expressing our anger towards this individual but alas, with all the negative perception and bad press that Muslims have received it would not be well received and would be construed as being the actions of militant hardcore extremists. Fundamentally, Islam is far from this; it is about peace, love and the widespread promotion of fellowship for humanity and equality.

For many years the prison service has allocated its ‘clients’ to establishments which, in some cases, are literally hundreds of miles away from their homes and families. I’m not writing to question the logic of this, but to suggest an idea which is possible and I believe workable.

.................................................................................................................. MICHAEL SLATER - HMP HOLME HOUSE  When I was at school, we used certain words which would deeply offend society today. However, since learning about so many beautiful cultures and values, my eyes have been opened to accept and embrace these cultures with open arms. Here at Holme House, where I’m one of several racial equality representatives, we understand that many prisoners are not aware of the policy in place that promotes equality and attempts to eliminate discrimination. As part of the induction process, we take turns to present the racial equality policy and the benefits of diversity and equal opportunities, access to religion and issues relating to how to complain if something of concern needs addressing. I’ve studied many cultures and at the moment I’m studying Islam. Terrorists are giving this religion a bad name and the media also give a prejudiced view. We can’t blame Islam for extreme fundamentalists who don’t want peace and unity. Islam means peace and would never condone violence or killing a human being, and I’m proud to be able to live in a democracy where we can and do voice our opinions. I would like to thank Governor Lees and the racial equality team for their dedication and genuine desire to make sure every prisoner, whatever their creed or colour, is treated equally.

Why, in this modern age of sophisticated electronics, can’t we arrange visits on a video link? This would grant a reprieve from anxiety both for families and inmates alike, who find themselves separated not only by distance but finances also. I realise that using a phone line costs money but I’m sure this would still prove cheaper and less stressful for visiting families. It would also be more convenient for prison security staff. It would be interesting to hear the verdict of the powers that be. After all, if they wish clients to maintain close family links, as they consistently maintain in the columns of Inside Time, perhaps they will stop scratching their heads and wonder why they didn’t consider this concept first! If you would like to contribute to Mailbag, please send your letters (concise and clearly marked) to ‘Mailbag’, Inside Time, PO Box 251, Hedge End, Hampshire SO30 4XJ. Please note letters for publication may be edited. To avoid any possible misunderstanding, if you have a query and for whatever reason do not wish your letter to be published in Inside Time or appear on the website, or yourself to be identified, please make this clear. We advise that wherever possible, when sending original documents such as legal papers, you send photocopies as we are unable to accept liability if they are lost.

E R O M S T R U H T A WH

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My pad-mate Wayne Hutchinson and myself are still reeling from shock after a member of the IMB blatantly breached the confidentiality ethos it sells us from the moment we step inside HMPS. Wayne is disabled and recently fell downstairs after taking a shower; he had not been advised that he could be taken to another wing for a shower that would not entail using stairs. He was quite badly hurt and whilst receiving treatment from the nurse, an officer started questioning him about the incident; thinking Wayne was faking it to get medication! Wayne made the decision to put in a claim for his injury as he was under the impression that he had no choice but to use the stairs to access the showers. He put in a request to the IMB for their advice on his claim. Only IMB members have access to their post-box and everything is supposed to be totally confidential, however obviously not all IMB members are aware of this! An IMB representative took Wayne’s request out of the box, read it, and immediately went to seek advice from an officer on the wing! He then came to speak to Wayne through the door so that I could hear every word, as indeed could anyone else within earshot. Both of us can’t actually take in the absurdity of the situation; it has changed our opinion of the IMB and a reconsideration of their confidentiality clause. Can we now believe that our requests are only seen by them and not, as in this case, bandied about to all and sundry?

 Mrs Mary Robinson - Chairwoman

Independent Monitoring Board HMP Gloucester writes: I would like to confirm that it is not normal policy for an IMB member to show prisoners' applications to staff. All applications to IMB are treated in confidence. The IMB member concerned realised his error of judgement at the time and immediately apologised to Mr Hutchinson. He has assured me that this incident will not be repeated. I have also met with Mr Hutchinson and apologised on behalf of the IMB. I would like to assure readers of Inside Time that this was a regrettable, isolated incident; the IMB remains committed to protecting and maintaining its independence. We have our monthly IMB meeting shortly, and I have put the issues of independence and confidentiality on our agenda to remind everyone of their key importance.

Ross SR Samuel Solicitors Criminal Defence and Prison Law Specialists ‡ Licence & Parole Issues ‡ Categorisation ‡ Recall to Custody ‡ Ajudications ‡ Tariff & Judicial Review For Immediate Visit, Clear Advice and Effective Representation, write or call, Pedro Kika at:

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If you would like to contribute to Mailbag, please send your letters to ‘Mailbag’, Inside Time, PO Box 251, Hedge End, Hampshire SO30 4XJ.

Wrongly convicted Unlocking insurance .....................................................

With assistance from the Irish Government, the Miscarriage of Justice Organisation (MOJO) has been commissioned to research and assess the situation reference Irish citizens who are maintaining their innocence and suffering a miscarriage of justice in England and Wales (IMOJ Project). How many people this affects is at present unknown, but through our vast experience of dealing with miscarriages of justice, MOJO know that where such cases exist there will be trauma and psychological damage, break up and isolation from family, lack of legal representation and support and overall frustration and despondency. We expect to find cases where prisoners have served over the recommended tariff and find themselves facing a seemingly endless sentence because of their refusal to accept guilt. Funding for Phase 1 of the project allows us to draw up a list of all Irish citizens (including dual citizenship) in or out of prison who have served or are serving a sentence for a crime they did not commit. They can register in person or can be initially registered by a family member or friend. An assessment will then be made on a case by case basis of the support needed. Where appropriate, we will be signposting people to existing services. However we also know, from experience, that support for miscarriage of justice victims and their families is specialised and referring them to services that have no understanding of their particular needs can be more damaging than good. With the data gathered we hope to build a professional, effective support network that is sensitive to the needs of all users, who for too long have been unrecognised and discriminated against. If you are an Irish citizen who has been wrongly convicted in a UK court (serving or released) and would like to register with the IMOJ Project, or if you would like to register on behalf of someone who is a miscarriage of justice then send your details along with a request for a registration form to: IMOJ Project, c/o MOJO 52 -54 Allison Street, Digbeth, Birmingham B5. Tel: 0121 633 5531 Mobile: 07969 493154 Email:[email protected]

......................................................................................................... CHRISTOPHER STACEY - UNLOCK

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

Following the piece in your May issue entitled 'Insuring against the future', allow me to highlight the work that UNLOCK continues to do in this area. Given the importance that insurance plays in pretty much every part of one’s life (whether it be self-employment, driving or getting a house) the difficulties in obtaining insurance with a criminal conviction is a rather fundamental stumbling block towards reintegration.

GERARD MCGRATH BA HONS HMP HAVERIGG

As some of your readers may know, UNLOCK has developed a list of insurers (14 currently, which includes SIS) who can provide various types of insurance. When UNLOCK brokered the first service back in 2000 it was very expensive and obviously uncompetitive. We are now in a position where we have a workable solution – but we don’t intend to stop there; we want mainstream insurers insuring people with convictions. Specialist insurers, such as SIS, recognise that with 8 million people on the Offenders Index, there are a massive number of potential clients. The job we now have is to get the 'big boys' to take notice. Of course, you only need to declare convictions which are ‘unspent’ under the Rehabilitation of Offenders Act 1974, but because of this shockingly poor piece of legislation, many serving prisoners will have to disclose for life. We therefore want as many people as possible to know the choice that is available, rather than thinking only 1 or 2 insurers can insure them, or even worse, thinking nobody will insure them and therefore either not disclosing or not getting insurance at all. By increasing the competition, we can both drive down the price and increase the quality of cover that people with unspent convictions receive. We therefore make the list of insurers freely available to anybody who wants it, and encourage you to feedback to us about them, as well as recommendations for other insurers to be included. We are also currently putting together a guide which will help people who are looking to obtain insurance, and we would welcome your thoughts and experiences. UNLOCK can be contacted at 35a High Street, Snodland, Kent ME6 5AG. Tel: 01634 247350.

Mighty jigsaw puzzle ..................................................... STEVE WELLS - HMP RANBY I’m 37, which I suppose is considered middleaged these days, but I certainly feel old, out of place and fear that prison life is turning me into a grumpy old git! I feel like I don’t quite fit, a bit like that jigsaw piece that ‘goes somewhere’ and is forced into the place that it looks like it should fit but doesn’t. Why do I feel like this? Here at Ranby, I’m told the average age is mid-20s. It is very apparent that there are two types of prisoner simply by looking at them; those who take pride in their appearance, making even the drabbest of prison issue look trendy with clean cut bodies toned by hours of hard work in the gym and topping up their tans in the yard at the first glimpse of sunshine. Then there are those who look like they haven’t seen daylight, let alone a toothbrush or razor, in years. Clothes almost stuck to their skin through grime and sweat. Teeth, if they have any, as black as the

ace of spades, smoking roll-ups and dog ends and taking whatever medication they can barter. Not to mention the lingo … with everyone referred to as ‘mate’ or ‘man’. But there is hope for oldies like me. I spoke to a ‘mate’ who is on gym NVQ studies and apparently there are plans to introduce an over-40s gym group. Yes, I know I’m not yet 40, and fear I may not fit the criteria, but I can still apply. By no stretch of the imagination do I need a ‘Stannair stair-lift’ to get up to the two’s landing, nor a mobility scooter to get around the pool table either, but just knowing that others have noticed the likes of us middle aged pieces in this mighty jigsaw puzzle begins to reduce my grumpy nature. For those inmates reading this who are too young to know what a jigsaw puzzle is, it’s what people my age did when it was too cold to go out to play and didn’t have play stations. ‘Jigsaw puzzle’ - lots of little pieces which, when joined together, make one great picture - just like all of us ‘mates’ in it together in prison.

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This missive is inspired by the front page lead article of May’s Inside Time and I commend Paul Sullivan for his piece. I can draw on my own experiences and observations where ill-educated prison officers are concerned and have in my possession numerous reports, dating back nine years plus, authored by sundry prison officers. These reports would make any English teacher weep salt tears, not for their nature and content – rather their appalling spelling and punctuation. Such poor standards of literacy are not confined to landing officers; reports by SOs, POs and Governor grades are equally as appalling. It is telling that when an entrance qualification of GCSE level was ‘trialled’, applications dried up. One is compelled to the conclusion that even basic academic qualifications are not the criteria for those wishing to become prison officers. Perhaps the POA could enlighten us? I do not imply that all prison officers are ill-educated, that would be totally unfair. However, it seems fair to conclude that the job of a prison officer is a comparatively and relatively well paid one when juxtaposed with that of a nurse, who must attain above the average in academic terms. I can state this with certainty as my eldest daughter is a nurse with 22 years experience and I know what was demanded of her academically to be accepted into training. A prison officer’s job today necessitates the need for a higher level of literacy than was the case with the slash-peaked ‘bully boys’ of the 60s and 70s. That the state and private prisons do not demand even GCSEs is a recipe for trouble. It beggars belief that someone could be driving a van one week and eight weeks later be a prison officer, with the government planning to reduce this to two weeks! The term ‘prison officer’ implies someone who is a trained professional as opposed to a pretentious pseudo-professional. It suggests someone who has attained a reasonable level of academic attainment; not someone who can barely write! The Chairman of the POA often describes his members as ‘professionals’. Given my experiences and observations of certain of his members, I wonder how he defines ‘professional’. I tempt fate in inviting his written reply.

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Mailbag

Censorship at Inside Time

If you would like to contribute to Mailbag, please send your letters to ‘Mailbag’, Inside Time, PO Box 251, Hedge End, Hampshire SO30 4XJ.

especially in Inside Time. Since it is a newspaper for prisoners, its readers ought to know what is being done in their name. I call for the end of all unwarranted censorship and manipulation of views and thoughts.

..................................................... SHAH MOHAMMED HAQUE - HMP SWALESIDE Inside Time has published a number of my contributions in the past; there were more that got away. So far, two of my articles have not been published (one on contemporary racism) even though three issues of Inside Time have been published since I sent my contributions. I suppose these articles will not be published and they will become history, without any explanation or reason for their non-inclusion. Non-publication of my articles is, in my view, a covert form of censorship by Inside Time, especially considering the content of some other trivia that gets published in the paper. That is not to say that Inside Time does not publish well written articles every now and then, it does. We are led to believe that there is freedom of expression out there but in reality there is a corporate policy of censorship everywhere. That censorship is not imposed by any government per se or any military junta; that kind of censorship is an old boy network agreement amongst publishers of all kind to ‘toe the line’; to maintain the status quo, an agreement to keep out the truth as much as possible and not rock the boat. The occasional hysteria by the media in ‘exposing’ some safe scandal of minor magnitude is none other than a smokescreen implying that the media is at work. Inside Time is, in my experience, a party to that agreement. To Inside Time I am just a convicted prisoner, a Muslim prisoner at that. Why should they give me credit for discussing national policy issues that can be good for all? Those issues are the preserve of non-Muslim white members of the Inside Time management. I deplore this censorship in any media outlets;

(As Shah Mohammed Haque says, we have published a number of his contributions in the past and we will be pleased to consider any future piece he sends us. Inside Time has been the ‘voice of the prisoner’ now for nearly two decades and censorship is not our style but a sound argument and good writing is Ed.)

Insidetime June 2009 www.insidetime.org

The long wait .......................................................................................................... NAME SUPPLIED - HMP DOVEGATE Back in August 2007 (21 months ago) I wrote to Inside Time highlighting circumstances surrounding my sentence and the repercussions for resisting doing the ETS and SOTP courses, which I consider go against my Muslim religion. A response was finally forthcoming from PSHQ dated 25th March 2008, indicating that it was determined by the Shura Council that it was not acceptable for Muslim inmates to be forced to undertake the SOTP course; with Muslim Adviser Ahtsham Ali stressing …’I agree there is a legitimate Islamic position that supports Muslim prisoners’ concerns about the sharing of information in a group setting’, and that he would be … ‘taking it forward as a matter of some urgency with colleagues, including those with policy responsibility for the SOTP programme. I will ensure that your correspondent is kept informed of developments’. It is now 14 months since this response, yet nothing has been received from HMPS therefore can Inside Time advise on why a response has taken so long?

Conspiracy theory .....................................................

Inside Time forwarded this query to PSHQ on 22nd August 2007. A reply was subsequently received (25th March 2008) containing an apology for the lengthy delay. Since then we have asked on several occasions for him to be advised on developments, as this is obviously a highly significant issue that potentially affects numerous Muslim prisoners. Unfortunately, no further reply has been forthcoming therefore we have sent a copy to the Prison Service Director General who will hopefully assist us in resolving the issue without further delay.

CASPER GATRELL - HMP ALTCOURSE I believe your paper is full of Jackanory and that the so-called ‘contributors’ aren’t real ... it’s all made up! So why isn’t any of it real in the Mailbag section? I’ve written to some of the prisoners who feature there and had no reply, so can only imagine this is because they are all invented! This makes you all fibbers and blaggers. Explain yourselves or I’ll be forced to spill the beans! (Mr Gatrell’s letter gives us the opportunity to remind readers that we received some 6,000 items of mail from prisoners in 2008. Our admin and editorial team, including three former prisoners now employed full-time by Inside Time, spend many hours sifting through the mail and every letter receives a response. In fact looking at our records, we note Mr Gatrell has corresponded with us on a couple of occasions in the past on different matters. This time we have some reason to believe that he himself is a touch ‘unreal’ and we strongly urge him to stay off the beans Ed.)

We understand that this correspondent has also experienced frustration and severe delays in having other queries reference significant Muslim related issues (including cell-sharing) addressed by Prison Service HQ; despite intervention by the Muslim Research & Development Foundation, Islamic Judiciary Board and his solicitor.

Problem sorted ..................................................... JOE BUDGEN – HMP GARTREE  I read in your February issue how you helped residents at HMP Hewell reference their protein powder problems whereby they had been refused protein powder because the authorities claimed it alters drug tests. Here at Gartree we have a similar problem in that we are not allowed Creatine; therefore can Inside Time find out why prisoners are unable to purchase this particular product?

 The Ministry of Justice writes: The decision to remove Creatine from the canteen list was made over two years ago as a result of information that Creatine could cause unacceptable medical side effects. This decision has now been reviewed using up to date infor-

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mation and there is no evidence that these side effects occur. As such, Creatine will be made available through the canteen at the next canteen list review.

....................................................... TONY GAYNOR - HMP MANCHESTER  After waiting over four months for £300 prize money owed to me for being the overall winner in both literacy (short stories) and autobiography (life stories) in the Co-op Arts, Crafts and Writing competitions for prisons (17) in the north west of England, I decided to take the problem to Inside Time in the hope they might resolve the issue. Imagine how delighted I was just a week or so later to receive the outstanding cheque and that the matter has now been satisfactorily resolved. Surprising what a word in the right ear can do!

Insidetime June 2009 www.insidetime.org

Try the Scottish way

Polygraph accuracy

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JOHN WILSON - HMP LEWES

TERRY LEGGATT - HMP LITTLEHEY

Reference the incompetence highlighted in Inside Time and displayed first by Aramark and now DHL/Booker in supplying prisoners with an efficiently run canteen service, along with their excessive pricing policy, can I suggest the following as a solution.

In light of recent readings concerning compulsory lie detection tests for all sex offenders, I have to say that whilst on the surface this may look like a good way of protecting the public, on a deeper level I believe this test does more than simply infringe on the offender’s human rights. The religious and spiritual aspect has been blatantly ignored, as it has been with the Penile Plethysmography (PPG) assessment.

I have recently come from HMP Perth in Scotland where they run an in-house canteen; the prison buys supplies from a wholesaler and stores the goods in the prison. There are many benefits to this, such as: • On the rare occasions when mistakes are made it only takes a phone call from the store’s office to sort it out within 24 hours; • Less aggravation from inmates towards canteen/landing staff; • Producing more jobs for enhanced prisoners; • Perhaps most importantly, we only pay a minimal amount on top of each item so the prison can make a small profit to cover costs and not the ridiculous prices we are currently forced to pay as we have no other choice. Any possibility this could happen here in England … or is that too logical a suggestion? (Excellent idea, in fact Booker Cash & Carry throughout the country provide a free delivery service to it’s customers. The Prison Service are obviously paying extra [courtesy of prisoners] for DHL to deliver supplies to prisons Ed.)

This lie detector test fails to take into account one’s level of anger when faced with certain questions; the angrier one gets the more blood pressure/pulse increases. The more one tries to control that anger, the more one sweats and hey presto, you are shown as lying or sexually aroused. Therefore as the PPG fails to define one cause of increase in blood pressure from another - the whole test has to be flawed. It is in fact a tool devised by the system to show exactly what the system wants, i.e. justification to keep inmates on the therapeutic roundabout come what may and to hell with the truth. Anger is dismissed and used against us in every way and form. So it will be with these lie detector tests; our own anger used against us to keep us locked up and placed on even more courses, which will only serve to create more anger and thus fail the next test! In June 1998, the Court of Human Rights ruled that the use of the PPG was ‘degrading and inhumane’, and based on these findings the use of the PPG would be banned. Eleven years on it’s still widely used throughout this country both within the prison system and the NHS. The system

.................................................................................... M BAILEY - HMP WAKEFIELD As a follower of the great polygraph debate highlighted recently in Inside Time, permit me a few observations reference the pilot scheme of sex offenders being tested to see if they are safe to be granted parole and once released, tested to see if they are continuing their activities. What if you are a prisoner maintaining innocence; mostly being held in high security prisons; with little or no chance of progression because of your continued stance? Surely if the polygraph is considered reliable enough to determine the above, then it is also good enough to test those who maintain innocence? If found to be ‘telling the truth’ they should be afforded the opportunity to be housed in a far less harsh environment while they negotiate one of the biggest hurdles known to man ... seeking justice. Polygraph testers consistently maintain that the test is around 96% accurate; surely far more reliable than the vast majority of British juries? So imagine accused/accuser and any random jury, with a polygraph before the court - how accurate are we now? Those who become victims of horrific crimes would have a valuable tool to ensure the right person is convicted, while less honest people would be reluctant to make false allegations for fear of being exposed as liars.

......................................................................................................... ADRIAN ‘FLETCH’ PUGH - FORMERLY HMP WOODHILL I was writing to a friend recently and stated that the Prison Service gets the wet end of the stick when things go wrong but rarely gets acknowledged and properly recognised for what it gets right, therefore I would like to rectify that.

Since healthcare was handed over to local PCTs, conditions throughout the high security estate have vastly improved, especially for

those who are in-patients. The need for access to the services required can be properly and quickly assessed - in some cases quicker than the local A&E. Significantly, more and more elderly and chronically disabled prisoners are now maintained in wing or house unit environments; in cells that are adapted to the users’ needs and more professionals visit these units to monitor or assess both the conditions and the patients. A number of forums have been created and appointments established through the Diversity Team such as dedicated disability teams, who endeavour to ensure that adjustments are made in all areas including remote alarms, grab rails, chair lifts, adapted showers to ensure equality throughout the wings alongside able-bodied prisoners. These improvements

We are passionate about getting justice, justice being our priority.

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Inside Time is saddened to hear from Michael Kane and Terrance O’Keefe at HMP Woodhill that since submitting this letter ‘Fletch’ passed away on the 7th May. We felt, however, that his words should not go unpublished to acknowledge the help and support that disabled and chronically ill prisoners are now receiving thanks to local PCT interventions.

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Much of the credit has to go to the ‘foot soldiers’ and I would like to thank all those that have instigated these improvements, especially those that have had to meet us head on in some, shall we say, less than dignified situations. They have made a difficult situation much more tolerable.

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brushed the ruling under the carpet and got away with it and it will be just the same with the lie detector tests. Unfortunately, the anger and emotion brought about by having to do this test will imply that we are lying or suspected future sex offenders. When it comes to these tests, and the PPG, shouldn’t somebody be checking these machines out; arousal to anger isn’t always sexual or brought about by a person lying.

Facing disability with dignity

I am one of an ever increasing number of prisoners who is disabled by chronic illness and will not get better. Years ago we would have been installed in a prison within a prison healthcare - out of sight and out of mind; maintained in poor conditions due either to lack of funding or poor management.

DHL stands for Drop it, Hide it, Lose it reports ‘WHATT’ON EARTH’ magazine (HMP Whatton)

Mailbag

If you would like to contribute to Mailbag, please send your letters to ‘Mailbag’, Inside Time, PO Box 251, Hedge End, Hampshire SO30 4XJ.

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Mailbag

If you would like to contribute to Mailbag, please send your letters to ‘Mailbag’, Inside Time, PO Box 251, Hedge End, Hampshire SO30 4XJ.

A common interest ..................................................... PRISON CHAT UK MANAGEMENT TEAM We write in response to Karen Mellor’s letter: ‘Why blame the system?’ that features in the May issue of Inside Time, in which she is highly critical of prisoners’ families’ charities. As one of the online communities supporting prisoners families referred to in her contribution, we feel the need to reply to the criticisms aimed at organisations such as ours. Prison Chat UK (PCUK), founded by Lorna Smith, was established as a support forum run by prisoners’ families for prisoners’ families. We do not claim to be anything other than that … and our ever growing membership is a testimony to its need. We do not claim to be lobbyists or promote ourselves as such - we are simply a group of individuals from all walks of life that have a common interest - that being a loved one in prison. We are not comparable to organisations such as Action for Prisoners Families.

Karen Mellor asks what can we hope to achieve by providing ‘slapstick online services that are completely juvenile, non-constructive and an insult to people’s intelligence’. Our answer to that is quite simple; we aim to provide support and a place where people feel less isolated by the situation they find themselves in. We support each other through good and bad times, and what may appear trivial to Karen Mellor can be devastating for others with less experience of the penal system. We do not condone crime but we do acknowledge the impact that imprisonment has on the families of offenders. We are a wealth of information for many of our members and we pride ourselves on being a community. Her letter has provoked quite a response on our forum and it might be appropriate to finish this ‘right to reply’ with a quote from one of our members that epitomises the very ethos of PCUK. “I've made some very good friends on PCUK in the last 13 weeks, and if it wasn't for them, and the support I have had from others responding to my public posts, I truly do not know where, or how, I would be right now.”

Insidetime June 2009 www.insidetime.org

ALISON HENDERSON - BOLTON  I have always thought that prisoners’ families’ groups are depressing but having said that, it is a serious issue and there are many families who require a substantial amount of support. However, whether people like it or not, there are many families who don’t. I have met lots of individuals who would like to become involved in creative project work, volunteering, or simply using their experiences to help others. Lets be honest, our loved ones inside have the opportunity to enter excellent creative competitions such as the Koestler’s etc; but what exactly is available for prisoners’ families on those lines? Like Karen Mellor, (Why blame the system, May issue) I am disappointed with prisoners’ families’ organisations. By pushing prisoners’ family members to one side, which I feel they do, it leads me to ask why their annual conferences are supported by only a handful of prisoners’ families themselves? Considering there are over 160,000 children affected by imprisonment in the UK, I would have thought these awareness raising events would be bursting at the seams?

Avoiding smoke fumes Destruction of the soul Playstation 3 capability .....................................................

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MIKE LINKER - HMP PARKHURST

MOEZ CHEMMEME - HMP LITTLEHEY

M KNIGHT - HMP RYE HILL

I was temporarily moved to HMP Belmarsh for a confiscation hearing and whilst in induction indicated that although I had no objection to sharing a cell, I certainly did object to sharing it with a smoker. This was noted and written down by induction staff. However, when I got to my cell and the door was opened, the amount of smoke fumes inside would have scared a fireman! I was told this was the only cell available therefore had to make do; however during the next couple of weeks I was moved round from cell to cell due to insisting on not sharing with smokers.

The culture of staff bullying, intimidation and the degrading of prisoners is rife, indeed even defines my former establishment, Whatton, and in my view such staff attitudes and behaviour are unacceptable. Bullying includes not only physical but verbal, emotional and psychological attacks intended to cause harm or induce fear, and abuse and humiliation of a sexist, racial, insulting, threatening, or intimidating nature. All of these are practiced openly and regularly at Whatton. Prisoners endure this sort of abuse on a daily basis, with no recourse. The resultant high levels of self-harm and unanimous agreement among any prisoner who has ever spent time there that it is an excruciating environment, psychologically.

I am currently banging my head against the proverbial brick wall regarding Playstation 3 as, along with others, I am trying to have it included on the IEP list; however we are informed by the authorities here that the console has a built-in wireless ADSL modem. I managed to disprove this but HMPS security department insist the console has a built-in modem therefore can Inside Time have this issue addressed and resolved once and for all by PSHQ?

I have absolutely no problem with guys that smoke, that’s their choice and I respect it, I simply don’t wish to breathe harmful tobacco fumes and if it’s now against the law to smoke in a public place, where does HMPS stand on forcing prisoners to share a sleeping space with smokers; thus seriously affecting their health.

 The Ministry of Justice writes: In general terms, we can advise that non-smoking prisoners should not be required to share a cell with a smoker. When first received at Belmarsh, prisoners are asked if they smoke and this information is recorded on their history sheet. Following their initial placement in the first night centre, prisoners are allocated a cell on the appropriate house-block, taking account of whether they smoke. Non-smokers will be put in non-smoking cells, but it is sometimes necessary for smokers to be placed in nonsmoking cells and instructed not to smoke until a suitable location can be found.

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The complaints system at HMP Whatton is a sham and deliberately stonewalls and obstructs any inmate who has a valid complaint or problem in need of resolution. Slippery evasiveness has been raised to an art form by the HMP Whatton administration with their actions hidden from view by a public whose attitude too often turns a blind eye to anyone whose offence falls under the damning label of 'sex offender.' Actions are monitored by an IMB notorious for its ineffective impotence in carrying out its stated mission against the might of such an institution. The IMB perpetuates the ludicrousness of any legitimate complaint by crediting everything said or written by staff and administration as meritorious because they have 'years of experience'.

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 The Ministry of Justice writes: Playstation 3 (PS3) consoles are barred on the grounds that they have the capability to send/ receive radio signals as an integral part of the equipment. This poses a significant threat to prison security due to the inherent wireless technologies built into PS3 consoles - enabling the user to connect to the internet for example for web-surfing and downloading games. The PS3 contains two wireless technologies, Wi-Fi 802.11b/g and Bluetooth 2.0. These technologies pose a risk to prison security as they can be used to breach prisoner communications policy and are not permitted: • Wi-Fi - The Wi-Fi module allows the PS3 to communicate with access points and other external Wi-Fi devices; • Bluetooth - In addition, you can link up Bluetooth devices to the PS3 (Bluetooth earpieces from mobile phones for example).

Shaken into reality .................................................... IAN EARNSHAW - HMP EVERTHORPE One Saturday night recently, I became so overwhelmed by what I saw on television I felt that I had to write in. I was watching ‘Britain’s Got Talent’ on ITV and there was a little girl dressed up in ballet gear and I thought ‘just another girl that wants to be a dancer’ … and then it happened! The most amazing singing voice I have ever heard, she really was incredible. I have two daughters and a son and all I could do was to imagine how proud her parents must be; it brought a tear to my eye; I know it sounds soppy but the point is, I have been in and out of prison all my life and it has hit me so hard about what I’m missing of my children. I have basically been shaken into reality and to the fact that I really do need to sort my life out - who said TV couldn’t be a good rehabilitation tool? I have missed so much of my children’s lives and with such a long time left, I am anxious to be out spending every living, breathing minute with them. I don’t know how this fits in with your editorial but I think it might be ‘food for thought’ for like minded prisoners.

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.

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Insidetime June 2009 www.insidetime.org

If you would like to contribute to Mailbag, please send your letters to ‘Mailbag’, Inside Time, PO Box 251, Hedge End, Hampshire SO30 4XJ.

Moral hindsight

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CHARLES HANSON - HMP BLANTYRE HOUSE

NOEL ‘RAZOR’ SMITH - HMP BLANTYRE HOUSE

Is it only Albany that turns out prisoners who are reflective, remorseful, guilt ridden, holier than thou, victim orientated and given to selfflagellation; with some being so disgusted with themselves they sound as if life isn’t worth living?

The prison system has strictly forbidden me to write for publication or have any contact with the media therefore my query for the prison service (or whatever bunch of initials they are calling themselves these days) is this: according to Standing Orders and Prison Rules, convicted prisoners are not allowed to write for publication for payment, however there is no mention reference prisoners writing a blog on the internet; for which there is no payment but merely a chance to express an opinion.

Moreover, that they should lecture the rest of us on the evils of crime and offending behaviour, as outlined by two of its residents in the February issue of Inside Time; Steven Barrett (The Real Victims) … ‘if you can’t do the time, don’t do the crime’, and Geoff Wilson (Change is Possible) …who describes himself as a ‘disgraceful, egotistical, narcissistic wretch’. Albany isn’t unique, for prison throws up all sorts of characters, and I find it remarkable that it is only when some people find themselves in prison that they develop a wonderful sense of moral hindsight and feel empowered to pass on such knowledge to their fellow cons. Yes we can all regret, but for many that regret is synonymous with having been caught and how that could have been avoided, not by desistance from crime but by perfecting some so-called strategy to avoid being caught next time. Between the two writers is an underlying gratitude to prison staff for having turned the two miscreants’ lives around and made them better persons. What can one say to that? Except being a model prisoner isn’t the same as being a model citizen, which is something known only too well by the Parole Board. Both letters were in stark contrast to the contribution by David Baker in Dovegate (Get a Grip), who argued so succinctly that certain features of the days of slavery were present in many prisoners, when a favoured slave looked up to his master as some kind of benefactor and defended him against fellow slaves for favours and privileges. Replace ‘slave’ for ‘prisoner’ and ‘slave master’ for ‘prison staff’ and what have you got? I think David demonstrated quite clearly that you have a grovellor, perhaps even a ‘wrong un’; those who have no qualms about addressing screws by their first name and some going as far as to refer to them as ‘mates’. David concludes his letter by suggesting that it wasn’t the tea-boy, trustee, red band or those with favoured jobs who over the years changed things for the better for all cons, but those who stuck their necks out and, like terriers, wouldn’t let go when confronted with injustice, unfairness or brutal regimes. However, they are a dying breed in spite of overcrowding, poor conditions, often poor healthcare and food in some prisons, and apathetic and bureaucratic management. Well done David for the enlightenment.

‘Slopping out’ still alive .......................................................................................................... NAME SUPPLIED - HMP ALBANY During a recent ‘informal’ inspection here at Albany a small group of solicitors from the Treasury, accompanied by a larger assorted group of POs and SOs, inspected the ‘slopping out’ facilities. On the day in question the wing was unlocked early so that the inspectors would gain a false impression of the conditions here; because of the early unlock, inmates had an extra 15 minutes to use the ablutions. Here on ‘A’ Wing, on a Thursday of last month saw the night sanitation breaking down yet again and on the following Friday, Saturday, Sunday, Monday and Wednesday, ‘A’ wing was locked up for 15 hours, 17 hours, 17 hours, 15 hours and 14 hours respectively. There is some access at night to the recess as extra staff are on shift to facilitate; however this does not prevent the need for 23 men per recess to attempt to dispose of bodily effluvia as well as others using the urinal, toilets and sinks in a space of 12 x 10 feet. This is not helped by the poor ventilation, which occasionally allows me to smell the fumes while I eat in my cell. Being locked up for the vast majority of the day with no access to running water and having to store bodily excretion in a cell 8 x 7 feet with inadequate ventilation is less than one would expect in the 21st century. If I treated a dog in this way the RSPCA would prosecute me, no question. Is having a toilet and sink too much to ask? I have once or twice read in your paper that slopping out no longer happens in UK prisons, well at present I am within a few feet of a bucket which disagrees with you.

Gated communities for sex offenders ........................................................................................................ STEWART PARK - HMP WAKEFIELD Reference the item by Billie Evans on gated communities for sex offenders in your March issue; I think that if sex offenders would be prepared to place themselves in a further institution rather than having real freedom, they must have a screw loose. I do not believe living ones’ days in a gated community has no risks whatsoever; if you really believe that then you are somewhat deluding yourself and have detached yourself from your surroundings. What you’re suggesting is only a sense of freedom. Real freedom doesn’t have locked doors. What I think you’re recommending seems like a cult? Sex offenders and their place within the prison estate page 24

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So as a serving prisoner can I write a blog? And if not, can they point out the rule or Standing Order which forbids it? Obviously I do not have direct access to the Internet, but I have someone outside who will convert my typed words for the web, so I am anxious to find out what the objections might be. I believe this is an important issue which may open up a new avenue for serving prisoners to express their opinions, so I look forward to hearing their reply; though they'll probably draft a new rule forbidding it as soon as they are asked the question. Cynical? Moi?

 The Ministry of Justice writes: There is no specific Prison Service policy on prisoners using or posting blogs, as they do not have direct unregulated access to computers or the Internet. However, in terms of the restrictions placed on the contents of prisoners’ correspondence, PSO 4411 Prisoner Communications Correspondence, paragraphs 7.1 (10) (a) to (e) specifically covers the issue of publishing or broadcasting material by newspaper, radio or television transmission. Whilst the policy does not explicitly mention publication or broadcasting on the Internet, such activities would be viewed similarly to any other form of media outlet, as previously mentioned. Therefore, if any part of a prisoner’s correspondence on a blog contained material which fell under any of these paragraphs, appropriate disciplinary action could be taken for breaching these restrictions. As for the setting up of a blog, by a third party on behalf of a prisoner, paragraph 7.2 of PSO 4411 states that ‘a prisoner may not ask, in writing or otherwise, another person to make on his or her behalf a communication which he or she would not be allowed to make directly, or which would contravene this Prison Service Order’. While this has often been interpreted in the context of one prisoner asking another prisoner to write/send something out illegally on their behalf, this could be applicable to anyone outside of the prison.

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Insidetime June 2009 www.insidetime.org

Newsround

THE INSPECTOR CALLS... Taken from the most recent of Chief Inspector of Prisons Anne Owers’ inspection reports, Inside Time highlights areas of good and bad practice at Blundeston, Thorn Cross, Send and Styal HMP Blundeston ... ‘an effective training prison’



Race issues were well managed.

 There was plenty of time out of cell, and a wide range of activities.

 Reasonably safe, with little self-harm or violence.

 Women spent too long in reception and faced an unnecessary routine strip search.

 Drug use appeared to be low – though there was a need to reduce and control opiate-based medication.

 There was no violence reduction strategy and anti-bullying arrangements were weak.

 Relationships between staff and prisoners were good and positive.  Procedures to support safer custody and violence reduction needed to be strengthened.  In the absence of in-cell sanitation, many prisoners continued to rely on a highly unsatisfactory night sanitation system.  Diversity, race and foreign nationals work had expanded, and needed to do so, given the divergence between the prison’s population and its local environment and staffing.

HMP Thorn Cross ‘resettlement needs strengthening’  The prison remained safe and had taken action to reduce the number of absconds. Relationships between staff and prisoners were good, particularly in the high intensity training centre.  There had been some improvements in the delivery of education and training, but it was disappointing that only 13 young prisoners worked outside the establishment.  Resettlement needed refocusing: the offender management model was not working well.  There was no management of shortsentenced prisoners, and too little family support work.

HMP Send - ‘significant deterioration in key areas’  Staff-prisoner relationships were generally positive.  Accommodation was generally good quality, and chaplaincy support good.

 Women had no confidence in the system and some incidents, such as unexplained injuries, were not reported.  Incidents of self-harm had increased from 8 a month to an average of 20 since the previous inspection.

HMP Styal - ‘not able to meet challenges’  There were many positive initiatives, sometimes bringing in outside expertise.  An excellent and professionally staffed day centre provided support to the many women with mental health problems.  The mother and baby unit, staffed and run by trained staff from Action for Children, offered the best and most constructive environment inspectors had seen.  Relationships between staff and prisoners had noticeably improved. 

Diversity issues were well-managed.

 The use of force had increased significantly, often to remove ligatures and sometimes to force women into strip conditions as part of a ‘care plan’.  Although healthcare had improved considerably, with some very good quality services, neither physical nor mental health provision was fully adequate to meet the need.  There were inadequacies in the management of vulnerable women elsewhere in the prison, including those at risk of suicide or self-harm, and those at risk of being bullied.

* Two copies of each HMCIP report should be available in the relevant establishment library. From May 2009 onwards, copies of HMCIP reports will be available, as they are published, from the Inside Time website www. insidetime.org

Parkhurst ‘a failing prison’ Commenting after publishing the report of an unannounced full follow-up inspection at Parkhurst, Dame Anne Owers, HM Chief Inspector of Prisons, said it was a failing prison with substantial shortcomings that had ‘slipped back from an already low base and lacked basic levels of safety and decency’. Inspectors found: • Bullying and violence appeared endemic; 75% of vulnerable prisoners reported feeling unsafe. The quality of violence reduction and anti-bullying arrangements was poor, as was supervision on the wings; • The segregation unit was described as ‘dour, oppressive and over-large’, with prisoners held in solitary confinement for lengthy periods; • Staff-prisoner relationships were ‘distant’ and there was no meaningful personal officer scheme; • Work on diversity was in its infancy and inspectors were appalled by the treatment of the small number of prisoners with disabilities; with one disabled prisoner unable to shower for six months because staff had not been ‘trained’ to push his wheelchair; • Health services were deemed to be ‘unacceptably weak’; • Prison staff needed better training and national strategic support to deal with radical Muslim prisoners in an appropriate and balanced manner; • The prison struggled to offer the sort of work, learning and skills provision expected of a training prison. There was too little worthwhile employment and a limited range of education; • Indeterminate-sentenced prisoners felt frustrated by their inability to progress, and offender supervision was poor.

‘Significant’ drink problem at Ford According to a recently published inspection report, a heavy drinking culture has developed into a ‘significant problem’ at Ford open jail with prisoners being left drink and other contraband at the perimeter fence for collection at night. Chief Inspector of Prisons Anne Owers said “The main security problems were the smuggling of alcohol, drugs and mobile phones into the prison,” At night there were only two prison officers and four operational support staff on duty guarding 541 prisoners and a low perimeter fence covering the 100-acre site. A request to increase the number of CCTV cameras had been rejected by prison service headquarters on the grounds of cost.

Victorian Prisoner No 4

Edward Martin

7111

Age (on discharge): ........................ 22 Height: ................................... 5ft 5 ¼” Hair: ......................................... Brown Eyes: ......................................... Hazel Complexion: ............................. Fresh Born: .................................. Greenwich Married or Single: .................... Single Trade or Occupation: ......... Shoemaker Distinguishing Marks: ...... Scar left arm Address at time of apprehension: 9 Botrams Place, Richmond Place & Date of Conviction: Surrey Sessions 26 July 1871 Jury Trial Offence for Which Convicted: Attempting to have carnal knowledge of a girl under 10 years of age Sentence: ........ 18 months hard labour Intended Residence after liberation: 14 Church Street, Richmond Researched by Louise Shorter at the National Archives

Chief Inspector of Prisons inspection schedule 15/06 29/06 06/07 27/07

Parc (Juveniles) Werrington Portland Manchester

Newsround

Insidetime June 2009 www.insidetime.org

Sean Hodgson

Paddy Hill

John Kamara

Prison officers suspended over smuggling allegations

New website for miscarriage of justice cases Last month, The Guardian Newspaper launched a new service which will provide a much needed public forum for alleged miscarriage of justice cases. Called Justice on Trial and placed permanently on the Guardian’s website, senior correspondent Duncan Campbell says “We aim to examine cases that merit reinvestigation and to report on developments in those on their way through the criminal justice system”. The site offers resources such as a Directory of Campaigning Groups, a photo montage of past cases and a frequently updated library of written articles examining individual cases and related subjects, (Louise Shorter writes). The site has two short films to watch online; the first contains interviews with three men who collectively spent 62 years in prison for crimes they did not commit – Sean Hodgson, released earlier this year, Paddy Hill, one of the Birmingham 6 and John Kamara. The men talk about their experiences of being wrongfully imprisoned with Paddy Hill saying “it’s like being buried alive.” The second video examines Kevin Lane’s conviction for murder in Hertfordshire. Kevin Lane, currently resident at HMP Woodhill

has, for the past 15 years, protested his innocence. The film examines the circumstances surrounding what was described as a professional hit on car dealer Robert Magill and the subsequent corruption conviction of a key police officer who put Kevin Lane away. The Guardian plans to add further videos in the coming months. Solicitor Campbell Malone’s longstanding interest in these cases began when he represented Stefan Kiszko, who was freed when scientific tests showed he could not have committed the murder for which he’d served 16 years. Campbell Malone says “I believe we have a government that is positively hostile to the notion of miscarriages of justice. It would seem to be of the view that it would be better for the odd person to spend their life in prison for a crime they did not commit than to have the inconvenience of it being exposed." He added that there were "just as many" such cases now as in the 70s and 80s. Justice on Trial, The Guardian’s new website dedicated to miscarriage of justice cases, can be found at: www.guardian.co.uk/uk/series/justice-on-trial

OLLIERS S O LI C ITO R S

According to The Times, three prison officers have been suspended from duty at Wandsworth after a Metropolitan police investigation into allegations that mobile phones and drugs were being smuggled into the prison. This has since been confirmed by a Ministry of Justice spokesman. The officers were arrested in April on suspicion of misconduct in a public office relating to the ‘trafficking of phones and drugs’ into the jail. Latest figures from the Ministry of Justice show that in 2008, 398 mobile phones and Sim cards were discovered at the jail, which has the largest number of prisoners of any jail in the country. A report published last year on disrupting the supply of drugs into jails in England and Wales said that the number of mobile phones circulating in jails was ‘astonishing’. It said that more than 600 mobile phones and Sim cards were being seized each month in jails in England and Wales and that despite the seizures, the number getting into jails was increasing and some prisoners used them for criminal purposes, particularly drug trafficking. Since the report was published, the Ministry of Justice has failed to find a suitable bidder for the provision of mobile phone detection equipment in prisons. It would have been used across the prison system in England and Wales to tackle the increasing problem of criminals directing their outside operations.

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Security is to be tightened after 20 year-old gang member Joland Giwa (pictured) managed to smuggle a mobile phone into HMP Rochester then posted pictures of himself on the internet in his cell posing menacingly and flexing his muscles. He then uploaded the images onto his Facebook profile. The prison will get high sensitivity metal detectors and mobile phone signal detectors within the next few weeks to stop similar breaches.

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‘As soon as I saw what we had all been up to I just knew the Speaker had to go’, Lib Dem leader Nick Clegg tells the nation.

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Worried that Peter Andre might get his hands on her only remaining assets, Jordon is forced into ‘crisis talks’ which are expected to lead to a massive cash offer from OK Magazine.

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Insidetime June 2009 www.insidetime.org

Newsround Photo: David Rose

Prison violence up by a third Figures obtained by the Howard League for Penal Reform have revealed that recorded acts of violence in prisons have risen by 31% in the last five years. The figures show that self-harm, assaults and fires are all on the rise - with 180,000 acts committed over 5 years. Young Offender Institutions and female prisons are particularly affected, with prisoner-on-prisoner assaults up by 58% in YOIs and self-harm rising by 42% in women’s jails.

Did I say that…? ‘I went one million percent by the book in my expenses claim. It’s all been a non-story.’

There were almost 40,000 recorded acts of violence in English and Welsh prisons in 2008, more than 100 incidents a day.

The Clink restaurant opens at High Down Inside ‘The Clink’ at High Down prison in Surrey, which had its official launch on 11th May and where inmates are trained to prepare and serve ambitious dishes as part of an innovative new project to rehabilitate offenders and help them secure employment upon release. The Clink boasts 50 covers in the main dining room which feature computer controlled multicolour lighting, a slate ‘feature wall’ and furniture which was handmade by prisoners at Frankland. Paid for by £270,000 in charitable donations, The Clink will be used as a canteen for the 550 members of staff at High Down. There will also be a separate dining area which the Governor will be able to use for invited guests who can contribute to the resettlement and future employment of prisoners, and other events including hosting charitable functions. It will not be open to prisoners or to members of the public. "We wanted a realistic, contemporary restaurant so that prisoners who are trained here can go into the real world," said catering manager Alberto Crisci. “Yes, we do have plastic cutlery and we would have preferred metal knives and forks but this is a unique dining experience. “Prices are good for the quality of food served, although we will have to keep prices reasonable because if there are no customers there's no training," said Mr Crisci, who began his career as a commies chef at the famous Mirabelle restaurant in London's Mayfair and later worked in five star hotels.

Director of the Howard League Frances Crook told Inside Time: “This shocking rise in violence is far above what might be expected as we lock up ever increasing numbers of men, women and children whose mental health problems and addictions will never be properly treated within our flooded and failing jails. As these are recorded statistics, it is likely to be just the tip of the iceberg with real levels of assaults, rapes and arson much higher than the Prison Service is admitting.”

Shahid Malik, MP and Minister for Justice, who claimed £66,827 expenses in three years on his London home, while giving his main home as a house he rented in Dewsbury at below market rates of less than £100 a week. A few hours after his statement, he resigned his position as Justice Minister.

‘I have never claimed for the moat, or for the piano tuning the allegation that I did is incorrect. I never claimed for these and I never received any money.

G20 police received ‘insufficient training’ The officer in charge of policing the G20 protests in London has admitted that police no longer have sufficient training in tackling public disorder. Commander Bob Broadhurst (pictured) told the Commons Home Affairs Select Committee that the number of days training that Metropolitan Police officers receive had been cut from four to two a year. He defended the performance of his officers but said that many of them were young people who were not experienced in crowd control. He added that the Metropolitan Police had not been consulted by the Home Office about the date of the G20 Summit or its location at the ExCel Centre in London Docklands.

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Douglas Hogg, a former Prisons Minister, after claims that he put the clearing of his moat on expenses

‘In respect of the moat, I believe that I never claimed for the clearing of the moat … However, I recognise that the clearing of the moat was not positively excluded from the claim, and in recognition of the public concern over this issue I will repay £2,200’. Douglas Hogg speaking two days later

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Newsround

Insidetime June 2009 www.insidetime.org

British social workers are not as good as the Germans or Scandinavians In eight authorities across Britain more than a third of the social worker positions are vacant. Social work university courses are undersubscribed; as the head of one leading charity said. “The people doing social work are the ones who couldn’t get a place doing media studies or sport science.”

British children among least happy in Europe Children in the UK are among the least wealthy and least happy in Europe, research suggests. An analysis of lifestyle factors that contribute to their well-being puts British youngsters 24th out of 29 nations – below Estonia, Slovenia and Hungary. Underage sex, smoking, drinking and drug abuse all play a part in lowering the quality of life for British children. High numbers of NEETS – 16 to 18-year-olds not in employment, education or training – typified the problem, it was found. All the wealthy countries of Europe were placed ahead of Britain by the research that looked at health, family relationships, poverty and joblessness among parents. Crime levels and pollution also contributed to the low standard of living for youngsters in the UK. The research, carried out at the University of York for the Child Poverty Action Group, echoed a report two years ago from UNICEF that put

British children at the wrong end of a list of the 21 most advanced countries. That report cited family breakdown, drink, drugs, teenage sex and fear of violence as the issues confronting teenagers. The new table has used 43 measures taken across Europe in 2006 to produce a ranking based on seven classes of well-being. It put only Romania, Bulgaria, Latvia and Lithuania - four former communist countries - and Malta below Britain for their treatment of children.

Child Poverty Action Group European Well-Being Index Top ten: 1 Holland 2 Sweden 3 Norway 4 Iceland 5 Finland 6 Denmark 7 Slovenia 8 Germany 9 Ireland 10 Luxembourg

Bottom ten: 20 Poland 21 Portugal 22 Hungary 23 Greece 24 Britain 25 Romania 26 Bulgaria 27 Latvia 28 Lithuania 29 Malta

Who do prisoners think they are? Offender Learning Matters, the monthly ‘e’ newsletter produced by the Prisoners’ Education Trust (PET) has been renamed ‘Learning Matters’ ‘From feedback received from prisoners who completed a survey in Inside Time about the use of the term “offenders” when we mean prisoners, we had a difficult dilemma, having Offender in our project title’ said Cos Michael, Project Manager at PET. ‘Prisoners also wrote saying “the term offender is offensive, reductionist and dismissive … it keeps us aware of why we are in prison and why we are different from decent people.” Therefore, the Offender Learning Matters project has become the Learning Matters project.

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There is a very different attitude to social work in Germany and the Scandinavian countries. Over there it is called “social pedagogy” and its practitioners are much more successful in giving their charges a good start in life than their British counterparts. Danish and German children who have been “looked after” by the state are significantly less likely to commit crime or become pregnant and much more likely to leave school with qualifications than their equivalents in Britain. Six out of 10 children in care go on to further education in Germany as opposed to six out of 100 in the UK. More than a third of children in care here become NEETS (not in education, employment or training), as opposed to a national average of 6%.

At the Chelsea Flower Show Her Majesty The Queen puts the finishing touches to a rockery as Charles asks has anyone seen Camilla.

Hazel Blears is unhappy that ‘the message isn’t getting across to the electorate’ without realizing that the electorate dislikes both the message and the messenger.

There are many reasons for this but two stand out: social workers are better educated – 95% have degrees as opposed to fewer than 30% here – and staff turnover is much lower (8% compared with 30%), which means that children in care have the chance of a real relationship with one person. High staff turnover suggests low job satisfaction. In Britain, care workers have to spend hours on paperwork, time which in Germany and Scandinavia is spent with children. In a children’s home in Denmark, the staff give the kids shoulder massages before they go to bed and hugs whenever needed. In this country every social worker thinks carefully before touching a child; spontaneous physical affection is definitely not part of the job description.

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In this country we lump care homes with sink estates as unpleasant but unavoidable. To come out of either with dignity is considered an achievement. But the Germans and the Danes, who have the same social problems as we do, manage to give the children in their care as good a start in life as any.

Don’t take Chances with Your Freedom !

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‘Dear God, we haven’t a prayer’ Gordon Brown reveals his strategy for winning the local council and European elections.

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Insidetime June 2009 www.insidetime.org

Newsround

Wildlife under threat from one particularly successful species: us ith the global population 6.7 billion – and set to pass 9 billion by 2050 human beings are crowding out other species through sheer numbers. As a rising middle class in countries like India and China begins consuming at Western rates, we are leaving less and less room for wildlife.

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Why should it matter to us? After all, nearly all the species that were ever alive in the past are gone today. What does the loss of a few more species among millions matter? For one thing we’re animals too, dependent on Planet Earth like every other form of life whether we live in a green jungle or a concrete one. The more species living in an ecosystem, the healthier and more productive it is. When we pollute and deforest and make a mess of the delicate ecological web, we are taking out mortgages on the Earth that we can’t pay back – and these loans will one day come due. It is tragic whenever an animal species faces extinction, but we will miss some more than others. Here are some of nature’s superstars from Africa, Asia and elsewhere that are some of the planets most endangered creatures.

African elephant

Black rhinoceros

Rhinoceros

Polar Bear

Location: Southern, Central, Eastern and West Africa, South Asia, South East Asia.

Location: Around the southern edge of the Arctic ice floe.

Numbers: 1,500 Indian and 3,300 Black Rhinos

Numbers: Fewer then 25,000.

Status: Widespread poaching has meant that the Rhinoceros mostly survives in protected parks.

Status: Human development and poaching have long threatened the polar bear, but climate change and the loss of sea ice are now pushing it onto the critical list.

Humpback whale

Siberian tiger

Elephant

Tiger

Gorilla

Whales

Location: Africa and Asia

Location: Spread across increasingly fragmented forests stretching from India to south-eastern China and from the far east of Russia to Sumatra in Indonesia.

Location: Africa and Asia

Location: The seas and oceans of the world.

Numbers: Asian elephant between 25,600 - 32,750. African elephant between 470,000 - 690,000. Status: Both the African and Asian elephant are now endangered. Hunting them and trading in ivory is banned, but still occurs illegally.

HENRY HYAMS

Numbers: less than 4,000 remain in the wild.

Numbers: Fewer then 450 Mountain gorillas and 300 Cross-River Gorillas exist in the world.

Status: Eight kinds of tiger once ranged freely in wooded forests over vast areas of Asia. Today only five subspecies are known to survive and all these are classified as endangered.

Status: The greatest risk to the gorilla comes from man’s invasion of its habitats. The forests on which its survival depends are steadily being taken over for crop growing and animal grazing.

NIKOLICH & CAR TER

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Newsround

Insidetime June 2009 www.insidetime.org

 Do you know...? • Pensioners attending morning screenings of classic films at a cinema in Leicester have been issued with a warning letter in response to their allegedly ‘inappropriate and juvenile behaviour’. The customers at the ‘Senior Screen’ events at the Odeon stand accused of queue jumping, intimidating staff, and lining ‘multiple pockets of clothing and Tupperware boxes with biscuits on the basis that they are free’. • A magistrate has resigned after being criticised for ‘tweeting’ about his cases. Professor Steve Molyneux, 54, posted a series of online updates about his work under the name ‘ProfOnTheProwl’, and in one case referred to defendants as ‘robbers’ before they were convicted of any crime. • The average Briton has 16 friends, and 48% of 18 to 45-year-olds admit to keeping most of these ‘out of habit’. Over our lifetime we lose an average of 36 friends and are left with only three who we would turn to in a crisis. • More than one million Britons have never left their hometown and many don’t explore the town they live in. 20% of people living in Edinburgh have never visited the city’s castle; 33% of those living in the northeast have not visited the Angel of the North. • A patient who attacked a doctor with a dustbin complained that his right to privacy was breached when he was arrested. Martin Byrne, 45, flew into a rage when Dr Harendra Patel, a GP in Hackney, east London, refused to sign his claim for incapacity benefit, pointing out that he was in good health. Byrne smashed a cup of tea on the doctor’s head and then belaboured him with a set of scales and a dustbin. When the police came to arrest him, he protested: “Whatever happened to doctorpatient confidentiality?”

despite it being illegal to set a trap to harm a potential burglar.

their neighbourhoods – up 22%. 65% say their lives are going very well or quite well (up 9%). However, 56% think the 2003 invasion was wrong (up 6%). 42% say Britain’s presence in the country since 2003 has been generally negative; 36% think it has been positive.

• 62% of Whitehall civil servants do not think their departments are well managed, 28% do not understand their aims or objectives and 40% are not proud to work for them.

• There are now over two million unemployed in Britain for the first time since 1997. Job-seeker centres are dealing with ten applicants for every job.

• On the eve of the Budget, 38% considered the Brown-Darling team better able to run the economy than their Tory counterparts. Now only 26% do.

• Thirty-nine pubs are closing in Britain each week.

• 64% of 11 to 16-year-olds back laws to keep cigarettes under shop counters.

• 360 school playing fields were sold by councils in England in 2006-07, a rate of almost one a day. • Barbie, who turned 50 this year, is getting a tattoo. The removable tattoo stickers will appear on the new “Totally Stylin” range. According to the toy’s maker, Mattel, they will give children the “chance to be creative and express themselves”.

• A man from Chernyakhovsk, Russia, died just as he was about to accept first prize in the town’s annual pancake-eating contest. Boris Isayev, 48, ate 43 banana and cream pancakes, five more than his nearest rival, and was about to take the prize when he started foaming at the mouth and collapsed. “It was a great shame, because he had really enjoyed those pancakes,” said Yelena Mrozova, an organiser of the event.

• Foreign Office mandarins are embroiled in a row over which religious festivals should be the subject of special greetings from the Foreign Secretary. In the past year, David Miliband has sent out statements to mark Ramadan and the Jewish New Year, but neglected to send Christmas or Easter messages. “We are now consulting with private offices, stakeholder managers and the diversity strategy unit to draw up guidelines that strike the right balance,” says a Foreign Office spokesman.

• A prison officer at Florida’s Franklin Correctional Institute has been sacked for using a 50,000-volt stun gun on children during a bring-your-kids-to-work day. The weapon is normally used to subdue rowdy inmates, but in his defence, Sgt Walter Schmidt claims that parents had given him permission to show it off. Several children were zapped; one needed hospital treatment. “It was not intended to be malicious, but educational,” said Schmidt. “The big shock came when I got fired.”

• One in 20 householders admits to rigging booby traps or snares to entrap intruders,

• Operation Blunt, a government initiative to tackle knife crime, has resulted in 180,000

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searches, 6,270 arrests and more than 3,800 knives being seized. Knife crime has since fallen in nine out of ten of the target areas. • The number of births to unmarried mothers stood at 54,000 in 1975, just 9% of all births. By 2005 that figure had soared to 276,000 or 43%. • Women spend £2,700 on bras during their lifetime. On average, they own 16 at any one time, but wash them only six times a year, wearing each bra seven times in two months before washing it. • A Nottinghamshire postmaster who refused to serve people who couldn’t speak English has been demoted. Deva Kumarasiri, who moved to Britain from Sri Lanka 18 years ago, said that customers who could not make themselves understood were causing long queues, and that they had a duty to learn the language of their adopted country. The Post Office has moved him to a smaller branch, and the Lib Dems, for whom he served as a local councillor, say they can no longer “accommodate” his views. • A pensioner was fined £75 for feeding birds in her local park. Michelina Roy, 70, was given an on-the-spot fine when she threw down a handful of breadcrumbs for the birds in Green Park, West Yorks. It has since been cancelled. • Spanish police intercepted a 42-piece crockery set- including plates, bowls, cups and saucers – entirely made from compressed cocaine. The crockery was sent by recorded delivery from Venezuela to Barcelona.

• MEPs have been banned from using the “sexist” terms “Miss” and “Mrs”. Official guidance on gender-neutral language also outlaws the words “sportsmen”, “statesmen” and “man-made”. • Iraqis are much more hopeful about the future, according to the latest in a series of BBC polls. 85% of Iraqis say the current security situation is very good or quite good – up 23% on a year ago. 59% feel safe in

The Chamber of the House of Commons on the day the Speaker bowed to pressure from MPs and gave a 30 second statement announcing his resignation, and received an £80,000 a year pension and a seat in the House of Lords.

advice you’ll understand, honest.

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The Chamber of the House of Commons on the day MPs were debating the Intelligence and Security Committee’s Annual Report 2007/08 on national security.

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Diary

Insidetime June 2009 www.insidetime.org up with two stories for me this month. Firstly, I was contacted by a newish, smallish charity called Switchback (www.switchback.org.uk) who train prisoners in catering and help them get jobs on the outside. Unfortunately, their joint presentation, together with the Fifteen Foundation set up by Jamie Oliver, was held on the same day as the Vincent House launch. So I asked Switchback’s director, Alice Dawnay, to report on what went on. Here is my version of her version of events.

Month by Month by Rachel Billington

From painting to cooking to award-winning radio; from Kensington, London, to Kaduma, Nigeria … Rachel Billington reviews her month

Twenty-six men took part in the presentation, which was organised by Paul Fry who works in catering training for 4AE in the prison. Will and Steve, already apprentices with Fifteen, gave them some idea of what to expect if they are one of the eighteen successful candidates out of 100 applicants to undergo a year long catering training. Very hard work but rewarding seemed to summarise the view of these current apprentices.

In 2005 Dominic Murphy (pictured left), whose day job is at HMP Wandsworth, started ‘The Learning Journey’ to try and answer this need and help prisoners find work. Since then, eight ex-prisoners have set up successful businesses in art and design; generating in a year eight times their start-up money. Meanwhile The Learning Journey office has executed commissions for graphic design, including CD labels and vehicle livery, website development and fine art - paintings to you and me; which is where six floors of art come in. Vincent House is a residential building in Kensington, London, registered as an Industrial and Provident Society, which means any profits are used, among other things, to help social enterprises. Showing a creative mix of philanthropy and self-interest, the Committee of Management commissioned Dominic and his team to look at the 1939 building and bring professional artwork to the long corridors and public spaces.

Dominic Murphy

Dazzling pictures and abstract panels. Outside a museum, it’s not often I’ve found myself in a building containing six floors of entirely new paintings and other decorative arts. Also enjoying the view was Lord Ramsbotham and the governor of HMP Wandsworth, Ian Mulholland - which might give the clue that this was something to do with prisons. Artwork in prison has long been recognised by anyone sensible as a very productive way

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forward for many men and women. Words like ‘increasing self-esteem’, ‘instilling self-discipline’ and ‘building confidence’ spring to mind - quite apart from the joys of the work itself. The problem comes when the prisoner wants to carry on with the skills he’s learned after he’s left prison. If he’s found a real new talent he may understandably hope to turn it to financial advantage in the paying world outside the prison walls.

The result is a triumph of sizzling colours and imaginative themes, some purely abstract and others based on or copied from a range of artwork, including textiles and London transport posters covering the period from 1920 to 1960. My only sadness was that the artists themselves were not there to enjoy our admiration - for reasons to do with parole conditions, I was told. The Learning Journey (thelearningjourney.co.uk) is also producing fantastic cards and t-shirts. A great initiative, and particular credit to Dominic Murphy and also Ian Mulholland whose encouragement has made the project possible.

..................................................... Now for a different kind of artistry - cooking instead of painting. HMYOI Rochester came

Jemel

Then Alice talked about how Switchback offers support three months prior to release, working towards training in a café on release, leading hopefully to a suitable job. She was followed by Jemel (pictured above) who’d only been out of prison for a month but was already working in the cafe. Life was tough on the outside, he told his previous wing-mates, but relaxed in the café. With interest in cooking and eating out at an all-time high, both charities are on to a good route for ex-prisoners looking for a new career.

..................................................... Religious disputes in Nigeria can and do result in hundreds of corpses and maimed survivors. One of these who lost a hand is Pastor James, who fought as part of a Christian militia against his Muslim enemies one of whom was Imam Ashafa. This is the background to a moving and surprising film called The Imam

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Comment

Insidetime June 2009 www.insidetime.org their love for each other and try, in practical ways, to spread the word that hatred and vengeance is not the way forward.

ancient cultures provided the foundation for all the complex astronomy that has followed. Summer Solstice festivities combined spiritual ritual with the bonfires and dancing of public celebration. So nowadays, when pagans and druids welcome the solstice sunrise at Stonehenge, they may be treading in the footprints of our sun-worshipping ancestors.

Hopefully, prison chaplaincies elsewhere will think it worthwhile arranging a showing of the film.

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

Wheel of the Year

The Imam and the Pastor and the Pastor which describes how the two men became reconciled and now work together to try and change attitudes in their country. Between them they have founded The Inter-faith Mediation Centre which works in Kaduma and the areas around. Director Alan Channer explained to me how his company, For the Love of Tomorrow Films (www.fltfilms.org.uk) began by thinking it a small story but as they delved deeper, realised that the ideas it inspired had the power to spread much further than Nigeria or even Africa. The film was launched at the United Nations in New York, has been shown round the world, and was picked up by the chaplaincy at HMYOI Rochester. The chaplaincy, which comprises a wide range of faiths, have so far organised three showings each time to an audience of ten Muslims and ten Christians. Some of the Muslims originate from African countries which makes it particularly interesting for them to see a ‘good’ African story instead of the usual bad news. But all the men are moved by the simplicity and directness with which Imam Ashafa and Pastor James set about telling their story, proclaim

Finally, congratulations to Electric Radio in HMP Brixton which has won two awards at the prestigious Sony Radio Awards after being nominated for four. As The Guardian’s reporter, Zoe Williams commented, ‘It’s a bit like Radio Five, only much more interesting.’ Brixton’s governor, Paul McDowell (pictured), head of the Prison Radio Association, Phil Maguire, and station manager Andrew Wilkie are all incredibly proud of Electric Radio which started in 2007. But most important are the prisoners who take a six-week course before getting a chance to become a producer which is, incidentally, a paid job. The ingredients are predominately music and interviews, including the Governor’s Interview slot. But the award went to Tiss’s interview with Jonathan Aitken about his time in prison. ‘My social circle expanded beyond my imagination as I went through the cages at Belmarsh.’ Possibly not such a surprise to his listeners.

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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.

T

his month sees the Sun zero-in on the high point of his annual journey - the Summer Solstice on 21st June. On this day the Sun reaches its most northern point in the sky, making this the longest day of the year. This astronomical event is followed three days later by Midsummer’s Day. The word ‘solstice’ comes from two Latin words, sol and stice, meaning sun and standstill. As the days lengthen, the sun rises higher and higher until it seems to stand still in the sky. It’s as if the Sun is pausing just before it changes tack and begins to head back into the southern half of the sky. The good news is that we can expect sunshine and warmth – the bad news is that, from now on, days start getting shorter…

The June sun gives us long days and short nights - not the best conditions for star-gazing. On the other hand, this has always been a potent time of year for ritual and magic. A good example is Shakespeare’s quirky play, A Midsummer Night’s Dream. Based on the belief that on this one night of the year fairies and other magical creatures venture out from secret haunts and into the human world, the bard’s surreal fantasy has given medieval superstition a lasting place in our culture. On 21st June, the Sun clocks up one more sign of the zodiac by moving from Gemini to Cancer. Cancer is the first of the zodiac’s three water signs. In astrology the element of water is connected with the emotions. Cancer is a complex and mysterious sign - shy and romantic, at the same time strong and committed. The crab is a great symbol for describing this contradiction, where a hard outer shell can both hide and protect the vulnerability of a deeply caring nature. Cancer people often possess strength and ambition, especially when they feel inspired by emotional commitment to their goals. The depths and undercurrents of this watery sign can make it difficult to know where you are with Cancerians – and maybe it’s just as difficult for them to feel sure where they are within themselves. The zodiac sign of Cancer is ruled by the Moon. The Moon is the symbol for feminine, magnetic nature. She is the goddess principle. In astrology the Moon is symbolic of our emotions, often the most hidden and complicated side of our personality. The astrologer’s main tool is the horoscope or birth chart. This map of the sky shows the zodiac sign for each planet at the time of birth. So once we know which of the signs our own Moon is in, another vital piece of the jigsaw puzzle of our character can fall into place. The magnificent Sun is always obvious and always powerful. In contrast the Moon seems endlessly changeable. Night by night it changes shape as the elfin crescent of a new moon develops into the beautiful disc of a full moon that sometimes looks as big as the Sun itself. It’s as if the sky provides an arena for their eternal dance together as the moon’s monthly cycle meshes into the annual journey of the Sun.

All around the world, massive stone monuments, such as Stonehenge, were designed to line up with the rising of the Sun at the equinox and solstice points in its cycle. In this way,

In tales and mythologies of many cultures, the Sun and the Moon form a natural pair. They are also symbols of various opposites – day & night, light & shade, reality & imagination, male & female. And perhaps this shows just how much our experience of life is underpinned by the dynamic relationship between these partners in the sky.

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Health

Insidetime June 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) PO Box 251, Hedge End, Hampshire SO30 4XJ. 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 with excessive sweating, the prison doctor was unsure if I could have treatment as he thought it would involve an operation which kills the nerve endings in the armpit. I would be grateful if you could let me know the details.

A A lot of people suffer from excessive sweating. Fortunately there are a few treatments to help people with really severe sweating that doesn’t respond to normal antiperspirants. Firstly there are really strong antiperspirants available made from aluminium chloride, called ‘anhydrol forte’ or ‘driclor’ which are available with or without a prescription. Because they are very powerful, some people find that the skin becomes sore after using them. If you’ve tried normal deodorants, then it’s worth trying this first. Referral to a specialist for botulinum injections into your armpits or iontophoresis (electrical pads) can be very effective. These should definitely be tried before surgery. If these are ineffective, an operation called an endoscopic transthoracic sympathectomy may be performed. This involves cutting the nerves responsible for the sweating at the point they originate in the chest. Because of their position, the operation requires a general anaesthetic (you’re put to sleep) and may be risky if you have heart or lung disease or if you’re very overweight. After this operation, compensatory sweating on the chest or back is a common side effect. About 10% of people experience excessive sweating after certain tastes or smells after this operation. There is a helpful website www.hyperhidrosisuk.org with more detailed information. All these treatments are available on the NHS, but they are not available in all areas and the number of treatments may be limited. I have one patient who responded well to iontophoresis but for it to be effective she has to use it quite frequently and after she had the course of NHS treatment she was told she would have to buy the equipment herself to

continue treatment, probably for life. Since it was effective and safe, she preferred to do this rather than have surgery. The cheapest equipment for home use is about £325. In summary, try the simplest treatments first, surgery is a last resort! Dr Jonathon

Q I currently suffer from sciatica, severe back pain, and because I have a history of opiate drug misuse the doctors were reluctant to prescribe opiate based medication. I believe that opiate based medication could have been used and controlled to alleviate pain with a slow withdrawal process employed. Over a twelve week period the following medication was used, to no effect: Paracetamol 500mg with Diclofenac 50mg 3 times daily; co-codamol 500 with Naproxen 250mg 3 times daily; Diclofenac 75mg twice daily with co-codamol 500 x 2 four times daily; tramadol 100mg one twice a day; tramadol 100mg once a day with paracetamol in possession, then tramadol 100mg and 50mg; paracetamol 500mg four times a day. I suppose as an ex drug user I have a stronger resistance to painkillers. Lastly, is Gabapentin opiate based medication and would it help sciatica pain? A

Sciatica is a type of back pain which is caused by a trapped nerve. The pain is usually in the lower back and can radiate down a buttock or leg. The main aim of treatment initially is to reduce the inflammation associated with sciatica. This is usually by anti-inflammatory medication (i.e. diclofenac) and is given in combination with paracetamol. If this does not help, doctors will either increase the dose or try another anti-inflammatory (i.e. naproxen). If this fails to help, most doctors move on to weak opioid medicines. In your case this included the co-codamol (which is a combination of paracetamol and codeine) and tramadol. I would have followed the same regime as the prison doctor so I hope this reassures you that medication was not being withheld because of your past addiction to opiates. 90% of cases of sciatica settle without treatment, half

of those within 10 days and threequarters within 4 weeks. But it is difficult to control sciatic pain because it tends not to respond to the types of painkillers used for ‘normal/ mechanical’ pain. There are alternatives including amitriptyline and gabapentin (this is not an opiate based medication), though even these have considerably varying results in different people. If the pain lasts more than 6 weeks then further tests, including an MRI scan are indicated, and possible referral for consideration of surgery. Dr Shabana

Q I am 21 and my psoriasis started about 2 - 3 years ago. I had it on my scalp and large circles of it on my leg. It is now getting worse and I have it on my face under my eyes. What causes psoriasis, what medication is the best to use and, most importantly, will it ever go away? A Psoriasis is a common skin condition which usually occurs between the ages of 15-25 although can occur at any age. Once you develop psoriasis it tends to come and go throughout your life. The cause of psoriasis is not known but in some people there may be certain triggers that cause a flare up of psoriasis. These include smoking, infection, stress, certain drugs and many more. Just like in your case, psoriasis typically causes red scaly patches on the skin and in most people the scalp is also affected. The amount of skin affected by psoriasis can vary from person to person. Unfortunately there is no cure for psoriasis but with regular use of cream and ointments you can help keep the psoriasis at bay. There is no ‘best’ treatment for psoriasis since the most effective treatment varies from person to person. There are many different creams available, often used in combination. Finding out what’s best for each individual’s psoriasis may involve trying a few different treatments. It usually takes a few weeks of treatment to clear patches of psoriasis and for best results it is important to use the creams as directed by your doctor. The vast majority of people will respond to creams and ointments however a very small number may be referred on to a specialist for further treatment with ultraviolet light or immunosuppressant drugs. It may help if you and your wife have a look at the following website which offers information and support to people with psoriasis

and their families. www.psoriasis-association.org.uk Dr Shabana

Q Last June I had a second operation for skin cancer (melanoma) and have been prescribed Gabapentin, Oxycantin, Ocynarm, Aspirin, Lansoprozol, Zolpadein (now stopped by prison staff) and now Clonazepam. I also take senna and sodium docusate for constipation. Since my operation I have noticed a decreased appetite, considerable memory loss and depression. Healthcare is not very helpful with my pain control, whereas when I was outside I had it under control. A I’m very sorry to hear you’ve had a recurrence of your malignant melanoma (skin cancer) this is the most serious type of skin cancer with a high risk of spread and recurrence. Depression is common after serious illness and is often overlooked because the doctors and the patient are so focused on the illness, or because they attribute the symptoms of tiredness, lack of energy, poor sleep and concentration, lack of appetite, and so on to the cancer and assume that things will soon get better. Of course, often things do get better, but it’s really important to talk about how you actually feel, emotionally (spiritually, intellectually, philosophically) as well as physically, when you’re affected by illness. Sometimes you get really overwhelmed by hopelessness and negativity and since your recovery depends on your mind and body working together, this needs to be acknowledged and supported or treated as well as the malignant melanoma. Help can come from talking to a nurse or doctor. Many hospital clinics these days have specialist nurses who have had training in supportive counselling for patients with serious illnesses. Macmillan nurses provide an excellent service in supporting people with cancer (not just terminal cancer). A psychologist can give more intensive psychotherapy and some cancer clinics have specialist psychotherapists attached. Group support with other people who have had similar problems can be really valuable. Antidepressant medications of all types can help as well, but really shouldn’t be prescribed without offering the human support outlined above. I think you need to try to explain to your doctor how you’ve been feeling and try to find ways to get the support you need. Dr Jonathon

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Health

Insidetime June 2009 www.insidetime.org

What do the lungs do? ....................................................... Lungs are the organs of the body which are concerned with breathing. Breathing is the method used by the body to take in air and extract oxygen from it. This oxygen is essential for life. It passes from the lungs into the bloodstream, where millions of red blood cells hold the oxygen and carry it to all the tissues of the body. Without oxygen, the tissues would die. The tissues use oxygen to release energy for their various functions. Carbon dioxide produced by these chemical reactions enters the bloodstream, and would be harmful if it were allowed to accumulate in the body. The lungs also have the task of extracting excess carbon dioxide from the blood and allowing it to be expelled when the air is breathed out of the chest. There are two lungs in the chest cavity, set around the heart and the main blood vessels which lead away from, and into, the heart.

How do the lungs work? ....................................................... The lungs do not themselves create breathing movements. Air is drawn into them or expelled from them by the actions of some of the chest muscles. These are the muscles between each rib and its neighbour and also one dome-shaped muscle called the diaphragm, which stretches across the base of the chest space, separating it from the abdominal cavity below. When breathing in (inspiration), the rib muscles contract, causing the chest wall to move up and outwards. At the same time the diaphragm contracts and flattens its dome downwards. These muscle actions increase the

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rate could rise to about 20 times a minute or more. It is not only physical activity which alters the breathing rate; experiencing strong emotions can cause the breathing rate to increase.

thelungs The Respiratory System

What happens inside the lungs? .......................................................

Thyroid cartilage Windpipe

After entering the lung, each bronchus divides many times, with the tubes becoming thinner and thinner at every division. Finally, these microscopically small tubes (bronchioles) lead into clusters of minute air sacs (alveoli). These sacs have extremely thin walls and are covered with a dense network of fine blood vessels with walls just as thin. From the air inside the sacs, oxygen passes through both walls and enters the bloodstream. At the same time, any excess carbon dioxide in the blood moves through the blood vessel walls into the air sacs and will be breathed out.

Arch of the aorta Pulmonary artery Superior vena cava

Bronchus

Lung

The right lung is slightly bigger than the left. From the back of the throat the trachea (tubular windpipe) goes down inside the neck to reach the lungs. At its lower end it splits into two branches, known as the right and left bronchus, which enter the lungs.

Bronchi oles

WARNING ...................................................

Heart

 Smoking can damage the delicate, hair-like cilia of the air tubes which filter out any irritating or foreign particles we breathe in. If damaged, the protection they provide to the lungs is reduced.

Alveoli

Inferior vena cava

The lungs form part of the respiratory system and their function is essential to sustain life. They make the breathing in of oxygen from the air possible, as well as the exhaling of carbon dioxide.

space inside the chest. The resulting pressure change draws air through the windpipe into the lungs, which expand. When breathing out (expiration), the rib muscles relax at the same time as the diaphragm, whose dome bulges up again. The chest walls subside and the chest resumes its former shape. Consequently, the volume of the chest space decreases. The natural elasticity of the lungs causes them to decrease in size, and therefore expel their contents through the windpipe into the atmosphere.

What is the average breathing rate? ....................................................... The normal rate of breathing for an adult is about 12 times a minute. At complete rest, such as when sleeping, the rate may decrease to about nine or ten times a minute. During any vigorous activity which makes the heart beat faster, such as running, the body's need for oxygen is high, and the breathing

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How do the lungs protect the body? ....................................................... The air we breathe is not always as clear and pure as it should be. The trachea and each bronchus are lined with quantities of tiny hair-like threads (cilia) which trap and hold back solid particles in smoke or very fine granules of dust to prevent them entering the lungs. The sticky mucus produced by some of the cells lining the walls of the airways also helps in this filtering process by trapping foreign particles.

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Comment

Restorative Justice Restorative Justice is a way of bringing together offenders and their victims. Today it has broadened from its pure form face-toface meetings to become a catch-all description of programmes and schemes, both jail and community based, which encourage offenders to take responsibility and victims to reclaim their lives through communication, insight and understanding. It is universally accepted that restorative justice works for the majority of victims and many offenders say taking part in a restorative programme was a “tipping point” in their lives. Yet it has been eyed with suspicion and disregard by successive Home Secretaries here. There is less scepticism among professionals working in the criminal justice system, even those wise to claims of prisoner transformations such as Prison Governors, Probation Officers and Wing staff - who frequently vouch anecdotally for its ability to break a corrosive cycle of incarceration and recidivism. In late 2008, Louise Shorter travelled to Ontario, Canada in order to attend a national conference on restorative justice and learn from their extensive use of these programmes over the past 30 years. Here she writes how restorative justice may not be a complete solution to all of the problems facing men and women caught up in crime today but could provide a powerful tool in a cocktail of non-punitive solutions.

Louise Shorter

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years ago a young probation officer from downtown Kitchener, Canada sat writing a pre-sentence report on two young men. After a night of heavy drinking, Russ Kelly and his friend had decided to “raise some hell” in town. Armed with a switchblade and kitchen knife they slashed 24 car tyres and seats, threw rocks at windows, smashed car windshields with beer bottles, overturned a boat, destroyed garden fences and threw furniture into ponds. In all, 22 properties were damaged during a two hour rampage. They were picked up the next day. By the time that young probation officer was writing his report the two men had admitted their guilt and Russ Kelly says they were “sure to see the inside of jail for a long time.” But they were in for a surprise. “Wouldn’t it be neat” thought Probation Officer Mark Yantzi, “If these guys could meet with their victims?” Back in 1974 he spoke to sentencing Judge McConnell who today says he thought the idea was “unusual

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and unprecedented” but was tired of the “revolving door of justice” and so sanctioned the move. Yantzi and the two defendants set about knocking on victims’ doors, they talked with the people whose tyres they’d slashed and homes they’d vandalised, they apologised and reassured them they were not targeted but caught up in random acts of vandalism They saved money to pay for the damage to be repaired that wasn’t covered by insurance. This novel approach had a mixed reaction from victims. Russ Kelly says “some victims offered forgiveness whilst others wanted to give us a good whipping.” At least, for the first time, those victims had been given the chance to talk about how they’d been affected. Judge McConnell was satisfied it had been tough for the offenders to face up to their crimes and believed a purely punitive jail term would achieve nothing more. At the time, Yantzi called it the Victim Offender Reconciliation Project. Today they call it Restorative Justice and though the application of it has broadened over the past four decades, in spirit it remains the same. In its purest form, restorative justice is where offenders meet their victims to talk about what happened and take responsibility; in our traditional system of crime and punishment victims often feel marginalised yet here they

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are allowed a voice and the opportunity to reclaim their lives. Today though broader restorative approaches are often employed; perhaps victims meet offenders but from a different crime; or an offender is asked to make reparation to a community by fixing the damage caused. This new flexibility has allowed it to become a worldwide phenomenon. Every day, around the world, it is being employed by schools, employers, police, courts, entire cities and, sometimes, jails too. In Canada, many different people at many different stages of the criminal justice process can divert a case down the restorative route. What the Federal Government has tried to do is stop people going to jail in the first place. Mark Yantzi, says “the incarceration of youth [in Canada] was one of the highest in the Western world – higher even than the U.S.A. By introducing alternative measures, the custody beds were significantly reduced and the savings were invested in agencies like ours to provide non-custodial programming involving victim offender meetings.” Law enforcement officers must consider it, trial Judges can order it and even Crown Attorneys have been known to request it. Mark Yantzi says “most of the people before the court are diverted at a community police level. There are also programmes that deal with more violent crime that follows, usually, a guilty plea and are prior to sentence … Over the years many charges of assault causing bodily harm have been referred by the Crown Attorney at a pre-trial level.” So many cases leave the court system early but if it gets as far as being in front of a Judge, he or she must decide if such a programme is suitable. If it is, and is completed successfully, the Judge can significantly reduce a jail term or even decide against one. Most restorative programmes are rooted in the community yet Jennifer Davies, who runs a programme in Ontario bringing together sexual offenders and their victims, believes their existence is vital to the expansion of similar schemes in prisons. She says “the Government often doesn’t make a change until it’s got a proven track record.” She believes the current right-wing Canadian Government is a “friend” to the restorative movement. More than a decade ago, in 1996, the Canadian Government embraced restorative justice by setting up a dedicated department within its own Correctional Services. This top-down approach means that the hundreds of community based restorative projects - often staffed by volunteers - receive training, guidance and can work within a tried and tested framework. In the UK the approach is much patchier. Some individual prisoners may have faced the question of whether they are prepared to meet their victim and look them in the eye, yet more still will have not. Disdain from the tabloid press must be partly responsible for the lack of progress here. With headlines such as “Let-off for teenage thugs who say sorry to their victims” (Daily Mail 12.12.07) ringing in

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“‘Wouldn’t it be neat’ thought that young probation officer, “If these guys could meet with their victims?” Mark Yantzi, the young probation officer

“Back in 1974 Mark Yantzi spoke to sentencing Judge McConnell (pictured) who today says he thought the idea was ‘unusual and unprecedented’ but was tired of the ‘revolving door of justice’ and so sanctioned the move” “Some victims offered forgiveness whilst others wanted to ‘give us a good whipping.’ At least, for the first time, those victims had been given the chance to talk about how they’d been affected” Russ Kelly

“One of the hardest things I have ever done in my entire life.’ Yet public perception amongst those who have never experienced it remains that restorative justice is soft justice” Russ Kelly saying of the time he met his victims

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Comment

Insidetime June 2009 www.insidetime.org their ears, ministers are said to “encourage but not require” prison Governors to develop restorative programmes, though insiders say they’re even falling short of this. Many believe it is civil servants who distrust this way of responding to crime and dismiss it as merely a passing fashion. Across the UK, practitioners and enthusiastic volunteers continue to push for the survival of their own individual programmes but very often survival hangs precariously in the balance; from one year to the next, dependent on the support of an enthusiastic Governor, likely to fail if a key staff member moves on or local authority funding finds a new cause in which to invest. Former Governor of therapeutic prison HMP Grendon, Tim Newell says “what is needed is a strategy from the Ministry of Justice to enable Governors to develop the work with standards… it will take political guts to do it and that is clearly not evident at present.”

In pursuit of re-education Dermot Donovan explores the similarity between life under the brutal Pol Pot regime and that of today’s long term prisoners under the current Government’s ‘modification’ agenda

What is your experience of restorative justice and victim awareness courses? Is it a let-off for prisoners?

RESTORATIVE JUSTICE Responsibility, Reparation and Rehabilitation for Prisoners and their Victims

This article is an extract from Restorative Justice Responsibility, Reparation and Rehabilitation for Prisoners and their Victims. The Report was funded by BT and written and researched by Louise Shorter on behalf of Inside Time. Inside Time sent a copy of the Report to the 14 members of the House of Commons Home Affairs Select Committee and to the 14 members of the Justice Select Committee. We wrote an individual letter to all 28 MPs asking if their Committee had, in recent times, considered the value of making Restorative Justice a mandatory part of the Criminal Justice System. Responses received to date: 0. Louise Shorter is on the Board of Directors of Inside Time and a former Radio and TV Producer

And what of re-education? You complete the courses, you do your tariff and you’re out? That’s exactly what the press would have the public believe. I have read papers screaming

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Basically, Labour has kept their pledge to be ‘tough on crime, tough on the causes of crime’. Everyone says the Government didn’t properly think through the implications of Imprisonment for Public Protection; well, prior to IPP you had Automatic Life Sentences (I'm on one). This was created in the late 1990's. Anyone convicted of a second serious specified offence had to be given Automatic Life. There were just 11 specified offences. There are now 153 specified offences that you can get IPP for. Like Pol Pot, Labour seems obsessed with contolling everyone’s lives.

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I mention it now because Lifers and IPPs make up nearly 10 per cent of the prison population and every one of them, including me, will be subject to re-education. The lucky ones will only do a couple of courses; the not so lucky will do lengthy TC work where they will be actively encouraged to deceive and then inform on each other. The really unlucky ones will do years in DSPD units. We all know that if we don't partake in re-education, we’re never getting out.

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n the 1970's, a man called Pol Pot took control of Cambodia. As leader of the Khmer Rouge his regime embarked on a brutal reconstruction programme during which many thousands of Cambodians who didn’t fit his ideals were killed. He returned the country to what he called ‘Year Zero’. Some were sent to ‘re-education camps’.

I A report funded by BT and written and researched by Louise Shorter on behalf of Inside Time - the National Newspaper for Prisoners.

In March this year a special report written by former Government Minister Jonathan Aitken (pictured), called for restorative justice to be at the centre of the prison system. Mr Aitken, who has first hand experience of the prison regime, spent 16 months examining the current system on behalf of the think tank Centre for Social Justice. He has proposed new legislation including a Restorative Justice Act which would bring about “the full introduction of restorative justice, making criminals come face-to-face with the after-effects of their crimes.” Sadly Jack Straw is still to be persuaded of the merits to society and prisoners of putting restorative justice centre stage. In 2008 he said “there are numerous case studies and anecdotal evidence of where it does work. But there are also cases where it does not.”

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how a criminal is eligible for parole in, say, just 3 years. Yet we all know, given there are 80,000 of us who all need re-educating, the tariff date in the vast majority of cases is totally worthless. The public know nothing of Labour’s re-education camps. We’re taught how to behave like ‘normal’ citizens. We’re taught how to suppress our feelings. Amazingly, we’re then expected to live according to the rules of society. This is flawed, as not every prisoner lives by such rules. Some don't give a damn. Should they pick a fight with a Lifer/IPP, the individual, having completed re-education, is expected to literally ‘take it on the chin’. Anything else and it's deemed he didn’t use his anger management ‘skills’. If a Lifer/IPP has an argument with an HMPS employee, it can be deemed that he was aggressive, didn’t use his assertive skills and was impulsive. HMPS employs an army of psychologists, probation officers and what they call ‘course facilitators’. An ETS facilitator once actually said to me … "there is never a reason to use violence". She actually advised me to report another inmate if I felt he might attack me. As I mentioned, re-education is flawed for while reporting someone in the community, as a citizen, is acceptable, such behaviour in jail is just not an option. Basically, any Lifer/IPP has to get to their parole without any adjudications or even bad interactions with staff. Anything less and the Parole Board will deem … "he didn’t use his skills". And after all, if you fail to use your modified behaviour skills in jail, well, what are you going to do in society? And what of parole? In the 3 years I have been in Parkhurst I have seen 3 IPP inmates released. I recently had two friends up for parole. From their description, they were subjected to an inquisition, with the Board more concerned with their previous convictions. The progress both my friends had made appeared to be grudgingly accepted. As one of them said, "If I had failed one piss test, it would have been curtains”. After all, he had completed drug re-education; yet had he chosen to enhance his grim reality of the last few years, and been caught, the Board would have deemed him too much of a risk to be released. The average parole knock-back is 2 years, something the public has absolutely no clue about. As it happens, of my two friends one of them went for release. The board grilled him for 3 hours. From what I hear, they were contemptuous to both him and his lawyer; even to his probation officer - who backed release. Like it or not, he has remained drug free and well behaved. After all, once a lifer has completed his targets, completed his tariff, the only thing keeping them in is the risk factor. Hold it down after doing the re-education and you have half a shout, although easier said than done I know. I once had an officer say: “It's a game". I now realise it isn’t. And any released lifer will be a solid citizen, their emotions suppressed, their behaviour ‘modified’ … which is where we came in courtesy of Pol Pot. Dermot Donovan is currently resident at HMP Parkhurst

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Insidetime June 2009 www.insidetime.org

Comment

Africans to think for themselves or to exercise and express their individual curiosity and thought. They educate Africans to become slaves to Christianity and to accept blindly and not to question or challenge Christianity’s God in areas where people are poor, in desperate need and illiterate, and thus prone to being indoctrinated and exploited.

Charles Hanson erard McGrath in ‘The Pontiff Pontificates’ (Inside Time May 2009) exposes so succinctly the dangerous and illconceived responses of some of our religious leaders to the African crises of poverty, HIV/AIDS, economic disadvantage and other social ills that it beggars belief the Catholic hierarchy, as pointed out by Gerard, should advocate that abstinence from sex and marital fidelity are the remedies to halting the spread of HIV/AIDS. This patronising and condescending nonsense must rank as the most naïve advice and can only come from those who rely on superstition in their daily lives, and are forever protected from the harsh realities of life behind the obscenely wealthy and arguably out of touch Catholic institution known as the Vatican.

G

Whilst missionary hospitals do indeed heal the sick, they also kill by denying women the rights to abortion and to reproductive health services, and it is important to note that in these hospitals the sick are healed using scientific means, not prayers or some so-called ‘power of God’, and water is provided by installing water pumps using modern technology and not by some hocus-pocus Catholic dogma.

Awash with Gods; slaves to Christianity

Africa does not need such ill-informed advice from a servant of God. In fact Africa needs many things … and God or the Pope is not one of them

I would go even further than Gerard, who argues that the Pope was wrong to offer his own prescription to halt the pandemic of HIV/AIDS which might be advice better aimed at so-called celibate Catholic priests than a troubled continent. Africa does not need such ill-informed advice from a servant of God. In fact Africa needs many things … and God or the Pope is not one of them, and least of all the Catholic Church; for wherever the Catholic Church is

Lifer Charles Hanson challenges the importance of religion over constructive development, education and freedom of thought strongest (South America, Africa and the heavily populated Philippines) so too is poverty, illiteracy, infant mortality rates and the lack of any meaningful healthcare provisions.

Africa has thousands of them. Or the Jewish God? Or the Christian God? Or the Islamic God? Which deity does the Pope think Africa needs? None! In fact Africa is awash with Gods.

Women in the poorest economies who have child after child with no realistic chance of upholding what is expected of the meaningful maintenance family life, because of the Catholic Church’s ban on contraception, inflict the heaviest toll on community life where we see significant numbers of children being subjected to malnutrition, disease and early death; and what we get from the Church is, ‘it’s God’s will and Africa needs God’.

The early missionary movement in Africa claimed that they were carrying out God’s work and sought to convert as many as possible to Christianity, whilst the latter day missionaries tell the ‘converted’ that the provision of a water pump in an isolated village is evidence of God at work. No it is not. It might be the result of one of many humanitarian projects carried out by non-religious groups which have impacted in a positive way on the lives of Africans; and missionaries who take up teaching in African villages do not allow

Which God does Africa need? Is it a tribal God?

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Such dogma has achieved very little in the lives of Africans except to replace one organised superstitious system with another, and with modern day witch-hunts, sanctioned and sanctified by the Church, we see sexism, the persecution of gays, the right to contraception and abortion all used as a means of control to keep people subjugated and disempowered. What Africa needs is good governance; good infrastructure; good roads; good schools, colleges and universities. Africans need sound education and training that would help them to think, create, criticise, debate, invent and innovate freely; but most of all it needs freedom and this includes a free society, a free mind, free will and free expression of intelligence and reasoning, not superstition or the kind of advice from the Vatican that shackles their minds and chains their intellect. This, not the Catholic Church, is what Africa needs and then and only then might we see a decrease in the HIV/AIDS pandemic which is causing so much devastation to the lives of millions of Africans. The Pope’s solution proves only one thing; that it’s often religion which is the bar to human progress and advancement, and rather than be seen as the solution, as he would argue, it is often the problem. Charles Hanson DipCrim is currently resident at HMP Blantyre House

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Insidetime June 2009 www.insidetime.org disclosure in The Times newspaper that a Koestler Awards prizewinner was also a double murderer may already be a distant memory for most people. The work in question - an incredibly original three-dimensional tableau created from the printed score of Beethoven's Ninth Symphony (pictured) - was removed from public display, but only after it had been seen and greatly admired by thousands of people. In doing so, this response confirmed what Lord Northcliffe, founder of the Daily Mail, is quoted as saying: 'The power of the press is very great, but not so great as the power to suppress.'

Without doubt the works of these creative geniuses - be they painters, writers or musicians - will continue down the centuries to be enjoyed and appreciated; unaffected by criminality in their personal lives. Perhaps the dilemma of linking artistry with a criminally-stigmatised artist can only be resolved when depersonalising great works of creative originality. But such attempts at detachment would fail because originality, in whatever form of artistic expression, belongs uniquely to an individual. The creator and his creation are thus inextricably linked.

A

Unfortunately, for some prisoners this mediagenerated uproar risks discouraging the healthy development of their artistic talent; yet if the same excuse for suppressing one artist's work was applied to the numerous others who throughout history have committed criminal acts - some including murder - then the quality of life would be greatly diminished for everybody. More to the point, is artistic merit and creativity to be determined solely on the originator's character or on what he or she has uniquely produced?

Although it is this which bestows greatness and distinction, this is not the motivation behind the Koestler Awards scheme. In the words of chief executive Tim Robertson "... we motivate offenders to take up the arts as a channel for a law-abiding lifestyle. We do not ask our entrants what their offences have been, we have no role in matters of sentencing or parole..."

The power to suppress

John O’Connor believes that criminality should such creativity can never be allowed to detract from creative genius survive centuries of critical acclaim, which is more than can be said about today's tabloids. For them, their future in their self-appointed role as guardians of the nation's moral values is to end up as tomorrow's fish and chip wrapping paper Let's take a look at some of the convicted criminals amongst today's leading artists, including entertainers. If we are to slavishly endorse the rent-a-mob mentality of the tabloids, then all the records produced by Phil Spector should be banned henceforth; for just a few months ago a Los Angeles jury found him guilty of murdering his girlfriend. Spector is arguably pop's most distinctive record producer, best known for a string of hits by a variety of artists including the Beatles, Rightous Brothers,

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Ramones etc. His creativity is the ‘wall of sound’ technique he perfected. But it's not as though the public is apathetic about his criminal behaviour. In a recent poll, in answer to the question 'should we stop playing Phil Spector's music? - 19% of respondents said 'yes’. Conversely, a resounding 81% said ‘no'. The Rolling Stones are hardly role models when is comes to brushes with the law. But sufficient enough to ostracise them and ban their music from the airwaves? Yet is seems that such criminal behaviour adds an essential credibility to their artistry (but don't mention Amy Winehouse!). More recently, Babyshambles lead singer Pete Docherty has enjoyed the hospitality of Her Majesty's prisons following a conviction for illegal drugs use. Amongst other famous 'guests' was Oscar Wilde, criminalised and imprisoned because of his sexual orientation, but no-one suggests the public be denied access to his plays and books. Richard Wagner, he of the marathon operatic cycle Der Ring des Nibelungen, was

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constantly escaping to Switzerland when eluding the Bavarian secret police. Going way back, in 1590 the Italian composer Gesualdo murdered his wife and her lover and 200 years later, in 1791, Mozart is alleged to have been poisoned by his arch rival Salieri. The Italian artist Caravaggio, described as being ‘the most powerful, original and influential Italian painter of the 17th century' was also regarded as an 'evil genius'. In the years 1600-5, he built up a lengthy criminal record for assault and insulting behaviour. In 1606, he killed a man over a wager on a tennis match. Yet such criminality in no way detracts from Caravaggio’s creative genius. Successive painters have tried in vain to capture that artistry which remains unique to Caravaggio. And who other than a bigoted tabloid is likely to suggest that because of his criminality, his paintings be removed from the world's leading art galleries? Mind you, there would be plenty of private billionaire collectors willing to snap them up at possibly many millions of pounds each.

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In his letter to The Times newspaper, he stated that … "supported by HM Prison Service, we have been awarding, exhibiting and selling artworks by offenders for more than 47 years. Our awards attract more than 5,000 entries a year and our annual exhibition attracts nearly 10,000 visitors. This recognition of achievement gives powerful encouragement to offenders to learn new skills and find positive new directions in life..." Tim Robertson ended his letter by stating … "we hope the naming of an individual will neither cause distress to his victims nor jeopardise our valuable work." Without doubt, life would be a far duller place for us all if anyone with a criminal conviction were denied an outlet for their creative genius. It is through the Koestler Awards scheme that such creative potential is encouraged and nurtured to a successful conclusion. And remember, despite the tabloid ranting, such creativity can survive centuries of critical acclaim, which is more than can be said about today's tabloids. For them, their future in their self-appointed role as guardians of the nation's moral values is to end up as tomorrow's fish and chip wrapping paper. * John O’Connor is currently resident at HMP Whatton. He is Editor of the prison magazine WHATT’ON EARTH!

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Sex offenders and their place Does child abuse cause crime? Solicitor Peter Garsden examines the theory that an abusive within the prison estate childhood leads to offending behaviour Lifer Craig Topping advocates the use of secure hospitals to house sex offenders n the seven years that have passed since my imprisonment, it has been noticeable that there have been a number of fellow prisoners who have been ‘outed’ as sex offenders. This has often led to a number of rather unsavoury incidents: cells being ransacked; property being stolen or destroyed; police depositions being stapled to the walls of the wing; staff and prisoner bullying of the individual; urine being deposited in their bedding and hot-water flasks; and the worst incident yet faeces being smeared in the suspect individual’s face and mouth during an association period. So having witnessed all of this happening with my own eyes, I realise that to be a sex offender is not the easiest or happiest of situations.

I

This has got me thinking about how the government and prison service can change their procedures and processes when dealing with such offenders; not necessarily for the offenders' sake but for my own - I really don't appreciate having such sordid incidents intruding within my own personal little world. In April, I watched a BBC2 documentary featuring that intrepid yet bland reporter, Louis Theroux. The documentary was 'Louis Theroux: A Place For Paedophiles.' It became obvious to me that the 500-patient hospital, Coalinga State, run and funded by the American state of California, is a step in the right direction. I think I speak for most of the right-thinking and intelligent section of our society when I say that the current British practice of sending sex offenders to prison following conviction and sentence is flawed. I believe that anyone accused or convicted of a sex offence, be it against a minor or adult, has impulse control issues and a genuine mental inability to change their ways. For this reason, I believe that a number of our prisons should be removed from the prison estate and turned over to NHS control; and that these ‘hospitals’ should house all sex offenders from remand through to release. I also strongly believe that sex offences should be removed from the remit of the Criminal Justice Act and that no sentence should be imposed on those convicted other than to hospitalise them within the nearest suitable location from which they would only be released upon expert psychiatric and medical agreement. It seems to me that the complete separation of sex offenders from other criminals makes sense, not just financially but would ensure a better living environment for all involved. It is of some concern to me that it is being predicted

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that by the 2020s, sex offenders may well become the largest single class of offender within the prison estate - as more and more people are convicted for Internet child pornography offences (Channel 4 News). Although these computer offences appear to differ from those of the actual physical ones (i.e. assault, buggery, molestation and rape), they are in my opinion just as culpable and insidious in their purpose. Most sex offenders escalate their crimes over time, so it is highly likely that the two types of offence (physical and non-physical) go hand-in-hand. Another worry that I have is that the figures just don't add up. Within the prison estate there are a number of units and places made available for 'vulnerable' prisoners, many of whom are not sex offenders at all, yet it seems to me there are just not enough suitable spaces available to cover the number of actual sex offenders within the prison estate (there are over 3,000), which leads to the disturbing scenarios described previously. I know of three former prisoners who were fellow school pupils of mine and who were happily moving around on normal location, yet were using false identities having been convicted of sex offences. Obviously it is not for me to tell the prison service what to do with the excess of sex offenders, as then I may be given an even harder time of it by those pompous, sulky, and ‘up-their-own-backside’ officials who think 'they know best.' So I thought I would send this article to Inside Time instead! If you, like me, would appreciate being able to trust and respect those around you for being who they really are, then it is about time that sex offenders were entirely removed from the prison estate. This would benefit the sex offenders themselves, because by being hospitalised without a set sentence and date of release, they would truly engage in their treatment and hopefully open up to themselves and to others. A sustained and intensive regime of counselling, psychotherapy and psychiatric evaluation, not adequately available within the current system, would surely help them to change themselves for the better. It may also stop them from placing life and limb at risk by being singled out by other offender types. Maybe sex offenders should begin bombarding their MPs and HMPS with demands for a better, fairer, and safer system. Craig Topping is currently resident at HMP Featherstone

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the pubescent abuse and becomes a way of life; thus there is a link. In later life, the inner anger most child abuse survivors feel towards their abuser can surface when triggered, and result in a crime of violence. The victim can be anyone who challenges the survivor and attempts to render them powerless, because the experience is a repetition of the powerless feelings experienced when abused. he National Fire Service were concerned to discover that a large proportion of those who commit arson in this country were the former victims of child abuse, while a survey of prisoners in Liverpool found that 80% of males and 90% of females were similarly abused in childhood.

T

So why does it happen and how does abuse make survivors feel? Angry; depressed; unloved; abandoned; betrayed; neglected and undeserving of attention to name just a few of the typical feelings; so do these feelings lead to a life of crime? Although the abuse survivor does not always realise the abuse is wrong, the internal confusion can lead to chaos. Inner anger turns to outer frustration. Once aged 17/18, drink and drugs are used to numb the hurt feelings, nightmares and daytime flashbacks. Acquisitive crimes to pay for the chemicals are inevitable if the survivor is unable to find employment. The Criminal Injuries Compensation Authority (CICA) argues that the further away from the abuse the crimes are committed the less likely there is to be a connection. To me, crime can start for reasons connected with

Dismissal from employment is not a crime per se, but arguments with bosses are commonplace for a victim of abuse. Once again, a representative of authority is in a position of power. If the decision affecting the victim appears to be unfair, then this triggers feelings of powerlessness and a violent argument may result. In a good case the outcome is dismissal, and in a bad case assault. The limited surveys mentioned above would appear to illustrate that many residents of our custodial institutions are the victims of abuse in childhood, and that lack of care in infancy is responsible for the anti-establishment attitude which is so common. Some prisons have help programmes to assist disclosure; yet how many others are there who, quite understandably, keep their past a secret?

Peter Garsden is the senior partner of a firm of solicitors Abney Garsden McDonald, Cheadle Hulme, Cheshire. [email protected] / www.abneys.co.uk who have the only dedicated child abuse compensation department in the country.

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Adjudications and IEP: which is the fairest of them all? Stephen Shaw, Prisons and Probation Ombudsman, writes exclusively for Inside Time n article in April’s issue of Inside Time incorrectly suggested that, as Ombudsman, I could act as a point of appeal against adjudications presided over by the independent adjudicators. Sadly, this is not so. While I can and do review the adjudications of Governors (both the findings of guilt and the punishments imposed), I cannot look at the decisions of the district judges who act as independent adjudicators in the most serious cases or when added days can be imposed.

A

There is an interesting tale to tell here. Once upon a time I could review all adjudications as they were all conducted by Governors. But in a landmark case (Ezeh and Connors), the courts decided that Governors were not sufficiently independent to impose added days and that there had been a breach of the European Convention on Human Rights. So far, so good, you might think. However, the perverse outcome is that there is now no route of appeal against a finding of guilt, although the punishment can be looked at by the Senior District Judge if it is “manifestly unreasonable”. (I have never seen any figures on how often this happens and with what outcome. It would make a good subject for a Freedom of Information request.) In other words, a legal action designed to enhance human rights has ended up removing any right of appeal. Just like God, the law works in mysterious ways. As it happens, my office still receives many appeals against Governors’ adjudications but the cases where most is at stake - those involving added days - are now outside my jurisdiction. However, I suspect that most prisoners would say that today it is the Incentives and Earned

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Privileges Scheme (IEP) that is the critical issue and not formal adjudications. Certainly the number of warnings, ‘strikes’, and downgradings under IEP must far exceed the number of disciplinary hearings. And this is indeed reflected in the work of the Ombudsman’s office. At one time, the review of adjudications represented nearly 20 per cent of our work. Today it is less than 10 per cent, replaced by complaints about IEP. Adjudications and incentive levels are supposed to be kept separate, but I wonder if this is entirely sensible. In respect of adjudications, the standard of proof is ‘beyond a reasonable doubt’. In contrast, IEP decisions can often appear unfair, random, and inconsistent. They are certainly discretionary and have invested a lot of authority in frontline staff. However, I know that many prisoners believe that this authority is not exercised reasonably. Bringing IEP and adjudications closer together might increase the range of penalties open to Governors (and thus act as a deterrent against poor behaviour), but it would also make the IEP system fairer - and thus remove a continuing source of grievance. What the impact on my office would be is a matter of speculation. In 2008-09 we again saw a rise in the number of cases for investigation although, in the absence of extra staff, I am all too aware that the consequence has been delay and a poorer service for complainants. What we are trying to do is to investigate complaints more proportionately. In other words, more resources for the very serious complaints but a lighter touch for issues that are objectively less important. I appreciate that this is easier to say than to do. Everything that happens to a prisoner is important because there are so few things within your direct control. And the whole point of a complaints system is that decisions should be fair, reasonable and reasoned. At the end of the day, the Ombudsman is the judge of fairness - but no longer so far as some adjudications are concerned.

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OMBUDSMAN’S CASES A selection of the Ombudsman’s cases taken from the Prisoners’ Rights Bulletin Spring 2009, Prisoners’ Advice Service Rule 39-legal mail Mr B complained that a legally privileged letter from the Court of Appeal had been handed to him already opened, contrary to Rule 39 protocols. He also complained that another legally-privileged letter had been processed as an ordinary letter. The Ombudsman noted that he receives a large number of complaints about alleged interference with Rule 39 mail (Rule 39 should ensure that legally privileged correspondence is protected). The Ombudsman acknowledged that human error was sometimes to blame and that in busy correspondence units mistakes will happen from time to time. However, in this case the Ombudsman was concerned about the apparent shortcomings of some prisons' arrangements for handling correspondence between prisoners and their lawyers. In Mr B's case, he was particularly concerned that those who responded to his complaint did not seem to be aware that the prison had specific handling procedures for letters from the Court of Appeal. Mr B was repeatedly advised that the letter had been opened in error by the correspondence unit when, in fact, there was no evidence it had passed through the correspondence office. It was also agreed that a record should be kept of the reason for opening mail, and explanations for any errors should be given to prisoners on receipt of their letters.

..................................................... Dress on visits

Mr H complained after a female relative, who was eight months pregnant, was forced to remove a 'poncho' she was wearing before being allowed into the visits area. As a result, she felt vulnerable and exposed and became distressed, curtailing the visit. Mr H complained that other female visitors were allowed to wear more concealing forms of clothing. The Ombudsman investigation found that, for reasons of security, the prison had a policy that no visitor would be allowed into the visits area wearing a poncho. The only exception to this rule was clothing with a religious or cultural significance. Though the Ombudsman supported security precautions to prevent illicit items being passed to prisoners, he was dismayed by the application of rigid policies which showed no willingness to consider individual circumstances. The ban on ponchos was particularly perplexing,

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as it was not also applied to clothing which presented similar security concerns. This suggested that those security concerns could be dealt with in a more sympathetic way. Moreover, families were not advised in advance of the limits on clothing and as a consequence Mr H did not have the opportunity to see his relative as he and she would have liked. On the face of it, this may have seemed a relatively petty matter however the Ombudsman pointed to family visits playing a critical part in meeting a prisoner's basic needs and in their eventual resettlement. Visiting someone in prison was a daunting experience for many people and it is important that the Prison Service does all it can to make the process as smooth as possible.

..................................................... Visits from children

Mr J complained that the prison was not allowing visits from his niece. He said that his niece was the only child of his sister with whom he was very close. Mr J said that his sister had visited him every month for the previous five years along with her partner and that they were both happy for his niece to visit. The Governor responded that he did not consider Mr J's application to be in the best interests of the child. Mr J was subject to child protection measures as a result of his offence. The Child Protection Forum had advised that he could only receive visits from his own children and siblings, unless exceptionally the Governor believed it was in the best interests of a child not in this category to visit. Mr J explained that he had been convicted on a single count of rape on a teenage girl. He said that he had pleaded guilty at the earliest opportunity and was deeply sorry and ashamed of the offence. However, Mr J said that his offence had not been committed against a relative, nor was there any aspect of grooming or conditioning the victim and therefore it was wrong to suggest that his niece was in any danger by having contact with him during a visit. The Ombudsman said the guidance rightly suggested that the balance of argument in such cases is rightly weighted heavily in favour of child protection. In all likelihood, Mr J presented no risk to his niece either now or in the future. However, there was no suggestion that it was the child's best interests that were being served by the visits. The complaint was not upheld.

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any people are shocked that our prison officers get just two months training whereas in Norway it’s two years. Whilst our officers only need Basic Skills Level 1 and can train for an NVQ, Norway are turning their training into a degree. So what is the answer?

Security: A very important area of study and fundamental to the workings of a prison, and an area misunderstood by many staff who don’t understand their role in dynamic security.

M

I do not agree that a plethora of ‘certificates’ equates to high intelligence. Many very intelligent people have not had the opportunity for higher education, so other methods need to be explored. Psychometric testing must be introduced to weed out the unsuitable people at the earliest stage and explore the person’s motivation for wanting to be a prison officer: as the Stanford Experiment* showed, prison warders will tend towards abusing prisoners (and damaging prisoners does not help lower re-offending rates). All training and management must start from this assumption. A significant number of HMPS staff would agree that there needs to be a minimum age for recruitment. One person on the Government website bemoaned the recruiting of 18 yearolds with no life skills: filling vacancies with inappropriate people is no longer an option. It is crucial that new recruits have proper work experience in the ‘real world’ and a range of ‘life skills’; clearly lacking in 18 year-old school-leavers. If all new recruits had a minimum age of 25, and work experience outside the armed forces, they could use the intervening years to attain the 2 ‘A’ Levels or OU Introductory Diploma that would be required; and at the same time gain the maturity needed of someone in such an important position. HMPS should liaise with the Open University to create an accredited course for Prison Custody Officers (mandatory for public and private prison staff). OU students complete a number of short courses called ‘credits’ which build towards a degree over a flexible time span. The first of these could be an Introductory Diploma for those who do not have ‘A’ levels, or for current staff who need further education or an introduction to adult learning. Applicants could complete the diploma before acceptance or as part of the recruitment process. New staff would select and complete enough credit points to obtain an OU Degree in ‘Custodial Studies’. This would be nationally recognised but allow staff to create their own unique degree and career path by choice of credits; depending upon their own specific interests and talents. It is beyond my wit to suggest how the course could be developed, but I would suggest ‘credits’ to cover:

History of the Penal System: Warders need to understand the absolute rights prisoners have; for example, in relation to privileged material, and how these rights and the current rules have developed and why they are so important. They must be educated to understand that these rights underpin our society and are not there to be abused. Health and Safety: An ever increasing area of importance.

© prisonimage.org

Prison officer recruitment and training The House of Commons Justice Select Committee has launched a website asking for views on Prison Officer Recruitment and Training and has recieved over 11,000 comments; mainly critical and almost exclusively from prison officers; who generally think that the recruitment process is too lax and the Prison Service is employing unsuitable people. Paul Sullivan reports. Prison Law: The Prison Rules state that every officer must comply with the prison rules but most know little to nothing about them, and those that do tend to treat them with contempt. It is not just about being able to quote them; it’s about understanding what they mean.

to understand how to work with these people.

Communication Skills: Prison warders are supposed to use their inter-personal skills to gain compliance from prisoners and defuse situations. This is one element lacking in most current employees, especially the new school leavers that are appearing on the wings.

Management Skills: Staff are appointed to management or governor grades with no management skills. Is it any wonder there is so much distrust and discontent from officers and prisoners? The ‘Fast Track’ of graduates to governor level has not only led to inadequate governors it has also bypassed skilled and experienced officers who would have brought more to the post than just a suit and degree in economics.

Mental Health Studies: More and more people with mental health problems are being stored in prisons because there are no proper facilities for them. Prison warders need

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English Language: It must have shocked many when the Justice Committee were told that some warders are illiterate. They must be able to write accurate and precise sentences.

Rehabilitation: Warders should have a full understanding of all parts of the rehabilitation system including DHSS, Probation, Licence Conditions etc. They should understand the need to maintain family contacts and communication. As part of their study they should spend time with the different sections of the system to foster an understanding of how it should join up and work together. Drug abuse, treatment, counselling and the theory and practice of drug testing. I am sure there are many other possible areas of study about which current staff could, no doubt, offer some good suggestions. The Open University itself has many credits which would benefit custody staff and could build towards a degree. If 20 credits were required to gain enough points for a ‘degree’, that could be expected within five years. Future promotion should require completion of the degree and relevant credits; thus staff would have motivation to continue their education and training to become true ‘professionals’.

* The Stanford Experiment was carried out at Stanford University in the USA in 1971 and showed that if you take two sets of people and randomly split them into ‘prisoners’ and ‘guards’ the ‘guards’ will always abuse the prisoners. The original experiment had to be stopped after just six days because of the sadism of the ‘guards’.

What did the officers say? A selection of the views expressed by prison officers on the Justice Select Committee’s website is on the following page. Paul Sullivan is an editorial assistant at Inside Time

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Pensions unlocked

“WHAT DID THE OFFICERS SAY?” When giving their opinions about recruitment and training they said;

When giving their opinions about their role in rehabilitation they said;

“

“

… It would also help if the initial assessments were more challenging. I was fortunate enough to participate in a recruit JSAC day and the standard of applicant that was allowed to pass staggered me. It seems that ‘pass marks’ were determined by how many recruits were required rather than whether they were actually any good.

”

“

The training over the last 22 years has become more inadequate, the service has become less disciplined; we all too readily employ very young staff who have no life skills.

“

”

… If I was joining now I could join at age 18 straight from school with no life skills and receive 6 weeks training.

”

A lot of the prisoners we now receive “ have a history of mental illness and over 70% of those in custody have substance misuse problems. What prepares us for this?

”

The idea that prison officers still have any role to play in rehabilitation is a myth. Staff spend half their time filling out pointless checklists just to tick boxes in order to make it look as though we are doing something.

”

“

… The Prison Service concentrates too much on procedure and process and too little on outcomes. Prisons are drowning under a growing raft of targets, KPT's, KPI's, inspections and audits, with too little time spent on engaging with, and challenging offenders …

”

I have seen much good work being done “ by Prison Officers in turning prisoners’ lives around, and then watched as psychology, healthcare, education or others have taken credit for the work.

”

“ Good prison officers are role models to prisoners, but far too often we do not attract the right people for the role. Yes, anyone can open and close a door but it takes a unique type of person to be able to deal with and rehabilitate what are the most damaged and dangerous people in our society.

… Taught too much diversity; race relations; “ treating inmates with respect; and not much about being a prison officer! ” ” “ Most prison staff are too busy meeting “ We are dealing with an influx of; targets and ensuring that we tick all the foreign nationals ... no training Mental Health issues increasing ... no training Flying by the seat of our pants ... no training Overcrowding ... no training Core Training ... reduced due to cost cutting Social work advice ... no training Counselling ... specialist training ... no training Fire fighting ... survival instinct Fundamentalism ... no training Anti Bullying ... awareness Prisoner paper issue ... experts Prisoner mail delivery ... experts Prisoner milk delivery ... experts Prisoner complaint handling ... sainthoods Prisoner suicide prevention ... 99% experts Prisoner methadone ... experts Prisoner ECHR ... not quite as good as the prisoners and their lawyers on this one ... but

”

boxes to have the time to get involved in rehabilitation.

”

“

… Prison officers play a minimal part, if anything, in the role of rehabilitating prisoners. I note the chairman of the justice committee says we are no longer just turnkeys but enforcers, reformers and carers. When did this happen? And what training have I received to become this carer?

”

“

The role of officers would be enhanced by creating jobs for prison officers in all aspects of rehabilitation, empowering them to shape change and have responsibilities beyond that of the locking and unlocking of doors.

”

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Francesca Cooney, Advice and Information Manager for the Prison Reform Trust, advises on pension rights for prisoners

PRISON REFORM TRUST The Prison Reform Trust has a programme called ‘Doing Time’. This is looking at the needs of older people in prison and trying to improve treatment and conditions for them. As part of this, we are campaigning for pension rights for prisoners. Can people get state pension in prisons? The rules in the National Insurance Act 1911 say that prisoners cannot receive the UK state pension. This is different in many other European countries, where there is often a system for pensioners in prison to receive at least part of their pension. The Prison Reform Trust has been campaigning for pension rights for five years. Currently the government is not interested in changing the rules for people in prison. They have told us that it would amount to double provision for prisoners who are already held at the expense of the state, and that it would not be ‘publicly acceptable’. The Prison Reform Trust believes the system should be reviewed to take into account that people in prison have worked and paid contributions often for many years. We are concerned that some older people in prison experience poverty as they are less likely to be able to work and may be less likely to have families who can send in money. We believe that this is a form of ‘double punishment’. What about private and occupational pensions? People in prison can often claim a private or occupational pension. This will depend on the

IN A CENTRAL ENGLAND PRISON?

rules of their individual pension scheme. There is no law that says a private pension is automatically stopped for someone in prison. However an employer can choose to have a scheme that prevents a pension being paid to someone convicted of a criminal offence. Some people in prison may not know that they could be able to claim their private pension. If you have lost track of a private pension, there is a service that is part of the Department for Work and Pensions (DWP) that helps people who think they may have made payments into a pension. Write to: Pension Tracing Service, The Pension Service, Tyneview Park, Whitley Road, Newcastle upon Tyne NE98 1BA. You should include as much detail as possible about your pension. If you can, include your details - name, date of birth, national insurance number, the name and address of your employer and the type of pension and type of business. The more information you can give them, the better chance of them finding your pension. What about release? If you are of pension age, you will be able to claim your state pension on release. You should try and contact the Department for Work and Pensions before you are released if you can. There are a couple of prisons where the DWP will visit prisoners coming up to release, but this does not happen in most places. If you can speak or write to the pension service before you leave prison (or ask the prison for help doing this) there are less likely to be delays in getting your pension. The Prison Reform Trust is working with other organisations like Age Concern and NACRO to try and improve resettlement support for older people leaving prison. If you would like any more information on this, or a copy of PRT’s paper on our campaign for state pension rights for prisoners, please contact: Prison Reform Trust, Freepost ND6125, London EC1B 1PN.

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Comment The Hare PCL-r (Psychopathy Checklistrevised) as used by the Prison Service consists of a 20 item symptom rating scale that permits comparison of a prisoner's degree of psychopathy with that of a prototypical psychopath. Prior to 2002, a score of 30, out of a maximum of 40, would classify the subject as a psychopath, destined for a DSPD unit. Post 2002, the Prison Service reduced the score to 25, perhaps to fill all those expensive DSPD units? The Hare PCL-r contains two parts, a semistructured interview and a review of the subject’s file records and history. The interview portion covers the prisoner’s background, including items such as; work and educational history; marital and family status; and criminal background. As psychopaths lie frequently and easily (ideal politicians then) psycho-babes are told that any information a prisoner provides must be confirmed by a review of core files. Prisoners frequently learn of errors in their core files, yet guess who the psycho-babes would believe, the prisoner or the core file? Diagnosing someone, or my budgie, as a psychopath is a very serious step. It is literally a life changing event. Yet, in the Prison Service, administration of the Hare PCL-r is routinely carried out by trainee psychologists, the psycho-babes beloved by all. So what do the experts say?

Is your budgie a psychopath part II Keith Rose concludes that despite the best efforts of ‘psycho-babes’, his budgie is not in fact a psychopath! have been rather concerned about my budgie since it was deemed to be a psychopath. I have to say that I have not noticed any psychopathic behaviour on the part of my budgie. It has not displayed any of the symptoms of psychopathy which include: lack of conscience or sense of guilt,

I

lack of empathy, egocentricity, pathological lying, repeated violations of the social norms, disregard for the law, shallow emotions or a history of victimising others. I am worried that the psycho-babe may have, heaven forbid, erred in her opinion, so I have sought a second opinion.

The Encyclopaedia of Mental Disorders states: 'Diagnosing someone as a psychopath is a very serious step. It has important implications for a person and for his or her associates in family, clinical and forensic settings. Therefore, the test (Hare PCL-r), must be administered by professionals who have been specifically trained in its use and who have a wide-ranging and up to date familiarity with studies of psychopathy'. The Encyclopaedia continues: 'Professionals who administer the diagnostic examination should have advanced degrees (M.D., Ph.D., or D.Ed) in a medical, behavioural or social science field; and registered with a reputable organisation that oversees psychiatric or psychological testing and diagnostic procedures ... Because the results are used so often in legal cases, those who administer it should be qualified to serve as expert witnesses in the

courtroom. It is also a good idea, if possible, for two experts to test a subject independently with the PCL-r. The final rating would then be determined by averaging their scores'. How do the Prison Service deal with the Hare PCL-r? Sometimes, only sometimes, the Hare PCL-r interview is carried out by one of the rare Chartered Forensic Psychologists employed by the Prison Service. More routinely, the PCL-r is administered by a trainee, a psychobabe, and often prisoners are lied to, told it is OASys Plus, ETS plus, a follow-up to a CSCP course, or anything else they can invent. The reason is simple, the trainee does not want to admit what test is being administered. However, if a prisoner finds himself or herself in a DSPD unit, or refused parole due to an adverse PCL-r report administered by a trainee, do they have a claim? The answer must be, Yes. The former Consultant Psychiatrist to the Home Office, Dr Bob Johnson, was so concerned about the use, abuse and misuse of the Hare PCL-r by the Prison Service that he wrote a document; 'An analysis of the legal and medical flaws in the PCLr' and provided it as a free download on the internet. (www.TruthTrustConsent.com). Returning to the Encyclopaedia of Mental Disorders which qualifies scores as follows; 'A prototypical psychopath would receive a maximum score of 40, while someone with absolutely no psychopathic traits or tendencies would [theoretically] receive a score of zero. A score of 30 or above qualifies a person for a diagnosis of psychopathy ... Many nonpsychopathic criminal offenders score around 22'. What of my budgie? I've decided it isn't a psychopath, the psycho-babe erred in her opinion. However, if a psycho-babe has erred in a PCL-r assessment of a prisoner, well, there must be good grounds for substantive damages in the High Court, given they're not qualified to undertake the assessment.

Keith Rose BA (Hons) is currently resident at HMP Long Lartin

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Comment

Insidetime June 2009 www.insidetime.org

Andy Thackwray

Listener Confidentiality aving now read through and digested all the correspondence sent to both myself and the editorial team at Inside Time, as expected, the mixed response made it very clear that all's not as it could be on the Listening front. I could gloat and say, 'I told you so,' but the whole point of me writing my article ‘Now Listen to This' was not to condemn the Listener scheme but to highlight problems and discrepancies within it with a view to improving these weaknesses, which even the most fiercest of my critics agree with and acknowledge do exist. And if its publication also rattled a few boxes then, from a journalistic perspective, the article served its purpose. It was by no means written to win me friends or put me high up on the popularity ladder.

H

First of all, let's focus on the issue of confidentiality, the part of my article which caused the most amount of 'upset' within the Listening ranks. For your convenience, please find below the Listener's policy of confidentiality. policy of confidentiality for listen“ The ers is exactly the same as for Samaritan volunteers. This is vital in encouraging prisoners at risk of taking their own life to use the service. Even after a Listener has left prison, their work as a Listener must remain completely confidential. Similarly, confidentiality remains even after the death of a contact. Listeners who cannot keep to this should not continue as a Listener

”

Listeners in Prison's website - April 2009

After my article went to press, it became apparent that the majority of prison Listeners who read it and wrote in rigorously enforce the above policy whilst carrying out their duties as a Listener. If this is the case then I would strongly argue that this confidentiality policy needs to be changed and changed fast. My arguments for this change are as follows: suppose, on a Listen, a contact told a Listener that they are going to assault another inmate or a member of staff, or worse - kill them. From the many letters I've received, it's become clear that if such information is disclosed to a Listener, then the Listener 'should' ask the contact if the information can be passed on to a third party. If the contact says no, then the Listener would keep what they had heard to themselves and withhold it from anyone else. If the contact later went out and

Are You Still Listening? Such was the mixed response to Andy Thackwray's controversial article, Now Listen to This, published in our April issue of Inside Time, that we, have decided to run a series covering the three main areas of concern which his article brought to light - Listener Confidentiality, Listener Screening and Listener Training - with a view to improving this much needed and valued service. We start the series off by taking a good look at the Listener's policy of confidentiality.

“

It was with great interest that I read Mr Thackwray's comments 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

”

Listener Co-ordinator - HMP Highpoint

If the contact feels suicidal, the Listener “ will ask the contact if he would like to speak

“

to staff about this, if not, again the Listener cannot discuss this with anyone other than a Listener or a Samaritan

Listener - HMP Brixton

”

In the unfortunate event of a prison suicide, where a Listener had been called and the contact disclosed suicidal intentions, could it not be argued that the current confidentiality policy can also legitimise, enable and empower the Listener to withhold information from not only prison staff before the contact killed themselves, but also afterwards from the Ombudsman and Coroner. The above could also apply to serious cases of self-harm. It seems the current listener confidentiality policy empowers Listeners to call the shots in a potential life or death situation. Again I would question the legality of this. What would the relatives of the deceased have to say to that? This empowering of prisoners to be able to make such important decisions, to anyone outside the seemingly closed, blinkered ranks

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the nature of the work Listeners do, surely they could be a damn sight more effective if they set their stall out at the beginning of a Listen with a more suitable and appropriate confidentiality policy like the one below. Is not self-harm or threatening suicide, in many cases, a cry for help in disguise? If so, then I say who are Listeners to deny a contact that help? Give it them by informing prison staff immediately. Otherwise, it appears that Listeners are not only denying, but obstructing prison staff from doing their job. Arguably the current Listener confidentiality policy drives a wedge between Listeners and prison staff and could cause a certain amount of friction and conflict by giving Listeners the upper hand. If this is the case then the policy could be seen as hindering rather than assisting any prison service suicide prevention strategy and thus partly responsible for the unacceptably high suicide rate within the prison system - a theory with which the majority of prison staff I have spoken to regarding this issue have agreed. Likewise, when things do go fits-up, then who gets the blame? Certainty not the Samaritans. I know placing someone on suicide watch doesn't always work. But surely keeping prison staff in the loop is a damn site more reliable than a Listener closing a cell door and walking away, leaving a vulnerable contact to his own devices; all because the Listener adheres to a heavily flawed confidentiality policy. I understand it is very hard for people, “ especially staff who have a duty of care, to

carried out their threat and maimed or killed someone, then I would argue the current confidentiality statement enables the Listener to become, in layman's terms, an unaccountable accessory to an assault or even murder. I have had to gain the trust of my fellow prisoners and if somebody says to me that they are going to kill themselves or if they are going to kill another then I will accept it and keep it to myself

29

of the prison Listener scheme, is surely totally unacceptable.

Listener - HMP Gartree

”

I understand from your letters that if a potential act of terrorism had been disclosed to a Listener during a Listen, then this information would have to be disclosed to a third party. Well, for goodness sake, why not disclose the fact that someone has said they are going to harm themselves or others to a third party?

“

As for confidentiality, I must admit I was occasionally asked by staff to tell them details. Something which I would strongly reinforce to an officer is 'what's said to me as a Listener stays with me.' Any attempt by staff to breach confidentiality would be discussed with the Samaritans and noted and challenged.

”

Listener - HMP Garth No disrespect, but Listeners aren't superhuman, despite some thinking the contrary, and they can only do so much. However, considering

comprehend the fact that as a Listener we respect the contact's right to take whatever action they want; including their own life Listener - HMP Stocken

”

Just take a look at this confidentiality agreement, one typical of, dare I say it, the field of counselling (we shall be discussing the issue of Listening and Counselling in the July issue). Typical BACP confidentiality agreement: ‘Anything you say to me during this session will remain strictly confidential. However, I will have to break confidentiality if you disclose to me that you are going to harm yourself, others, or plan or take part in a terrorist activity.’ Surely the above confidentiality agreement is much more suitable for both the prison Listener and prison staff. If the Samaritans and the Listener Scheme see sense and adopt one similar to the above, then will it not enable staff to work more effectively? Help save people from being assaulted? Save people from serious self-harm? And, most importantly, save more lives? Andy Thackwray is currently resident at HMP Hull

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Comment

wo bits of information that floated past me recently have wormed their way into my head and left me somewhat dazed and confused.

T

Victims and justice

listen and give her due regard. But that doesn't make her an expert on victims, let alone criminal justice. This is the equivalent of making a person Minister for Transport because he got run-over.

The first is that the government has appointed Sara Payne, mother of murdered Sarah, as a ‘Victims Champion’, given her some loot and an office, and asked her to make sure that their policies take account of the needs of victims. This is a continuation of her role as a high profile campaigner; best known for her attempts to bring in Sarah's Law. One particular issue she is on record asking for is ‘life to mean life’.

Lifer Ben Gunn is concerned about the role of the victim in seriously affecting the parole procedure and public policy

Sara Payne may well be an expert on the torment that comes from having your child killed. But as time has passed she has felt qualified to speak loudly about a range of criminal justice issues. Most prominent was her campaign for Sarah's Law, for the name and location of sex offenders to be made freely available to the public. This was in league with the News of the World, who promptly (and they claim not intentionally) provoked a vigilante campaign that merely proved the argument against Sarah's Law - that it would drive offenders underground, where they could not even be monitored. It was a sly vigilante campaign. This is what happens when victims get to unduly influence the public mood and policy - a shambles that actually increases the risks to children.

The second is a tale of woe. A victim’s mother turns up at a lifer’s parole hearing and hijacks it; waving pictures of her boy around and throwing out claims of psychopathy and risk like confetti. Even one of the parole panel is reduced to tears; the lifer promptly got thoroughly shafted by the board. These two things tell me something - firstly that Labour is desperate to win the next election and is grubbing around in the worst recesses of the popular psyche to grab any vote it can. It also suggests that the Victims Movement isn't interested in justice one little bit, only in having their personal vengeance transformed into public policy. The whole point of the criminal justice system is to enforce a socially agreed set of rules. It takes personal vengeance out of the loop. Developments over recent years, though, seem to be intent on reintroducing the personal element. And in that cause, justice is being trampled upon. If victim's had any regard for justice then they would drop their fight for personal revenge and instead push for the guilty to be duly punished and the innocent to be restored to their rightful place. That is justice. And it bears no relation to the affect the Victims Movement has had so far on criminal justice. A few examples will make the point. Because alleged rape victims may find it traumatic, alleged rapists can't cross examine them in court. This idea presupposes that a rape did take place; it completely undermines the presumption of innocence. It undercuts the idea that an accuser trying to throw a man in prison for years has to stand up and face him - has to make their case and be prepared to be challenged. It is only a short step from this situation to doing away with the messy business of trials altogether. And when a person is found guilty, the victim gets to read out an impact statement. Legally so or not, this warps sentencing and future parole consideration. This may have great emotional and political appeal but it sure as hell has nothing to do with justice; bringing the personal element into the procedure leads to gross unfairness. When there is no family to speak, where a victim was actually hated, then the criminal gets an easier ride than

Photo courtesy: The Ministry of Justice

Attorney General Baroness Scotland (left), Justice Secretary Jack Straw with Victims' Champion Sara Payne & Home Secretary Jacqui Smith, enjoy a nice cup of tea together. where the victim has a heavenly choir to turn up and weep on their behalf. It is a perversion of justice. Parole panels are descending into the same mess. Victims arriving, taking over the proceedings, weeping and wailing to influence the panel, making wild claims ... this, for me, is a simple one - victims have no place at parole hearings. The original sentence reflected the harm they suffered; they had their say at that point. Parole hearings have one task - to assess future risk. Unless the victim happens to be an unbiased forensic psychiatrist, they can add nothing but confusion. How much they suffered has no bearing whatever on future risk. But so powerful is the Victims Movement that the whole basis of parole assessments, the disposal of years of peoples lives, the essence of justice, is being thrown away to allow a victim to splash their venom all over the proceedings. Jack Straw couldn't get any lower if he sat outside the Ministry next to a shoddy piece of card reading, "Got a spare vote, mate?" When it comes to criminal records, being found guilty by a court has already gone out the window. That small matter of 'due process', that tiny detail of having an accusation proven, has been junked to please victims. In an Enhanced check, the police don't only tell employers about convictions, but also about acquittals, charges, and rumours. You can be prevented from a career, slung out of a job, on

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the back of a pub whisper. Is that justice? No, but it follows from the campaigning of victims. All of this is shameful. Any political leader with any sense of right and wrong would be embarrassed at having to stoop so low as to undermine the fundamentals of criminal justice in the cause of vote-grabbing. It is a sad sign of the times that Jack Straw feels able to stand up and inflict this nonsense on us without blushing. He even managed to work himself up into a false sense of outrage, claiming that there were lots of people fighting for criminals but no one to speak up for victims. That the man in charge of criminal justice can be so divorced from reality is honestly quite worrying. Or perhaps I failed to notice the vast rallies that marched down Whitehall demanding a better deal for criminals? No? Then Straw must be a jackass. Every newspaper, the whole of popular culture, is awash with a hatred of criminals that the politicians are happy to feed. On the other hand, there are more victims’ groups than the media can handle. To stand up and say that there is no one speaking for victims is such a monstrous, desperate lie that I nearly feel sorry for Straw. To appoint a high profile victim into this role of Victims Champion only adds to the political cynicism. Why Sara Payne? Her sole qualification for this post is that her daughter was killed by a deviant. When she speaks of her suffering, I

As a grieving mother, Sara Payne draws from me the due measure of concern and sympathy. But by placing herself into a public position, within the policy making machine, and taking the government’s shilling, she has made herself available for comment and criticism. It may be in bad taste, but such are the dangers of this development to the cause of justice that we should put sympathy aside. Time and again, the most powerful voices advocating for victims have been filled with hate and revenge. This is not a call for justice - which affects both accused and accuser - but rather a call to have populist feelings woven into the laws which will govern us for generations. This is made all too clear by the silence that comes from victims’ groups in relation to miscarriage of justice cases, in cases where police misconduct is demonstrated, and in the many cases where lives have been ruined by false claims. These people are all victims themselves but victims’ groups treat them like lepers. Victims’ groups have their place. That place should rightly be to stand as a testament to the suffering that crime can cause. It should also be to campaign for justice, to see that the guilty are punished fairly, and the innocent restored to their rightful place. As this latest development reveals, however, victims’ groups are all too willing to trample across the corpse of justice as it suits their personal quest for vengeance - and desperate politicians are queuing up to harness this effort. The painful lament of victims I can understand; the pathetic scrabblings of the politicians takes a bit more effort to get a grip on. If people really have an interest in reducing the pain, why don't they try restorative justice? Ben Gunn is currently resident at HMP Shepton Mallet

Social Exclusion Task Force 2009

Comment

Insidetime June 2009 www.insidetime.org

31

Short Study on Women Offenders

“QUOTE OF THE MONTH”

Inside Time highlights an extract from a joint Report between the Ministry of Justice and the Social Exclusion Task Force, recognising the need for better support for women prisoners

Harman’s terrifying equality bill

omen in prison constitute a small proportion of the number of women offenders who pass through the criminal justice system each year. Their crimes often come at great cost to society, their families and themselves. Though most women offenders do not pose a threat to society, most have multiple complex needs and many are caught in a damaging cycle of abuse, victimisation, and offending. The majority are also mothers. Problems often begin long before women enter the criminal justice system, yet they have not been able to engage in or get the support they need. By the time they reach prison, their problems are likely to have become entrenched and more complex, and outcomes for the whole family can be affected.

W

Women offenders need to be punished appropriately, however we also need to tackle the underlying causes of crime, the pathways to offending behaviour, and break cycles of disadvantage at the earliest possible moment if we are to make a sustained difference. The Ministry of Justice and its partners have taken major steps to address the needs of women offenders. Significant progress has been made since the publication of the Corston Report to drive forward a programme of cross-government reform. Key milestones include the publication of a service framework for women offenders and the announcement of a £15.6m diversion fund for provision for women offenders and women at risk. In delivering systemic change, there is great value in complementing existing provision with earlier, intensive and tailored support. By building on the most exciting existing practice, and by using initial contact with the criminal justice system as an opportunity to identify and engage women with complex problems much earlier on, there is an opportunity to further improve outcomes for women offenders and their families and to ensure early and effective provision for those at risk.

about what the Government “ Forget The Equality has failed to do. I’m worried about what it has done. Last week, unnoticed amid Bill is the fuss over MP’s expenses, Harriet proposing Harman introduced her equality bill. to introduce Terrifying in its scope, the bill imposes a “single new equality duty” on every primary public body in the country (there are legislation 43,000 of them, apparently, requiring them to target services at the disadvantaged, to dictate and to have “due regard to equality” where you can when buying goods and services. So every decision must be gauged for its breastfeed. impact on reducing inequalities in race, sex, age, disability, gender, gender reassignment, sexual orientation and religion ... oh, and on income, too. The worst sin one can commit under the bill is what it calls “intersectional discrimination” - discriminating against two or more such characteristics simultaneously. This law isn’t about fairness; it’s about creating a vast bureaucracy of “ideological coercion, promoting grievance, imposing cost and attacking business, charities, schools”. It’s a charter for ministers to penalise any institution whose social make-up they dislike.

It is estimated that the majority of women prisoners are mothers  Information regarding dependants is not routinely recorded either within the Prison Service or Children’s Services. Family ties have a positive effect on prisoner rehabilitation, though they can be hard to maintain when a mother goes to prison. Women prisoners are more likely to be held over 100 miles from home than male prisoners, and less likely than the general population to be able to call on the support of a stable relationship.

Although over half of women offenders are estimated to be mothers, there are no definitive statistics on the number of female prisoners who are parents, the number of children who have a parent in prison, or what happens to dependents once a woman is imprisoned.  A recent Ministry of Justice study found that 55% of women in prison have children under the age of 18, and that 20% lived with dependent children before entering custody. However, the real figures could be higher - in another research study conducted by the Department of Public Health at Oxford University, 69% of the women interviewed in prison custody had children.  283 children were born to women in custody between April 2005 and July 2008, an average of 1.7 a week.

 At least one fifth of mothers were lone parents before imprisonment.  An inspectorate study found that only a quarter of children whose mothers were in prison were being cared for by either their biological or current father.  HMCIP also found that 12% of children of female prisoners were in care, with foster parents or had been adopted compared to 2% of children of male prisoners.  Just 5% of women prisoners’children remain in their own home once their mother has been sentenced.  The Revolving Doors Agency at HMP Holloway reported that 42 women being held there (3%) had no idea who was looking after their children, and that 19 children under the age of 16 were looking after themselves.

”

Harriet Harman MP

Charles Moore - The Daily Telegraph

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Insidetime June 2009 www.insidetime.org

Comment

he ‘Progression of Prisoners Maintaining Innocence’ (PPMI) is the name of a Working Group which grew out of a conference, chaired by Bruce Kent, held in London in 2004. This was attended by a range of interested parties concerned with the plight of prisoners penalised throughout their sentence for continuing to maintain innocence of the crimes for which they were convicted. The remit of the Working Group was essentially to establish the size of the problem, to raise public awareness about it, and to draw the attention of those in the Ministry of Justice and at the Parole Board to the situation which existed and needed to be addressed.

T

Innocence a handicap to progression

Unless the case of a prisoner in this situation is celebrated in the media as a successful miscarriage of justice, and overturned to tumultuous acclaim in the Court of Appeal, little attention in paid by the public to this sizeable sector of the prison population. For the most part the general public want criminals safely locked away because they deserve their punishment. Interest in sentencing policy and law enforcement in general is usually sparked by the message that prisoners are insufficiently punished or controlled. That innocent people might be wrongfully imprisoned does not hold the public imagination. However, following the cases of the Birmingham Six and the Guildford Four which had undermined public confidence in the effectiveness of the criminal justice system in the early nineties, the CCRC was established and began its work in 1997. Its purpose was to re-examine suspected miscarriages of justice where appeals had failed. It soon came to be believed that this, following on from the introduction of safeguards in police procedures through the PACE Act in 1984, would mean justice could now be seen to be done and there would cease to be prisoners serving sentences for crimes they had not committed. It was not realised, however, that few of the wrongfully convicted have recourse to the appeal process because of the narrow legal framework within which a case might qualify. Furthermore, since its initial inception, the CCRC’s criteria for returning a case to the Court of Appeal has been narrowed to ‘whether there is a real possibility that the conviction, verdict, finding, sentence would not be upheld if the case were to be referred.’ Of specific interest is that these prisoners, particularly those serving life, are handicapped when applying for early release on parole or, if lifers, release on life licence on expiry of their sentence tariff. This is because the onus is upon prisoners to demonstrate that their risk to the public has been sufficiently reduced. The Ministry of Justice argues that if the offence is denied then the assessment of risk can prove impossible. Moreover, the accepted

Anita Bromley explains the remit of a working group whose mission is to investigate cases where prisoners are penalised for consistently refusing to acknowledge their alleged offence. There is not much light at the end of the tunnel she argues. means by which a prisoner may demonstrate reduction in risk is through a record of successfully completed accredited offending behaviour courses. Prisoners maintaining innocence are barred from courses specifically addressing violence or sexual offending, i.e. the criminal behaviour for which the majority of the lifer population has been imprisoned. These prisoners are then penalised further by being prevented from achieving “enhanced status” in the Incentives & Earned Privileges Scheme, the “machine” which regulates prison discipline, through failure to comply with their individual Sentence Plan. As a result, they are entitled to fewer telephone calls, visits and other privileges. It is commonly held that the stance of innocence operates as a handicap in the journey of progression through sentence towards release. Lifers are seen to be the most adversely affected among the prison population, sometimes facing the prospect of dying in prison. The size of the problem is inestimable as an official record is not kept.

In July 2005, the research undertaken by the ‘Innocence Project’ at Bristol University’s Law Department produced a document of evidence estimating the numbers involved, which included first person accounts and which was presented at a public meeting. This was addressed by myself (a solicitor who represents life sentence prisoners before the parole board and in the Court of Appeal exclusively), Dr Michael Naughton, who had led the research and Bob Woffinden, journalist and campaigner. Those attending the meeting included a number of ex-prisoners. One was Susie May, fortunate enough to have been released on life licence, and Paul Blackburn, a former lifer released through the court of Appeal after 19 years. In May 2006, myself, Dr Naughton and Michael Mansfield QC addressed another public meeting held in the House of Commons attended by a similar range of interested parties and included the Parole Board Executive. In November 2007, the next public meeting was addressed by His Honour Judge Anthony Thornton who has a specific interest in

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establishing and maintaining the independence from the Ministry of Justice of the Parole Board of which he is a judicial member. Dr Peter Pratt, a forensic psychologist specialising in assessing the risk of dangerous offenders, and Barbara Stone, a prison activist, sat on the same panel. In January 2008 a ground-breaking Seminar was held at the Parole Board HQ in London where members of PPMI engaged with senior members of the Parole Board and the National Offender Management Service of the Ministry of Justice to examine specific issues in the review system penalising lifers maintaining innocence and to discuss ways forward. It was decided to invite Dr Naughton to assist in the future training of prison staff in identifying prisoners in this category in order to find ways to assist their progression. Following meetings with Anne Owers, the Chief Inspector of Prisons; with Juliet Lyon, the Director of the Prison Reform Trust; and with Bishop Peter Selby, the Chair of the Independent Monitoring Board, to explore and discuss the interface between their work and that of PPMI, it became apparent that specific training for the legal profession was required. Representations submitted at the crucial stages of a prisoner’s progression through sentence, such as de-categorisation from security category ‘A’ down to ‘D’, pretariff reviews and parole board reviews, called for additional input on behalf of those maintaining innocence. Insight would be needed into how the rigid framework of assessment, predicated upon an admission of guilt, excluded those maintaining innocence from presenting their case objectively. Submissions could draw upon an alternative interpretation of a prisoner’s presentation and behaviour, informed by independent but equally scholarly opinion and psychological research. When prisoners maintaining innocence are reviewed for Parole, it is the assessment of future risk of serious harm to the public, and not whether they have expressed or addressed guilt, which determines the decision to direct release. Panel members are presented with risk assessments undertaken by the probation service and prison psychologists, trained to use assessment tools exclusive to the Ministry of Justice. They also consider progress reports by prison staff, whose recommendations are often guided by the results of these assessments, which automatically predetermine high risk when there is no evidence of reduced risk according to their own narrowly defined criteria. Anita Bromley is a solicitor who represents lifers exclusively and works as a consultant for several law firms.

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Comment

Insidetime June 2009 www.insidetime.org have watched with considerable interest the way the Independent Police Complaints Commission (IPCC) has been gyrating and changing its stance on recent events as each position became untenable. I can only hope that the current crop of complainants have more success than I have had in my dealings with this supposedly impressive organisation. History makes me rather suspect that they are all in for disappointment!

I

A toothless bulldog Richard Todd highlights the inadequacies of IPCC investigations

the same document he goes on to state that he thinks the complaint is ‘F&M’, which is police speak for ‘false and malicious’. He is at pains to point out that I am in prison; the implication being that clearly I deserve a lower standard of service. A Subject Access Request to the police force responsible for the investigation itself was treated somewhat differently. I am in possession of documents that have been 100% redacted - that's the ‘in-word’ for marking out any piece that might be perceived as being confidential or sensitive … every single word has been blanked out! They must comply with the law that says I must have access to the documents, so they blank out every word but still comply with the law! I presented all this to the IPCC yet they couldn't even be bothered to acknowledge my letter.

A complaint to the police of theft and fraud in 2006 lay unanswered for nearly nine months. A complaint to the IPCC suddenly and miraculously produced a report by the police that had apparently been gathering dust and unpublished all those months. The police report was deeply flawed but it was on a mere technicality the IPCC upheld my complaint and instructed the police to re-investigate the complaint, which was supported by unassailable evidence including bank account statements with the names of the culprits transferring money from my account.

Finally, the IPCC declare that if I am not satisfied then I should consult a solicitor. So I wrote to six solicitors listed as dealing with complaints against the police. Five never even bothered to reply and the other firm backed out when they saw that it might take some time to sort out. Thanks to the recent change in funding for solicitors, we are now effectively disenfranchised from any legal help with actions against the police.

The police made no meaningful second investigation; perhaps not surprising as they maintained they had ‘lost the evidence’. They could have asked me for further copies of the evidence but instead chose to believe the perpetrators. These people declared that they had used my money to run my business - for their own benefit. Yes, that's right … my bank account was drained so that they could run my business and pocket the profits for themselves; and the police seemed to think that was acceptable. The police even accepted that these people had sold my car and kept the money! And what did the IPCC make of all this? My second complaint was not upheld on the basis that an investigation had been made indicating ...’unfortunately, some of the police's paperwork has been mislaid". That is said so glibly that it is frightening. I shudder to imagine how often the police hide behind this excuse and the IPCC gullibly accept it. And what do the IPCC say to me? ‘Our role is to review the investigation (by the police) ... not to re-investigate the complaint." What that effectively means is this: the police can serve up any old nonsense in the form of an ‘investigation’ and no matter how deeply flawed it is then it is deemed acceptable to the IPCC. They are interested merely in form not function.

33

I have since conducted my own investigation through the Subject Access Request system whereby the police must supply you with the documentation surrounding a complaint. I was lucky enough to have had my complaints channelled through another county's police force and their documents were indeed very

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telling. I have a record of the investigating officer actually stating to this police force that he did not intend to ‘crime the incident’, which is police ‘speak’ for not even bothering to enter the complaint on the police computer system. No wonder the evidence went missing - he probably filed it in his waste paper basket. In

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The IPCC is a toothless bulldog and the police know it. The police do literally whatever they want; secure in the knowledge that the IPCC will be impotent to do anything about it. And don't expect the Professional Standards Department of the police force to help; that's like asking the poacher to explain where all the pheasants went. The Professional Standards Department couldn't even be bothered to give any meaningful responses to my complaints. It took nearly six months just to get them to comply with the Subject Access Request. For the uninitiated, they should be dealt with in forty days … not a hundred and forty; any solicitor out there looking for something to do?

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Comment PRISON SERVICE ORDER 4470: Prisoners’ access to the media PSO 4470 is a consolidation document bringing together information previously contained in several separate Standing Orders and PSOs, and taking into account successful legal challenges which established, in certain circumstances, prisoners rights to telephone the media.

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

It is worth remembering at this point what Monty Finniston, Chairman, Prison Reform Trust, wrote in March 1986, “In the prison world in particular, it seems that information is power. Even where prisoners’ rights and entitlements are clearly established by regulation, or even case-law, these rights and entitlements can be constructively withheld by depriving prisoners of the information necessary to ‘ask the right question’” (Prison Rules – A Working Guide). The conjoined appeals of O’Brien and Simms before the House of Lords challenged the right of the Home Secretary and prison governor to refuse to allow a journalist to visit a prisoner, unless the journalist signed an undertaking not to publish any material obtained during the course of the visit. Given that the whole purpose of the interviews was to highlight claimed miscarriages of justice in the media, the department’s restriction amounted to a violation of freedom of expression under Article 10 of the European Convention on Human Rights. This right of access to the media was extended to include prisoners telephoning journalists in Hirst and Secretary of State for the Home Department, CO/3189/2001. Mr Justice Elias recognised that since 1989, I have been actively involved in campaigning for prisoners’ rights. And that my activities had attracted some media coverage over a 10 year period, and that I had contacts with journalists. The

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judge went on to say I played an important part in the establishment of the Association of Prisoners, a body whose aims are to promote the welfare and further the interests of prisoners. Both cases challenged a blanket ban on media access, and PSO 4470 sets out the circumstances in which access to the media must be allowed, particularly if a prisoner seeks to highlight an unsafe conviction or sentence; and also where a prisoner wishes to make serious representations about matters relating to prisons or prisoners. A significant aspect to PSO 4470 is that whereas previously any decision to allow a prisoner access to the media was made by Prison Service HQ, it now means that the power to make decisions has been devolved from Centrally to Local level; enabling Governors and Directors to consider applications from prisoners or the media.

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

PRISON SERVICE ORDER 0050: Public Relations PSO 0050 does not deal with issues relating to prisoners directly; therefore I suspect many prisoners will not bother reading it. However, it is interesting precisely because it relates to the system and how its official message is put across to the media both locally and nationally, and that the intention is to favourably influence public opinion. The stated purpose of PSO 0050 is to get across the key elements of the Prison Service public message successfully. Reading the key elements reminds me of when I kept budgies in prison and to get them to talk I had to keep repeating the same words over and over again. Psychologists refer to this as the broken record technique. As much as we may have favourite records, listening to the same one continuously not only becomes predictable but is also very boring. The same applies to

the Prison Service public message. Whilst Governors and Directors are trusted and indeed encouraged to speak to the local media, when it comes to the national media they are instructed instead to contact the Press Office at Prison Service HQ. Interestingly, Governors and Directors are required to discover who are key influencers of public opinion locally and attempt to get them on their side. PSO 0050 states that “There must be no communication with the media which is critical of, or inconsistent with, Government policies”. And, it states when it is a national news story then the Director General will decide who speaks to the media in consultation with the Press Office. The last I heard from the Director General, Phil Wheatley, is that Ministers have prevented him from speaking to the media. Obviously, his truthfulness is not appreciated because he is willing to admit it when government policy is not what it should be. Those members of the Prison Officer’s Association are required to abide by the mandatory instruction above, and yet the POA gets away with being critical and saying things which are inconsistent with government policies. I think whoever drafted PSO 0050 must have a sense of humour, coming out with a oneliner like this: “All dealings with the public and media must be done on the basis of accurate information”. And there I was thinking that the whole point of ‘spin’ was to say one thing whilst meaning something else…

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Comment

Insidetime June 2009 www.insidetime.org

35

Legitimate expense or exploitation? Barrister Stanley Best reflects on the current scandal regarding MPs expenses, most of whom claim they were simply ‘following the rules’ We should remember at all times that prisoners do not lose their right to justice according to law once they enter prison. Their punishment is intended to be confinement in prison and no more.

have a very simple solution for the problem identified by the Daily and Sunday Telegraph newspapers which is causing such alarm and despondency amongst the public and Members of Parliament of all parties. A few of them seek to defend the indefensible. Should one or more MP ultimately join you in prison? All claim that they were simply ‘following the rules’ which the House of Commons provided, or perhaps did not understand them, poor dears. We shall see.

I

The solution is this: every MP who lives over 50 miles away from London should be entitled to a nightly hotel allowance for each day the House of Commons sits and absolutely no more, save for his/her travelling expenses, and limited to four nights a week at the rate permitted to Barristers or Solicitors who represent a prisoner at Court hearing, say 100 miles or more from his chambers /office, namely £68.00. This nightly allowance is to include dinner, bed and breakfast. No hotel, so far as I am aware, charging this sum exists anywhere in England or Wales, but this is the figure insisted upon as a maximum by the Legal Services Commission, an arm of government, for legal aid cases. They are a pretty mean minded lot, it is true, but what is sauce for the goose is sauce for the gander and such a rule applied to MPs would put an end to what Lord Carey, a former Archbishop of Canterbury, describes as 'the straw (which) finally breaks the camel's back'. We live in a society where it has become commonplace to say that if something is not forbidden it is allowed, and from this philosophy stems the view, as it appears, of some MPs that where allowances to avoid hardship are provided by grateful taxpayers, then the MP who does not conjure up reasons for exploiting these expenses to pay for other things is a fool. That he or she might be in danger of becoming a knave seems not to have occurred to those who have overdone things. Are there not in prison now a few who have pleaded at trial that they genuinely believed that what they did was permitted by law only to be told, no doubt correctly, that they had overstepped the line? Those prisoners will be rather less sympathetic than we the public are invited to be in regard to MPs and their sometimes substantial claims for what, from the outside looking in, appear to be not so much proper expenses as unjust enrichment. That front benchers’, including government ministers’, claims are under attack is even more disquieting.

The Government/Legal Services Commission are hell bent upon reducing, almost to extinction, legal aid provision in this country, yet seemingly are unable to understand the dismay of many, within and without prisons, who increasingly are denied legal aid to seek justice whilst MPs, as Lord Carey has said, see the expense allowances which they have voted for themselves 'as a right rather than a privilege' and milk the system beyond reasonable levels as the evidence published appears in many cases to reveal. Of course, there are many MPs who are, as the former Archbishop says, men/ women of 'honour and integrity'. They must stand up and be counted, in all parties or none, so that the rot is stopped and everyone, prisoner or public, may feel able to have confidence and trust in our parliamentary system. To give prisoners the vote would harm no one, but allow those imprisoned to indicate their feelings by voting this way or that. Such a reform should come now. It makes one wonder what sort of world we are living in when some MPs and a small number of solicitors exploit unreasonably the opportunity to obtain money respectively at the expense of taxpayers or hapless and sick old miners. It takes a prisoner, John O'Connor, writing in Inside Time to point out ‘…it appears that the Treasury Solicitor' (amongst others, I add) 'lives in another dimension where cost controls do not exist' when it comes to opposing Judicial Review claims by prisoners. There are occasions when alternative dispute mechanisms such as mediation could be employed and would save much money.

trial for a sexual offence the defendant prisoner may have successfully run the defence that what happened was consensual, he finds it difficult to understand why the complainant at the trial may be allowed to give evidence at the Parole Board hearing when he or she may seek to deny consent. If these words slip out, the damage to the concept of a fair hearing is done, even if the panel says they will disregard that part of the evidence. That the complainant may be allowed to speak as to the events which happened is one thing, but to allow her/him to allege for the second time the commission of an offence would, in my view, be very wrong.

In his article 'Fair trials a thing of the past', also in Inside Time, David Wells correctly identifies the reduction in safeguards against wrongful conviction but fails to note a change in law and practice which is, in its way, arguably just as dangerous. A Parole Board panel, confronted with a prisoner who, on parole licence or day release, is accused of a serious criminal offence but is acquitted after trial by jury, has the power to inquire into the offence again and, on the balance of probabilities, to determine that the conduct complained of did in fact occur as the complainant says although, of course, not purporting to find the prisoner guilty of any offence in law. Given that in a

Counsel must be vigilant and argue that such an allegation is excluded, for what is happening in the eyes of the prisoner is tantamount to a retrial which, of course, is not allowed. In matters of this kind involving a Parole Board hearing the prisoner, just as much as the defendant at court without any previous convictions, is entitled to the protection of the law, yet it still surprises me that some solicitors endeavour to persuade clients that they do not need counsel to represent them, as though one was dealing with a matter of trifling importance whereas the outcome for any prisoner in a parole review may be disastrous in terms of release or refusal of open conditions.

The present row about MPs allowances or expenses must lead to a proper conclusion and not, as some wish, the sweeping under the carpet of uncomfortable truths. Such conclusion must, as the former Archbishop says, include consideration as to whether in one case or another 'there has been criminal activity’ when, if this is suspected, says Lord Carey, 'the police must be brought in and charges must follow'. The fact, as has been revealed in recent months and weeks, that so many Members of Parliament from all sides with bankers, company directors and executives, those from the insurance and finance areas of society and so on, have become engulfed with greed and a false notion of their importance in society, offers the opportunity to clean the Augean Stables, an opportunity which has not presented itself for some time. In setting about this task, we should disregard the excuse that the individual believed that the rules, such as they were, permitted what was done and that all is fair when manifestly, in some situations at least, it is obvious that there was corruption. Stanley Best is a practising barrister at Barnstaple Chambers, an Accredited Mediator and Chairman of the British Legal Association. Chambers: Telephone/ Fax /Answerphone: 01837 83763.

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News from the House

The Bill seeks to introduce a civil recovery scheme whereby the courts could order offenders to pay amounts in respect of benefits derived from the exploitation of any accounts of their crimes. I rather doubt whether these provisions are really worth while or desirable. I should say that they are not just badly drafted, they are also not needed. The Bill’s own regulatory impact assessment states: “At most it is projected that two cases a year will arise”.

House of Commons by numbers

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29 accused of spouse abuse

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14 have been arrested on drug related charges

17 have directly or indirectly bankrupted at least two businesses

Lord Bach

News from the House of Lords

House of Lords Debate on The Coroners and Justice Bill The Coroners and Justice Bill has been described as a massive hotchpotch which deals with child pornography, defences to homicide charges and other varied criminal justice matters as well as with inquests. It attempts to put the law of inquests into modern statutory reform, and for that it has been welcomed by organisations such as INQUEST. But its clauses on secret inquests and on sharing personal information have sparked concern, as these proposals perfectly illustrate the drift into a surveillance society in which government officials are entitled to collect and share any and all personal information on us, while shrouding their own operations in secrecy. Here we highlight some of the debate in the House of Lords on 18 May 2009 concerning the publication of prisoners’ memoirs.

Lord Bach, Parliamentary Under Secretary of State for Justice Part 7 introduces a new civil scheme, which will enable the courts to order a convicted criminal who has received a payment or other benefit from writing or speaking about his crimes, to pay the money back. The central premise behind these provisions is that it is wrong for criminals to benefit from their crimes, whether directly from the initial criminal act, or subsequently by exploiting the notoriety they have gained. It is distressing enough for victims to have to suffer the experience and consequences of the crime itself; that suffering should not be further compounded by the knowledge that the criminal is cashing in on the pain and hurt they have caused.

Lord Borrie As we all know, the Bill ranges over many disparate matters. On a number of occasions in recent years there has been public concern—it might be said public outrage—about the publication of memoirs from which convicted criminals have profited. Ian Brady, Mary Bell and Dennis Nilsen are among those who have profited from the publication of memoirs. A number of rules are already applicable. The Prison Rules prevent the publication of such memoirs while the author is in prison, and the Serious Organised Crime Agency is able to seek a confiscation order from the court when money has been obtained in connection with the offence. Many noble Lords may recall the two men who helped the spy George Blake to escape from prison in 1962. They were held by the High Court to repay the royalties they obtained from the publication of their book entitled How We Freed George Blake and Why.

The Government claim that the changes are desirable to prevent further hurt and distress to victims and their families, and indeed concern for victims and their families is a theme that runs throughout the Bill, as the Minister has indicated. But that is a large claim to make for this part when the Government have to admit that the new measure will in practice “capture very few cases”. I am talking about individual cases, but I would argue that the publication of a criminal’s memoirs may sometimes have beneficial outcomes in terms of assisting rehabilitation of the offender, just as learning new skills or discovering one’s artistic talent can help in rehabilitation. In any case, as has already been argued, the Prison Rules and the confiscation provisions of the Proceeds of Crime Act 2002 can be used to recover what I would call overly large royalties in the occasional case where that seems desirable. I also draw your Lordships’ attention to the fact that the Joint Committee on Human Rights is concerned that an exploitation proceeds order, which is the technical name for what the Government propose, is in part dependent on the degree to which people, victims and the general public are offended. In other words, the court would have to go into the question of to what extent it thinks that the memoirs will offend victims, the family or the public in general. Is it all worth while? As one sometimes does in Second Reading debates, I shall put a marker down at this point. If I get any support, I might seek to delete these provisions by saying that they should not stand part of the Bill.

Lord Lester of Herne Hill If anyone is interested in the free speech implications of criminal memoirs, I recommend reading the unanimous decision of the American Supreme Court in the “Son of Sam” case. Son of Sam was a particularly evil criminal who found that the proceeds of his book about his crimes were to be confiscated. The Supreme Court unanimously held that that violated freedom of expression and the right of the public to read his memoirs.

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Insidetime June 2009 www.insidetime.org There are serious issues, as the noble Lord, Lord Borrie, said. The process of rehabilitation can be advanced when former criminals are able to write books, and if they cannot receive any royalties from the books, that would penalise them in their free expression. So although I do not enthusiastically agree with nasty people writing nasty books, I note that some nasty people have made money out of nasty books, and freedom of expression means the freedom to cause offence to some sections of the public. Therefore this is not, as the noble Lord has indicated, a proportionate use of our time, nor is it a necessary crime to add to the statute book.

Baroness Stern I begin with a general point, echoing the remarks of the noble and learned Lord, Lord Lloyd of Berwick, that there seems to be no halt in the changes to criminal law. Not so long ago, the Minister was good enough to provide me with the answer to a Written Question: how many new imprisonable offences have been created since 1997? On that date, the answer was that, up to July 2007, Parliament had created 1,472 new imprisonable offences— 1,032 in primary legislation and 440 through regulations. These ranged from ships receiving trans-shipped fish under the Merchant, Shipping and Maritime Security Act 1997 to the attachment of earnings order—finding the debtor’s current employer, under the Tribunals, Courts and Enforcement Act 2007. That figure of 1,472 new imprisonable offences seemed to be rather a large number and I think that it might be worth while keeping that figure up to date. I wonder whether the Minister can tell the House how many new imprisonable offences, if any, are to be created by this Bill and subsequent regulations. Finally, perhaps I may say a few words on the proposal for exploitation proceeds orders, which could be caricatured as clamping down on ex-prisoners who are so successfully rehabilitated that they give up crime and become writers instead. Clearly, there is an argument here. Broadcasters and publishers may well try to get those who have committed horrendous crimes to talk about them so that they can attract an audience and boost their profits. The fear is, however, that, as

with other government measures, there will be creep. It will start with only two a year but anyone with a criminal conviction who wants to become a writer, broadcaster or newspaper columnist will feel under pressure about what they write, presumably, for the rest of their lives—if I have understood that correctly. If, for example, a man called Jimmy Boyle, who was in prison in Scotland in the 1980s, wrote some rather well known books about it, and is now a successful businessman, decided to write his memoirs in his old age, his royalties could be appropriated, even today. Will the Minister confirm that that is what is being proposed? I should have thought that it is an achievement when a convicted person turns to writing in order to make a living. As the Minister will know, there are concerns about the drafting of this measure, particularly:

The Joint Committee on Human Rights says of the criterion of being offended: “There is no Convention or common law right to be protected from offence. The Bill introduces a degree of legal uncertainty which will be entirely dependent on the subjective reaction of a small group of people or the wider public to an individual’s actions”. I look forward to hearing the Minister’s response to this critique by the Joint Committee on Human Rights. I assure the noble Lord, Lord Borrie, who is not in his place, that if he wants to delete these provisions, I would be happy to support him.

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Memoirs; We heard some interesting speeches on criminal memoirs. I think there will be interesting debates on that, too. I make it clear that this is not an attack on freedom of speech or on legitimate publishing businesses. We are not banning criminals from writing about their acts, no matter how ghastly they may have been. We are just saying that if a criminal publishes material about his crimes or an act that can cause distress to victims and their families, the court will have the power—if it wants to use it—to order any benefit derived from the publication to be repaid. I emphasise that the courts will have a wide discretion on whether to impose an order.

Is the Minister satisfied that the court will be able to decide whether people are offended? How will the prospective author know how to conduct his or her new non-criminal career as a writer in this context?

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“the extent to which any victim of the offence, the family of the victim or the general public is offended by the respondent obtaining exploitation proceeds from the relevant offence”.

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shall put it to the noble Lord, Lord Bach, that this again is something we see repeatedly from the Government—what one might call legislative grandstanding. There are complaints that something is happening, so the Government feel that they must legislate, whether it is necessary or not. As the noble Lord, Lord Borrie, has told us, there are already adequate remedies in place. So we are doing something that the Government insist is necessary, but we advise is not necessary. Again, I suggest to the noble Lord that he properly takes the advice of his noble friend and quietly withdraws that section of the Bill. It might speed up its passage through this House.

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Contact: S i d d i k A b o o b a k e r, Robert Cashman or C h a r l e s C l e m e n ts SA Law Chambers Solicitors 1st Floor, Heraldic House 160 -162 Cranbrook Road Ilford Essex IG1 4PE

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Lord Taylor of Blackburn (above left) and Lord Truscott have been suspended (not expelled) from the House of Lords until the end of the parliamentary session after they were found guilty of breaching the code of conduct which requires members to ‘always act on their personal honour’. In this case the two peers had been found guilty of agreeing to sponsor amendments to government bills in exchange for a substantial amount of cash. Attorney General Baroness Scotland told their Lordships ‘This is a vexed matter which has tested the House on a number of occasions since 1642’. Many members looked as if they remember it well. There is also the case of Labour peer Lady Uddin (pictured) who has claimed £100,000 Parliamentary allowances by registering a property in Kent as her main residence, despite evidence from her neighbours living directly above and below the property that they had never seen her and the property has been empty for a number of years. Meanwhile it is now reported that some peers attend the House of Lords to ‘sign on’ in order to gain a daily allowance of £300 but taking no part in the business of the House.

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Legal Comment

ike everything else in life, chance and luck affect us all, and the criminal justice system is no different. In life, some people seem permanently surrounded by good luck – they have a well paid job, cash in the bank, happy healthy family … the list can go on and on, while many others seem to have no luck at all. They are made redundant; lose their homes, their health and often end up barely living. This is reflected in the criminal justice system, where some criminals at the top seem to be able to wander through life with impunity, entirely untouched, and are able to enjoy the wealthy proceeds of their crimes, whilst other innocent souls get picked up and locked up for things they have not done.

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Insidetime June 2009 www.insidetime.org

Setting the record straight Consultant Glyn Maddocks reflects on a classic example of chance and luck, good and bad, influencing a person’s life

For those of you who agree with me that chance and luck play perhaps the most important part of all in crime and punishment, and that in most cases once you are in the justice system it’s heavily loaded against you, the rather unusual case of Jamie Sneddon may cheer you. If you think that your whole life has been unlucky, and that things will never change, read on and gain hope!

Not surprisingly, it was a huge shock when in the early hours of the following morning a contingent of police officers smashed down Jamie’s door and carted him off to the Police Station where he was charged with a vicious

attack with a beer glass and a stick. It turned out that, unluckily for Jamie, the alleged victim (the house owner) was a local Magistrate called Ian James. He stated that Jamie had turned on him and crashed the beer glass on his forehead, sending him reeling. Mr James said when he later gave evidence at the Crown Court “the glass didn’t break but it came down on me again and this time it smashed. I was in excruciating pain. I lost count of the blows but it was at least half a dozen. I could feel the blood pouring down the back of my neck.” Despite Jamie providing a detailed and what seemed very plausible, logical and far more consistent explanation of what had really happened, as far as the Police were concerned, as the complainant was a Justice of the Peace, he was the one telling the truth and not Jamie. In October 2000, Jamie faced serious charges of threatening to kill, s18 wounding with intent and theft. Luckily, the jury threw out the charge of threatening to kill, failed to reach a verdict on the s18 wounding and convicted Jamie only of the theft of the wreath. Once more luck played a part, because a retrial was ordered; no doubt due to Mr James’ position as a JP. The second trial took place in December 2000; this time s20 unlawful

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Jamie was stunned by this conversation. He had known that Ian James had lied, but he had never expected the Magistrate to admit it, or for anyone else to believe it. Jamie spent the next 24 hours in a state of nervous shock, desperately trying to work out what to do and whether or how he could take advantage of what Mr James had admitted to him. He eventually decided to telephone Mr James again, ostensibly accepting the carpet cleaning quote but this time recording the call in the hope that Mr James would repeat what he had said the previous day. Once more ‘luck’ was on his side. Mr James spent 20 to 30 minutes talking about the events and once again confessed that he had lied on oath during both the first and second Trials. Jamie then had the evidence that he needed but no idea what to do with it. Because of the close relationship between Mr James and his local Police Force, Jamie eventually decided to send the tapes to the Independent Police Complaints Commission (IPCC). They spent a year deliberating before interviewing Ian James. At first he denied it, but when he was presented with the transcript of the taped conversation his position seemed to change. Ian James was prosecuted for perjury. He pleaded guilty and served 15 months in prison.

This is a story of many twists and turns. It is not one that involves a major miscarriage of justice with huge media attention but it does highlight the deficiencies of our justice system and the role that chance and luck play in determining innocence or guilt. The facts are quite straightforward. Just before Christmas 1999, 20 year-old Jamie Sneddon was with his 13-year-old brother messing about near to where they lived. Jamie had been at a friend’s and had left carrying a beer glass, which was still half full. It was in his hand when his brother decided to remove the Christmas wreath from the front door of a house lit up by some very attractive decorative lights. A few moments later, the house owner appeared and Jamie and his brother ran off in high spirits. The owner saw red and gave chase in a car accompanied by his stepdaughter. There followed a rather unpleasant altercation which involved a stick and the beer glass and some minor injuries. According to Jamie, the house owner got out of his car carrying a stick and hurling abuse at him. Jamie then laughed at him, which inflamed him even more and he then banged the stick against Jamie’s brother’s leg. Jamie’s reaction was to grab the stick, at which point the man came lunging towards him and his head came forward smashing into the glass, which fell to the floor. The incident was very unpleasant, but no real harm had been done to anyone and as tempers calmed down, everyone agreed they would go on their way without taking matters further.

exchanging a few words about quotes it became apparent to both speakers that Jamie was talking to the very Ian James who had given such powerful evidence against him. The past was brought up and the two men spent some time discussing the events leading up to the two Trials. As they did so, Ian James said in so many words that he had lied in Court.

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wounding was added to the indictment as an alternative count to the s18. The second jury heard Ian James repeat the version of events he had given at the first trial. This time the jury convicted Jamie of s20 wounding and he was sentenced to 21 months in prison. Jamie could not believe that he had been convicted on the strength of lies and false evidence. He knew he had been stupid to get involved in a prank which had turned into an argument, but he had not maliciously wounded Ian James, and like many others felt a burning sense of injustice and helplessness. The pain and humiliation of his conviction and sentence were devastating. Jamie was released after 10 months, during which time he was on suicide watch. After his release, Jamie slowly attempted to rebuild his shattered life. Time moved on and he thought he had got back to some sort of normality, although he could not forget what he had been put through. It was at this point, rather amazingly, that ‘lady luck’ stepped in to make up for her previous absence and played a rather unusual part in righting this particular injustice. In 2005, Jamie needed his carpets cleaned and telephoned a local cleaning company. After

After lodging two previous appeals, this time the CCRC not surprisingly took the view that Ian James’ perjury was sufficient evidence for a successful appeal, and in February, some 9 years after the original events, Jamie’s conviction was quashed by the Court of Appeal. It would be nice to say ‘the end’. Of course it isn’t, because Jamie will never forget or truly get over his experience, and this story shows how the system can let people down. But what this story also shows is that luck is fickle and wrongs can also be put right. For those of you who are suffering or have suffered as Jamie did when he was in prison, knowing that you are a victim and not the offender, take heart. There are still a lot of us on the outside doing our best to put right wrongful convictions, and trying to make luck work for you. The evidence to prove your innocence might not just materialise but then, as Jamie’s case proves, it just might. Glyn Maddocks specialises in Criminal Appeals and Miscarriage of Justice cases and is a Consultant with Bowden Jones. He can be contacted on [email protected]

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Insidetime June 2009 www.insidetime.org

management. The people on the front line were the doormen, who from 2005 onwards all had to be registered with the Security Industry Authority.

Leading investigative journalist Bob Woffinden looks at one of the most spectacularly unfair trials of recent times, involving anonymous witness evidence in a case that took two years to come to trial little to prevent drug-dealing. The case clearly had echoes of that of Ruth Wyner and John Brock, who were convicted under the same legislation of allowing drugdealing at the Wintercomfort refuge they ran in Cambridge. In From the Inside, her excellent book, Wyner wrote, “As the law [stands], every hostel manager could be liable to criminal charges, and also every prison governor, head teacher, publican and club owner”. Prophetic words indeed. The book was published six years ago.

ast summer, Tom Costelloe and Manocher Bahmanzadeh, respectively the DJ and owner of the Dance Academy in Plymouth (pictured), were convicted of allowing the premises to be used for the supply of ecstasy.

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The prosecution was founded on the evidence of twenty-one undercover police officers, all of whom gave evidence anonymously. All said they had purchased ecstasy (a class ‘A’ drug) at the club. They did not, however, purchase it from Bahmanzadeh or Costelloe. In fact, there was no evidence that either of them had engaged in drug-dealing, or had ever benefited from drug-dealing. In order to secure convictions, the Crown needed only to assert that they had done too

The Dance Academy was formerly the Palace Theatre. One of the major landmarks in the centre of Plymouth; it was a magnificent 112year-old Grade II listed building with its own historic associations; on 17 May 1954, Laurel and Hardy gave their last-ever live performance there. In 1997, the local council contemplated buying it but, as they prevaricated, Bahmanzadeh came in with a better offer. He opened it as a dance club the following year. He met Costelloe while the latter was DJing at the Camden Palace in London. Costelloe worked for Bahmanzadeh at another of his clubs, the Zap in Brighton, before accepting the invitation to move to Plymouth. Of course, the club had to be licensed by the local licensing authority and that entailed liaising with the police. If anyone was found with four or more tabs of ecstasy, they were assumed to be dealing and were handed over to police. This was the policy that was recommended by the police and put into practice by the club

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When the case went to trial, both prosecution and defence witnesses gave evidence that all bar staff were told there was zero tolerance on drugs in the club and that they must immediately report anything suspicious to security staff. During 2006, consultations with the police were ongoing. Bahmanzadeh offered to pay for uniformed police officers to be at the door of the club. The police turned down the offer. Costelloe, a teetotaller, had gone down to Plymouth as DJ and general manager of the club, but after a time he realised that the routine of doing admin by day and playing records by night - was too onerous. He was missing out on his two-year-old daughter’s early years. His partner also wanted to move away from the area to be nearer her parents. So, in November 2005, Costelloe changed his role at the club in order to reduce his workload significantly. He ceased to be general manager; he merely DJ’ed on a Saturday evening and helped out with admin on a Monday. It was at this juncture in November 2005 that the police, even as they continued their regular discussions with club management, started an undercover operation and sent in officers to the club to try to buy drugs. On Saturday 6 May 2006, in a blaze of local publicity, police raided the club and closed it down. Bahmanzadeh, Costelloe, the club licensee and a fourth man were charged. Astonishingly, it took two years for the case to come to trial - an unerring pointer, some legal observers would argue, to the difficulties the prosecution was having in assembling a case. (Similarly, it had taken 18 months for the Wyner-Brock case to reach trial.) When the trial did start in May 2008, the Crown brought forward evidence from former doormen. (Some of whom, the defence argued, had been sacked precisely because of their involvement in drug-dealing - and therefore held grudges against those in the dock.) There was mainly, however, the evidence of the twenty-one undercover police officers.

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The Crown argued that these officers needed to give evidence anonymously. Further, they were screened from both the defendants and the public gallery. The defence knew nothing about any of them and so cross-examination was meaningless. Even so, their evidence took up four weeks of the trial. Straight after their evidence had finished, there was a bombshell. The House of Lords ruled that anonymous witness evidence was illegal. Lord Bingham, the senior law lord, said: “No conviction should be based solely or to a decisive extent upon the statements or testimony of anonymous witnesses. The reason is that such a conviction results from a trial which cannot be regarded as fair. This is the view traditionally taken by the common law of England.” Such pearls of judicial wisdom, however, fell upon the stoniest of ground. The government caved in even more speedily than usual to raucous tabloid headlines and immediately brought in a new act to allow anonymous witness evidence. Costelloe and Bahmanzadeh’s appeal was then heard as part of a composite appeal involving a number of anonymous-witness cases. It was turned down. After all, there was little the judges could do now that the government had sanctioned this form of trial. However, Lord Judge, the Lord Chief Justice, did point out that the new act was written in the singular. Accordingly, it appeared to envisage that prosecutions would never require more than a solitary anonymous witness; and in this case there were twenty-one of them. Wyner wrote that justice in their case became a “surreal farce” and that her conviction meant she was “wronged in a way that could never be put right”. While some police were reassuring them that all was in order, others were conducting a surveillance operation. Costelloe and Bahmanzadeh were doublecrossed in exactly the same way. So, even without the anonymous witness evidence, their trial would still have been unfair. But the fact that all the key evidence was anonymous merely made it one of the most spectacularly unfair trials of recent times.

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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

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Insidetime June 2009 www.insidetime.org

The long walk to freedom

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Sean Hodgson’s Lawyer Julian Young asks: what of the future in possible cases of miscarriages of justice involving DNA evidence? inmate must understand that Solicitors will have to secure funding from the Legal Services Commission. I must stress that each case is different and most cases will take considerably longer to resolve than that of Sean Hodgson. This depends on the facts, evidence and whether a formal referral has to be made to the Criminal Cases Review Commission.

years and 1 month after conviction, and less than 12 months after my colleague Judy Ramjeet (pictured) and I started work on Sean Hodgson’s appeal, his conviction was quashed and he was declared an innocent man. He was able to walk free from the holding cells with his paltry £46 release grant and into the spring sunshine to meet his family and the massed media.

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Sean faces a different world from that which he knew 30 years ago. The Internet, numerous television channels, mobile phones, the hustle and bustle of London and the cost of living in London are some of his problems. It will be a long struggle until he is able to live a normal life. He seeks compensation for his wrongful conviction and imprisonment – and the Government will be deducting the cost of ‘board and lodging’ from his compensation – and he looks to the FSS for damages for an error which took place 10 years ago. These are issues to be taken up in the next few months. What of the future in possible cases of miscarriages of justice involving DNA evidence? The

Media asked me if there were any further cases of a similar nature in the system. It is impossible to give a definitive answer – perhaps readers of Inside Time can respond to that question. I would advise anyone convicted of an offence before DNA testing was available and who believes that DNA analysis could show their innocence, to contact a solicitor as soon as possible. Legal Aid is available and Solicitors would have to obtain files from storage or former Solicitors or copies from the police force’s prosecuting authority, DPP or CPS. Thereafter the papers would have to be checked, the evidence analysed, funding obtained for independent DNA testing and Counsel or a Solicitor Advocate instructed to consider the evidence and draft Advice and Grounds of Appeal against Conviction. Solicitors can arrange for the whole investigative process to be checked to ensure that the correct procedures were followed by the original investigating officers. All this will take time – it should be noted that the case of Sean Hodgson was dealt with in an exceptionally short time. Frustrating though this may be an

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However, it isn't just pre-1987 cases that should be considered for re-investigation. Although forensic DNA analysis has been in use since 1987, the methods used nowadays are quite different and much improved. It is possible to get DNA profiles from much smaller samples than was the case even a few years ago, and specialist techniques, such as Y-STR DNA analysis that selectively target male DNA, can be used now, in addition to standard DNA analysis. With regard to the retention of samples, I understand that FSS Ltd managers have been aware that they have been running out of storage space and FSS Ltd has been much more active in destroying retained materials, in accordance with the memorandum of agreement that exists between FSS and ACPO as a consequence of PACE. It may be that some element of luck will still be involved with regard to tracking down potentially useful material from even relatively recent cases. So, it is not words from me, but action by anyone who believes that they are innocent and that new DNA tests or analysis can assist them in an appeal against conviction that must be taken. This should ensure that there are no more Sean Hodgsons, that is innocent people, in prison. Find a competent solicitor who is prepared to examine your case and consider and advise in connection with an appeal against conviction; such solicitors do exist, as Sean Hodgson can confirm. Julian Young, Solicitor Advocate and Senior Partner of Julian Young & Co. London

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41

Confiscation orders quashed Evan Wright and Claire Berrington report on the review of certain confiscation orders after a ‘fortunate accident’ was discovered by a Revenue & Customs lawyer ustoms to review Confiscation Orders in tobacco cases made after 1st June 2001’. The Revenue and Customs prosecutions office (RCPO) could have done without this problem in the run-up to a merger with the Crown Prosecution Service. Owing to the flawed application of excise regulations, the RCPO is now conducting a wholesale review of confiscation orders made in tobacco smuggling cases since the 1st of June 2001. In the recent appeal of William Chambers (2008) EWCA Crim 2467, the defence initially argued that the Crown Court should have been bound by the defendant’s written basis of plea in confiscation proceedings when considering the degree of ‘benefit’. The prosecution asserted that they were not bound by the basis of plea but there was no request for a Newton hearing to argue the basis.

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On the day before delivering the formal judgement rejecting the defendant’s appeal, the Court released a draft to both sides. The document reached the desk of an RCPO lawyer who realised, presumably to the acute embarrassment of her superiors, that the wrong regulations had been applied when asking the Crown Court to consider the extent of the benefit. At the 11th hour, this ‘fortunate accident’ (as it was described by Lord Justice Toulson) changed the focus of the appeal and the confiscation order was quashed. It is not clear whether the diligent RCPO lawyer was commended by her superiors or simply locked in a cupboard! In closing, Lord Justice Toulson said: “We expect that the Revenue and Customs

Prosecutions Office will now conduct an urgent inquiry into whether there have been any mistakes in other cases in which confiscation orders have been made; no doubt with prison sentences in default. If that turns out to be so, the defendants in those cases should be given notice in order that they can make late applications for leave to appeal, or such other application as may be appropriate if, for example, they have served a default term of imprisonment as a result of a court imposing a confiscation order on an erroneous understanding of the law.” It is widely known that one can obtain a ‘benefit’ (in confiscation) by obtaining or otherwise dealing with a wide variety of criminal property. However, one can also obtain a ‘benefit’ by obtaining a pecuniary advantage. This arose in R v Chambers because it was said the defendant dishonestly avoided the payment of excise duty due on the cigarettes. At the original confiscation hearing, on 8th April 2008, the RCPO argued that the defendant was liable to pay excise duty in the sum of £66,120 and had therefore obtained a benefit in the same amount. They relied upon Regulation 5 of the Excise Goods (Holding, Movement, Warehousing and REDS) Regulations (SI 1992 No 1315). Unfortunately for them, Regulation 5 was superseded on 1st June 2001 by Regulation 13 of the Tobacco Products Regulations (SI 2001 No 1712). Regulation 13 narrowed the categories of persons liable to pay duty in such cases to:(i) The person holding the Tobacco products at the excise duty point, and (ii) Any person who caused the tobacco

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products to reach an excise duty point. If they had applied Regulation 13, they would have sought a finding of fact from the Crown Court that the defendant fell into at least one of those two camps. Determining which individuals fall outside Regulation 13 is not as straightforward as one might imagine. Although the Regulation does not refer to the ‘importer’ and it excludes the ‘consignee’ as being liable to pay the duty, both of those participants can be caught by the regulation if they act in other capacities. That is a matter for factual argument. In R v Chambers, no evidence was presented on the point. The case was concluded with a guilty plea on a written basis. Several confiscation orders have now been quashed by referring to R v Chambers. Although Lord Justice Toulson did not expand upon what he meant by ‘such application as may be appropriate...’ one can imagine that relevant confiscation orders may have been settled already by the sale of substantial assets. Some defendants may be in the midst of the prison sentence set in default of payment. It remains to be seen how the courts receive any applications for compensation. Not all tobacco confiscation cases will be affected but the RCPO will be looking closely for cases where the appropriate finding of fact may not have been sought or made, whichever regulations were applied. Defence teams also have cause for some concern, especially if they advised their client to agree the benefit figure in a tobacco case where the old Regulation 5 was wrongly applied. It underlines the need

for specialist advice because the relevant excise regulations are a complete mystery to some firms. What does this mean to me? If you have a confiscation order in relation to a cigarette smuggling offence made after 1st June 2001, it is possible that this order may be appealed and funded by Legal Aid. Please feel free to contact Pure Legal with details of your case to see if we can be of assistance. Evan Wright is managing director of Pure Legal (confiscation consultancy) and a Partner at Draycott Browne Solicitors, specialising in Confiscation, Asset Management and Fraud cases. Claire Berrington is a partner at Harris Chartered Accountants specialising in forensic accountancy and providing litigation support.

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Legal Comment

What is Judicial Review? Judicial Review (JR) is a method of challenging decisions made by a public body in the High Court, whereby the Court is requested to review whether the action or decision of a public body is lawful. It is not an appeal on the merits of a decision, but a review of the decision making process itself. As such, it has wide potential application to matters of prison law, since a great many decisions made relating to prisoners can be challenged in the courts using this method. Such matters include decisions relating to transfers, discipline, prison rules, categorization and parole board decisions. However, it should be noted that where there is another potential remedy available, this should be explored and exhausted before resorting to JR - otherwise the Administrative Court will have a readymade ground to refuse an application. For many matters, such alternative remedies include the prison complaint procedure. However, there is generally no alternative to JR in respect of decisions of the parole board or the Secretary of State. Subject to the usual means criteria, Legal aid is available for JR, and it is therefore important to get a lawyer involved early, as he will also be able to advise if any other steps need to be taken before commencing JR, as well as on the JR itself. A lawyer can also advise as to against whom it is appropriate to issue proceedings, which is dependant upon by whom the relevant decision was made, whether the Prison Governor, the Secretary of State for the Home Department or the Parole Board. It is also important to issue claims promptly, usually within three months. Grounds for Judicial Review The grounds generally applicable for a JR to be commenced are as cited by Lord Diplock, when detailing the categories of error of law that allow the court to intervene by

Insidetime June 2009 www.insidetime.org

The application of judicial review to prison law issues A Judicial Review should, where appropriate, be contemplated as a way of seeking appropriate redress, says David Wells way of JR. The first ground is ‘Illegality’ which is where a decision is taken that is beyond the powers available to that body, such decision being said to be ‘ultra vires’. The second primary ground is ‘Procedural Impropriety’ or ‘Fairness’, which is a procedural failing in the process of coming to the relevant decision, such as a failure to comply with the procedural requirements of the Prison Rules. It can also include failing to adhere to the rules of natural justice. Intertwined with the above principles are the 'rule against bias' and the 'right to a fair hearing'. Bias can be said to exist where a reasonable, fair-minded observer could properly consider that a decision maker was biased. If it can be shown that the maker of a decision was biased, then that provides a clear ground for the grant of relief. A good example of this is where the decision maker has already given indications that he favours one party over the other. With regard to the right to a fair hearing, all very much depends on circumstance. Of course, under the Human Rights Act

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1998, there is also the need for domestic decisions to comply with the European Convention of Human Rights. In the context of prison law, such matters can include the receipt of sufficient information and the granting of sufficient time to prepare a case, though what is deemed ‘sufficient’ does depend greatly on the nature of the matter in question. Other such issues include the right to cross-examine a witness, the right to make representations and the right to a prompt resolution of a matter. The third ground is ‘Irrationality’, which is where a decision made is such that it may be deemed so unreasonable that no reasonable authority could have reached it .This is know as ‘Wednesbury Unreasonableness’, being named after the case from which the principle derives. It should be noted that challenges to prison discipline issues on the grounds of irrationality rarely succeed, as the courts tend to view prison governors as well as external adjudicators as best placed to make such decisions. Challenges by way of JR can also be made

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on issues such as legitimate expectation, failures to give reasons for decisions (or the adequacy of such reasons) and proportionality. Sometimes, the giving of reasons is a statutory requirement, such as under the Parole Board Rules 2004. However, it has been held that whilst there is no general duty to give reasons, some categories of case do require this, especially where the matter is one highly regarded by the law, such as personal liberty. The reasons given should also be adequate enough to show that the process has been carried out correctly, to address the issues which have been the subject of the dispute, and show that all appropriate directions were fully considered. Available remedies following a successful JR If a claim is successful, the court can order one or more of several remedies. Firstly, it can make a quashing order, whereby the decision is quashed and may be remitted back to the body to be decided upon by the body again in accordance with the view expressed by the court, unless the court view it appropriate to make the decision itself. It can also make mandatory orders, requiring the defendant to take a prescribed step, and also prohibiting orders, preventing the body from taking certain actions. The court can also issue an injunction to restrain a body from doing certain actions. Finally, the court can issue a declaration, which sets out its own view of the lawfulness of a particular decision or situation. Whilst Judicial Review is certainly not the easiest or most readily accessible remedy for prisoners on the receiving end of unfair or improperly made decisions, there are situations where it should be seriously contemplated as the only viable way of seeking appropriate redress. David Wells is a partner with Wells Burcombe Solicitors

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Legal Advice

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43

Conspiracy to Murder: To Plan a Death Aziz Rahman and Jonathan Lennon he essence of this offence is in the ‘agreement’; the agreement to kill – there need not in fact be a dead body. On the other hand, prosecutors sometimes like to use this charge when there is more than one person in the dock and all are alleged to have played a different role in an unlawful killing. In those circumstances it is sometimes easier to charge conspiracy to murder even though there is a body. The authors, for example, were involved in a gangland case where the defendant had been charged with conspiracy to murder (he was later acquitted) – the murder victim had been shot by an unknown male who was with a group of other masked males. The police made several arrests and tried them all for conspiracy to murder.

T

Definition of Conspiracy Conspiracy to murder is just like any other conspiracy. So just what does it mean to be charged with a conspiracy offence? Under section 1 of the Criminal Law Act 1977 it is an offence … ‘if a person agrees with any other person or persons that a course of conduct shall be pursued which, if the agreement is carried out in accordance with their intentions …’ results in the commission of an offence. That means simply that, just as it is a criminal offence to rob or murder or steal, so it is a criminal offence for two or more persons to agree with one another to rob or murder or steal – or whatever the offence may be. The course of conduct proposed must be something that will be done by one or more of the parties to the agreement – the other parties to the agreement must take some role and must know that murder is in mind.

evidence is that, ordinarily, acts done or words uttered by ‘A’ cannot be evidence against ‘B’. But in conspiracy cases there is the so-called ‘acts and declarations’ rule. This provides that the acts or declarations of any conspirator or co-accused made in furtherance of the alleged common design may be admitted as part of the evidence against any other conspirator. To be admissible against a co-defendant, the declaration in question must be in furtherance of the common design; it must … “be demonstrated to be one forming an integral part of the machinery designed to give effect to the joint enterprise” – R v Reeves, unrep. Dec 4 1998. Descriptions of past events for example are not made in furtherance of the common design and are therefore not admissible against anyone other than the maker. For example, say an undercover officer covertly records a suspect ‘X’ discussing the preparations for an offence where ‘Y’ is mentioned. This could be admissible evidence in a conspiracy case against both ‘X’ and ‘Y’. The acts and declarations rule can and very often should be tested by the defence (see e.g. R v Gray and Liggins [1995] 2 Cr. App. R 100).

The intention in a murder charge is intent to kill or to cause grievous bodily harm (GBH). The intention to actually kill must be present in a conspiracy to murder charge; it is not enough to have an intention to commit GBH only. However, when there is an actual death, and there is more than one defendant in the dock, the Crown will sometimes prefer a straight murder charge, as the intention element may be easier for them to prove than that in a conspiracy charge, i.e. charge murder on a joint enterprise basis; see below. Another significant difference is of course the sentence. We all know that there is only one sentence for the offence of murder and that is the mandatory life sentence for adult offenders. That is not true in conspiracy cases; the sentence is open – though, depending on the facts, a conspiracy to murder case may well attract a life sentence. Provocation is a partial defence to murder. It cannot be a defence to conspiracy to murder – you cannot plan to be provoked and lose your senses so much you kill your provoker.

Joint Enterprise Difference between Murder and Conspiracy to Murder The main difference of course is that no one needs to be killed. This often comes up in socalled ‘honour-killing’ plots, where the accused will all be members of a family who are accused of taking steps to kill another family member; usually a female with plans to marry outside the family race or religion. The police will get wind of the case and either make arrests or even, in a case which Rahman Ravelli Solicitors were involved in, employ an undercover officer to pretend to be a potential ‘hit-man’.

This topic is not strictly one for this article, which considers conspiracy cases rather than joint enterprise. However, no discussion on murder involving more than one Defendant would be complete without some mention of the complex law on murder charged on a joint enterprise basis. Joint enterprise simply means two or more persons embarking on a course of action together so that each is responsible for the outcome, e.g. the getaway driver in a bank robbery is guilty of robbery even if he never set foot in the bank.

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Proving the ‘Agreement’ Judges will remind juries that for the prosecution to prove an ‘agreement’ they do not have to produce a signed contract agreeing to commit an offence. Juries are invited to make inferences from the evidence – for example, circumstantial evidence of a series of suspicious meetings or links to other codefendants by telephone calls and so on. Often these factual assertions are agreed, but the inferences that can be drawn from these facts are not agreed. Tactical care and skill is required to identify how best to attack the prosecution’s case, i.e. does that mean a series of calls or meetings equate to participation in some unlawful agreement? Is there another explanation? The fact is that the defence may, either through cross-examination or through the defendant’s evidence, show that there are other ‘co-existing circumstances’ which explain the issues and can weaken the prosecution’s inference. The defence lawyers can consider asking the Judge to give a jury direction on circumstantial evidence. This simply means that the Judge will remind the jury that, as a matter of law, it should distinguish between arriving at conclusions based on reliable circumstantial evidence, and mere speculation. Juries are often told that speculating in a case amounts to no more than guessing.

Acts and Declarations In conspiracy cases there will often be significant areas of evidence which, on the face of it, seem damming but which in fact are not admissible against a particular Defendant. A basic rule of

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In R. v. Powell and another; R. v. English [1999] 1 A.C. 1, H.L. the House of Lords considered the vexed question of the liability of secondary parties in joint enterprise homicide allegations. In Mr. English’s case, the defence of the secondary party, i.e. English, was that he contemplated that GBH would occur to the victim (who was in fact a police sergeant) using a wooden post but did not know that the principle offender would pull out a knife and stab the victim. The trial Judge directed the jury in effect that they could convict English even if he did not know about the knife if he nevertheless knew there was a substantial risk that the principle might cause GBH with the wooden post. The House of Lords did not approve of this direction and the conviction was quashed. However, that does not mean that a difference in the final weapon used always exempts secondary parties from liability to murder, it all depends on the facts and specifically what sort of different weapon was used, i.e. using a gun instead of a knife might be held to make no difference, as each is a highly dangerous weapon to use and so even a secondary party not knowing about the gun could be convicted; see generally R v Rahman [2007] 3 ALL ER 396. Where two or more persons embark on a joint enterprise, each is liable for the acts done in pursuance of that joint enterprise – this is so even if unusual results follow. But if the principal offender commits acts which were beyond the understanding or tacit agreement of the group - i.e. of the joint enterprise, then the other participants would not be liable for the consequences of that unauthorised act. These are matters for the jury on the proper direction of the Judge – it is for them to decide whether they are sure what was done was part of the joint enterprise or whether it may have been an act outside the scope of the joint enterprise. Where the principal does an act which the accessory agrees to, but with an intent outside the contemplation of the accessory, it has been held by the Northern Ireland Court of Appeal in R. v. Gilmour (Thomas Robert) [2000] 2 Cr. App. R. 407, that the accessory is not blameless; in such circumstances, he may be found guilty of a lesser offence – so, for example, a principal throws a petrol bomb into a house with the assistance of a secondary party. The principal wants to kill but the secondary party has no such intention – believing perhaps the property to be empty and intending only to start a fire. In such circumstances the accessory could be convicted of manslaughter.

Conclusion Just as in any conspiracy case, the essence of the defence lies in a clear understanding of what inferences are going to be made from primary facts, and knowing how to tackle them – and in this case having a clear understanding of the law.

Aziz Rahman is a Solicitor-Advocate and Partner at 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

44

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Inside Time Legal Forum Answers to readers’ legal queries are given on a strictly without liability basis. If you propose acting upon any of the opinions that appear, you must first take legal advice. 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, PO Box 251, Hedge End, Hampshire SO30 4XJ. 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. the UK after that, however the conditions of that travel will be decided by the police force to whom you must report – these conditions can include reporting to a police station abroad. However travel abroad is by no means an automatic right and it is likely you will come up against difficulties. Of course, at any stage if you feel a decision made by the probation or police is unreasonable or potentially unlawful you should contact your solicitor. Most prison law solicitors will be able to assist you with licence difficulties even after your release from custody.

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CP - Bail Hostel Q Is it legal for Probation Hostels to charge

KC - HMP Durham Q I was convicted of sexual assault on three girls under the age of 16. I was sentenced to 5 years and placed on the sex offenders register for life. I want to know if I would still be allowed to move abroad if I informed the police here and reported to the police in a new country or do I have to stay in the UK for the rest of my life.

A

The issue of actually living abroad is one which you must discuss with your probation officer while you are in custody. Such travel can be specifically prevented but this will depend on the conditions placed on you. You are subject to the registration requirements indefinitely and this, in itself, normally means that you will have to inform your local police of any plans to travel outside of the UK. Such travel is normally only possible after the actual licence part of your sentence is over. It is possible to travel outside

you, including details of your vulnerable person status, and steps will be taken by the Probation Service to ensure your safety and to protect your anonymity. Should there be problems with this, then action will be taken by the Probation Service to protect you, including movement of you or other Probation clients to different Hostels. If you have specific concerns about your status, then these should be reported and action will be taken. If you have general concerns, then you should have a key worker who can discuss these with you and indeed action to be taken in order to protect you, if you feel that there are failures or likely to be problems. Indeed with both of these issues, we would recommend that you can take them up directly with your key worker, who should be able to assist you fully with both.

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CB - HMP Haverigg Q I was returned to HMP Haverigg from a Cat D establishment to answer an adjudication which was subsequently dismissed. During this time my confiscation court hearing was held and an order made of £135,000. I have paid £30,000; the rest is in assets held in restraint by the police. The Governor at Haverigg will not let me return to Kirkham because of the outstanding confiscation and yet I know of people at Kirkham who not only have confiscation orders outstanding but have been granted home leave. Is the Governor entitled to keep me here?

rent money out of our Job Seekers Allowance. When I asked about this the staff said it’s a service charge yet the receipt says ‘rent’. In prison I took VP status but at the hostel I have to live alongside people I was kept safe from when in custody.

A

A I have answered your questions separately: 1. Payment of rent to live at Probation Hostel. There is a rent charge for living at a Probation Hostel. Rent will be charged by the Probation Service for the time that you are at the Hostel at a set rate. If you are working, you are directly responsible for the rent. If you are in receipt of benefits, then you can make an appropriate claim for benefits and arrange for payment. Workers at the Probation Hostel will assist you in connection with enquiries about rent payments and any other charges and can also assist you in connection with benefit claims to ensure that your rent is paid. It is lawful to deduct rent for your stay at the Hostel. 2. Vulnerable Person status (VP). When you were in custody, you took vulnerable person status. Upon release there are no special units for vulnerable persons. There will be records concerning

Accordingly, in answer to your question as to whether the Governor’s decision is normal prison procedure, it is certainly clear from PSO 0900 that the Governor is entitled to take such action. That is not however to say that the decision taken by the Governor is reasonable. In the case of R (on the application of Paul Lowe) v Gov HMP Liverpool it was clearly stated that there should not be a re-categorisation (either

The Governor at HMP Haverrig is entitled under PSO 0900 (2.5). This section provides that a Governor can review the security category outside the normal review cycle as a result in change in circumstances. The Governor has the discretion to either reduce or increase your security category as a consequence. In your case it appears that the Governor has decided to increase your security category form D to C due to the fact that he has considered your recent confiscation order as a change in circumstances.

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up or down) without a significant change in risk. I have not got sufficient information concerning your case to advise as to whether the Governor’s decision in your case was reasonable. However, I would suggest that you contact a prison law solicitor urgently to see whether the decision can be challenged.

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GM - HMP Haverigg Q I would like to know whether or not I have the right as an Irish citizen to vote. Irish prisoners can vote in their own elections following the Irish government enacting legislation pursuant to the Hirst v UK judgement, and of course vote in European elections.

A This correspondent seeks assistance regarding votes in Ireland. My understanding is that the Republic of Ireland now places no formal prohibition on prisoners voting. In practice, however, it is often difficult for prisoners to vote. For example prisoners have the right to be registered to vote in their home constituency, but have no right to either a postal vote or to be released to cast a vote at a ballot box. Unfortunately he will need to seek advice from a lawyer in Ireland. They will have more experience of and knowledge of Irish Electoral regulations and law.

Right to Vote Irish prisoners in Irish prisons have a right to be registered in the political constituency where they would normally live if they were not in prison. However, you have no right to be given physical access to a ballot box by temporary release or a postal vote or any other way. If you happen to be on parole or temporary release (in Ireland) at the time of an election, you are free to vote where you are registered. Your rights if you are on remand are the same as if you were a convicted prisoner. The Electoral (Amendment) Act 2006 provides procedures that enable prisoners to vote by post. If you are in prison in Ireland, you can register for a postal vote in the area that you would otherwise be living in. However, currently very few Irish people living abroad are able to vote. Ireland is in a highly unusual situation in our increasingly globalised world, in not allowing the majority of its overseas citizens any say in the political process. Members of the armed forces and the diplomatic services are able to vote in Dail elections, while only NUI and Trinity graduates can vote in the Seanad. There is no law to prevent emigrants from voting; there is simply no law to facilitate it.

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Legal Q&A

Insidetime June 2009 www.insidetime.org will not accept the large reductions in drug sentencing. However I have detected a broad agreement that the long sentences for couriers, particularly poor exploited couriers from places like the Caribbean, are unjust, ineffective and a waste of prison space.

Banks on Sentence 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 read that they were trying to change the law for drug offences. What is the situation and can I ask for my sentence to be reviewed.

A

The Sentencing Advisory Panel has issued a public consultation paper on sentencing for drug offences. It is the first stage of the process to issue guidelines. Subsequently there will be advice from the Panel, draft guidelines from the Sentencing Guidelines Council and finally the definitive guideline which courts must have regard to when passing sentence. The consultation paper sets out a number of preliminary proposals and invites responses to those proposals in the form of questions, for example one question is “Do you have any comments on the Panel’s approach to sentencing for drug offences?” The Sentencing Advisory Panel is very keen for more people to give their views and that includes prisoners. So feel free to write to them. The proposals are controversial, they include: 1) Sentencing for importing and supply should be the same. 2) The starting point for importing/supplying 5 kilos of heroin should be 12 years for a

leading role, 8 years for a significant role and 4 years for a subordinate role. 3) Only offences involving 20 kilos or more of heroin (for a defendant playing a leading role) should have a sentencing range of more than 10-14 years. 4) The starting point for importing/supplying 100 kilos of cannabis should be 4 years for a leading role, 2 years for a significant role and 1 year for a subordinate role. 5) Those who sell fake drugs should be sentenced as if it were an offence of dishonesty. 6) Purity should not be a significant factor in determining a sentence. The starting points are for first time defendants after a trial. Interestingly, the Panel asks whether long custodial sentences for drug offences solely for the purposes of deterrence can be justified. The Panel says it is not clear that lengthy custodial sentences contribute to crime reduction to a greater degree than other available sanctions such as confiscation and asset recovery. It is a relatively safe prediction that the Sentencing Guidelines Council, who will actually determine the definitive guideline, and the government, who often play a significant part in deciding the key points,

CRIMINAL DEFENCE & PRISON LAW SPECIALIST We offer Legal Advice and Representation on: ‡ ‡ ‡ ‡ ‡ ‡ ‡ ‡ ‡ ‡

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Back to your question whether you can ask for your sentence to be reviewed. These are only proposals awaiting the end of the consultation period. I regret to say that there is a long-standing rule that if the sentencing tariff goes down after someone is sentenced, that has no effect on sentences passed before the reduction was introduced.

Q I am on remand for affray and I am worried I’ll get an IPP. Can you explain how the judge gives this sentence? In my offence no-one was injured or threatened by me. All I did was push a police officer and swore at them. A I assume you are aged 18+. For IPP, the court must consider 1) Is the offence a specified offence? Affray is. 2) Is there a significant risk of serious harm to the public from future specified offences committed by the offender? If No, IPP cannot be passed. 3) If Yes then does the offence carry a maximum of 10 years plus. Affray does not, so IPP can’t be passed. So good news. Q

I played a minor role in a tobacco smuggling case. I pleaded but the prosecution want to confiscate my house where I live with my wife. They say my benefit is the value of all the tobacco imported even though Customs seized that. Further I was never going to receive the tobacco. I was only going to receive £1,000 which I never received because we were all arrested.

A

The issue of benefit by those who played a lesser role is one of the complicated areas of sentencing. There are three principles your legal team should be concentrating on. Firstly, it has been discovered that due to a change in the tobacco regulations in 2001, those who were liable to pay tobacco duty changed which restricts the number of duty evaders who can have a confiscation order

45

made against them, see R v Khan 2009 EWCA 588. As a result the CPS is reviewing all confiscation orders in tobacco smuggling cases made on or after 1 June 2001. Secondly, the House of Lords has considered the meaning of benefit. They changed the law and said, “Mere couriers or custodians or other very minor contributors to an offence rewarded by a specific fee, and having no interest in the property or the proceeds of sale, are unlikely to be found to have obtained that property. It may be otherwise with money launderers.” The fact you say you were playing a minor role will not necessarily mean the prosecution and the judge treat you as that (see May and Others 2008 UKHL 28, 29 and 30).The third area that should be considered is your wife’s matrimonial interest in the property. Her interest will be considered from a number of angles, including how the purchase and mortgage payments of the house were funded.

Q What do you think is the most unjust part of our sentencing law? A I have no doubt that the most unjust part is the Criminal Justice Act 2003 starting points for murder. They force judges to pass sentences which are often far too long. The starting points for adults of 15 and 30 years are unsuited for the wide variety of criminal behaviour there is in murder cases. There can be cases where a group of defendants aged just above and below 18 can have starting points of 12, 15 and 30 when they should all have the same starting point. The Court of Appeal has done what it can to introduce rules to lessen the unfairness of them but judges still have to apply the system in principle. There used to be a system that the task of the judge was to consider all the relevant factors and pass the right sentence. That system served us well. The new starting points have forced up the sentences for attempted murder and are starting to increase the sentences for wounding/GBH with intent (s18). I spoke to one of the most senior judges in the country about the ill considered changes that have been introduced into sentencing. He agreed the murder changes were the worst example.

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, PO Box 251, Hedge End, Hampshire, SO30 4XJ (and mark the letter for Robert Banks).

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

24 hours a day 7 days a week

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157a High Street For expert advice contact INSIDETIME PROOF ONLY London Remy Mohamed or Rob Johnson E17 7BX [email protected]

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46

Book Reviews

Insidetime June 2009 www.insidetime.org

Jack the Ripper Unmasked Sir Alan Sugar - the Biography by William Beadle

by Charlie Burden

Gerard McGrath discovers yet another book that attempts to unravel the identity of the nineteenth century's ‘icon of evil' and regards it as exploitative

Jane Andrews considers the biography of businessman and TV celebrity Sir Alan Sugar rather ordinary and is less than impressed with biographies in general

For in excess of a century, millions of written words, miles of film celluloid and hundreds of hours of TV documentaries have been produced regarding the identity of the multiplemurderer Jack the Ripper. Averse as I am to 'red top' sensationalist terminology, Jack will ever be regarded as the nineteenth century's ‘icon of evil' as Brady & Hindley are perceived by many as that of the twentieth century. We know beyond any reasonable doubt that Brady & Hindley were 'The Moors Murderers' - but who was Jack the Ripper? William Beadle's 'Jack the Ripper Unmasked' is yet another book claiming to definitively identify Jack. Seeking to conclusively prove who he was has proved to be quite a money-spinner in feeding our insatiable appetite for vicarious thrills, not to mention the appeal to the prurient facet of the nature of some. Over the course of decades, numerous professional and would-be sleuths have turned a coin or two claiming to have identified murderous Jack. I am compelled to concur with William Beadle where he writes in the concluding chapter of his book: 'The Ripper [too] has become such a creature of the entertainment industry that we might as well award him an Equity card.' So, has William Beadle succeeded in the bold claim on the front cover of his book: `The real identity of the world's most infamous killer is revealed at last?' In reviewing his book, I elected a two-pronged approach. Firstly; I would forensically dissect Beadle's evidence (tasteless pun intended) as if I were a member of a jury trying William Henry Bury, the man Beadle claims was Jack the Ripper. Based upon the case Beadle presents twixt the covers of his book, I would decide if the case is proved beyond a reasonable doubt knowing my guilty verdict would contribute to sending a man to his death on the gallows. Secondly, is the book a good read; would I recommend it to others? Mindful that I do not wish to spoil the book for any prospective reader, it is incumbent upon me that I do not reveal, even in précis form, the Painting by Dean Stalham of the Koestler Trust.

specifics of the case Beadle presents against William Bury. Rather, I confine my review to a general assessment. With laudable finesse on his part, Beadle employs a forensic psychological profile approach as defined and refined by the Behavioural Science Unit of the American Federal Bureau of Investigation to portray Bury as a classic phenotype. Coherently, credibly, Beadle evidences that Bury ticks all of the boxes, fits the profile of a primary psychopath capable of the heinous murders attributed to Jack the Ripper. Frankly, most adroit writers of this genre would not be stretched to demonstrate that Bury was a primary psychopath, given what is known of his social history. Beadle goes on to construct what some might regard as quite a compelling circumstantial case against Bury which, after due consideration, I felt was contrived to lead me as a reader to conclude that there are just too many coincidences for Bury to be other than the infamous Jack. I spoil nothing in stating that there is no reasonable doubt in my mind that Bury did murder his hapless, long-suffering wife Ellen, for which crime he was executed on 24th April 1889. That no further murders of the modus operandi of Jack the Ripper took place after Bury's execution does not aver to him having been Jack. For all it is an axiomatically well researched and presented book, essentially I found the case against Bury to be exiguous and I for one would not have found him guilty of the murders attributed to Jack the Ripper on the basis of Beadle's evidence. I do not necessarily seek to deter but this is not a book that appeals to me as I regard it as somewhat exploitative; I refer you to the concluding sentence of paragraph two and what Beadle wrote. The style is typical of the genre; read any biography of such as Ted Bundy, Peter Sutcliffe, Fred West, etc. I have already complimented how well researched and presented the book is – William Beadle is not Chairman of The WhItechapel Society 1888 for nothing.

* Jack the Ripper Unmasked by William Beadle is published (hardback) by John Blake Publishing Ltd. price £17.99. ISBN: 978-1-84454-688-6 * Gerard McGrath BA Hons is currently resident at HMP Haverigg.

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You're fired!' No, this isn't coming from Sir Alan Sugar, famous for his catchphrase from the BBC TV series The Apprentice - it is my statement to the author, Charlie Burden, or any other biographer for that matter! I have come to the conclusion that biographies are merely plagiarism in the simplest form, and quite frankly apart from the exact quotes from Sugar himself we have here yet another book that I consider very run of the mill. How can a book be written about someone they do not personally know, yet feel they have the right to talk about …because do any of us really know what goes on behind closed doors? If you feel you would like to write a biography, which I consider a fairly simple exercise, I will endeavour to explain in the next few lines. Here goes... First of all, get any book that has been written previously on your chosen subject; in this case the bibliography states two, 'Sugar, Alan, The Apprentice – How to get Hired, not Fired' (maybe one that I will read at a later date!), and 'Thomas, David, Alan Sugar – The Amstrad Story.' Read these and take notes …get your laptop and write away …simple! Please don't get me wrong, I am not being belligerent about this, merely stating a fact, which is that if you can write and have a good publisher behind you (that's the difficult part) then surely we could all be finding ourselves involved in the literary world... The fact that I haven't read a book about Alan Sugar previously, and I am an avid viewer of the very successful television programme The Apprentice, l did enjoy what was true in this book, but read between the lines of the chapters to find these, which are few and far between. Alan Sugar came from very humble conditions, having been brought up a good Jewish boy in

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the East End of London. He left school at the age of sixteen and went on to have three jobs in close succession in the first nine months. This was to cause an uproar in the Sugar household as his father had been in the same job for twenty three years earning the modest sum of sixteen pounds a week. Within five years the young Alan had set up the globally known multi-million pound empire simply known as 'Amstrad' and has never once looked back. I think it was the snippets of information throughout this book that I found the most interesting, for example how Alan came up with the name Amstrad. He took his initials `AMS' and welded them to the first syllable of 'trading!' There are so many quotes I loved, I could fill these pages with them, but will share a few with you now... 'Is there a Sugar brand?’ Sir Alan was once asked. 'Yes, Tate & Lyle' was his impatient reply. And for his time with Tottenham Hotspur he was famously quoted as saying ‘They don't know what honesty or loyalty is. They're the biggest scum that walks on this planet, and if they weren't footballers most of them would be in prison, it's as simple as that.' He has never been a man to hold back in what he says! What left a 'mark' was when Alan Sugar said: ‘Put your loved ones, not your profit margin first... ' Don’t be put off reading this book, because there is so much that will make you laugh but what I would like to finish off by saying is, 'Sir Alan, You're Hired!' This is my plea to you to write your own autobiography, so I don't have to be belligerent about any more biographies that just happen to grace the bookshelves!

* Sir Alan Sugar - the Biography by Charlie Burden (hardback) is published by John Blake Publishing and available in all good bookshops price £8.99 ISBN 978-184454-702-9 * Jane Andrews is currently resident at HMP Send

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47

Reviews

Insidetime June 2009 www.insidetime.org

The website will be continually reviewed and updated, and the printed version launched later this year. Copies will be provided free of charge to all UK prison libraries.

God comes to Lewes

Any organisation providing a service for prisoners and/or their families can have their details included free of charge on the website and in the guidebook. They should contact Paul Sullivan at Inside Time on his direct line (0844 335 6486) or email [email protected]

Poetry from people in prison

insidepoetry

Insidepoetry insideinformation A scene from ‘The Passion’ as God enters Lewes Prison on Good Friday. A group of around 20 actors performed to 60 inmates. The events that lead up to the trial of Jesus and crucifixion were dramatised in the prison chapel. One of the Prison’s Chaplains, Reverend Glen Hocken, played the role of Luke the Narrator, which brought immediacy to the production and drew the audience directly into the action! This is the third year that actors have voluntarily taken part, bringing the Easter story to those that want to hear it; the vision of Peter Hutley, who puts on the full-length five-hour ‘Life of Christ’ every year in June in the grounds of his home in Surrey to audiences in their thousands. His aim is to ‘spread the word’ and share Christ’s message. The play’s director, Ashley Herman, a West End Producer and Director, commented that playing to the prison audience was: “In its way, an enormous privilege. Performing The Passion in a prison environment has a massive dramatic impact, not only on the audience but also the cast. Any physical limitations imposed on performing in a prison actually serve to enhance the imaginative and powerful nature of the piece”. It is Peter Hutley’s wish to perform at more prisons next year. If you are interested in a visit please contact 01483 892167 during office hours.

Pallant House Gallery launches Outsider Art Competition OUTSIDE IN is a groundbreaking project which was set up by Pallant House Gallery to invite debate on the often overlooked subject of outsider art by providing a platform for artists who are marginalised due to health, disability or because their work does not fit a prescribed norm. The main vehicle for the venture is a biennial open art competition, which this year will be held across the whole of the South of England. Culminating in a three month exhibition at Pallant House Gallery (4 August to 8 November 2009), the competition also offers a series of awards and an opportunity to have a residency or solo exhibition at Pallant House Gallery. Send your submissions to: Pallant House Gallery, 9 North Pallant, Chichester, West Sussex PO19 1TJ. Tel: 01243 774557 (submission deadline 19th June, 2009)

Can you read this? Toe by Toe enables learners to learn to read from the beginning with one to one support. 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.

The new extension to the Inside Time website went ‘live’ on 1st June. The project team would like to say a big ‘THANK YOU’ to all the staff at 160 establishments who were kind enough to fill out questionnaires and respond to telephone enquiries; many of whom took that little extra effort to ensure we could provide as much complete and comprehensive information as possible. Those staff ranged from officers to visits volunteers; to governors and their secretaries; all of whom are very busy, yet spared us some precious time to help get this service up and running. We are also very grateful for the help and cooperation from Prison Service Headquarters and permission to use some of the basic information and images. The result is that at last, vital help, information and advice will be available from one source, thus enabling prisoners and their loved ones to get the help they need and to fully understand the system throughout the progression to freedom.

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It is a positive and highly rewarding way to spend your time in prison.

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Andrew Motion, poet laureate 1999–2009, has written the preface and there are quotes from Michael Palin, Boris Johnson and Noel ‘Razor’ Smith. It was Razor’s poem ‘Old Lags’ (that we published in March 1994) which was effectively the beginning of ‘Inside Poetry’. Razor is of course himself now an accomplished writer and has a career ahead of him on his release. The poetry section within the newspaper was an instant hit and has grown in popularity; leading to several poetry supplements and now the book. We hope that the book will be equally as successful and there will be more to come in the future. The Inside Poetry book, which will be launched in a west London bookshop, will be provided free of charge to all UK prison libraries and available via Inside Time on a ‘not for profit’ basis. It will also be available online and from high street outlets; giving the many writers who contributed the recognition they deserve. Anyone wishing to purchase a copy of the book will find full details in the July issue.

Get out of o jail and into into a job As a leading leading UK media company, com mpany, we’ll we’ll off offer er yyou ou cutting edge int internet ernet mar marketing keting and busines businesss training tr aining whilst whilst empl employed oyed w with ith us in prison, that ccould ould lead lead to to well well paid ccareer aree er opportunities aft er after rrelease. elease. F rom our media ccentre entre in H MP W olds yyou’ll ou’ll ttake ake From HMP Wolds rresponsibility esponsibility for for ccommunicating ommun nicating with clients e very day and managing the eir int ernet busines s. every their internet business.

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2nd July is the launch date for Volume 1 of ‘Inside Poetry’. This is a collection of poems that includes all those published in Inside Time during the past eighteen months, plus a few that haven’t appeared before.

What are are yyou ou waiting ffor... orr.... ap apply! pply! Ov Over er 10 inmat inmates es no ww ork ffor or ffollowing olllowing rrelease. elease. now work T To o apply apply yyou ou need: Cat C (W (Wolds), olds), At lleast east 18 months lleft eft tto o serv e bef ore Cat D, Good lit eracy and serve before literacy numer acy, Basic ccomputer omputer skil ls, Cl ean MD T, T otal numeracy, skills, Clean MDT, Total ccommitment. ommitment. www.summit.c o.uk www.summit.co.uk

Requestt an Reques a application application pack: Charlotte Br Charlotte Broughton-May, oughton n-May, Summit Media Ltd, HMP W olds, Br ough, Eas orkshire, HU15 2JZ Wolds, Brough, Eastt Y Yorkshire,

48

Insidetime June 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 ...

7. You can give somebody the opportunity to do something but you can't force them to do it if they don't want to.  Clue: Horse

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

8. If you allow some people a small amount of freedom or power they will see you as weak and try to take a lot more.  Clue: Inch

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

9. You shouldn't form an opinion about something from their appearance only.  Clue: Judge

................................................... 1. Make good use of opportunities while they last.  Clue: Hay

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

2. Two people can achieve more than one person working alone.  Clue: Head

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

3. If you delay in doing something you may lose a good opportunity.  Clue: Hesitate

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

4. Home is where the people you love are.  Clue: Home

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

5. Even criminals have standards of behaviour that they respect.  Clue: Honour

................................................... 6. People never stop hoping.  Clue: Hope

10. Destroy something that would make you rich or successful.  Clue: Kill

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

11. Think about the possible results or dangers of something before doing it.  Clue: Leap

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

12. You must not give up hope because there is always a chance that it will improve.  Clue: Life

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

13. Someone who is stupid, not thinking clearly or not paying attention.  Clue: Light

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

14. An unpleasant event is not likely to happen in the same place or to the same people twice. Clue: Lightning

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

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TWENTY QUESTIONS TO TEST YOUR GENERAL KNOWLEDGE 1. Who was the eldest son of Indira Gandhi and

11. Which place near Marble Arch in London

her successor as Indian prime minister in 1984?

was the site of public hangings until the eighteenth century?

2. In 1960, which dance-craze was kicked off by

a Chubby Checker hit record of the same name?

12. In British place names, to what does the

3. In the title of a 1915 novel by John Buchan,

13. What colour is the centre scoring zone of

IQ

14. Which sauce is traditionally served in

twentieth-century English author?

England with roast lamb?

5. Who is the youngest daughter of the Duke

15. What does the ‘L’ stand for in the abbrevi-

which bird?

7. In 1958, which Welsh singer had her first UK

What letter is missing from the last star?

an archery target?

4. Eric Arthur Blair is the real name of which

6. Peachick is the name given to the young of

1.

Challenge

Latin word ‘regis’ refer?

?

how many steps are there?

of York?

49

Jailbreak

Insidetime June 2009 www.insidetime.org

2. Which number completes the sequence?

4. What number is missing?

ation RNLI?

3. Which letter completes the puzzle?

16. Of which country was Jean Chrétien prime

minister from 1993 to 2003?

17. Buck is the adult male of which animal that is more often known as a ‘billy’?

number one hit with the single ‘As I love You’?

8. In the 1940s, Aneurin Bevan presided over

the creation of which national institution?

9. In Italian cuisine, what type of foodstuff is

‘tagliatelle’? 10. Which Japanese word is used for a high

sea wave capable of inflicting great damage?

18. What was the name of the black cartoon cat created and animated by Otto Messmer in 1919?

5.

Which pattern completes the line

19. Which famously witty playwright and poet

once said,’ Life imitates art far more than art imitates life’?

20. In 2006, Lisa Butcher and Mica Paris became the new presenters of which BBC TV makeover show?

ANSWERS CAN BE FOUND ON THE BACK PAGE

6.

Which of the lower 6 patterns completes the puzzle?

7. Which number completes the puzzle?

It's a Con

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Insidetime June 2009 www.insidetime.org

Jailbreak Gema Music Quiz

Identify the following pop groups or artists from these anagrams and picture clues:

CAPTION COMPETITION If I hadn’t taken work for Terry’s Chocolate Oranges so seriously I could have asked Helen for a part in Calendar Girls

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

LAST MONTH’S WINNERS

Suppliers of Music CD’s & Computer Games, both new & pre-owned.

1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12.

N R AU D R U NA D ILENOCEINRHI W D H I N WA K EHNULMUGAEA R T S O E R A FA F S E R MANROBESJW T I D E S AT R I S R NOKAINREGC KILLMIDOFEDE ONORCESANLOCECEU AHSIARK LEHRDPICOTPSREILEPH

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

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!!

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

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What was formerly the Palace Theatre? When did Jamie need his carpets cleaned? How many MPs have been arrested in the past year for drink driving? What is ‘police speak’ for ‘false and malicious’? Only IMB members have access to their post-box and everything is supposed to be what? Who might be forced to ‘spill the beans’? According to ‘Whatt’on Earth’ magazine, what does DHL stand for?

>> 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.

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

Dawn French (left) and Jennifer Saunders (right) receive the Academy Fellowship award from presenter Dame Helen Mirren

Samantha Ainley - HMP Peterborough John Hills - HMP Maidstone June Chase - HMP Morton Hall

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.

EP D

THE BAFTAS 2009

Gema, sponsors of Jailbreak,

Answers to last month’s quiz: 1. Robbie Williams 2. Vanilla Fudge 3. Three Degrees 4. Fun Loving Criminals 5. Jamiroquai 6. Robert Palmer 7. Joy Division 8. Beautiful South 9. New York Dolls 10. Fleetwood Mac 11. Jennifer Lopez 12. Enrique Iglesias

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

Combination of entries from: Wayne Reed HMP Long Lartin Robert Bradley HMP Wealstun Well done, £25 prize for each is in the post

‡ Murder/Attempted Murder ‡ Rape/Serious Sexual Assault ‡ Serious Fraud ‡ Drugs Importation & All Drugs Offences ‡ Blackmail ‡ False Imprisonment ‡ Armed Robbery

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.

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?

8. There are now 153 specified offences you can get what for? 9. With what is Africa now awash? 10. By the 2020s, who may well become the largest single class of offender within the prison estate? 11. Who has decided his budgie isn’t a psychopath? 12. Who said: ‘put your loved ones, not your profit margin first’? 13. Who has developed a list of 14 insurers? 14. Where have 75% of vulnerable prisoners reported feeling unsafe? 15. The word ‘solstice’ comes from two Latin words, ‘sol’ and ‘stice’ meaning what?

Answers to Last Month’s Inside Knowledge Prize Quiz 1. Dee Butler, 2. Thai , 3. Simon Paley, 4. Arnold Schwarzenegger, 5. Jason Brown, 6. The Pope, 7. 42, 8. Mercury, 9. An exciting new extension to www.insidetime.org, 10. A piece of wood, 11. Sinn Fein MPs, 12. 8,500, 13. Funding for prison law work, 14. Significant long term (a year or more) impairment, 15. Ben Gunn Our three £25 Prize winners are: Ruth Ryan - HMP Bronzefield, Darren Stewart - HMP Long Lartin, Ruqssana Begum - HMP Downview Plus our £5 Consolation prizes go to: Caroline Barnett - HMP Low Newton, Tony Callaghan - HMP Peterhead

LAST MONTH’S WINNERS

Make sure your name, number and prison is on all sheets. Post your entry to: Inside Time PO BOX 251,Hedge End, Hampshire SO30 4XJ. You can use one envelope to enter more than one competition just mark it ‘jailbreak’. A 1st or 2nd class stamp is required on your envelope.

CLOSING DATE FOR ALL IS 23/06/2009

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PROTECTING YOUR RIGHTS

Dedicated Prison Law department with experienced solicitors able to assist in the following areas:

• Disciplinary Hearings/Adjudications Parole Board Hearings Home Detention Curfew (HDC) Release on Licence Recall Recategorisation Prisoners Rights and Complaints Judicial Review For more details contact

Avril Stone

BSB Solicitors 5 -7 Euston Road London NW1 2SA

0207 837 3456

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

Jailbreak

Insidetime June 2009 www.insidetime.org

“QUOTES”

Comedy Corner Send in your jokes, you will receive £5 for every one we print!  A couple of tourists travelling in

 A police officer watched as a car

Wales stopped for lunch in the town of Llanfairpwllgwyngyllgog-erychwyrndrobwllllantysiliogogogoch. One of them turned to a waitress clearing the next table and asked “How on earth do you pronounce the name of this place?” “It’s Burrr gerrrr kinnnng luvvy” the girl replied! Norman Saunders - HMP ALBANY ...........................................................  A man went into a card shop and asked the assistant if they sold bereavement cards. “Yes” said the assistant. “Then could I exchange this ‘get well soon’ card I bought yesterday?” Norman Saunders - HMP ALBANY ............................................................  SHAG - FUNNY WORD THAT To a smoker it’s tobacco To an American it’s a dance To an ornithologist it’s a bird To me it’s just a remote possibility Mr Kneale - HMP PRESTON ............................................................  What has one hundred legs and only three teeth? The methadone queue! J Lehane - HMP HIGHDOWN .............................................................  George says to his mate Harry, “When I came out of hospital and was at home in bed recovering last month I realised just how much my wife loved me”. “How come? “ asked Harry. “Well every time the postman, milkman, plumber or dustman came to the door she ran out shouting “my husband’s home, my husband’s home – she was obviously so excited”. Shaun McLaughlin - HMP LEEDS

was driven round a roundabout six times before exiting. With blue lights flashing he chased the car and made the driver pull over to take a breathalyser test. When it was negative he said “you’re obviously sober sir, but can you give me a good reason why you went round that roundabout six times?” “My indicator was stuck officer!” Colin Beresford - HMP STOCKEN ...........................................................  COURT SCENE JUDGE: What exactly were you doing when you were arrested? DEFENDANT: I was waiting your Honour. JUDGE: What were you waiting for? DEFENDANT: Waiting for money JUDGE: Who was going to give you money? DEFENDANT: The person I was waiting for. JUDGE: Why was this person going to give you money. DEFENDANT: For waiting your Honour JUDGE (Getting angry): Why would anyone pay you just for waiting? DEFFENDANT: I work as a waiter your Honour! A M Moobeng - HMP EXETER

CRIMINAL & PRISON LAW EXPERTS 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

“

(A) A great pair of knickers should be taken off with more joy than they were put on

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(B) Growing old is great. It’s like getting drunk – everyone around gets better looking

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(C) I love it when I get whistled at by builders. If they don’t, I’ll walk past again until they do

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(D) I am a marvellous housekeeper. Every time I leave a man, I keep his house

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(E) Young people have to learn that when an adult makes a decision they have to listen. The adult doesn’t have to ‘earn the respect’ of the young person

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“Be nice to nerds. Chances are you’ll end up working for one” (G) Tourism is just national prostitution. We don’t need any “ more tourists. They ruin cities ” (H) Tony Blair has to realise that the Catholic Church is not “ going to change to suit Tony Blair ” (I) The Government’s most common way of data sharing is “ leaving 25 million of our records in a car park while they slip in for a pint ” (J) “History is the race between education and catastrophe” (F)

1. Su Pollard

2. Bill Gates

3. Billy Connolly

4. Elle Macpherson

Do you have any jokes (printable) that you would like to share with our readers? If so, send them in to: Inside Time (Jokes) PO Box 251 Hedge End Hampshire SO30 4XJ. 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.

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

51

6. Simon Carr 7. Prince Philip 8. Zsa Zsa Gabor

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. H.G. Wells

5. Ann Widdecombe

10. Chris Grayling, Shadow Home Secretary

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Insidetime June 2009 www.insidetime.org

Jailbreak

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General Knowledge Crossword

Across

Down

Check forward, backward and diagonally, they are all there! £5 is on its way to Angela Jones - HMP STYAL for compiling this wordsearch for us - many thanks. 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 GOLDEN OLDIES ADAM AND THE ANTS - ABBA - ANNIE LENNOX - PHIL COLLINS - ABC BOB GELDOF - QUEEN - BRIAN FERRY - DURRAN DURRAN - SLADE PINK FLOYD - LED ZEPPLIN - SIMPLY RED - ELTON JOHN - THE JAM THE SMITHS - WHAM - MADNESS - CHRIS ISAAC - ELVIS - CHER THE BEATLES - BOY GEORGE - BOB DYLAN - THE BEACH BOYS - PET SHOP BOYS

 Answers to the crossword and sudoku below  > NEXT ISSUE Week commencing 29th June 2009

Don’tt Rot On Re Don ecall! ecall! Specialists in Serious Crime with a track record of success in: Murder - Attempted Murder- Robbery - Armed Robbery Commercial Burglary - Blackmail Drug Importation & all Drugs Offences All serious offences Offices in London and Manchester, clients accepted in all prisons throughout England and Wales. Our Prison Law department welcomes clients for: Ajudications, Parole / Recall and Lifer Issues. ‘ We d o t h e w o r k t o g e t t h e r e s uy l ts ’ y ɭ We speak: Po-Polsku, ýesky, Slovensky, ɉo-Ɋɭɫɫɤɢ, Guajarati, Urdu, Hindi, Español, Français

87 Chorley Road Swinton Manchester M27 4AA 0161 794 0088

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. (G), 2. (9), 3. (W), 4. (28), 5. (A), 6. (F), 7. (81)

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.

0161 237 5755

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)4, (B)3, (C)1, (D)8, (E)10, (F)2, (G)7, (H)5, (I)6, (J)9

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. Rajiv Gandhi 2. Twist 3. Thirty-nine 4. George Orwell 5. Princess Eugenie of York 6. Peacock 7. Shirley Bassey

8. National Health Service 9. Pasta 10. Tsunami 11. Tybum 12. King 13. Gold

14. Mint sauce 15. Lifeboat 16. Canada 17. Goat 18. Felix 19. Oscar Wilde 20. What Not To Wear