❝
Inside Time shines a fair and honest light on an area of society that is so often ignored or at best misrepresented in other forms of the media. It provides a forum for incarcerated people to express their views and to digest the views of others. ❞
insidetime the National Newspaper for Prisoners
Andy Thackwray - HMP Hull Circulation 40,000 (monthly) / ISSN 1743-7342 / www.insidetime.org / Issue No. 100 / October 2007
More quotes page 33
10 0 ISS th 199 UE 0-
17 years on: 200 7
Prison policy still fails the nation Inside Time was first published in December 1990, the year of the Strangeways riots. Our aim has been to give a voice to the prisoner and be a bridge between those in prison and those outside. Over the years we have monitored prison policy and this special centenary issue puts the spotlight on what has changed in those 17 years. By Eric McGraw
> insidetime 100th issue
Some things have got better for prisoners: ● More visits and more money for assisted visits
as well as phone cards introduced in all prisons; ● access to sanitation day and night and
slopping out eventually ended, as well as most prisoners allowed to wear some of their own clothes and have more than one shower and change of clothes a week; ● increased opportunities for education and the introduction of in-cell TV; ● grievance procedures improved with the setting-up of a Prisons Ombudsman and the Criminal Cases Review Commission.
But not everything has improved:
1st Issue December 1990 Reports on the evidence from prisoners to the Woolf Inquiry into the Strangeways riots in April 1990. The US based ‘TIME’ magazine demands a change of name for the newspaper
Despite a substantial prison building programme at the time, prison overcrowding was as big an issue in 1990 as it is in 2007. One prisoner wrote in the first issue of Inside Time: ‘Strangeways was built for 977 prisoners. It housed 1,646 at the time of the riots.’ Another prisoner added: ‘The Government’s prison building programme has not alleviated the problem at all. It only increased the population further.’
Overcrowding continues to corrupt the system. It leads to impoverished prison regimes and men and women who, more often than not, leave custody without adequate preparation for release. Today almost seven out of ten people re-offend again within two years of their release from prison at a cost of £11 billion a year. This appalling statistic stands as an indictment of Government policy, which fails to restrict the use of imprisonment to cases where there is genuinely no alternative.
What’s changed? page 10
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Mailbag
insidetime a voice for prisoners since 1990
If you would like to contribute to Mailbag, please send your letters to Mailbag’, Inside Time, PO Box 251, Hedge End, Hampshire SO30 4XJ.
Discriminatory policy
Chemical castration
Suitable address
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R GILBERT – HMP KINGSTON
Board of Directors
Can the Prison Service explain why individuals like myself, some ten years over tariff, have been unable to progress to category C conditions and are subject to what I consider to be a discriminatory policy? On what grounds are lifers selected and recommended for category C? How much longer must I be kept as a category B without being given an opportunity in less secure conditions?
Trevor Grove - Former Editor Sunday Telegraph, Journalist, Writer and serving Magistrate.
➜ The Prison Service writes:
the national newspaper for prisoners published by Inside Time Limited, a wholly owned subsidiary of New Bridge, a charity founded in 1956 to create links between the offender and the community. Registered Office: 27a Medway Street, London SW1P 2BD
Eric McGraw - Former Director of New Bridge (1986 - 2002) and started Inside Time in 1990. Tony Pearson CBE - Former Deputy Director General of the Prison Service. John D Roberts - Former Company Chairman and Managing Director employing ex-offenders. Alistair H.E.Smith B.Sc F.C.A. - Chartered Accountant, Trustee and Treasurer of the New Bridge Foundation. Chris Thomas - Chief Executive, New Bridge Foundation
The Editorial Team
Rachel Billington Novelist and Journalist
John Bowers Writer and former prisoner
Once considered suitable for conditions of lower security, a lifer will be transferred to a Category C prison. Lifers who are considered suitable for allocation to Category C conditions will broadly fall into two groups. These are lifers who need to complete a good deal of offending behaviour work, for example SOTP, and those lifers who are expected to progress to open conditions, where the emphasis will shift to resettlement planning once the bulk of their offending behaviour work has been completed. In order to prove their readiness for open conditions, lifers will need to demonstrate that their risk of reoffending or of escaping/ absconding has reduced to such an extent that they can reasonably be trusted in conditions of minimum security without placing members of the public at risk. If Mr Gilbert is unhappy with the decision not to recategorise him, he should use the internal complaints system to appeal. If he remains unhappy with the response he receives, he can ask the independent Prisons and Probation Ombudsman to look into his case. The Ombudsman has unfettered access to Prison Service staff and records and can take an impartial and objective view of Mr Gilbert’s treatment.
S Hossain – Briefing & Casework Unit
Eric McGraw Author and Managing Editor
John Roberts Operations Director and Company Secretary
Correspondence
Insidetime October 2007 www.insidetime.org
As a 64 year-old with no previous convictions who has just started a 4 year sentence for a ‘low risk’ sex offence against a person under 16, I was asked to go on the SOTP course, which I initially declined but have now agreed to, although I did say that I would be quite willing to be ‘chemically castrated’ but only if it meant some degree of sentence reduction. The reason I gave for agreeing to chemical castration was that after being married twice and having had various live-in girlfriends over the years, as well as having spent 30 years in the entertainment business, I felt I’d had more than my share of sex and it had no place in my life anymore. I even tell people I think I have had Cliff Richard’s share! However on a more serious note, during the past year I have been treated at the Royal Marsden for prostrate cancer and before having the 7 week, daily, radiation treatment I had to have hormone injections which completely killed any kind of sexual feelings or urges; so feel I am in the perfect position to know that chemical castration works. But whenever I have mentioned this to people involved in sex offender treatments they seem to back off and all I got was negative answers such as … ‘sex offenders who have agreed to be injected with the hormones become violent’. I would be most interested to hear readers’ views, especially if any inmate has been or is being treated in this way. Write to: Peter Price XD6869, HMP Manchester, Southall Street, Manchester M60 9AH.
NAME SUPPLIED HMP BUCKLEY HALL In June, I was informed that the address I had given to be released to on HDC was deemed ‘not suitable’. I informed probation that my plan remained to return to the same address given as HDC, as I own the property and this is where I live with my partner and two children. Probation informed me that I could be prevented from going back to the address and this could be set as part of my licence conditions on release. Can I be prevented from residing at a particular address when I come to be released on licence?
➜ The Prison Service writes: If an offender is released on licence, they are subject to conditions, which can include a requirement to reside at a particular address or one prohibiting them entering a certain property or area. In determining where an offender can reside, a number of factors are carefully balanced, the most significant of which will be the offender’s risk of harm. Other matters would include who is living at any proposed address; the history of their relationship with the offender (if any); whether residence at a proposed address might place others at risk (including victims, real and potential); and whether it would assist an offender to resettle successfully into the community. Once imposed, it is possible to amend licence conditions, depending upon such matters as the offender’s progress under licensed supervision and victims’ views. Given the nature of your correspondent’s offence, it has been assessed that it is not appropriate for him to return to live with his partner at the address given to his Offender Manager. It is also considered that a hostel placement, possibly within his area, would be more appropriate to enable the agencies involved to manage any risk he may present in the community. Finally, if offenders refuse to comply with the conditions of their licence, they will be liable to recall to custody.
Jane Daws - Pre-Release Section Inside Time, P.O.Box 251,
Hedge End, Hampshire SO30 4XJ. 01489 795945 01489 786495
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Insidetime October 2007 www.insidetime.org
✪ Star Letter
If you would like to contribute to Mailbag, please send your letters to Mailbag’, Inside Time, PO Box 251, Hedge End, Hampshire SO30 4XJ.
too small to rely on brawn, so my brain will
am mistaken, but we are supposed to be
have to suffice.
living in an environment where democracy, particularly in the rehabilitation process.
Congratulations to Saffron Hand who wins our £25 cash prize for this month’s Star Letter.
I have attempted not to allow the bullying, aggressive, hostile mentality to grind me as talks with senior officers and complaints
manner that I actually feel like inflicting physical harm upon another human being
in Belsen Concentration Camp, but it so
cuddles, I do expect to be treated with a
(prison officer), however fortunately I am
happens that it is 2007 and forgive me if I
degree of decorum and empathy.
Taped interviews
OASys assessments must be completed after an interview with the offender, using information gained from the interview, collateral information and other available documentation. The OASys will not be a verbatim record of what was said during an interview. Any response to questions in interview should be considered along with the assessor’s analysis and judgement based on all the evidence available at the time. The OASys should clearly outline the evidence the assessment is based upon.
On the primary issue of taping interviews which he has raised, there are currently no facilities in place for offenders to tape OASys interviews and no plans for this to happen in the future.
sentence quietly and with dignity … not so I’m afraid. Never before in my entire life have I been treated in such an inhumane
...................................................... HOWARD WOODIN - HMP NOTTINGHAM Since entering prison in March 2003, I have had numerous interviews with the authorities such as probation, prison staff, psychology and OASys assessors. All seem to put in reports containing almost the complete opposite of what I have actually said during those interviews. What are the rules regarding taping interviews attended by prisoners? Even on a yearly review board I attended, certain staff appeared to be somewhat sparing with the truth, yet later on denied this. Surely if such interviews were taped then there couldn’t possibly be any disputing what had actually been said?
the age-old stance that if there’s an oral altercation then the prisoner must be at fault. Al I want to do is complete my sentence
➜ The Prison Service writes: Whilst Mr Woodin’s letter outlines concern regarding previous interviews with psychologists, probation and other prison personnel, I am responding exclusively on aspects of OASys policy.
Custody death total 'too high' ................................................. page 10
without the added complications and stress that certain officers seem to thrive on giving, and my wish is that such individuals took a
Putting hepatitis C in the picture page 11
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step back and examined their intimidating attitude. Whilst I don’t expect kisses and
Month by month ............ page 16 Comment .................. pages 17-27
Laura Fairweather (Head of OASys) Offender Assessment & Management Unit
> insidetime 100th issue
Are you listening? ............ page 21
Inside health ............ page 28
Mr Woodin has the right to query any aspect of his assessment he does not agree with through the complaints procedure operating within his prison.
with Dr Jonathon
Legal ......................... pages 29-31 Book reviews .......... pages 32-33
HER MAJESTY’S PRISON SERVICE
Transparency is paramount and I feel prisoners should be able to have interviews taped by the authorities.
Newsround ............... pages 10-15
form of enlightenment of the behaviour of its foot soldiers; instead it appears to take
and assumed that I could now serve my
POA strike will speed up prison privatisation ......................... Page 8
conveniently seems to shy away from any Although there is a silent majority of fairly decent officers who do help prisoners, and understand that by giving respect you gain respect back, the system now appears to be riddled with an abusive minority who feel that as they wear a uniform, allegedly ‘earned’, they have automatically earned the right to talk to me and my peers with an attitude that is nothing less than derogatory. I could perhaps understand this mentality if it was during World War II and I was incarcerated
onment, I really thought the worst was over
Mailbag ........................ pages 2-9
procedure – to no avail. The system rather
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judged and sentenced to a term of impris-
Contents
down, and used all available channels such
Abusive minority
Having committed the crime, and been
3
diplomacy and respect play a major role,
of the Month .........................................................
SAFFRON HAND HMP PETERBOROUGH
Mailbag
Serves the public by detaining in custody those committed by the courts. Our duty is to look after them with humanity and to help them lead law abiding and useful lives in custody and after release.
Jailbreak .................. pages 34-35 Issue 2 April 1991
Poetry .............................. page 36
An illustration from Andrew Hornby, resident at Parkhurst, highlighting the degrading practice of slopping-out
RAPt have a new AFTERCARE department… Have you graduated from a RAPt programme in the past? If so, get in touch, so that we can stay in touch! touch Let us know where you are, what you are doing and how we can help. Please write to: FREEPOST RRLX-ALSB-HJLL, RAPt AFTERCARE TEAM, LONDON, SW8 1SY
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Mailbag
Twisted logic?
is a lot stronger than that of men who rob children of innocence and cause mental scars that never fade.
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He talks about my ‘twisted logic’. My logic twisted? His perspective of sex offenders being ‘unlucky, mistake makers, inadvertent or plain stupid’ would be laughable were it not so serious. These men are sick, twisted individuals, not unlucky. They deserve the contempt with which they are treated.
MATTHEW ROBSON - HMP DARTMOOR I write in reply to the contribution from Ed Annan featured in your September issue. His letter, in direct response to my contribution in your August issue regarding finding my five year-old son in the middle of a group of VP inmates who are normally segregated in the visits room, whilst no doubt pleasing to the minority of prisoners who may agree with him, is without substance. In fact I am so confident that I stand for the majority, I challenge Inside Time to conduct a poll to decide whether children should be seated on visits next to sex offenders. He claims … ‘I imply that sex offenders are segregated because they are so deviant and distorted they cannot reside with normal criminals’. I imply nothing of the sort. Sex offenders are separated because they are cowards. They prey on the vulnerable and don't hold the courage of their convictions. Without trying to play down the seriousness of my own offence, there is not a landing in any prison that I would be worried about stepping onto. Sex offenders take the easy ride even when paying the often-paltry price for their crimes. They are scared of the main prison population because of the crimes they have committed. There is a reason why my letter was greeted by nods of approval in most quarters. Prisoners and Officers alike acknowledge that the visit was out of order and we were right to leave it. Given the choice, I'll take the main prison mixing with what he describes as ‘mindless, moronic and vicious thugs' over what I consider to be the scum of the system any day, and I believe that our value for human life
The decision to leave the visit was an extremely difficult one, however I walked from the visit because we can't allow the prison service to insist that we either sit next to VPU's when we have children with us or go back to the wing. I for one will choose the wing every time.
.......................................................................... CHRISTOPHER MURPHY - HMP KENNET … I believe Mr Annan’s views are both pedantic and naïve, and totally agree with Matthew Robson for not wanting his young son to be in the company of sex offenders. Mr Annan mentions that sex offenders are just ‘unlucky, mistake-making people’ and they could in fact be anyone in the population. Is he being serious? Does forcing yourself onto a man, woman or completely helpless child constitute a mistake?
Facilitated return scheme
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I note the item in your September issue
NAME SUPPLIED HMP DARTMOOR
suppliers Aramark, and a request from Stuart Cody in HMP Manchester for Inside Time readers throughout the prison estate, male and female, to send him copies of canteen sheets so that prices might be compared.
Mr Annan, a mistake is filling in the crossword on someone else’s paper, dropping your mobile down the toilet or ringing the wrong number ... not sexually assaulting somebody. Can I suggest the only ‘mistake’ made is that they were not apprehended before their sexual urges got the better of them. Sex offenders make a choice, and it is they who must live with it, not us.
.......................................................................... Ed Annan wishes to know what I felt I was exposing my five year-old son to? I felt my son was being exposed to sick, evil, calculating men. There isn't a man in the room that would have done anything to him, but I believe prison is my punishment. Putting him in an area that is heavily populated (7 out of 10 apparently) with sex offenders meant I wasn't comfortable having these people around my son. Officers have told me how depositions are passed around VPU's as sexual material. It's not beyond the realms of possibility that someone on that visit may have found a five-year-old boy exciting.
Poor choice of goods regarding prices charged by prison canteen
Insidetime October 2007 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.
PAUL MARTIN - HMP MAIDSTONE … I note with considerable interest the contribution in your September issue from Ed Annan in Littlehey in which he takes a previous contributor to task for implying that sex offenders are segregated because they are so deviant and distorted they cannot reside with ‘normal’ criminals. Mr Annan goes on to point out that their segregation is in fact ‘to protect them from the mindless, moronic, vicious thugs whose value for human life and limb is far less evident than of those they claim to detest’. So my question for all those serving on main wings is: when is a VPU not a VPU? Vulnerable Prisoners Units do in fact contain the elderly; the infirm; people suffering mental health problems; youngsters recently removed from YOIs and not big enough to stand up for themselves; ex-policemen, judges and solicitors; those persecuted for their religious beliefs; people who were in debt on the main ... did I forget anyone in that list? Of course ... ‘sex offenders’ ... because according to those on the main we all are. Therefore the next time you feel morally obliged to scream abuse from your windows or spit at us in an aggressive manner, think about exactly who you are directing your anger towards.
> insidetime 100th issue
As a South African national, I am concerned that having applied for the Facilitated Return Scheme (FRS), and been accepted, I was subsequently informed that I am ineligible because I have to sign the sex offenders register once released from custody.
➜ The Prison Service writes: FRS was introduced in October 2006 to offer non-EEA foreign national prisoners the opportunity to volunteer to return to their home country rather than await removal by the Borders and Immigration Agency (BIA).
Here in Barlinnie, compared to other establishments north and south of the border, the choice of canteen goods is terrible, with all manner of feeble excuses offered which I find unacceptable. So I‘d like to collect canteen lists from other jails throughout the UK so that
Prisoners are able to apply for FRS if they have served their sentence and are solely waiting to be deported or are applying for the Early Removal Scheme. An element of financial assistance was offered as part of FRS. Unfortunately your correspondent was recommended by a member of staff to apply for FRS incorrectly. This is because those prisoners who are required to sign the sex offenders’ register are ineligible to be considered for ERS. I would like to apologise for this error and any inconvenience it may have caused your correspondent.
we could find out exactly what is available elsewhere; then query why such a choice of goods is not available here. Write to:
For further information about FRS, prisoners may wish to read a leaflet produced by the BIA entitled Facilitated Return Scheme (FRS), the voluntary return scheme for non-EEA foreign national prisoners. Copies should be available from establishment libraries.
Michael Thomas 91380, HMP Barlinnie, Lee Avenue, Glasgow G33 2QX.
Ross SR Samuel Solicitors Criminal Defence, Immigration and Prison Law Specialists • Appeals against conviction • Licence Parole & ROTL Issues • Mandatory Lifer & Tariff Settings • Recategorisation & categorisation reviews • Lifer Reviews • Request/Complaints • Recall to Custody • Ajudications • Judicial Review • Immigration Apeals
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Does it feel like you are forever on the ropes? - Categorisation - Licence & Parole issues - Lifer cases - Adjudications - Appeals / CCRC cases - Judicial Review - Recalls
For Immediate Visit, Clear Advice and Effective Representationwrite or call: Pedro or Deborah at:
For sound advice and help with any prison law issue contact:
Samuel Ross Solicitors 253 Camberwell New Road London SE5 0TH
Stephen Fidler & Co Solicitors Thavies Inn House 3 - 4 Holborn Circus London EC1N 2HB Tel: 0207 353 8999
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CRIMINAL DEFENCE and all aspects of
PRISON LAW Nationwide Service For a prompt friendly response Contact Judy Ramjeet at: JULIAN YOUNG & CO 57 Duke Street Mayfair London W1K 5NR
0 2 0 7 4 9 3 2 2 11
Issue 3 August 1991 A poster lampooning Home Secretary Kenneth Baker for missing the opportunity to scrap the Mandatory Life Sentence for murder - a measure supported by a majority in the House of Lords
Atticus Solicitors Specialising in Criminal Defence & Prison Law Offering a Nationwide Service
· · · · · ·
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Contact Rob Holt, Andrew Bennett or Iain Haley Leeds House, 79a High Street, Newcastle-u-Lyme, Staffordshire ST5 1PS
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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.
> insidetime 100th issue
Mailbag
5
Spiritualism ...................................................... Whilst most prisons offer different faith practices, not all offer spiritualism as a practiced faith. Indeed upon entering Blakenhurst, and being a true spiritualist, I visited the chaplaincy regarding my religion only to be informed that spiritualism was not and would not be catered for during either my remand or sentenced time here. Therefore if any spiritualists require guidance or support, or simply someone to share views with, write to me: Craig Shell XB8517, HMP Blakenhurst, Hewell Lane, Redditch, Worcs. B97 6QS.
Courses that worked
Consider group therapy
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I am a Youth Offending Case Manager working with young people who are involved in the Youth Justice System. My caseload is young people pre, post and during custody, mainly males, but occasionally females and all under the age of 19.
STEVE ROBINSON - HMP GRENDON
I would really appreciate information about any offending behaviour courses Inside Time readers feel may have worked or helped them. Courses that were good and even courses that were not very good, that I should maybe consider steering the young people away from.
Issue 7 June 1992 Features a poem by a prisoner in Holloway and an article on sexual abuse based on the lives of five survivors of incest and abuse who were at the time residents at Grendon.
Tarred with the pyromaniac brush ...................................................... JOSEPH BOSOMWORTH - HMP COLDINGLEY I am utterly sick to death of the way I am treated because I am in prison for the crime of arson. I know this particular offence carries a lot of stigma, and understandably so … fire, in its very essence, instils deep fear into people due to its indiscriminate nature, however my problem is with the criminal justice system and how it deals with arsonists. We are treated as the ‘lowest of the low’, as if we are going to burn anything down at the first opportunity, and this really gets to me, especially when you witness other offenders progress through the system regardless of the nature of their crime. The authorities are unwilling to look at the individual circumstances surrounding our cases, tarring us all with the ‘pyromaniac’ brush. Also there is a degree of hypocrisy, as they are perfectly willing to put us in double cells, or work in the kitchens or stores (as I have over the past 14 months), however they refuse to accept me at most D category establishments (the only one that will is over 200 miles away) and such as the excellent Relaunch Project (featured in the July issue of Inside Time) don’t want to know for obvious reasons. And just when we think it can’t get much worse there’s the prospect of release and extra stringent licence conditions, no council or landlord willing to provide us with accommodation and no employer willing to give us a chance. I didn’t hurt or kill anyone, so does the punishment really fit the crime?
SOMERS & BLAKE -SOLICITORS49B Boston Road Hanwell London W7 3SH About to start your Parole process and in need of some help? Just had a knockback? Been recalled to Prison? About to appear before an independant adjudicator and facing added days? Have you just failed to get the catagory you wanted?
IF ANY OF THE ABOVE APPLY TO YOU - YOU MUST ACT NOW! We can visit you, advise you and provide the representation you need. We are the experts in these fields of Prison law and have successfully helped many inmates. Don’t delay - contact us today Emma Dolan or Gerry Blake 0208 567 7025
I am hoping to develop a course for young people that will focus on violence. I don’t want to 'reinvent the wheel' but I am really serious about finding something that will, hopefully, help young people I work with reduce their violent behaviour/offending and maybe give them some insight into where their violence could take them in a long-term sense! I would also be interested in any particular course that anyone feels was really ‘exceptional’, whether it’s related to violence or not. Replies please to: Denise Sully, 4-6 Moorgate Road, Rotherham, South Yorkshire S60 2EN.
Earlier this year, Inside Time published the views of Daniel Chadwick in HMP Usk whereby he claimed that it is questionable whether group therapy has any positive effect on participants, given that many do so for the sake of gaining parole, or because it has been made a condition of their licence or probation order. In other words, they are not attending for the right reasons. I strongly dispute his claims and would assert that group therapy can and does work, and the proof is here at Grendon where we have trained therapists alongside uniformed staff sitting on groups consisting of at least eight residents and where all ones’ so-called defence mechanisms are gently taken apart both by fellow residents and therapists. The trust and care you get from being in a group, and the support of the group throughout your stay, goes a lot further in my view than any one-to-one you will ever receive. Perhaps more inmates should consider trying Grendon in order to see for themselves that group therapy really does work.
6
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.
‘Provisions in existence’ Normality abandoned
> insidetime 100th issue
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DYLANIE WILDE-WALKER GATESHEAD
ADRIAN BURKE – HMP WAKEFIELD
There were a couple of letters in the September issue of Inside Time that open up some interesting areas worthy of wider consideration. Firstly, Michael Wyatt comments that prisons are not following Prison Rules when it comes to the IMB. The problem here is based in case law, the details of which I came across in the Prisons Handbook. Apparently a prisoner sought to enforce the application of Prison Rules by the Prison Service through the courts and was knocked back by the late and, as far as I am concerned, unlamented Lord Denning, whose judicial wisdom decided that prisons did not have to comply with the rules if it suited them. The practice I came across whilst resident in HMP New Hall's Segregation Unit was that prisons could equally vary mandatory and non-variable PSO's if it suited them too. Little wonder then that the IMB has its problems, although perhaps Michael Wyatt was being somewhat harsh in considering them to be ‘institutionalised into ineffectiveness’.
Issue 8 August 1992 Features a spoof advertisement for the recruitment of much needed prison officers
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. To avoid any possible misunderstanding, if you have a query and for whatever reason do not wish your letter to be published, or yourself to be identified, please make this clear. We advise that wherever possible, when sending original documents such as legal papers, you send photocopies as we are unable to accept liability if they are lost. We may need to forward your letter and /or documents to Prison Service HQ or another appropriate body for comment or advice, therefore only send information you are willing to have forwarded on your behalf.
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Insidetime October 2007 www.insidetime.org
The second correspondent, Tom Clark, who advocates the introduction of voluntary euthanasia for lifers, might be interested in a request I made for information whilst resident in New Hall. I was curious to know what the Prison Service would do with its' residents in the event of a complete social breakdown. It seemed to me that they'd be given two choices - to let the inmates go free or to do us all in - given that, under such circumstances, prison officers would put their families first. I was told that there were ‘provisions in existence’ for such circumstances but I wasn't allowed to know what they were. If those provisions are lethal to prison inmates, it might be a useful argument to underpin a right to die.
R. C. HALL SOLICITORS SPECIALISTS IN CRIMINAL DEFENCE AND PRISON LAW
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Like countless thousands of people throughout the country, and by now probably the world, I am deeply aware of the horrific death of young Rhys Jones in Liverpool; an 11 yearold soccer-crazy lad with his whole life ahead of him. My heart truly goes out to his parents, who have been handed a life sentence of suffering for this cruel, mindless act. Can there be any worse suffering than having to bury ones’ own child? I am 61 years old and serving a life sentence for causing the death of my best friend nine years ago. In all those years, I don’t recall a single time when I haven’t shed tears for bringing such pain, sorrow, sadness and grief to the family of my friend. They, like the parents and family of Rhys Jones, have a sentence full of sadness; especially when Christmas and birthdays come around. The killing in Liverpool had me sobbing as I too am a father with three sons and a daughter, and many grandchildren, and I know exactly how I would feel if I lost any of them in such a situation. Over the decades I have witnessed many changes, with our younger generation turning more and more to extreme violence. So what makes a youngster perpetrate such crimes? Where do we turn for solutions? The home and parenting? The government? Yet year in and year out they don’t have answers, just flimsy restrictions that are merely a slap across the wrist to the attitudes that exist in the minds of such wayward youngsters. Here in Wakefield we have 21 year-olds serving life sentences for murder, with very long tariffs… normality abandoned. Why?
Insidetime October 2007 www.insidetime.org
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.
Appropriate level of care
The only advice I can give to prisoners who both need and want to address their drinking issues (because no one else can help you but yourselves) is to first ask a CARAT worker to try and get the help you want or, as a last resort, do as I did and write to Alcoholics Anonymous seeking help.
...................................................... JOHN ALLEN - HMP GARTREE I seek clarification relating to when I am re-categorised from B to C, as there does not appear to be a category C establishment with the appropriate level of healthcare I require, i.e. 24-hour access to healthcare services.
And for drug addiction don't forget there is Narcotics Anonymous which, although I personally do not need it, will be my next challenge to get up and running once I've seen the AA meetings back where I feel they belong - helping the alcoholic, like myself, in our prisons.
➜ The Prison Service writes:
Mr Allen is concerned that in the event he is recategorised from B to C he will remain in Gartree, which is a category B prison, due to his healthcare needs. Prisoners are categorised objectively according to the likelihood that they will seek to escape and the risk that they would pose should they do so. Factors such as ability to mix with other prisoners, educational, training or medical needs, and the availability of vacancies at suitable establishments, must not be taken into account during the categorisation process. They are for consideration during allocation, which may immediately follow, but will be distinct from security categorisation. Those prisoners who achieve category C status at Gartree are transferred to suitable category C establishments as soon as spaces allow. In the case of prisoners who have medical needs, the healthcare team is consulted prior to any transfer taking place. I would advise Mr Allen that contacting staff at a local level would be his best option initially, in order to gain information specific about him.
7
Drinking issues ...................................................... JONATHAN GRAY – HMP GARTREE
➜ Inside Time writes:
Having noted the Alcohol Concern item in your September issue, what amazes me is not the fact that Alcohol Concern research found 46% of prisoners believe that drink was a factor in their offending but that the prisons, therefore the government, do not have courses that address alcohol related crimes.
Alcoholics Anonymous, Head Office, PO Box 1, Stonebow House, York YO1 7NJ. Narcotics Anonymous, 202 City Road, London EC1V 2 PH.
> insidetime 100th issue
Richard Martin - Briefing & Casework Unit
Rights are denied - lies are protested ...................................................... GARY GRAEME JONES – BANG KWANG PRISON, THAILAND Soon after reading Inside Time here in the ‘Bangkok Hilton’ a debate started, a couple of years ago, concerning the right of those maintaining innocence to be considered for and granted parole despite refusing to participate in certain mandatory offending behaviour courses. In my view, there’s no doubt that taking such courses is tantamount to an admission of guilt and if you truly believe in your innocence they must be avoided like the proverbial plague. What struck me as rather sinister is the Home Office slipping in the label ‘deniers’ to categorise those ‘refusers’. In fact I wrote to Inside Time some while back with an alternative suggestion and to illustrate my point used the case of ‘Anarchist Alice’, who protested against the forced sexual advances of an attacker with a shotgun and received a life sentence for ‘denying’ the monster his masculine prerogative. I don’t know if the prosecution stressed that Alice ‘denied’ him intercourse - as sure as anything they wouldn’t have used the word ‘protested’. Between these two words is a bottomless pit ... both mean ’reject’, but ‘deny’ means rejecting the truth whereas ‘protest’ means a rejection because truth is being hidden. Rights are denied - lies are protested. Ten years on, and these former protestors of innocence are now deniers. Such is the manner in which liberty is lost. see page 22
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We have a programme called STOP which doubtless they will argue is of benefit to alcoholics, but I have heard from prisoners that have been on the course that the alcohol problems they address is a small part of the course and does not really help the alcoholic - mainly being set up for drug addicts required to do the course. I came to Gartree in July 2006 and although I saw signs advertising Alcoholics Anonymous in the VDT room, apparently there hadn't been any meetings for quite some time. After many months of asking why there isn't a meeting any more, I took it off my own back to write to the Alcoholics Anonymous head office in York for advice towards getting meetings restarted, or at least some useful literature for my own benefit. It is taking time for it to be arranged but I have heard from good authority (AA head office) that AA meetings will be starting again shortly here at Gartree.
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8 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.
POA strike will speed up prison privatisation ....................................................... PAUL SULLIVAN - HMP WAKEFIELD At 7am on 29th August, prison warders walked out of Britain’s prisons. They deliberately gave no prior warning and abandoned 80,000 prisoners, to whom they have a duty of care. They recklessly deserted prisoners who need vital medication or who were on suicide or self-harm prevention. They demonstrated their contempt for suffering and possible death by failing to provide emergency back-up. Visitors; some elderly, some with young children, many who had travelled great distances, were turned away. Hospital appointments were left unfulfilled. No mail. No telephones. At some prisons even deliveries of prisoners' food were turned away. It must have raised wry smiles across the nation when these people described themselves on TV as ‘professional’ because they had just proved to the public, and the government, that they certainly are not professional: instead of whingeing on about how the public look down on them, a little self-evaluation may have been a better option. They should view those TV pictures and consider how they and their spokespersons actually came across. I smiled when a warder outside Wormwood Scrubs said they need more money because they get assaulted. This is the jail which was recently described as having the longest institutionalised
abuse of prisoners by warders in British prison history! If a member of a warder's family had an accident and when they arrived at hospital all the nurses suddenly walked out, with no warning, and abandoned the warder's loved ones - how would they feel? That is effectively what the warders did: of course nurses would never do that because although they are grossly underpaid, and have far more responsibility than warders, they really are professional. One complaint is that police can earn more. If a warder wants police pay then join the police! Unlike the police, prison warders need no real qualifications, have just a few weeks basic training, and are not on the streets, often alone, in dangerous situations. Warders join the prison service because they can't make the grade to get into the police. Having recent experience of the prison service, I would in fact agree that warders should be paid more. However, there must be stringent entry qualifications, proper training, and an achievable career structure. Dead wood and underachievers should be swiftly dispensed with. National qualifications should be available, and required, in the various areas of specialisation required within the service such as mental health nurse, psychology, management etc. If warders
Have you ever served in the Armed Forces? If the answer is yes, you may be entitled to assistance from The Royal British Legion and SSAFA Forces Help. We are working together, offering advice and support to men and women who have served in the Armed Forces and their immediate dependants. Whether you are still serving your sentence or are due for release, we can provide financial and emotional support to you and your family, and can offer assistance with: · · · · · · ·
Immediate Needs ie. household goods, rent Practical advice on housing Education/Training (including distance learning) Equipment and/or Work Tools Relocation Costs Advice and Guidance on getting a job or learning a trade Assistance for your partner and children
Regretfully we cannot make cash grants. Nor can we offer legal or appeals advice, although we can put you in contact with organisations who offer this type of help.
Through our network of national caseworkers SSAFA Forces Help and the Legion can act as a resource for your resettlement needs, assist you whilst your sentence is ongoing, or just provide a confidential and caring link to the outside. If you would like further information, or a visit from one of our caseworkers to discuss your needs, please write to:
TRBL / SSAFA Forces Help (Ref Inside Time) Freepost SW1345, 48 Pall Mall, London SW1Y 5JY
Insidetime October 2007 www.insidetime.org
want to be officers then they need to demonstrate that that is what they are.
schemes and by now I guess you are getting the picture.
As for what happened here at Wakefield on 29th August: things ran quite smoothly, with Governors and Administration working together - even the chips, with tea, were properly cooked for a change.
All I seem to witness is a bunch of whingeing, lazy, farcical excuses for prison officers who sit on their backsides drinking tea, reading our newspapers and moaning about how overworked and undervalued they are.
Doubtless the government will dispense retribution, which might well affect many of the strikers' jobs. I expect new prisons will be run by private companies and a speeding up of the current privatisation programme. When the private sector works on lower pay, longer hours and less staff, how can the state sector claim more? Meanwhile the POA is responsible for any losses or claims for damages (such as loss of exercise, late meals etc.) Colin Moses may think himself very clever, however I suggest his flock of sheep will live to regret their illegal activities. Look at Scargill and the miners.
Gordon Brown, give them their 2.5% increase and while you’re at it why not give them stab-proof vests, pointy hats and those trendy new Tazar guns!
....................................................... ANDY HALL - HMP WAYLAND … Prison officers recently went on strike demanding a 2.5% pay incresase and I say give it to them; after all, they’re worth it ... arent they? I wasn’t at all surprised when I saw rather a rotund SO lampooning on prime-time TV telling the Home Office to … “stick their offer of talks up their arse”. What marvellous negotiating skills these people possess, and obviously a vocabulary fine-honed in private school.
....................................................... ANDREW WILKINSON - HMP HULL … As I pen this to Inside Time, it’s 7pm on August 29th and the majority of officers have jumped off the boat for the day ... abandoned ship. Yet here at Hull Prison our ‘Captain’ Jack Sparrow has stayed with his crew and done a fantastic job for the day. They have done their upmost to keep nearly 250 lads informed of the day’s strike action whilst serving food and seeing to our various needs and requirements, and this with the buzzer constantly ringing. So I’d like to hear a big shout for Officer Jack Sparrow and his crew for staying truly professional and not acting irresponsibily.
> insidetime 100th issue
The Prison Service states that an officer must be ... ‘a supervisor; custodian; disciplinarian; manager; facilitator; mentor; provider; diplomat’ ... yes, by now most of you are probably laughing your socks off. My own personal officer springs to mind; a former pork-pie salesman with zero qualifications and, on his own admission, severely dyslexic (ironically amusing as he’s the wing Toe-byToe officer and scary, as he’s our new lifer manager). He’s got exactly the same poor attitude as the overweight dullard on TV, coupled with zero personality. So what does the job actually entail? Much of their mundane role is deliberately delegated to inmates. Listeners take on the burden of inmates’ problems, with help from the Samaritans. Buddies help officers avoid boring administration. Red Bands do tasks officers should be doing. The IMB resolve complaints. Race Relations also help advise and resolve. Then you have the Chaplaincy, the above-mentioned Toe-by-Toe literacy
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Issue 17 Christmas 1994 Reports on the 40 per cent reduction in the number of prisoners released on home leave. A measure taken by Home Secretary Michael Howard following the IRA breakout at Whitemoor
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Insidetime October 2007 www.insidetime.org
express or implied reference in my article to Atkins Law, nor was any other firm identified.
A contradiction in terms ...................................................... STANLEY BEST - BARRISTER, BARNSTAPLE CHAMBERS I have had two letters recently concerning my September issue article Short Changing. One comes from a prisoner who, of course, cannot be identified. The other comes from a solicitor, John Atkins of Atkins Law, Exeter, enclosed, rather oddly you may think, in an envelope with a rubber stamped injunction, ‘Rule 39 applies'! The letter from the prisoner says of his former solicitor that ‘he (said) to me you don't need a barrister at all, I do all my (own) hearings'. The prisoner asks for help in finding another solicitor who, by necessary implication, will instruct Counsel as he wished the original solicitor to do. By contrast, solicitor John Atkins, in a four page letter, is very indignant and speaks of 'firms such as this' (meaning Atkins Law) moving ‘to a highly professional model involving non-qualified lawyers …’ This seems to me, however good the non-qualified staff are, to be a contradiction in terms. You are either a member of the legal profession or you are not. Mr Atkins also claims that the article is 'defamatory of (his) and other firms'. This is complete nonsense. There was no
Use of vouchers ...................................................... G WARDELL - HMP WAKEFIELD I recently ordered some vitamins from healthcare via Aramark, attached a £2 voucher to the order and duly deducted the value. However Aramark have refused to process the order, stating they are the customers of healthcare and it is a direct instruction of CPU. Can Inside Time seek an explanation regarding vouchers that healthcare issue.
➜ Kristina Wilkinson Operations Director
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.
9
> insidetime 100th issue
Let me make abundantly clear that my article was not directed against Mr Atkins or his firm, with whom I have had no dealings whatsoever and of whose approach to his work and his clients I know nothing. The examples given in my article are, however, based on fact, relating, as I was careful to say in the article, to only a few firms of solicitors. I am happy to think that Mr Atkins is not guilty of any of the failings listed in my article and that, e.g. his firm always makes clear (as the Law Society requires) to each and every one of his clients (prisoners or others) that their cases are to be dealt with (when it is so) not by a solicitor, but by one of his acolytes, i.e. ‘non-qualified lawyers' and that when any client wishes to be represented by Counsel, the client's wishes are always complied with. In the case of a few firms, that is sadly not the case and at times a client's best interests are ignored. That is something which, I suggest, ought to be made public in the interests of clients and of the generality of solicitors alike. The newly elected President of the Law Society said that ethical standards are of the highest importance to the profession. With that I entirely agree and look to him to see that they are made well known to all in the profession and enforced, when necessary, in the interests both of all clients and the majority of solicitors.
Turning life around ...................................................... LEE BIRCH - HMP RANBY This is my first time in prison and I am serving a three-year sentence. Before I came into prison I was an alcoholic and was also smoking weed day in day out. Before I was sent to prison I was told a lot of bad things go on inside and it’s not a nice place to be. However the help I have received has had a great influence on my life and I have not touched any drugs or drink and taking every opportunity to my utmost advantage. The support I have received from both staff and prisoners has been great. Another good thing is I have stopped smoking cigarettes and have the opportunity to attend the gym five days a week, which is obviously a bonus for my health.
Judicial Services, Aramark writes: In response to the enquiry from Mr Wardell regarding the use of vouchers when purchasing goods via the Aramark canteen system, the situation from a legal perspective is that Aramark are not acting as an agent of the Prisoner. The Prisoner is entering into a ‘contract’ to purchase goods from Aramark. Aramark then enters into a separate ‘contract’ to purchase goods in our own right from the supplier. To this end we are not obliged to accept vouchers.
People seem to imagine that prison is full of drugs and there is a lot of violence. Fair enough, I have seen two fights since entering the system and about £3 worth of heroin. But what they don’t seem to understand is that on the outside there is less security, which means more violence and drug dealers on virtually every couple of roads they pass. Also, I would like to stress that there is more opportunity in prison to access drug awareness programmes, smoking cessation clinics, gym and plenty more. I honestly didn’t think prison would help me as I thought of it as pure punishment, but I now view it as an opportunity to turn my life around, and I am thankful to be given this chance to prove I can be a better person who wants to do something with my life.
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Reports on Inside Time’s Prisoner Survey involving 600 prisoners in 44 prisons. The majority say they had no chance to improve their educational qualifications and have received no useful work in prison. A Prisoners’ Survey in 1999 produced more or less the same results.
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Insidetime October 2007 www.insidetime.org
Newsround
10
> insidetime 100th issue 1990-2007 WHAT’S CHANGED? ... Continued from front page
Male prisoners who used drugs regularly before imprisonment
Prison population
1990: 12% 2007: 15% ....................................................................
1990: 46,000 2007: 80,803 ....................................................................
Two prisoners sharing a cell designed for one 1990: 1 in 4 2007: 1 in 5 ....................................................................
Average daily cost of food per prisoner 1990: 95p 2007: £1.93p Expenditure in 2007 is, in real terms, 2% less per prisoner than it was in 1990 ....................................................................
Prison suicides 1990: 100 2007: 73 and a further 41 in secure hospials ....................................................................
Number of prisons 1990: 121 2007: 141 ....................................................................
Staff from an ethnic minority background Women in prison
1990: 1.0% 2007: 5.7% ....................................................................
1990: 1,595 (3% of prison population) 2007: 4,390 (5.4% of prison population) At the last count over a third of all adult women in prison had no previous convictions. ....................................................................
Prison Officers (including principal and senior officers) 1990: 20,532 (average 2 prisoners for 1 Officer) 2007: 27,222 (average 3 prisoners for 1 Officer) (At 31 July) ....................................................................
Prison Service expenditure 1990: £1,081 million 2007: £1,930 million Expenditure in 2007 is, in real terms, 36% less per prisoner than it was in 1990 ....................................................................
Young offenders (18-20) 1990: 15,246 2007: 9,286 ....................................................................
Prisoners from ethnic minority background (not including foreign nationals) 1990: 15.5% 2007: 25.0% ....................................................................
Prisoners with severe mental illness 1990: 329 2007: 5,000
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Many of the deaths in state custody could and should have been prevented, according to a report. Figures from the ‘Forum for Preventing Deaths in Custody’ show that over 500 people die annually in prisons, police cells and other units. Two-thirds of the deaths are natural causes, the figures reveal, the rest being self-inflicted, accidents, overdoses or killings. The figures show that in the year to April 2007 there were 523 deaths in custody, the vast majority of them being natural causes in mental health hospitals. The total figure covers deaths in prisons, police cells, secure hospitals and juvenile units and it is the first time the figures from across the criminal justice system have been brought together. But the figures also include 73 self-inflicted deaths in prisons and a further 41 in secure hospitals.
Remand prisoners 1990: 20% 2007: 19% Only half of all remanded prisoners go on to receive a prison sentence. ....................................................................
Custody death total 'too high'
Average custodial sentence given by a Crown Court 1990: 17 months 2007: 25.5 months ....................................................................
Reconviction within 2 years of being released 1990: 52% 2007: 64.7% For young men aged 18-20 it is 75.3% Ex-prisoners are responsible for about one in five of all recorded crimes.
PPG
criminal law
The forum was established after the Joint Committee on Human Rights called for the Home Office and Department of Health to set up a multi-agency body to monitor deaths in any form of state custody, however campaign group Inquest described the forum as ‘toothless’ because it had no formal powers and had lacked resources in its first 18 months. Deborah Coles, co-director of Inquest, told Inside Time: “The shocking number of deaths in custody needs more scrutiny and analysis than the Forum can provide. “Everyone in custody is owed a duty of care by the state. The only way to ensure lessons are learned from these deaths is through effective investigations and inquests, and for follow-up action on their outcomes to be taken across custodial institutions."
Five years on and still fighting for justice Pauline Day, whose son Paul committed suicide in Frankland Prison in 2002, is still, five years on, fighting for justice for her son and has the full support of former Chief Inspector of Prisons Lord Ramsbotham (pictured). In a copy of a letter from Lord Ramsbotham to Maria Eagle MP at the Ministry of Justice, sent to Inside Time by Mr & Mrs Day, he was scathing in his criticism of the manner in which the authorities handled the matter. Lord Ramsbotham said that because the Prison Service was so bad at dealing with families, they went to inquests hoping, and expecting, to receive the information that you would get from a formal inquiry. ‘That of course is not the purpose of an inquest, which, all too often, the Prison Service seemed to treat as an opportunity for public absolution’. Lord Ramsbotham went on to say that if he were either a member of the Prison Service or the Home Office, he would not be very proud of the way in which he had dealt with Mr and Mrs Day. ‘Letters to Ministers unanswered for months; lack of information; failure to fund inquest attendance; failure to investigate in a timely fashion and so on’. During the recent passage of the Corporate Manslaughter Bill through the House of Lords, Lord Ramsbotham frequently quoted the Paul Day case as a classic example of why deaths in custody should be included. ‘Had the Bill been on the statute books, he said, ‘I guarantee that an action against the Prison Service as a whole, and certain named individuals in particular, would have been actioned months and years ago’. ‘To that extent it is fortunate that it can hide behind its accustomed bad practice, which simply must be eliminated sooner rather than later’.
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11
Newsround
Insidetime October 2007 www.insidetime.org
Fall in prisoner complaints in Scotland
Putting hepatitis C in the picture
The number of complaints filed by inmates at Scottish prisons has fallen from a 12-year high. A total of 403 grievances were lodged with the Scottish Prisons Complaints Commission (SPCC) in 2006/07, down from 460 in the previous 12 months, of which 298 were held to be within its jurisdiction. Conciliation was achieved in 145 of these cases, while 32 complaints were withdrawn by prisoners before the Commission completed its investigations and the majority of these were the result of solutions being agreed between prisoners and staff. The subject matter of complaints continues
A scene from a powerful new film to raise awareness of hepatitis C and how to avoid it among prisoners, and encourage those at risk to get tested. Created by the Department of Health, the film provides a gritty insight into the virus including how it can be transmitted, with a particular focus on the risks of intravenous drug use. With estimates showing that more than 50 per cent of prisoners have a history of using drugs, the film aims to educate a crucial audience with a high potential risk of being infected.
to be extremely varied, with prisoner location being amongst the highest – largely attributable to overcrowding. Commenting in the report, Complaints Commissioner Vaughan Barrett said he had welcomed opportunities this year to be ‘proactive in contributing to stability within Scotland's prisons’. "The challenges met by our staff this year reminded us of the importance of remaining flexible in our approach to complaints handling and of the significant role that we play in helping to defuse the hostilities that arise in Scotland’s prisons".
> insidetime 100th issue
In the film, expected to be distributed to all prisons across England towards the end of the year, hepatitis C patients, including those with a prison background, explain what the virus is, its varied transmission routes and how it can be diagnosed and treated. Their real-life testimonials are interspersed with dramatised scenes of the impact of the virus in a prison setting. The film has been tested in a variety of prisons, and feedback from prisoners and staff has been overwhelmingly positive. It is estimated that around 200,000 people in England have hepatitis C and of this number, the majority are probably unaware of their condition. Testing ‘at risk’ people as well as carefully managing those already diagnosed is seen as essential to reducing the prevalence of the disease and ensuring that those infected have access to treatment.
‘Instrument of Government policy’ “This issue of the Parole Board not being sufficiently independent of the Government was emphasised by its description in a Home Office review as being ‘an instrument of Government policy’.
Jack Straw’s control of the prison system has been dealt a fresh blow after the High Court ruled that the Parole Board was in breach of the law because it is too close to the Government. The ruling could result in the removal of the board from the Ministry of Justice to ensure its independence. In a case brought by four prisoners, the High Court ruled that the present arrangements ‘do not sufficiently demonstrate its objective independence’ as required by human rights law. John Dickinson, a solicitor for the prisoners, said of the ruling: “If it is upheld on appeal, this judgement will affect not only tens of thousands of prison inmates but all those who rely on Parole Board decisions.
Tim Morris, Head of Communications at the Parole Board, told Inside Time: “Unless the decision is reversed on appeal, this means that the Secretary of State will have to take the necessary steps to ensure that the Board does become sufficiently independent, or risk being in contempt of the court. “Those steps might include moving the sponsorship of the Board to a government department that is not party to the proceedings of the Board, as the Ministry of Justice is in its role as the department responsible for the National Offender Management Service. It might alternatively involve the Board, as a court, becoming part of Her Majesty’s Courts Service. “The Ministry of Justice have confirmed to us that they intend to lodge an appeal against the decision and ask for a stay of the judgement.”
KAIM TODNER LLP
Issue 21 Spring 1996 With some of our copies ending up in the prison skip, we encourage readers to pass on their copy of Inside Time to a friend
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Solicitors MY MELDRUM YOUNG
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Newsround
Insidetime October 2007 www.insidetime.org
‘Trying to build an ark after the flood’ The Howard League for Penal Reform has published a report: Indeterminate Sentences for Public Protection. The first report to interview prisoners on the IPP, it reveals the chaos at the heart of an ill-conceived and fundamentally flawed sentence that has recently faced successful challenge in the High Court. A series of judgments have ruled that detention beyond the term of sentence is unlawful, if prisoners sentenced to the IPP are not provided with the appropriate behaviour management courses and assessments in order to present evidence to the Parole Board as to whether or not they still present a risk. Prisoners give a damning testimony to the Howard League about the systemic failings of the IPP. One describes the government’s attempts to manage the sentence as “trying to build an ark after the flood.” Another said: “When I first arrived I didn't know what was happening, the Prison Service didn’t know,
Healthcare pilot projects
probation didn’t know, nobody knew what to do. After two years still no-one seems to know what they are doing.”
The King's Fund has announced a twoyear pilot programme that will provide funding for five prisons in London (Belmarsh, Brixton, Feltham YOI, Holloway and Pentonville) to improve the physical environment in which healthcare is delivered to prisoners, such as clinics, assessment rooms and waiting areas.
One prisoner described the uncertainty the IPP has created for those inside: “I have found it really hard to adjust to my sentence. I was told that IPP means ‘indefinite’ which is quite scary. I’m not justifying what I have done but why do I need life? I would have preferred a fixed sentence that is longer, but at least I would have light at the end of the tunnel.”
The projects, which will involve prisoners in the planning and design, will be led by a multi-disciplinary team headed by a prison nurse, a prison officer and a representative with responsibility for the prison buildings. The King’s Fund will develop the pilot schemes and provide a training programme to develop the teams’ leadership skills to give them the practical knowledge they will need to make their projects a success.
Director of the Howard League for Penal Reform, Frances Crook, told Inside Time: “The IPP is a disastrous example of the government failing to plan for the consequences of an ill-thought out policy. With official estimates that the number of IPPs will reach 25,000 by 2012 - almost a third of the current prison population - this sentence threatens to overwhelm a prison system that is already on its knees”.
Massive cuts The Prison Service has been told to find savings of £80 million for each of three financial years from an annual budget of £2 billion. The demand follows a deal between Charles Clarke, the former Home Secretary, and Gordon Brown, under which the Home Office budget will be frozen from next year. Senior officials in the Home Office have asked the Prison Service to identify savings totalling 4 per cent – or £80 million – a year for each financial year between 2008 and 2011. The scale of the savings has astonished senior prison staff, who are grappling with an overcrowding crisis and who have told the Home Office that the cuts will be ‘impossible to achieve’.
The pilot programme is being run by the King’s Fund in partnership with Offender Health, the Department of Health and other charities; a partnership which reflects the fact that since April 2006, commissioning responsibility for prison health services has been devolved to NHS Primary Care Trusts. A recent Social Exclusion Unit report estimated that as many as 70 per cent of the 136,000 people held each year in prisons in England and Wales suffer from two or more commonly classified mental disorders.
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As a result, an outsider has been drafted in to conduct a full review of prison service finances. Lord Carter of Coles, a friend of Jack Straw, the man behind a 2002 review of prisons and probation, has been asked to determine whether or not the Prison Service is crying wolf over its insistence that such savings are impossible. The demand for savings coincides with government plans to provide an extra 8,000 jail spaces by 2011 – many of them in units to be placed in existing prisons and requiring additional staff. The service is already postponing the refurbishment of wings at jails in order to cope with the population crisis and is facing a huge bill for holding offenders in police cells.
United Against Injustice 6th Miscarriage of Justice Day
Saturday 13th October The Dragon Hall, 17 Stukely Street London WC2B 5LT Workshops will be held from 11.00 am and include both Documents & Disclosure by Dr Andrew Green and Kevin McMahon Fingerprint Identification by Allan Bayle
So what you are saying: Monica had sex with you, but amazingly you didn’t have sex with her.
BRUCE KENT will chair the main meeting commencing at 2.00 pm Speakers include:
Professor Allan Jamieson - Chair of the Forensic Institute, Edinburgh Allan Bayle - UK's foremost fingerprint expert Mark MacDonald - Michael Stone's Defence Barrister. Chair London Innocence Project Sandra Lean - Author of No Smoke, the Shocking Truth about British Justice A student from the University of Bristol Innocence Project
No Charge - No need to book. Everyone opposed to miscarriages of justice welcome
Issue 30 Autumn 1998 Reports on international affairs as well as the doubling of the number of women sent to prison. Prison Ombudsman also reports that he upheld 40% of prisoners’ complaints
Stephensons Crime - Special Cases Department A dedicated and experienced team dealing with Appeals, CCRC Applications, Prison Law Issues and Confiscation Proceedings. Campbell Malone,
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Newsround
Insidetime October 2007 www.insidetime.org
13
Additives bad for children
The impact of the pill on cancer
Termination Toll As many as one in 22 teenage girls in some parts of the country had an abortion last year, according to official figures. In total, a record 18,619 under-18s had terminations – despite a multimillion-pound Government campaign to bring down the numbers. One 18-year-old had her sixth abortion in 2006. A further 135 girls under 14 terminated their pregnancies. The statistics – released by the Department of Health after a freedom of information request – show the number of teenage abortions has increased by more than 2,500 each year since Labour came to power. Teenage abortion rates were highest in the London Borough of Lambeth, where one in 22 girls under 18 had a termination in 2006. this was nearly five times the rate in the region with the fewest abortions, Herefordshire, where one in 100 under-18s had a termination. Nine of the top ten locations were in London, with one in 25 teenage girls in Southwark having an abortion, closely followed by Barking and Dagenham, Lewisham, Hackney and Croydon. The only area outside the capital in the top ten was Coventry, with a rate of one in 33.
Taking the contraceptive Pill can reduce a woman’s risk of developing cancer - but only if she stays on for less than eight years. According to one of the largest studies of its kind, the overall cancer risk for women who take the pill for eight years or less is up to 12% lower than for those who never take it. The reductions were greatest in the risk of developing bowel, rectal, uterine and ovarian cancer. But for women who take the pill eight years or more, the risk increases by 22%. The study, conducted at the University of Aberdeen, was based on the health records of 46,000 women, with an average age of 29, all of whom were either married or in a stable relationship.
Professor David Paton of Nottingham University Business School said the figures were particularly disappointing ‘considering the millions that have been spent by the Government over the past few years on their teenage pregnancy strategy’.
HOWARDS SOLICITORS LIMITED
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The rise in abortions mirrors the increase in the teenage pregnancy rate, the highest in Western Europe.
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Why it’s hard to find a good bra If health experts want women to take more exercise, they are going to have to do something about their breasts. Scientists have discovered that during exercise, women’s breasts move in three different dimensions – but bras are designed only to restrict up and down movement. As a result, an estimated 60% of women suffer pain even during gentle exertions, regardless of their cup size; others are put off by the embarrassment of their breasts bouncing when they run. Dr Joanna Scur, who led the research at the University of Portsmouth, said that sports bras need to be redesigned to take into account the side to side, and in and out, movement. In the meantime, she recommends encapsulation bras, which have separate moulded cups, rather than compression models, which flatten the breast against the chest.
A spokesman for anti-abortion charity Alive and Kicking said: “These figures are the result of the modern attitude to sexuality – that sex is just a recreational activity. The Government never addresses the problem at its roots; it just has the sticking plaster attitude of making abortions easy. Its sex education classes are clearly not encouraging responsibility.”
The Food Standards Authority (FSA) has admitted that some artificial additives found in children’s food may cause behavioural problems, but has stopped short of banning them. As part of a study published in the Lancet, 300 children were given - over three one-week periods - a drink rich in colourants and preservatives, one with lower levels of additives, and an additive-free drink. During this time, the children’s behaviour was monitored by teachers, parents and researchers. Results showed that when they consumed the additive-rich drink, the children were more restless and less able to concentrate than when they drank the other two. But not all responded equally badly, suggesting that genetic factors may also be at play. Although the children in the study were drawn from the general population, the FSA is only advising parents of children who are already showing signs of hyperactivity to cut out the relevant E numbers. These include E102 (tartrazine), E110 (sunset yellow), E104 (quinoline yellow), E129 (allura red), E211 (sodium benzoate).
Has your right been ignored, Act now! We are a specialist Criminal and Prison Law practice based in East London. We are willing to fight the Prison Service system for you and can provide effective advice and assistance in the following areas:
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Issue 32 Spring 1999 Home Secretary Jack Straw tells Foreign Secretary Robin Cook that he is planning to lock up people with a personality disorder
KRISTINA HARRISON S O L I C I T O R S SPECIALISTS IN PRISON LAW • Recalls • Parole • Adjudications • IPP & Extended Sentences • Lifer Issues • Categorisation • Transfers • Property • IEP Scheme • HDC • Request/Complaints • Appeals • CCRC • Judicial Review • POCA
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14
Newsround
☺ NEWS IN BRIEF
Seconds before the Queen’s arrival, Camilla is talked out of her latest plan to become Queen.
Opera legend Pavarotti dies at 71, reports BBC News 24.
Insidetime October 2007 www.insidetime.org
Be nicer to sharks They are viewed as our natural enemies, but we need the big predatory sharks to survive, not least to protect the humble scallop. Experts have warned that the drastic decline of shark numbers is having a knock-on effect on a whole range of smaller species. Ecologists from Dalhousie University in Nova Scotia have found that overfishing the largest predatory sharks (such as bull, hammerhead, dusky, and great white sharks) along the Atlantic coast of America has led to an explosion in the populations of the fish they would normally prey on, such as ray and skate. If those fish are the winners, the losers are the species that lie immediately beneath them in the food chain, namely scallops, oysters, and clams. These are disappearing at such a rate that their populations, say the researchers, may never recover. According to the new analysis, the numbers of tiger sharks along the Atlantic coast have declined by 97% since the mid-Eighties, while hammerhead shark numbers are down by 99%. By contrast, the east coast cownose ray population is growing at 8% a year, with its total population in the region estimated at around 40 million.
Sun theory dismissed The sun is not to blame for global warming. Climate change sceptics have long argued that an increase in the amount of the sun’s radiation, rather than carbon emissions, could be responsible for the recent increase in global temperatures. But there is a problem with this hypothesis: according to the latest research, the sun has actually been cooling since the mid-eighties, yet the world has continued to hot up. “Over the past 20 years, all the trends in the sun that could have had an influence on the Earth’s climate have been in the opposite direction to that required to explain the observed rise in global mean temperatures,” says a report to the Royal Society. The scientists did acknowledge, however, that solar variations could explain fluctuations in global temperatures in the past, such as the “little ice age” in the 17th century.
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A world without oil … and trees The EU is already planning for the day the oil runs out, says BBC Online. By 2020, it wants 10% of all fuel in cars to come from biofuels. But not everyone has warmed to the idea: calculations done by the Co-op Insurance Society suggest that to ensure a 10% switch of this sort worldwide would mean devoting 9% of the world’s agricultural land to biofuels.
Turning one species into another In recently released videotape, Bin Laden shows he is not afraid to dye.
Lib Dems find a safe seat.
VYMAN SOLICITORS 43 Albion Place, Maidstone Kent, ME14 5D2 Specialists in Criminal & Prison Law We can help with the following: • Adjudications • MDTS/VDTS • HDC • Lifer Reviews • Licence Recalls • Parole • Transfers • General complaints • Criminal Defence Our experienced staff can visit all clients at any prison in the South East. No case too small
In a groundbreaking experiment, scientists have effectively turned one species into another, by transplanting its entire genetic make-up, says the New Scientist. The project involved substituting the DNA of a parasite with that of a close relative, and could pave the way for doing the same with a genome made from scratch. Dr Craig Venter, whose team conducted the research, says his institute is already close to synthesising from simple chemicals the genome of a small bacterium, Mycoplasma genitalium. Once that has been achieved, Dr Venter will try to make the man-made genome take over a bacterium – giving his grounds to claim that he has created the first synthetic life form. His ultimate aim is to create new kinds of bacterium to make green fuels, or absorb CO2 from the atmosphere. The research is not uncontroversial: it has raised arguments about scientists “playing God”, and there are fears that the technology could be used to create a new generation of bio-weapons.
Uncertain Future? Nowhere to go?
Issue 38 Autumn 2000 Features a painting by a resident at Parkhurst which won a Koestler Award for Art in the 2000 Annual Competition
HAYES-BURCOMBE & Co We can provide you with specialist legal advice, assistance and representation in the following matters: • • • •
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Newsround
Insidetime October 2007 www.insidetime.org
Do you know...? ● A typist who strained her thumb while
working for the RAF is to be paid almost half a million pounds – more than eight times what a soldier could expect for losing his leg. The unnamed civilian developed a repetitive strain injury while inputting data. She sued the MoD and has been awarded £484,000. A soldier who loses a leg is eligible for compensation of £57,000. ● When Ruth Ball’s daughter Leigha threw
a tantrum in a shop, she took the screaming toddler outside, put her in the car and waited a few feet away for her to calm down. The next day, she received a visit from Bedfordshire police, investigating a complaint of “inappropriate” parenting from an onlooker who had noted her numberplate. ● Nearly two million emails are dispatched every second, totalling 171 billion messages a day.
a baby. 81% of British women don’t think it right to become a mother after 50. 33% would consider having a baby on their own. 11% have chosen not to have children. 47% of those having fertility treatment go on to have a baby. ● The average infertile couple spends £4,872
on treatments ranging from INF to alternative therapies. ● The average cost of raising a child to the
age of 21 is £165,000. ● The average Chinese person has their first
kiss aged 23. ● New Labour has created 3,000 new criminal
offences. ● The RSPB has banned the use of the word
“cock” to mean male bird, lest it cause embarrassment or offence. A contributor to the charity’s online forum was amazed to find his reference to a “cock” blackbird replaced by four asterisks. “It is not political correctness,” insisted an RSPB spokesman, but “we should not forget that the RSPB website has a massive viewing from children. It is better to be safe than sorry.”
● In Britain the suicide rate among cricketers
is more than twice the national average. ● 1,000 men in Britain live with more than one wife. ● Mediterranean cruises for the elderly may never be the same again. The Government’s proposed Single Equality Act, dedicated to ending all forms of discrimination, could make it illegal for any cruise company to restrict its holidays to the over fifties. That would mean Saga holidaymakers would be legally obliged to share their fun with the youth crowd. A spokesman for Saga says the company will go under if the law goes ahead as planned. ● Grieving families in Tunbridge Wells are
to face £100 fines if they let the funerals of their loved ones go on too long. The local council says it has introduced the measure to prevent distressing delays for the mourners attending the next service.
● The new Wembley Stadium has 2,618 lavatories – more than any other building in Britain. ● The new, wider M6 will be the most
expensive piece of tarmac ever laid in Britain, costing £2.9bn - or £897 per inch.
● Under Gorbachev, 5% of senior Soviet officials had a background in the armed forces or security services. Under Putin, that figure is 78%. ● A million trees are chopped down every
year to make 44 million British telephone directories, most of which are never used.
clothes is doing swift business, as parents buy body armour to protect their children. Andrea Lovell from Dagenham, who bought her 14-year-old son a £130 Kevlar-lined fleece, said: “With everything that is going on in the country, I thought it would be safer.” ● More than 44% of women drivers in
● 84% of childless women in Britain aged
31 to 35 fear they have left it too late to have
● Four million Britons suffer from malnutrition – largely owing to a diet of junk food. There has been a 44% increase in hospital cases of malnutrition since 2002. ● Every Muslim woman living in an EU country produces on average 3.5 children; non-Muslim women, by contrast, produce just 1.4. ● There are now 266 powers under which
● An Essex company selling slash-proof
Britain say they have walked out of a car showroom owing to “the intimidating atmosphere”, almost 50% say car salesmen have been “rude and “patronising”, one in five say they have pulled out of a deal owing to their sexist comments, said to lose car sales rooms almost £1bn a year in business.
Rolling Stone Keith Richards has written his memoirs, which are expected to attract a £35 million deal. And what a cracking read they should be. The 1960’s. Well, a bit of a blur to be honest. The 1970’s. Very exciting no doubt, a bit of a blur. The 1980’s. Best ask Mick. The 1990’s. Bit of a blur…. book reviews pages 32-33
> insidetime 100th issue
● Park benches across the country are to be
replaced at a cost of thousands of pounds because they are three inches too low. New benches must be more that 17.75 inches high so that the elderly and disabled can get off them easily.
15
● Britain has 540 million surplus coat hangers, weighing 17,000 tons. ● Biology teachers no longer dare to include
dissection in their classes, owing to fears about safety and the squeamishness of pupils. A study for the Institute of Biology found that dissection is unpopular with pupils and regarded as dangerous because of the use of scalpels.
COMPENSATION FOR VICTIMS OF CHILDHOOD ABUSE We specialise in helping adults who were abused as children in the care system.
state officials can raid an individual’s home, including “checking for foreign bees”, “inspection of high hedges”, “surveying seal population”, “checking for offences related to stage hypnotism”, and “carrying out fact-finding missions in accordance with the Ottawa Convention on Landmines”. New research by the Centre for Policy Studies think-tank shows that most of these powers have been created by Parliament in the past two decades. ● Dozens of male council workers in Blackburn and Darwin are to be sent on compulsory breast-feeding courses. A spokeswoman said that the two-day awareness training would make the men more sensitive to the needs of nursing mothers.
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Issue 41 Summer 2001 Rachel Billington and John Bowers interview Sir David Ramsbotham, Chief Inspector of Prisons. He told them: ‘They can shoot the messenger but not the message.’ The message? ‘Consistent prison management’. Sir David’s contract was not renewed!
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Diary
16
Month by Month strong and beautifully shaped work. I hope we’ll get more and more poems entered each year.’
Rachel Billington
P
oetry has a long tradition in prisons. In 1898, Oscar Wilde published his most famous verses: The Ballad of Reading Gaol. His name was not on the cover but the mysterious C3.3. In fact this stood for Building C, Floor 3, Cell 3. No prizes for guessing this was Wilde’s location in Reading Jail when he wrote the poem. In all, he spent two years in prison. The poem describes the emotional atmosphere as a young guardsman who had murdered his wife is taken off to be hung. It includes the memorable line: Yet each man kills the thing he loves… The poem stands as a terrible indictment of capital punishment and also the inhumanity of the prison system as it was at that time. Despite all the improvements and good intentions, some unlucky inmates might argue the verses still have relevance today: The vilest deeds like prison weeds, Bloom well in prison air It is only what is good in Man That wastes and withers there: Pale Anguish keeps the heavy gate, And the warder is Despair I have just been reading some of the prizewinning poetry entries for this year’s Koestler Awards. There were 681 poems entered, of which 78 won awards. That is, the most entries in any category apart from oil and acrylic painting. As it happens Tim Robertson (pictured), the Director of the Koestler Awards, is a poet himself – rather underperforming, I gather, at the moment owing to pressure of work. He is very excited by the quality of work and told me: ‘Of the thousands of entries we receive to the Koestler Awards, the poems are my personal favourites. Prisoners have an intensity of experience that seems to make their verse much more powerful than poetry today. The poems are startlingly vivid – almost more visual than the paintings and more tactile than the sculptures. I write poetry myself, so I know how hard it is, and I take my hat off to the offenders who produce such
EP D
We at Inside Time have decided to encourage this process by devoting an entire page to your poetry which will, initially, run every other month. We’re beginning immediately, with a selection from the Koestler winners. If you turn to the back page you can read them for yourself. They come from all over the country; from secure units and Y/0 institutions as well as adult prisons for men and women. I particularly hope that women will take up the challenge. One of the spurs to allocating a poetry page was the report from a group of women in HMP Low Newton. Organised by their writer in residence, Wendy Robertson, their group, led by KW, produced a commentary on Inside Time with a wish list of how they feel the paper could be more attractive to women (for the whole list and a commentary from Lucy Charman see pages 24 and 25). Number four on their list read: ‘Many female establishments offer creative writing. For this reason, as well as others, a poetry page may encourage female contributions. Poetry should not be seen as a ‘soft’ option.’ I certainly agree with KW on this one. Good poetry, which makes a point in an original and compelling way, is probably the hardest of art forms. You prisoners may be lucky enough to have a writer in residence to steer you through the pitfalls and make you keep at it when you’ve come to a dead end. I suspect many of these tutors will get you to read aloud your work and listen to the cadences.
Benjamin Zephaniah with Lord Ramsbotham
One successful contemporary poet has taken up the subject of prisons in his poetry. Benjamin Zephaniah opened the Koestler
CRIMINAL DEFENCE & PRISON LAW SPECIALISTS
Sir Joe Pilling (left) Chairman of the Koestler Awards, Dean Stalham (middle) and Tim Robertson, Director of the Koestler Trust, at the Koestler Exhibition.
Awards a couple of years ago and I remember him saying that poetry and writing had played an important part in his ability to stay out of prison - where so many of his contemporaries found themselves. He has an excellent website which your Writers in Residence may be able to print off for you or, better still, get hold of his books of poetry, Talking Turkeys or Too Black Too Strong. Zephaniah also had a new novel out last month called Teacher’s Dead. Apart from his extraordinary gifts in many different fields - he’s a great performance artist among many other things - Zephaniah has one ability I like very much: writing comic or satirical poetry. Take this little verse: I used to think nurses Were women, I used to think police Were men, I used to think poets Were boring, Until I became one of them. It’s good to know that poetry doesn’t always have to be about the heavy stuff or, at least, heavy stuff can be written with wit and humour. Tim Robertson confided in me that the judges do look kindly on poets who find it in them to rise above the misery for a poem or two. The poetry judges, Anna Robinson, Louisa Hooper and Jacqueline Gabbitas, are all published poets linked to the Poetry School which runs
poetry classes and events across the UK. On October 1st they were reading some of the poetry printed on the back page at the Koestler headquarters at HMP Wormwood Scrubs. I was at the same building (the ex-governor’s house) last month to take a look at the paintings not exhibited earlier in the year at the ICA. As usual I was impressed by the range and variety of skills. I did think, however, some of them were rather over-priced. Artists always find pricing difficult: a low price is depressing but a high price may lead to low sales. And of course the Koestler and Victim Support take a cut. While I was there I had a chat with Dean Stalham (pictured) who’s working for the Koestler Trust. He’s a success story in the making. Beginning by editing Its Wanno, he’s had plays performed inside Wandsworth and now in the commercial theatre, including the Pleasance Theatre in Islington and the prestigious Royal Court. In March next year he’ll have another play performed at the Union Theatre in Southwark. I’ve asked for an invitation. He also paints, lectures and does stand-up monologues. Who says art can’t turn round a man’s life! Meanwhile please be inspired by the poems on the back page and send in your own artistic efforts as soon as possible.
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Seeing ourselves as we really are
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Jonathan King writes ...
His Holiness, The Dalai Lama Every inmate should be considered individually. There are many whose greatest love is for a grandparent or aunt or uncle, or even non-related friend. One of my friends in Belmarsh Prison was grieving that he’d never see his beloved Alsatian dog again and I knew exactly how he felt. I quite understand that this is impossible as a general rule but the very best governors, chaplains and officers do allow themselves to behave in this way if they can, and thank God for them.
nowadays, such an awareness of fear and tension, that any sensitive and compassionate being must question the 'progress' we have made in our modern world. Ironically, the most serious problems emanate from industrialised societies, where unprecedented literacy only seems to have fostered restlessness and discontent. There is no doubt about our collective progress in many areas, especially science and technology, but somehow our advances in knowledge are not sufficient. Basic human problems remain. We have not succeeded in bringing about peace, or in reducing overall suffering.
In the past 20 years, Buddhism and its ideals have become increasingly popular in the West, and the Dalai Lama has become a celebrity in his own right as film stars, musicians and high profile public figures have lent their support to the Tibetan cause. While continuing the struggle for the liberation of his homeland, the Dalai Lama's approach to life remains unchanged: "We are born in compassion and must live and die in compassion," he says. Here we publish an extract from his recently published book 'Seeing Ourselves as We Really Are'. In this book he explains his belief that self knowledge is a vital step on the path towards enlightenment, and reveals the time honoured techniques that he maintains will help you to shed your illusions about yourself. The theory is that with his guidance and gentle encouragement, you can embrace reality at a more authentic level of being and see yourself as you really are.
W
hen we rise in the morning and listen to the news or read the newspaper, we are confronted with the same sad stories violence, wars and disasters. It is clear that even in modern times precious life is not safe: I cannot recall a single daily news programme without a report of crime somewhere. There is so much bad news
The situation brings me to the conclusion that there may be something seriously wrong with the way we conduct our affairs, which, if not checked in time, could have disastrous consequences for the future of humanity. Science and technology have contributed immensely to the overall development of humankind, to our material comfort and well¬being as well as to our understanding of the world we live in. But if we put too much emphasis on those endeavours, we are in danger of losing those aspects of human knowledge that contribute to the development of an honest and altruistic personality. I feel that universal concern is essential to solving global problems and that love and compassion are the pillars of world peace; that all religions seek to advance world peace, as do all humanitarians of whatever ideology, and that each individual has a responsibility to shape institutions to serve the needs of the world. By learning to harness the power of meditation, we can discover our true selves. This, in turn, will enable us to put our insight into the service of love, and love into the service of insight, taking us one step closer to global harmony and fulfilment. By learning to see ourselves as we really are, we begin to create the world we would like to live in.
see book reviews Pages 32-33 How to See Yourself As You Really Are ... A Practical Guide to Self Knowledge (Rider, £12.99)
Rest in peace I’m a bit sad as my lovely Mum has just died at the ripe old age of 91. I say ‘a bit sad’ as most of my grief has been alleviated by the memories of the happiness of 62 years with the best Mother anyone could ever have hoped to have. And she said she’d had the greatest life anyone could have wished for. She was my rock during three and a half years inside; I spoke to her every day on the phone and I was lucky to have had a further two and a half years, since my release, which I shared with her and which we both enjoyed to the full. But it made me think of all my friends who lost a loved one whilst they were inside. It was my great dread with a parent in her late 80’s that she might die without me being there. One of my friends lost his father whilst we were in HMP Maidstone and I had to comfort him. It’s a horrible feeling – that you’re unable to look after them and hold their hands and tell them you love them while they are slipping away, all of which I did with my beloved Mum. And this is something the prison authorities understand but can do nothing about. Their nerves about security and the strict, detailed rules deny any contact with all but the closest blood relatives – and, even then, only cover attendance at funerals, not much fun when you’re handcuffed to a burly officer, however sympathetic they may be (and I witnessed some real humanity, decency and kindness from officers to bereaved inmates).
Prisoners on their own, or with unsympathetic cellmates, can suffer grief very hard. I really do wish the Prison Service would closely examine policy in this area, and soon, and give better and more relaxed guidance to staff. The other aspect of grief includes deaths in custody. I experienced quite a few of those too. One lovely guy, Peter, also in Maidstone, had a terrible fear of dying in prison. Sadly he also had terminal illness and passed away there (whilst I was in Elmley). I did manage to persuade him, before I got ghosted (to use an inappropriate slang), that it makes no difference where you are when you die and that he should consider it the final escape and freedom for his soul. I believe and hope he found that comforting. Another terrific guy, nicknamed ‘Woody’, was in his 70’s and one of the nicest people I ever met. He would never say a bad word against anyone and turned his head if anyone ‘badmouthed’ someone in his presence. He died during lunchtime bangup, out of the blue. The only clue we had was that he felt indigestion, which was actually the beginnings of a heart attack. Since my release, I’ve heard from several friends that others I knew inside have passed away. Although I’m not in any way religious, I close my eyes and say a quiet prayer for them. Grief is a subtle and unique emotion. If someone you know suffers a loss please, even if you dislike them, show them some sympathy. It really can mean a lot.
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Nobody is out to get you Stephen Cousins defends prison personnel against accusations from inmates who feel they are being persecuted
I
am becoming increasingly frustrated listening to fellow inmates expressing paranoid and frankly deluded ideas about the prison service, and in particular psychology and probation. The people employed in these positions are just ordinary people trying to earn a living. Of course, some care more than others about what they are doing and, like the rest of society, there are some not particularly pleasant people, but in general most are perfectly friendly, decent human beings with the same feelings and emotions as anyone else. Furthermore, they are not ‘out to get you’. They don't wake up in the morning and think, "whose life can l ruin today?" Let's face it, most of us have done a pretty good job of that ourselves; and therein lies the fundamental problem. Most of us, I hope, are quite ashamed of what we have done and it is often easier to start blaming everyone else around us rather than facing up to our own failings. If we continue to blame everyone else and fail to take responsibility for our actions; if we refuse to look at ourselves or try to change for the better, then is it any wonder that those in authority still perceive us as a risk to the public? Which brings me to offending behaviour courses;
no one is suggesting that these courses are perfect. There are issues around prisons having to meet targets, funding issues and concerns about under qualified staff delivering highly specialised therapeutic interventions. However, forget all that and concentrate on why you should or should not take part in offending behaviour courses.
The person who is most likely to mess up your life in the future is not a psychologist, a prison officer or an offender manager, it's YOU. If you are going to be applying for parole, you need to show you have taken the consequences of your offending seriously and have taken steps to tackle issues around why you did it. You need to prove you have addressed these issues and that as a result you have reduced the chances of doing it again. Sure, you can say you’ll never do it again, but what better way to prove to the Parole Board that you
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should be given a chance than by having a professional report written about you which states that you have done exactly that? More fundamentally, if you are truly concerned about your behaviour; if you are upset and ashamed of what you did; won't it be of benefit to you to engage in some serious work to understand why you sunk so low? Having ended up in prison, isn't it about time you got some help from others who have been through similar experiences, or from facilitators who may help you to look at yourself from a different perspective? It's a bit scary, and sometimes we might not like what we see, but that's the point. Exactly what are you afraid of? That facilitators will ‘find you out’? Expose you for the person you truly are! Who is less likely to re-offend in the future? Who is less likely to be recalled to prison? Is it the person who admits his guilt, is honest about who he is and willing to accept help and try to change, or the person who hides his feelings or thoughts, who blames ‘the system’ and refuses to cooperate with their probation officer/offender manager? If you do an offending behaviour course and get a negative report, whose fault is that? Is it the psychology department's or yours? You will know, deep down, if you have been truly open and honest and if you have put the effort in; and yes, the facilitators may ‘find you out’ and that's why you'll get a bad report but you can't blame them, deal with it, take it on the chin and try harder. In the short term it might feel like you are being punished further, but sometimes life has to get tough
before things can get better. If having a hard time now means your life will be better in the future then surely it's worth it, isn't it? The truth is that courses can, if you allow them to, give you new insights into how you behave and how others perceive you; why you might have developed certain attitudes; why you might have made poor choices in the past and how you might make better ones in the future. Courses can also be interesting and great fun. Regardless of parole, licence conditions, probation officers or potential for re-offending, this has got to be a useful experience for anyone to go through, prisoner or not. Having the opportunity to say things we may never have said before; to share life experiences with people who have been through similar things and who may be able to help ... and if you are reading this saying, "But I don't need help", then you haven't been listening to a word I have said. Sometimes we are our own worst judges, and it takes others to point out what we can't see for ourselves; good stuff as well as bad. So reserve your judgment. Treat others (including prison staff) as you would like to be treated. Be honest, admit you need help, allow yourself to be vulnerable, drop the bravado and the mask, work hard and don't listen to people who talk rubbish because they are afraid of stuff they know nothing about. The person who is most likely to mess up your life in the future is not a psychologist, a prison officer or an offender manager, it's YOU. And conversely, you are the only one who can make it a success, by making good choices and accepting help. Choose negativity, paranoia and lies again … or choose positivity, openness and honesty. It's up to you. Stephen Cousins is currently resident in HMP Whatton
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Comment
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We are not amused … the pitfalls of ‘selective editing’ Daniel Chadwick compares the media’s ability to ‘selectively edit’ to methods employed by certain prison report writers n June 2007, certain sections of the media announced with barely disguised glee that the BBC was guilty of ‘selectively editing’ footage of the Queen to imply that she had left a portrait session ‘in a huff’ because the photographer asked Her Majesty to remove her tiara. It transpired, after strong complaints from Buckingham Palace, that the Queen had not in fact left ‘in a huff’ but had simply quit the session as arranged. The BBC was deeply embarrassed, and duly apologised to the Royal Family and the viewers whom it had wilfully deceived.
I
But should it really surprise us that we were duped in this way? After all, ‘selective editing’ is part and parcel of the media industry’s creation of what Benjamin Barber (2003) calls ‘infotainment’. What makes this particular incident notable is the fact that it was the BBC who enabled the fiasco, not some scurrilous independent television company out to make a quick buck. We have come to expect the highest standards from the BBC in terms of reporting in a balanced and truthful way, and yet it now seems that they too are guilty of manipulating facts to create a juicy story. ‘Selective editing’ in this sense is a form of propaganda, and we should be on our guard against it, and whilst editing is of course always selective; what is meant here is the excessive selectivity that distorts the actual truth. For those who have experienced the sometimes-exasperating methods of prison psychology departments and the former probation service this story may have brought a wry smile to their faces. The manipulation of facts through distortion, exaggeration and suppression is, it would seem, fairly common practice in the compilation of reports, especially for offending behaviour programmes. A favourite device is to emphasise particular statements by placing them out of context in order to support a bias against the offender, and to fit the statement into an offending category or model. One is sometimes aghast to come across such misrepresentations of one’s actual words. For this reason, people may attempt to restrict what they say which, of course, defeats the object of attending therapy in the first place.
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We should bear in mind that science is never value-free, and tends to reflect the biases, prejudices and assumptions of individual scientists, particularly where they are aiming to support a favoured theory or model. This is especially relevant when it comes to the human-focussed disciplines such as anthropology, sociology and, of course, psychology. It is, however, debatable whether psychology is a science at all. The philosopher Thomas Kuhn (1962) argues that, because there is no global consensus as to the main features and methodology of psychology (i.e. a ‘paradigm’), then psychology ought to be regarded as a pre-science, in much the same way as alchemy prefigured chemistry. If this view is accepted – and there are strong grounds for doing so – then how much more scope is there for bias and conjecture in psychology than in the physically-based sciences which rely on solid data and measurement?
For some it may come as no surprise to learn that prison psychology departments are as culpable as the venerated BBC for ‘selective editing’. After all, they rely upon certain theories of offending behaviour, which often depend on dubious statistical research. For some it may come as no surprise to learn that prison psychology departments are as culpable as the venerated BBC for ‘selective editing’. After all, they rely upon certain theories of offending behaviour, which often depend on dubious statistical research. Regarding this practice in psychology, the eminent psychiatrist C.G. Jung said: “While reflecting an indisputable aspect of reality, it can falsify the actual truth in a most misleading way [and] displaces the individual in favour of anonymous units that pile up into mass formations.” It often seems that some psychologists are intent on crudely trying to force square pegs into round holes and the harder they hit, the more damage they cause.
Of course, no one would deny that prison psychology departments and the probation service have a difficult and highly responsible task to perform in terms of protecting the public, but the dangers and limitations of an over-generalising approach must surely be apparent. More benefit of the doubt should be granted to participants in therapy where it is difficult or even impossible to pigeon-hole a particular statement, opinion, or act; it should not be distorted or ‘de-contextualised’ in order to bolster preferred methodological viewpoints, e.g. the Thornton Risk Matrix. Rather, as in science proper, the model or theory ought to take second place to facts with which it does not accord. Too many prisoners, in my view, come to feel aggrieved and disconcerted at the way they are represented in reports, and at how their sense of individuality is eroded to fit them into various risk and offender categories. A psychology that upholds the individual’s right not to be misinterpreted by artificial abstractions and conjecture would surely be more humane and constructive than the current ‘prediction and ‘control’ ethos. There is, after all, a fine line between vigilance and paranoia. ‘Selective editing’ in the writing of reports tends to warp the facts and, as such, undermines the therapeutic process. I fear that prison psychologists and probation officers are pressing ahead with rigid, outdated methods and ideas which are, paradoxically, putting the public at risk because of their effective unreliability.
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The ‘selective editing’ of prisoner’s reports may be a sign that current offender psychology practice is losing confidence in itself, and is struggling to maintain a united front in the face of obvious public and academic criticism, namely its inability to noticeably reduce rates of re-offending. The creation of ill-defined, catch-all categories seems to imply that this type of applied psychology is determined to avoid a thorough re-evaluation. Similarly, the very limited rights of appeal granted to prisoners who are unhappy with their reports suggest that psychology departments are loath to tolerate any form of criticism. In the prison environment, it is easy to assume a faceless, dictatorial stance. For this reason, offender psychologists (and the probation service) should aim to be less concerned with behaviour control by means of a rigid, reductive outlook than with the endeavour to be facilitators of self-discovery and positive change. Daniel Chadwick is currently resident in HMP Usk
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Issue 53 November 2003 Reports on a new policy to test Prison staff for alcohol and drugs
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Comment
Land of the second chance? Ken Hanson highlights political expediency and the general public’s unwillingness to forgive offenders
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or the Southern end of the Inside Time readership this article might seem a little parochial but I suggest the issues raised are symptomatic of a much wider social malaise regarding ex-offenders. At a recent Labour Party fundraising event Owen Oyston, the former Fylde coast estate agent magnate and chairman of Blackpool football club, donated a large amount of money to the cause of New Labour. In a high profile and somewhat controversial case, Oyston was convicted of the rape of a young model and was subsequently jailed. With his flamboyant, extrovert personality, and the nature of the offence, Oyston was never far away from the attention of the tabloid press. Gordon Brown's visceral reaction to Oyston's donation was characterised more by political instinct than intellectual consideration and Brown ordered the immediate return of Oyston's money. There is a serious issue raised in this particularly alarming example of political expediency and the general unwillingness to forgive, so aptly demonstrated by the Prime Minister. Whether you love him or hate him, Owen Oyston has served his time, paid his dues to society, and is free to carry on with the rest of his life. Society has taken its retribution. Oyston's criminal act of sexual wrongdoing has been avenged - his punishment completed. It is not possible to say how his victim feels but that is not the point of this argument; true justice should not exclusively be about punishment but also about restoration and rehabilitation. Having served his time within the framework of the present punitive system, Oyson should be able to say: "I have paid my dues and the slate is wiped clean”. Owen Oyston is a wealthy man, wealthy enough to be capable of providing a significant monetary contribution as an expression of support for the political party of his choice. The fact that this donation was thrown back in his face is endemic of the contempt that society has for people with a criminal record. Prisoners can have all the grandiose ideas and prerelease aspirations they want, but the grim reality is that once branded a convicted criminal they are forever tarnished in the eyes of society. The Oyston case graphically illustrates the point, and he is a man of privilege and
wealth. It is also worth remembering the two former members of the Conservative political party hierarchy; Jonathon Aitkin and Lord Archer. Both jailed, both socially ostracised, neither really allowed back into society; both regarded as social pariahs and seemingly never to be allowed to regain their former glories. So what chance does the run-of-the-mill convicted criminal have? There is a real life example of the prejudice that exists against offenders going on right now against a prisoner currently held here at Garth.
Eighty thousand people currently incarcerated in Britain's jails do not seem set to receive a fair second chance if Brown's attitude is the barometer of society's welcome following an offender's eventual release. Jamie Trench-Jellicoe is a relatively young man with all of his life in front of him. Jamie is the first to admit that an addiction to drugs was the causal factor of his offending behaviour. His first important priority on entering prison was to embark on a drug detoxification programme. To the immense credit of the professional help available within the Prison Service, and Jamie's tenacity to rid himself of his drug dependency, the two parties working in tandem have solved his drug dependency. Jamie has been totally drug free for the last three years, which is a great testimony to the help he has received, especially during his time at Garth. In tandem with resolving his drug dependency problem, Jamie availed himself of the opportunities that Garth provides to improve his educational abilities. A combination of computer and mathematic related Open University courses, and his enthusiastic attendance at the Garth PICTA workshop, have provided Jamie with the credentials to be admitted to Lancaster University to study a degree in Computer Sciences. Jamie is presently awaiting the outcome of his parole application; a guaranteed placement at a prominent University would obviously
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weigh heavily in his favour. Sounds like the perfect example of how to sort yourself out in prison? Jamie has got himself drug free; worked really hard; and has been rewarded accordingly. However, if you thought the story has a happy ending you would be wrong! Jamie had applied to the University Admittance Department, clearly stating that he is resident in HMP Garth and serving a prison sentence. He also informed the University that his potential starting time would be dependent on whether or not his parole application was successful. On the very day that Jamie's parole dossier was being posted, the great news arrived that his University application to study Computer Sciences was accepted. Jamie enclosed the offer to study in with his parole papers and hoped that this news might impact beneficially on his parole application. Disappointingly, the University Admissions Reviewing Board have now rescinded their earlier offer to Jamie; on the grounds that his index offence is too much of a risk for them to take. The two cited examples of Owen Oyston and Jamie Trench-Jellicoe make it apparent that no matter how hard a prisoner tries, or how much money he may have, the stigma of a criminal conviction will never go away. Jamie was imprisoned for a druginduced, drug-related crime, but the University of Lancaster, reflecting society, are just not prepared to give him a second chance. A media that targets and enlarges every single instance of an ex-prisoner reoffending creates the moral panic that currently grips the United Kingdom. This is prevalent at local, regional and national level in newspapers, radio and television. The result is a situation where prisoners like Jamie cannot benefit from the re-training and rehabilitation process that is ongoing in so many of our prisons. There seems little or no point in spending millions and millions of pounds on preparing prisoners for release when the Prime Minister himself provides evidence of a culture that will not give ex-offenders a second chance. Recidivism is the contemporary buzzword relating to the high percentage of reoffending currently being committed by prisoners allowed back into the community. By definition, a recidivist is a person who constantly commits crimes and is not dis-
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Unless a cultural change is swiftly implemented, high re-offending rates are inevitable. Rudyard Kipling wisely said: “To err is human, to forgive divine”. Having returned Oyston's lucre, Gordon Brown looks all set for being thoroughly unable to put a cultural sea change into effect with forgiveness to the fore. This is all the more surprising given his Scottish Presbyterian upbringing; a religious denomination steeped in Christian tradition and faith; a faith whose very foundation is based on confession, repentance and forgiveness. Eighty thousand people currently incarcerated in Britain's jails do not seem set to receive a fair second chance if Brown's attitude is the barometer of society's welcome following an offender's eventual release. It seems like all offenders have to fight the double whammy of a prison sentence and the inevitable ostracizing from mainstream society. Jamie is fighting this injustice in the manner of a man who is certain he deserves a second chance. Against the odds, he has appealed the University Admission Board decision because they have not interviewed the person behind the application. He does not want to waste the opportunity for a better future, nor waste all the hard work he has done whilst incarcerated. He has worked in harness with the Prison Service to overcome a debilitating drug addiction and obtained valuable academic qualifications – so surely deserves a second chance? It now remains to be seen whether he will be given one.
Ken Hanson is currently resident in HMP Garth
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couraged by being punished. A revised definition might now be in order: ‘a recidivist is a person who, no matter how hard he or she tries to shake off the stigma of prison, eventually gives up trying and ends up back in prison’. The 1974 Rehabilitation of Offenders Act makes it compulsory for convicted criminals to disclose to prospective employers details of their criminality. That is right and proper but more often than not, the ex-offender seeking employment receives the all too familiar 'knock-back’. The ‘knock-back’ culture of jail continues on the outside for the majority of released offenders in all manner of social interactions; donations to political parties and University applications included.
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Comment
Insidetime October 2007 www.insidetime.org
21
HiFi’s turned up, people yelling at each other, it can cause the device to ‘cut out’ to protect the user from the noise. You don't like everyone shouting while you are speaking to your loved ones on the phone, so why expect others to put up with it when you create the noise?
Are you listening?
If you see someone with a Text TV or subtitle generator connected to their TV, don't start reaching for your bell or shouting ‘Where's mine then?' If there are subtitles on the video film being shown, don't start moaning ‘I can’t see the film’ or ‘Turn off the bloody words, I can’t understand the film with them on' … spare a thought instead for the person who needs to read what is being said, rather than listening to what is being said.
Garry Davies questions attitudes to deaf people and offers suggestions that, in his view, would make life far easier for all concerned
Q
uite frequently, articles in Inside Time make you think about your own situation and ‘Disability Discrimination’ in the September issue certainly did with me because, not for the first time, it had me asking the pertinent question: ‘What does it feel like to be deaf?’
very little hearing left, even then only the low tones. So if the fire alarm starts to sound I may not be able to hear it and have to carry a pager linked to the alarm system and rely on others to inform me of any dangers.
Why do people take offence if they don't have an instant reply? Even start to get physical because they imagine you are ‘Dissin’ them by ignoring them? Getting to the stage of shouting and then starting to chant what they are saying.
Deaf people are not asking to be treated as ‘special’. We are not asking for any favours, well, maybe just this one … if you want to speak to a deaf person, let them see your face ... Speak clearly and be prepared to repeat words or even sentences.
Have you ever thought I may be deaf? So what exactly does it feel like to be deaf? You ask that question to some people and you will get replies back such as: “Great, it means I can't hear my bird moaning” or “Good excuse to ignore an order being given” or even “It means I can play on it and get sympathy”. Take it from me, you don't want the last one, you don't want sympathy and then to be treated as if you have no brain. What I would like is empathy towards how I cope with day to day life, especially within a prison surrounding. In some of the establishments they offer help and equipment in line with PSO 2855. In others, ‘No one is saying anything, so it won't matter’ or ‘It does not apply to this establishment', but what if someone is saying something, what happens then? Myself, well, as you may gather, I am deaf. I am classified as ‘profoundly deaf’ or what you would call ‘stone deaf’. I have
Consider this comparison as the level of hearing I have. If you have a CD player try this; put on a CD, turn the volume to number ten, which is normal everyday level of hearing. Someone who has normal hearing can listen to ordinary ‘background' noise along with normal speech. Now turn the volume to number one - notice how quiet it has gone? Can you still hear everything very clearly as it was on number ten? This is the level of hearing loss I suffer. What about watching your favourite TV programme? Listening to your favourite
music? You will soon start to feel isolated if you kept it up for any length of time. Why don't you try having the TV on the lowest volume level all night and see how you cope? ‘The Bill is on', ‘Football is on and I'm not missing that for anyone'. The excuses will start to pile up, yet what about the deaf trying to understand the same things as you?
Deaf people are not asking to be treated as ‘special’. We are not asking for any favours, well, maybe just this one … if you want to speak to a deaf person, let them see your face and stand in a good light so they can see your face. Speak clearly and be prepared to repeat words or even sentences. After a while you will forget you are speaking to a deaf person and may even look away - don't worry, it's natural, we are all human. Garry Davies is currently resident in HMP Acklington
‘But you have hearing aids' you start to maintain. Yes I do, and with excellent results as well. What they do is allow hearing in a ‘normal spoken environment’ but there is a twist to this! Even with these fantastic devices, I still only ‘hear’ three out of five words; my brain is conditioned to fill in the missing words. It can sometimes be fun, but at the same time it can lead to quite a degree of confusion.
Inside Time writes:
I can also ‘lip read’. This helps to fill in the words, so long as I can see the lips move, and the person speaks normally and does not exaggerate their speech because I am lip reading. The last comment is what 99.9% of people do, without thinking. They imagine they are helping but they are not, they actually make it harder to understand and being asked to repeat it, speaking normally, makes the deaf person feel patronised, and the speaker gets annoyed.
> insidetime 100th issue
Even using the telephone can be difficult. You may not know this, but nearly all hearing devices have an ‘induction coupler’. What is this? It means that instead of using a microphone it then picks up on the electrical impulses in the handset and converts to sound without interference. However, if there is a lot of noise, shouting,
The Prison Service now has a duty to provide support and items under the Disability Discrimination Act 2005. Prison Service Order 2855 states what services, equipment and facilities should be offered to comply with the Law.
Issue 57 March 2004 Archbishop Desmond Tutu addresses the third Annual Longford Lecture in London on the same day the prison population reached a record high 0f 75,000
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Comment
Insidetime October 2007 www.insidetime.org
British Transfer Treaty with Thailand ‘deeply flawed ’ say British prisoners in Bang Kwang On a recent stopover in Bangkok, Eric McGraw visited Bang Kwang prison and spoke to some of the British nationals. Here Steve Bristow, a prisoner serving a 261/2 year sentence, explains to him the ‘absurd situation’ where determinate sentence returnees end up serving a much longer prison term than returning ‘lifers’. Lyle of the F.C.O.’s Human Rights division when she paid a ‘factfinding’ visit to some of us at Bang Kwang in the latter part of 2006. Ms Lyle maintained that it was ‘impossible’ for the British Government to alter its policy and support our pardons because then ‘we’d have to do it for everyone’. By this I assumed she meant that the policy would have to change to support pardon petitions in other countries. I couldn’t quite grasp the logic behind her argument because in any event government policies should be designed to protect all British citizens no matter where they are.
S
ince the Anglo-Thai Repatriation Treaty was signed, British prisoners held in Thailand have come to realize that this Agreement is deeply flawed because of the effect that British domestic law has on how a prisoner’s sentence is administered once he is back in the UK. British Domestic law provides that a transferring ‘life’ sentence must have a ‘tariff’ attached on return, whereas those on a determinate sentence cannot have their sentences re-examined and must serve the full sentence handed down by the Thai courts. This throws up the absurd situation where determinate sentence returnees end up serving a much longer prison term than that of a returning ‘lifer’ whose tariff will be based on current domestic sentencing guidelines for drug offences. Those of us unfortunate enough to find ourselves serving a determinate sentence for drug offences here in Thailand realize that not only is it necessary that a re-negotiation of the terms of the Treaty takes place but also a change in UK domestic law is required to have any chance of redressing the problem. We know that this is not going to happen because the Foreign and Commonwealth Office have made it clear that agreeing prisoner treaties with new countries is their priority, not re-negotiating existing ones. Also a change in UK domestic legislation is highly unlikely to ever come about for the sake of only a dozen or so Brits facing this problem after being convicted in Thailand. One area that substantial assistance could be offered by the British Government, without any need for change in existing agreements or legislation, is by providing support and backing in our individual petitions to secure a Royal Pardon from His Majesty the King of Thailand. The Thai justice system allows that once a convicted prisoner’s case is over in the courts, he has the right to petition for a Royal Pardon. This is a lengthy process lasting several years but can result in a full or partial pardon, or indeed no pardon being granted at all. One thing that is clear is that those foreign prisoners who submit a petition will be most likely to be granted a full pardon and returned to their countries if their petitions are supported by their government. Records show that when a pardon is backed by the authorities of the prisoners’ home nation it is almost always granted. T.Osmani & Co. is a leading East London quality accredited legal aid law firm delivering a dedicated criminal appeals only service. We can assist you with applications to the Criminal Cases Review Commission and to the Court of Appeal. Find out if you qualify for free help - contact T.Osmani & Co. ,121 Woodlands Avenue, London E11 3RB
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We know from experience that the vast majority of countries give their support to a citizens pardon petition in some form or another. Some give partial support using diplomatic channels, while others give full support unconditionally. Sadly, and much to our disgust, the UK is one of only a few nations worldwide whose government have specific policies that provide that NO support is given unless the prisoner qualifies through ‘exceptional circumstances’ such as suffering a terminal disease or becoming the only remaining parent of a minor. Basically, when it comes to pardons we Brits are on our own. In December 2006, I wrote to Lindsay Thompson, the ‘Thai Desk’ at the Foreign and Commonwealth Office, asking for an explanation as to why the British government have deliberately chosen to embark on a policy which discriminates against it’s own citizens held in Thai prisons. In particular, why this is so when our government is fully aware that justice does not prevail in Thailand at any stage of a prosecution. I also took the opportunity to remind her of the appalling conditions that British nationals are forced to endure, and that such conditions fell far below even the most basic of internationally agreed standards. I
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wanted to know why it was that despite being fully aware of the sub-human conditions and chronic overcrowding in all Thai prisons, the British Government continued to enforce its policy of zero support for British prisoners when it came to pardon petitions? A simple solution to this problem without any need for altering the treaty or introducing new legislation, I suggested to Ms. Thompson, would be to follow the Australian and New Zealand examples whereby their governments offer full support as a matter of policy to their own citizens imprisoned in Thailand, once an individual had served an equivalent sentence term to what they would have received if they had been convicted of a similar offence in their home country. If such a policy were implemented, it would offer British citizens imprisoned in Thailand a sensible and fair solution to the problems created by the Anglo-Thai Transfer Treaty and British domestic law because it would dramatically increase their chances of receiving a pardon once they had served the part of their sentence that British law clearly felt appropriate. We discussed these points with a Ms. Tara
I find it hard to believe that there are many nations, if any at all, that have a pardon system similar to that of Thailand’s, and whose sentencing guidelines come anywhere near to matching the outrageously over the top lengthy terms handed down by Thai courts. I think it would be a challenge to find similar arrangements anywhere else and consequently it’s difficult to see the relevance of Tara Lyle’s argument. Clearly, the only British prisoners seeking government support for a Royal Pardon are those that are imprisoned in Thailand.
Steve Bristow is currently serving a 261/2 year sentence in Bang Kwang prison, Bangkok for possession and distribution of 24 grams of a class A drug. It is now seven months since Steve Bristow’s original letter was sent to Lindsay Thompson at the Foreign and Commonwealth Office in London. As yet the letter hasn’t even been acknowledged, let alone answered despite being recorded at the British Embassy in Bangkok as having been delivered to her. A follow-up note was also sent via the Embassy two months ago but that too failed to elicit any response.
Steve Willcox* is serving 33 years and is expected to be transferred to the UK in December. In the UK his drug offence would have attracted probably 33 months rather than 33 years. His website is: www.steveatbangkwang.bravehost.com
Comment
Insidetime October 2007 www.insidetime.org
British injustice David Ferguson questions why the media conveniently chooses to ignore or pays scant attention to blatant miscarriages of justice If this were indeed the case, these wrongful convictions would never have occurred in the first place. In the majority of instances that are eventually proven to be miscarriage of justice cases, it is common to find that either evidence indicating the innocence of the accused was suppressed by the Crown's representatives, or that the initial police investigation failed to adequately explore the possibility of the innocence of the accused. he Human Rights Act is often berated in media circles as affording the convicted advantages it is considered they no longer deserve - witness the many column inches recently in the case of Learco Chinano, who murdered schoolteacher Philip Lawrence. Why then is there not the same furore and indignation when the legal system fails wrongly convicted individuals by not upholding the right to a fair trial?
T
Many questions have been asked recently regarding the rights of the convicted as opposed to the rights of the victim. Normally at the very forefront of the debate is the use of the Human Rights Act. One of the Act's foundations is the right to a fair trial, which in theory should result in the correct verdict being handed down by a jury of everyday peers. In view of this ‘right’, it is interesting to note that in England and Wales, between 1996 and 2006, 175 people accused of either murder (138) or manslaughter (37) subsequently had their convictions quashed by the Court of Appeal. In all these cases no retrial was ordered. Further to this, 106 (90 for murder and 16 for manslaughter) were then cleared upon retrial. This gives a total of 281 people wrongly convicted for the most serious of crimes. This of course does not account for wrongful convictions in areas of assault, rape, fraud, robbery etc. In each and every case, it could be argued that the individuals concerned must have had their human rights infringed upon as a result of an initially flawed judicial process. After all, the British judicial system promotes itself around the world as being a shining beacon to which many other countries aspire.
Wherever this is the case, the wrongly convicted individual has had their right to a fair trial breached. Yet how often do we hear or see the media in uproar in support of such examples? A recent study conducted by Northwestern University, USA showed that out of 290 non-capital cases held in four cities between 2000 and 2001, judges were mistaken in their verdicts 12 per cent of the time, whilst juries were erroneous 17 per cent of the time. Of even more concern is that juries were found to send innocent people to prison in 25 per cent of cases, and that the innocent stood a 37 per cent chance of being wrongfully convicted by a judge. Whilst this study was conducted in America, and limited to only four cities, it clearly indicates the propensity for a trial by jury system to convict the innocent; even more so when the figures for wrongful convictions for murder and manslaughter in the UK over a ten-year period are considered. Perhaps the media should start to concentrate on the judicial system’s failure to uphold the right of a fair trial in all miscarriage of justice cases, rather than concentrating on prisoners’ use of the Human Rights Act to protect basic rights once convicted whether rightly or wrongly. After all, the loss of even one day’s freedom for the innocent individual is immeasurable. Yet in many cases the wrongly convicted will face years of detention before the judicial system’s error is finally corrected. David Ferguson is currently resident in HMP Whitemoor
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❝Quote of the month❞
❝
The thug that sums up Putin’s rule
If President Putin is finding it hard to choose a successor, I have the perfect candidate. Step forward Andrei Lugovoi, the man Britain accuses of poisoning the exiled dissident Alexander Litvinenko. It’s not just that Lugovoi looks uncannily like Putin, has a KGB background and shared Putin’s underworld’s manners. He’s also a public hero. At every turn, as Lugovoi proudly tells reporters, he is besieged by autograph-hunters. People want to shake his hand. And given the way the media have cast his alleged victim as a traitor who spied for Britain, that’s not surprising. The list of the dead man’s “unspeakable crimes” grows by the day, his “treachery” so heinous, any right-minded citizen would salute the “patriot” selected to carry out his execution. The smooth-faced thug, Lugovoi, is a symbol of what Russia has become under Putin: “A smug country getting off its knees and reaching for its gun”.
Andrei Piontkovsky - Novaya Gazeta Moscow September 2007
❞
24
Comment
Insidetime October 2007 www.insidetime.org
The lowdown from Low Newton A list of recommendations has been sent to us from the women’s prison at Low Newton on how the content of Inside Time could be changed to embrace female prisoners. Former prisoner Lucy Charman looks in detail at their comments and concludes that if women want more representation they have got to start writing. I am not going to take each of Low Newton’s reccomendations and give the opinions of the other women prisoners consulted because some can be answered under one umbrella. However, we all took issue with one particular statement, which I shall quote verbatim:
Lucy Charman
I
Where are the positive images of women? In this issue there are six pictures of women which are sleazy (pages 1, 11, 12 and three on page 18).
nside Time recently received a missive from female prisoners at Low Newton; the ‘report’ and accompanying recommendations was a well put together exercise by women who considered that Inside Time was sexist. They had taken a specific issue (June 2007) and gone through it specifically to pick up this perceived idea that the paper is sexist. Inside Time, who were justifiably worried that they might have been complacent in their approach to the female prison population, consulted some others from the female prison estate for their views on the paper and the ‘report’.
The dictionary definition of sleazy is ‘flimsy, shoddy, shabby’. Some of the other women consulted didn’t even think the statement worthy of comment but I couldn’t let it go. I don’t think that by any stretch of the imagination any of the photos could be considered ‘sleazy’, or any of the definitions thereof. For those of you that do not have access to the June issue, allow me to explain. On page 1 was a photo of Paris Hilton leaving jail; yes she had on a very short skirt, a fairly tight tee-shirt with the slogan ‘That’s hot!’ and in contradiction to said slogan, fur boots! Sleazy is not a word that springs immediately to mind. On page 11 was a photo in the tongue in cheek ‘News in Brief’; a young lady flashing a side view of bare thigh and bum - probably the worse for wear but nonetheless showing an all too familiar scene of the ladette - many of whom probably end up reading Inside Time; embarrassing rather than sleazy. On page 12 was a pretty girl, obviously on her holidays, dressed in a bikini and enjoying a fish meal; illustrating the accompanying Newsround item on eating fish for a brighter baby – could an item be more directed at women? This featured alongside two other items directed specifically at women – both about pregnancy! Also on this page was a photo of a very fit male torso … didn’t hear any complaints about that from either side about ‘sleazy’ or men shouting ‘sexist’. Finally, on page 18 there was a montage of photos to illustrate an article on Diversity; Low Newton claimed 3 sleazy photos – I had a
The very first point that Low Newton made was that there were not regular female contributors. Rachel Billington, Jane Andrews and yours truly might take exception to that statement, particularly since all three of us had contributions in the June issue! Granted, our contributions may not have been in ‘mailbag’ or ‘comment’ … but they were there! It was agreed by those that were asked to reply to the ‘report’ that it is not Inside Time’s place to approach contributors, a suggestion to this effect was put forward, basically if the spirit moves you – put pen to paper. Having said that, the paper is inundated with mail and John Bowers tries hard to choose contributions relevant to prisoners overall; whether written by a male or female. When a letter is signed J Smith, HMP Brockhill, if you, the reader, are not up to speed on which are male and which are female prisons then how can you be sure who it is from (my apologies to any J Smiths at Brockhill). I use Brockhill as an example because it is one of the prisons that I am aware has changed sex!
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Insidetime October 2007 www.insidetime.org job to find two. The most salacious could be the fairly well endowed lady who appears to be advertising a bra – difficult to sell a bra without showing one. Sleazy, in my opinion, is page 3 stuff; top shelf magazines; and shops with blacked-up windows, but not the photos shown in Inside Time in their June issue and believe me, if I thought they were then I’d say so! They asked in the report about the lack of positive images of women, therefore they obviously did not get to the back page and the excellent piece on rehabilitation and the Italian prison fashion show. The Low Newton report discussed a number of subjects and topics that they would like to see in Inside Time, and these met with a mixed reaction from the other women consulted. Articles on cell cookery and beauty tips using food obtained in prison would not be responsible from a health and safety point of view, and the different approach that so many establishments have regarding the nature of foodstuffs allowed to be kept in cells; how frustrating to read how to cook rice in your cell when you don’t even have a kettle! The suggestion of ‘in cell’ workouts is not to be dismissed - it could also incorporate a section on yoga by the Phoenix Trust and meditation tips. Unfortunately a ‘problem page’ was not received with open arms especially when anonymity was requested. To gain any credibility and ensure the integrity of the paper’s editorial team, contributions should be named – apart form anything else, how will you know the reply is addressed to you if your name is not supplied. If a submission was of a particularly sensitive nature, and worthy of publication, an exception of course could be made. A page of poetry and artwork produced through creative writing and art classes was suggested, again not something to be dismissed out of hand but not a regular subject. Work of this nature can be submitted for the Koestler Awards, in-house displays, and on the female side submitted to an excellent magazine ‘Women In Prison’. The women who submit their articles to WIP do not appear to be in fear of bullying or ridicule, as suggested in Low Newton’s report, so why should they feel that having a contribution published in Inside Time should put them at risk?
One positive suggestion was an invitation in Inside Time to submit contributions on a topic chosen by the paper. Articles from male and female prisoners would be published, therefore giving an insight into how the different sexes view the same subject. Another positive suggestion approved of was regular items and contact details on various organisations that would be helpful to prisoners; e.g. Gingerbread, Terence Higgins Trust. It is widely accepted that not every establishment has the resources to provide all the information on the various charities and organisations but the library is a good place to start! I scanned the whole of the June issue and in all honesty could find only one page that could be deemed solely for one sex - the items on pregnancy - and unless I’m very much mistaken, that would be just one for the girls. I certainly have no wish to denigrate the work that went into this exercise by the women at Low Newton but I would make two observations: 1. All but the items on pregnancy covered the needs and interests of male and female prisoners; the letters pages were about half and half male/female contributions. 2. None of the suggested topics for inclusion were female specific. Men have problems; they want in-cell exercises, they worry about their kids and families – it is not a female prerogative, and if Inside Time starts making exceptions to keep the female estate happy then men will demand equal rights and the content they may request doesn’t bear thinking about! The point made by women at Low Newton was to ensure that the paper had a female perspective; the general opinion of those asked to respond was that the paper should stay neutral to prevent a war of the sexes. All regular contributors started by sending in an article on something they felt strongly about or, in my case, a word-search. I wonder how many of the Low Newton prisoners who took part in this exercise have actually submitted anything? It is my belief that if Inside Time were to depend on articles, letters, legal questions or whatever from female prisoners then the paper would indeed be a very thin publication. If you want articles from female contributors … start writing!
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HMP Low Newton report and recommendations on the content of the June 2007 issue of Inside Time: 1) Current regular writers are male (Ben Gunn, Charles Hanson). Why not contact female contributors to write for the comment page? One to be included each month to ensure a visible female perspective. 2) Where are the positive images of women? In this issue there are six pictures of women which are sleazy (pages 1,11,12, and three on p18). 3) One useful proposal would be to use comparative points of view. Each month, select one male and one female contributor and ask them to write about the same issue. This would allow for a better understanding of how the other half live in prison. Themes could include ‘Family’, ‘Thoughts after Lock-In’, ‘The Average Day’, ‘Bullying’ and ‘Course Availability’. 4) Many female establishments offer creative writing. For this reason, as well as others, a poetry page may encourage female contributions. Poetry should not be seen as a ‘soft’ option. 5) Every woman's magazine seems to have an Agony Aunt page that is popular with readers. Could Inside Time have one? It would draw attention to the types of situation and/or emotions that readers are having to cope with, at the same time providing help and support, and letting readers know they are not alone. 6) Perhaps a ‘snippets’ section would be useful? Many readers could contribute just one sentence. It could be to do with texting. ‘The text you would send if you could....' This could follow any theme. 7) Having resided in female establishments, I've noticed a sense of hopelessness. ‘What's the point of complaining? Nothing changes'. Perhaps there could be positive articles detailing positive change - even on a small scale - which have occurred as a result of pursuing a complaint. 8) Why isn't there an ‘in-cell’ cookery page/ article? There are foodstuffs that can be ‘cooked’ safely in the cell. 9) Why isn't there an 'in-cell' work-out section? Not everyone wants to go to the gym - particularly if they are already fat or unfit. 10) Why isn't there a ‘beauty’ section? There are many beauty techniques which can be used cheaply in prison - many using foods the prison provides.
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11) Why isn't there a ‘nutritional’ section? Many women are concerned by their weight. (I am sure men are too but, never having resided in a male establishment, I can't definitely state that!) There are many women putting themselves on restrictive diets which can be detrimental to their health. 12) Too much of Inside Time is directed towards the male audience. I appreciate this is because the majority of the contributions are from males. Perhaps while waiting for more female contributors, one of the regular journalists, such as Rachel Billington, could look more closely at female establishments? 13) There are distinctive differences in the way staff behave in male and female establishments. Perhaps each month a challenge could be set to ask a question of a member of unit staff and record the response, e.g. ‘where will I find the address for the Prisons and Probation Ombudsman?’ Or, ‘can I have a general application form?’ 14) Sexism is rife within the prison system. This has resulted in women being expected to be more submissive than men. Ideally to encourage female contributors we need to address the sexism in the prison system. 15) Self-esteem is an issue for the vast majority of women in prison. Is there a way to incorporate self-esteem exercises in Inside Time? Self-esteem courses in establishments are very rare. 16) Perhaps prisoners could be asked to give questions for an interview, e.g. ‘If you were able to arrange an interview with Neve Campbell for the November issue what would you ask?’ Notice could be given well in advance inviting people to submit questions for the interview. 17) We need to consider different types of convictions in male and female prisons. Is there a gender/offence divide? Could this information be used to make more articles relevant to women? 18) You need to highlight the fact that name and location need not be printed in Inside Time. 19) A few women were concerned that by writing to Inside Time they might encounter bullying from prisoners or staff. Could letters for the legal advice page be sent as confidential? 20) Is it possible to have a ‘contacts’ section? Not for penpals but for the various organisations we can contact for advice and support,
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Comment
Insidetime October 2007 www.insidetime.org
Assumption and speculation Eamonn Anderson argues that the ‘zero tolerance’ policy adopted by the probation service is to protect its image n my view, one of the worst decisions ever made within the criminal justice system was to allow the probation service the power of recall to return former prisoners to jail whom they claim to be in breach of licence conditions.
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the purposes of recall. And it’s high time former inmates, the criminal justice system and even the taxpaying public were afforded some kind of ‘protection’ from irresponsible or panic-stricken probation staff who consistently abuse the recall system in order to justify their existence.
Obviously powers of recall are justified in cases where new convictions have occurred or where offenders are blatantly breaking licence conditions with absolute non-compliance. Yet the probation service is repeatedly abusing its powers by recalling ex-offenders to prison for very minor breaches of licence, such as being late for appointments and, on occasions, on the basis of assumption, speculation or concern over a person’s overall behaviour, when in fact the individual is clearly going through a difficult period upon release and needs support - not being dumped back in prison.
The probation service appears overtly keen to maintain its squeaky-clean image and avoid being held accountable if an exoffender re-offends whilst on licence, especially following certain serious and well publicised cases over recent years whereby innocent people were murdered whilst little was apparently done by way of effective monitoring of the offender. Yet following fierce criticism from the media in such cases, the probation service has now adopted what amounts to ‘zero tolerance’ in order to protect its image, with members recalling inmates by way of knee-jerk reactions which amount to panic measures, self-protection of its image and avoiding accountability if something goes wrong.
In order to justify such actions, the probation service attaches powerful, emotive words to their reports such as ‘heightened risk’, ‘raised concerns of re-offending’ and ‘danger to the public’. Words and terms that disguise the very minor infringements that have occurred leading to the person being deemed in breach of licence; recall is immediately instigated and the onus of responsibility then falls on the injured party to convince the parole board the recall wasn’t necessary, and such irresponsible action by the probation service takes months for the recalled inmate to resolve in order to be re-released. And of course with no guarantee that the exact same process won’t occur again throughout the remainder of the person’s sentence until its expiry. This is not necessarily a gripe by a recalled prisoner, because even police and prison staff frequently shake their heads in disbelief at certain of the reasons probation use for
L A T I F A D A M S S O L I C I T O R S
Any probation officer who recalls someone to prison should be challenged to see if such an action was justified or warranted and if not, they should be severely reprimanded or demoted Once former prisoners have been recalled by their offender manager, the buck of responsibility passes back to the parole
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board to re-release, thus they avoid responsibility if the proverbial hits the fan at a later stage. Anyone who doesn’t recognise that as fact is either stupid or blind to reality. The probation service is famed for using the terms ‘accountability’ and ‘responsibility’ when recommending courses for offenders past and present, but surely it’s high time they themselves took responsibility and were made more accountable for their actions? Any probation officer who recalls someone to prison should be challenged to see if such an action was justified or warranted and if not, they should be severely reprimanded or demoted, because such actions seriously impede the offender’s prospects of rehabilitation, affect the lives of their family and children, and doubtless contribute in no small manner to ex-offenders returning to criminal activity because going straight is difficult enough without having probation breathing down your neck with their fingers hovering over the recall button.
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Eamonn Anderson is currently resident in HMP Bullingdon
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Such actions border on totalitarian and tyrannical behaviour, and if permitted to continue with the misguided power they are currently displaying, they’ll soon be goose-stepping into courts or wearing manic expressions which match the manic decisions they are permitted to take and make about people’s lives and futures. On any given day of the week, an ex-offender who is working and trying to go straight and rebuild his life can suddenly be taken back into custody, causing total disruption to his life. He loses everything he’s been attempting to build and all because a probation officer has assumed the worst from something that might happen if the offender reacts in a certain way or to a certain set of circumstances.
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Adjudication Prison Rules MDT's & VDT's Parole Hearings Appeals > Moira Haynes Citizens Advice Lifer Reviews Bureau Complaints & maltreatment > See also Page 32 Advice & representation on all aspects of Prison Law throughout The road to London and the south east, including: resettlement After my release, I rantedBrixton, Feltham, Belmarsh, Wandsworth, Canterbury, Maidstone, Elmley, Highdown, on that someone somewhere should be and The Mount doingColdingley something for ex-prisoners.
Issue 70 April 2005 Reports on the public inquiry into the death of Zahid Mubarek, clubbed to death in his cell at Feltham YOI in 2000
INSIDE? YOU NEED A FRIEND ON THE OUTSIDE... At Keith Park Solicitors we have many years experience representing our clients, not only before sentencing but also once they are in custody. There are many ways we can help you with advice and representation once you are on the ‘inside’. Our team of Legal experts will be your friends on the outside. We specialise in: OUTSIDE ADJUDICATIONS. Have you committed an offence whilst in custody? We can provide representation for you in front of the adjudicator. PAROLE BOARD HEARINGS. We can supply written representations and attending oral hearings. CATEGORISATION. If you want us to assist by way of written representations – we can help.
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Is this justice? Is that fair? Does such a biased assumption maintain law and order and prevent re-offending? Any logical person with compassion and a sense of fairness would surely conclude that it does not. The criminal justice system should not allow probation to act in such an irresponsible manner and measures should be swiftly introduced to prevent such abuses of power continuing and our already seriously overcrowded prisons becoming even further clogged up with countless recall prisoners who might have acted impulsively perhaps, but certainly do not represent a ‘danger’ to the public and should never have been recalled in the first place.
Contact Mr Glenn Collins on:
0208 3095010 5th Floor, Roxby House. Station Road Sidcup Kent DA15 7EJ
PRISON RECALL. Have you been recalled and do you think the decision is justified? We can prepare written submissions and appear on your behalf before the parole board. PRISON COMPLAINTS AND REFERRALS TO THE PRISON OMBUDSMAN. If you feel you are treated badly in prison, you can make a complaint. We can help you through the procedure.
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Comment
Insidetime October 2007 www.insidetime.org
Prisoners’ families Enver Solomon, deputy director of the Centre for Crime & Justice Studies, examines the enormous impact of imprisonment on prisoners’ families
I
n the recent debates and discussions about the latest prison overcrowding crisis the focus has very much been on conditions inside our prisons. Yet record numbers in custody mean that there are thousands more families affected by the imprisonment of a relative. The social and economic fallout for these families has serious implications for many communities across the country. It also impacts on social services and the life chances of around 150,000 children. The plight of prisoners’ families is all too easy to overlook but failure to do so carries significant costs. A recent study carried out by the Centre for Crime and Justice Studies and the Institute of Psychiatry at King’s College has documented the experiences of families with a relative in prison to discover how poverty and disadvantage affected them. Based on interviews with 41 family members living at or below the poverty line, the research also estimated the cost of imprisonment and evaluated the services available for prisoners’ families. Not surprisingly, the report concludes that criminal justice and social welfare policies combine to impoverish, disadvantage and exclude relatives of those in prison, in particular prisoners’ children. The impact of imprisonment is huge for families. Crisis, instability and disruption is common. The research found that families experience employment difficulties, debt, housing problems, high rates of depression and physical illness. In addition the overall pressures impact negatively on relationships, with the chances of reunion after release undermined. For foreign national prisoners and their families the situation is often worse due to permanent separation after deportation. Poverty is at the root of the multiple problems which follow the imprisonment of a family member. According to the research, household
incomes dramatically fell not only due to the loss of the prisoners’ income but also because those who cared for prisoners’ children left paid work. At the same time financial outgoings increased, as families paid a proportion, or in some cases all, of the cost of prison visiting and sent prisoners cash for essential items. Reliance on welfare benefits was not sufficient to provide an adequate safety net. Not only have benefits remained far below the government’s own poverty level but today welfare is based on the premise that paid work is the only route out of poverty. But for lone parents and carers in prisoner’s families, finding and sustaining employment to maximise income is not the priority. Caring responsibilities are paramount, as one woman who gave up her job and house to look after her grandchild told the researchers the option was ‘me, or him being put in care and I don’t think …I wouldn’t have been able to live with that choice’.
around £38,000 a year, based on the average cost of housing and securing an individual prisoner that is usually quoted. It would rise by approximately £12,000 to around £50,000. This figure is of course only based on a small sample and more research is needed to provide a robust estimate, however, it provides a clear indication that once the impact on families is taken into account the cost of imprisonment is far higher than currently estimated. The situation for prisoners’ families is compounded by the fact that the services intended to support them are in a fragile state. Funding is uncertain for voluntary sector organisations, creating tension and uncertainties not conducive to the development of services. At the same time the statutory service that exists is constrained in its remit. Overall there is a substantial lack of capacity and secure funding, which under
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mines the long-term stability of services for prisoners’ families. There is an urgent need to review the consequences of current criminal justice and social policy for prisoners’ families. Adequate welfare support should be provided and community based services improved. In addition, there needs to be recognition of the total social and economic cost that imprisonment brings for families and services. Without reform, prisoners’ families and their children will remain impoverished and disadvantaged – hidden, innocent victims who are left to suffer in silence. ‘Poverty and disadvantage among prisoners’ families’ was funded by the Joseph Rowntree Foundation. Copies are available at either www.jrf.org.uk or www.kcl.ac.uk/ccjs
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Faced with poverty and rising debts, stress and poor health is inevitable. A shocking nine out of ten of the sample suffered clinical depression. This was combined with declining physical health for parents and carers. Children also suffered with problems ranging from signs of missing the imprisoned parent to psychological and behavioural problems which required treatment. Based on an analysis of data from five families, the study attempted to calculate the costs of imprisonment to services and the families. The total cost to agencies averaged just over £4,800 per family over six months. The cost of support provided by families themselves, for example visiting costs, was also taken into account. This averaged £1,050. Finally, the average loss of earnings was calculated at just over £6,200 per family over six months. Based on these calculations, the total cost of imprisonment is much higher than the figure of
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Issue 86 August 2006 Prime Minister Tony Blair, who nearly got arrested in the cash for honours scandal with Lord Levy, who did.
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ERNEST & CO. SOLICITORS We offer nationwide advice and representation in the following areas:
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Health
Insidetime October 2007 www.insidetime.org
Inside health ... with Dr Jonathon
Q. Should I get my blood pressure checked?
In recent times we have received a number of queries from prisoners regarding health issues. In an effort therefore to meet this demand we have decided to devote space in each issue to an Inside Health feature. There will be a focus on a particular health topic and we will feature a selection of the questions we receive from readers, together with the doctor’s response and advice.
Since it's not possible to feel whether or not your blood pressure is high, it's recommended that adults should get their blood pressure checked at least once a year. It is particularly important for anyone with a family history of high blood pressure, heart attacks, strokes, diabetes or kidney disease. Anyone with normal blood pressure who is not on treatment for blood pressure should have it checked annually. Anyone with uncontrolled high blood pressure should have it checked monthly. If your blood pressure is controlled by medication, it should be checked 6 monthly. If you are found to have high blood pressure on one occasion, it should be checked twice more on separate occasions to confirm that it is raised.
Providing this service for Inside Time is Dr Jonathon Tomlinson, a GP practicing in East London. He was first introduced to Inside Time via the New Bridge prisoner befriending service, of which his wife has been a volunteer for over five years; visiting a lifer with complicated medical problems and considerable experience of different prisons and the vagaries of prison healthcare. It was these visits that made him consider contributing to Inside Time. He said: “I believe that healthcare is a resource that should be rationed according to need, so that those in greatest need have access to the best healthcare. “The most socially excluded in society, such as the elderly housebound, the mentally ill, the chronically physically ill, the unemployed and the illiterate, suffer the greatest burden of ill-health. Those who are already on the margins of society often have lifestyles that place their health at risk and may be suspicious of professionals, including doctors, and so are less likely to request the care and support they need. Prison further isolates some of the people in greatest need and frequently fails to provide the opportunity for people to take control of their own health through improved diet, exercise, and mental, educational and social stimulation, which all contribute to good health as much if not more than the administrations of a doctor”. So far in his career Dr Jonathon has put his principles into action by working as a volunteer in Afghanistan and Nepal, and also as a GP in East London in a practice with a high proportion of people with mental health, alcohol and drug problems. He believes that good health depends on communication and involves the doctor understanding and appreciating a patient’s knowledge and interpretation of their health, and offering expert knowledge and support in return. • If you have a health problem or 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. A selection will be published each month - however no names will be given.
especially your heart, brain and kidneys, are put at risk of damage. Not immediately, unless it’s very high, but the longer the amount of time they are exposed, and the higher the pressure, the greater the risk of damage. This can lead to a heart attack, a stroke, kidney failure or peripheral vascular disease (damage to the circulation at your extremities).
Q. Is there anything I can do to reduce my blood pressure?
Focus on Blood Pressure
Yes, almost always. Increasing the amount of exercise you do, losing weight, reducing the amount of salt in your diet, reducing alcohol and caffeine and stopping smoking all help to reduce blood pressure. Stress can make your blood pressure go up, so reducing stress can help as well.
Q. What is normal blood pressure? There is a wide range of blood pressures that may be considered normal. If you are at high risk of blood pressure complications because of, for example, kidney disease, a previous heart attack, stroke or diabetes, then your blood pressure should be kept lower than someone who is not at such a high risk. If you are at low risk of complications, but your blood pressure is over 140/90, then you should consider doing something about it.
Q. I don't know anything about my family history, is there anything else that might put me at risk? Yes. People from Afro-Caribbean, African and South East Asian backgrounds are at particularly high risk of high blood pressure. Using drugs such as amphetamines (speed), cocaine (including crack) and ecstasy also significantly increases the risk of high blood pressure.
Q. Is treatment safe and effective? Yes. There is a range of different medications to take into account the fact that different people respond differently in terms of side effects and how much their blood pressure responds. Most people on medication take a combination of 2 or 3 different drugs to achieve the best balance of good blood pressure control and a minimum of side effects. Whereas the risks of uncontrolled high blood pressure are very well recognised, there are no known long-term adverse effects from taking medication to treat blood pressure.
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Q. Why does blood pressure matter? Your blood is pumped around your body by your heart. It needs enough pressure to reach every part of your body and supply oxygen and other nutrients to all the different tissues and organs, and carry waste products away. If you don't have enough pressure, for example if you lose a lot of blood after a serious accident, then parts of your body, most critically organs such as your heart, brain and kidneys, will be damaged due to lack of oxygen.
Issue 89 November 2006 Reports on the numerous complaints about phone charges - complaints upheld by the Prisons Ombudsmen but rejected by the Prison Service.
Q. What about high blood pressure (also known as hypertension)?
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If your blood pressure is too high, then those organs that are most sensitive to blood pressure,
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Legal
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Financial Offences Defending in Money Laundering and Fraud cases Aziz Rahman and Jonathan Lennon In this article we attempt to address some of the issues that often arise when a Defendant is charged with a ‘financial offence’, e.g. conspiracy to defraud or cheat, fraudulent trading, false accounting, tax or duty evasion, MTIC (or Carousel) frauds and the like. There is insufficient space here to look at each specific offence - instead we have made some general points about defending this type of case. Of course no brief article such as this can ever hope to cover the multitude of variables that arise in this broad spectrum of offences, but there are things that both Defendants and their defenders can bear in mind at an early stage of the case.
Experts Very broadly speaking, the prosecution have to prove that a Defendant acted, or omitted to act, in some way and that he did so with the guilty state of mind required by the offence; e.g. in a money-laundering case that a trader took cash from a drug dealer and exchanged it for a lower figure in the form of a cheque, knowing full well that the money was derived from the proceeds of crime; the act and the state of mind – what lawyers call respectively the actus reus and mens rea. Very often in these type of cases the act itself – the actus reus, is not denied but the Defendant denies having the requisite mens rea; whether that state of mind be knowledge or reasonable suspicion etc. Ultimately, for the jury, this boils down to ‘was the Defendant acting honestly or not?’ To answer that question, the jury can look not just to the background that the prosecution present to them but also a fuller picture presented with the aid of experts. Broadly speaking, defenders in financial allegation cases will look at patterns of behaviour of the Defendant and of his business practices. The prosecution will be bound to concentrate on the suspicious transactions it identifies within the indictment period, but the defence may be able to show similar transactions that the prosecution cannot challenge that go some way to support the case that a transaction was not as suspicious as now seems to others. It may be that an accountant, or auditor with a particular knowledge of some business area, can help a Defendant explain to the jury that what appears odd, or commercially risky, may be perfectly acceptable in a particular line of business or in a particular context. The authors are currently engaged in a significant money-laundering case where a ‘cultural expert’ (a consultant anthropologist) has been instructed to help explain to the jury cultural aspects of money-lending, business deals and Halwala banking between certain South Indian communities.
Forensic Accountants In the case of forensic accountants, it is worthwhile for solicitor and counsel to appreciate at an early stage what the issues are for the accountant to concentrate on. The temptation may be to simply instruct an accountant and pass him the prosecution Case Summary along with the papers and a vague outline of the defence case, and ask him or her to ‘have a look’. That is not the
sands, if not millions of documents. To try and control the size of the case, investigators will sometimes limit the searches of seized computers to all activity that took place on a certain day or days. Such information can be produced fairly easily but deleted files, if recoverable at all, may be difficult to attach a date and time to as the files are likely to be fragmented. Then either the prosecution or the defence might be looking at the other activity of the computer, e.g. the sending of e-mails to see whether the Defendant, or some others, was also using the computer around a particular time.
Preparatory Hearings
right approach. The lawyers, and the Defendant, should understand what the accountant is being asked to do. His role may be critical and he or she should have his energies concentrated as far as possible at critical areas. It may be, for example, that a man who appears to be trying to split monies between a number of bank accounts before withdrawing it can be demonstrated by the accountant, historically, to have done more or less the same thing over a very long time – thus taking the sting out of the punch. An accountant may also be able to give persuasive evidence that a business was, or appeared, profitable, or going in the right direction, and was not just a VAT number being used in a missing trader fraud, or a shell company processing the proceeds of crime. Audit trails may be poor, but armed with the right banking records and purchase invoices etc an accountant may be able to help present a case that the venture was, or could have been, commercially successful, and was by no means the obvious scam the prosecution make out. Forensic Computing and Handwriting Experts Other experts in these sorts of cases include handwriting experts and sometimes even a forensic computing expert. It is common these days for these types of cases to rely on thou-
Certain cases are deemed so complex or difficult that a ‘preparatory hearing’ should first take place. In fraud type cases this is likely to be under s7 of the Criminal Justice Act 1987 but could equally be held under s29 of the Criminal Procedure and Investigations Act 1996. These hearings are designed to deal with disputes of law ahead of the trial. One peculiarity with them is that some rulings from these hearings can be taken by either side to the Court of Appeal before the start of the trial. Indeed in one case that the authors were involved in, the Judge declared a preparatory hearing under s29 of the 1996 Act, and when the prosecution lost the argument they took the matter to the Court of Appeal; the case in the end went all the way to the House of Lords before the trial started (R v H & C [2004] 1 ALL ER 1269). The advantage of this is that a Defendant facing a particularly damning piece of evidence, but with an argument for exclusion under s78 of the Police and Criminal Evidence Act 1984, can argue to have the matter excluded, and if he fails try again at the Court of Appeal before facing a jury. However, the Court of Appeal last year decided that disclosure rulings could not be considered by the Appeal Court pre-trial; that would have to wait until after any conviction; R v H (Interlocutory Application: Disclosure); Times Law Reports 1/8/06.
SOLI CI TOR S Rahman Ravelli Solicitors have a particular expertise in Human Rights related Criminal Defence and Serious Crime.
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Defence Case Statements Under the Criminal Procedure and Investigations Act 1996, the defence have to serve a Defence Statement upon the Court and the prosecution. This will trigger further disclosure from the prosecution depending on what issues are disclosed by the Defence Statement. At this stage the defence team must have full instructions from the Defendant. This is because if there is any suggestion that there is to be an abuse of process application, e.g. because a part of the case is that the Defendant has been entrapped, or set up by an informer etc, then the particulars of the Defence Statement must be drafted with great care and attention. The skill comes in preserving a Defendant’s instructions in the event of such an application failing; i.e. a defence of, ‘I didn’t know the transaction was fraudulent, and anyway I was encouraged by an agent provocateur into taking part in the deal’. Such a defence can appear like a Defendant trying to have his cake and eat it, which is why the Defence Statement must be crafted with great care so as not to give the impression to the Judge that the defence looks like a ‘try on’ or desperate attempt to get off the hook.
Witnesses As mentioned above, sometimes this type of case will turn on the jury’s impression of the Defendant’s honesty. It may boil down to the jury considering whether a Defendant has been a little entrepreneurial and simply got himself in a jam or, alternatively, they might think he is a ‘chancer’ who has been caught out. Of course calling character witnesses can help; either people who can vouch for a Defendant’s personal integrity or better, someone in business who themselves stand out as honest and forthright, and are prepared to say the same about a Defendant and his business practices. The practical problems are that for someone in business calling colleagues or past employees/employers up to ask them to come to Court and give evidence is embarrassing, and could lead to those people learning of the accusation that a Defendant had otherwise managed to keep quiet. Advice should be taken at an early stage about these difficult decisions. Of course it always has to be borne in mind that if a Defendant puts his character in issue then any bad character he has could go before the jury - sometimes this could include previous acquittals or even an earlier bankruptcy. It all depends on the facts of the case, but bearing in mind that if the particular case is likely to come down to whether the jury think a Defendant is an honest John or not, then these decisions must be considered early and very carefully. In conclusion, it is a fact that the prosecution always appear to put an enormous amount of time and resources into investigating and prosecuting complex financial cases. They must be met head-on and the defence up to full speed as quickly as possible, no matter how straightforward the issues at first appear to be. This is because the Courts will always want to have a hands-on management of long or complex trials and will want to lay down strict timetables for the lawyers at any early stage – thus, as always, early preparation is the key.
Jonathan Lennon is a Barrister specialising in serious and complex criminal defence cases and Prison Law at 23 Essex Street Chambers in London. He is former coeditor of the Prison Law Reports. Aziz Rahman is a Solicitor-Advocate and Partner at the leading Criminal Defence firm Rahman Ravelli Solicitors, specialising in Human Rights, Financial Crime and Large Scale Conspiracies/Serious crime. Rahman Ravelli are members of the Specialist Fraud Panel.
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Legal Q&A
Insidetime October 2007 www.insidetime.org
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 Frank Brazell & Partners; Levys Solicitors; O’Keeffe Solicitors; Parlby Calder Solicitors; Stephensons Crime; Stevens Solicitors - see advertisements for full details. Send your legal queries (concise and clearly marked ‘legal’) to Inside Time ‘Legal Query’ 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.
From: Mr S HMP Woodhill I’m currently on remand for trial for street robbery and possession of an imitation firearm with intent to commit an indictable offence. I don’t understand why / how I have been charged with these offences when the victim states in the police summary that male one pulled the gun and took his money – because I’m not male one I’m male two. The only reason I can think of is that it’s because I’ve got two previous robbery charges.
A Your correspondent states that he faces charges of robbery and is due for trial very soon. I assume that he has solicitors and that they are advising him in respect of the trial and the evidence. Unfortunately, without being provided with the case papers I am unable to give him advice concerning the reason why he is charged the way he is. In general terms he may have been charged on the basis that the crime was committed as a joint enterprise with male one. The prosecution are entitled to put their case like this, however they will have to prove beyond reasonable doubt that male two was fully aware of the possession of the gun and that he knew what crime was going to be committed. This may be the answer, but I would urge your correspondent to ask these questions of his legal team as they are in the best position to advise him. In respect of sentence and any offer of a plea, his legal team should advise him fully including the type of sentence that might be given in his case. One cannot generalise about the sentence that might be given as each case is dealt with on its particular facts, with individual mitigation having an impact on the sentence finally arrived at. My overriding advice is for these questions to be asked of the Counsel and Solicitor dealing with the case, as they will clearly be able to provide some of the answers.
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From: Mr A HMP Channings Wood Q I have just completed my first year of a lengthy sentence for sexual offences and hope to be paroled in March 2010, with a licence expiry date of February 2012. Once February 2012 has been reached it is my intention to go abroad and travel, therefore can your legal advisers give me the following information:
• During my licence period can I travel abroad to find somewhere to live? • Can I travel as a tourist to America and Canada where I have family, some of them elderly • What is the law in EU countries about living in the EU and will I have to register with the local police as a sex offender when I have decided which country to reside in?
A
This question is frequently asked by UK nationals who are, therefore, not eligible for deportation. Licence conditions are legislated for under the Criminal Justice Act 2003. Section 250 of the 2003 Act governs the conditions that are attached to licences. The ‘standard conditions’ are given in the Criminal Justice (Sentencing) (Licence Conditions) Order 2005 (S.I. 2005 No.648) which came into force on 4th April 2005. They are that you must:• keep in touch, receive visits from and permanently reside at an address approved by the responsible officer; • undertake work only with the approval of the responsible officer; • not travel outside the United Kingdom without prior permission; • be of good behaviour and not commit any offence. Further conditions may be added by the Secretary of State under the 2005 Order. These may include more specific restrictions on your freedom of movement. This is subject to the Secretary of State having regard to the protection of the public, the prevention of re-offending and the securing of successful reintegration of the prisoner into the community. So, in answer to your questions, you can only travel abroad with the prior permission of the responsible officer. The current guidelines to the Probation Service for temporary travel abroad say that temporary travel abroad may be permissible where exceptional compassionate circumstances exist, for example, to visit a dying relative or to attend a family funeral. Also, offenders may now be permitted temporary travel outside of the UK on the grounds of business, recreation or holiday where
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the Probation Service is satisfied that exceptional circumstances exist so as to justify permission to travel abroad being granted. Obviously there are criteria that will be used to assess whether you can travel and these will include whether, a) there has been a good history of compliance with statutory supervision; b) the index offence or previous offending is or has been connected to serious organised crime, or to activities carried out offshore e.g. importation of drugs; fraud involving companies set up outside of the United Kingdom; c) temporary travel would interfere with reporting requests or the attendance at offending behaviour programmes /interventions; d) there is an absolute genuine need to travel. So, in short, you cannot live abroad during your licence period and you may only travel abroad if you meet the above tests. You ask about America and Canada. You are likely to find that you are unable to travel to America at all following conviction for a sexual offence. I cannot advise you on American law but, as you may know, the United States usually prevents those with sexual offence convictions from entering. One further point that should be considered is that the Probation Service have started taking the view that arguing about whether you should have to comply with licence conditions (e.g. saying that you would prefer not to have to tell somebody with whom you are in a new relationship that you are a convicted sex offender) is tantamount to a breach and may result in you being recalled. This seems to be happening more and more recently, and this is as good a place as any to mention it.
............................................... From: Mr S HMP Blakenhurst Q I was sentenced to 7 years in November
2006 for deception offences committed between April/June 2004 and Jan/March 2005 and wish to know whether I should have been sentenced under the new sentencing structure brought in by the Criminal Justice Act 2003 rather than under a ‘parole basis’ (under the Criminal Justice Act 1991).
A From the information your correspondent has given he was sentenced correctly. It is the date of the offence rather than the date of conviction or sentence which is relevant. The CJA 2003 would only apply if his offences had taken place on or after 4th April 2005. Because your correspondent was correctly sentenced under the old law, and his sentence was over 4 years, he will not be released automatically at the halfway point but will instead become eligible for early release at that point – his Parole Eligibility Date.
Whether he is released then depends on whether release is recommended by the Parole Board. He will not be released automatically until two-thirds of his sentence has passed. He will then remain on licence until the three-quarter point (unless he is recalled before this) whereas if he had been sentenced under the new law he would remain on licence until the expiry of his sentence.
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From: Mr T HMP Maidstone Q I was sentenced to five years imprisonment in July 2004 and due to be released in November, with five months on licence. However, I recently discovered that I’ve also got supervision (Section 86 of the Powers of Criminal Courts Act 2000) to the end of my sentence – after the five months licence. Therefore my question is: what is the difference between licence and supervision? Also, can probation get me to do courses or recall me like they can on licence, or is it just for me to attend the probation office on a regular basis whilst under the Section 86?
A The question raised is an interesting one. Basically, what is the difference between licence and supervision? Anyone sentenced prior to 4th April 2005 to four or more years will be subject to Discretionary Conditional Release. This means they will become eligible for release on parole at the halfway point of their sentence if they are recommended for release by the Parole Board. If they are not recommended for release they will be automatically eligible for release at the two-thirds point of their sentence i.e. the NPD; so the licence expires at the three-quarter point of the sentence. Up until the three-quarter point of the sentence, you will be supervised by the Probation Service and from the expiry of the threequarters you will be at risk. This means that supervision will be relaxed after the threequarter point. Anyone who has had the whole or part of his sentence imposed for a sexual offence committed prior to 30th September 1998, where the Court has ordered that the provisions in S.86 PCC(S)A 2000 apply, the period that he will serve on licence will expire at the Sentence Expiry Date; thus you will be supervised by the Probation Service up until the Sentence Expiry Date. What this means is that you will have to comply with all the requirements as outlined in your licence once you are released and, inevitably, that will mean having to participate in anything that the Probation Service requires you to do. If you fail to comply, you will risk being recalled back to prison to serve the remainder of your sentence.
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Legal
Insidetime October 2007 www.insidetime.org
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 was sentenced to 12 years. I appealed to the Single Judge and he blanked me. My barrister had said I had a good chance on appeal. Now he won’t take it to the full court. The solicitor says there is no legal aid. Can this be true, as my appeal is so important and people are given legal aid for poxy cases when there is no chance of them going to prison?
A I am afraid it is. The court treats your appeal as having been dealt with. As there is no legal aid it is understandable your barrister won’t act, as it is a day in court plus travel for him when it is quite likely he won’t be paid for the work. You can, if you have the money, instruct him privately. However it is you not your barrister who takes the decision whether to take your case to the next stage. If you appeal without an advocate representing you, your case will normally be considered on the papers without you being present. Occasionally this is successful but your chances are miniscule I am afraid. Many think the system is unfair because it is currently very hard to obtain leave from the Single Judge. However in the current “slash the legal aid rates” times, the chances of legal aid being made available in the future are remote in the extreme. I am sorry I cannot be more helpful. Q
I was ordered to serve 2 years imprisonment and given a £15,000 + compensation order. The Judge inferred I had the money, which I haven’t so I can’t pay. I did not want to say where the money had gone. What happens next?
A Within 28 days of the sentence you can appeal the order. After that period you can ask for leave to appeal out of time. If you once had the money and you are not able to show where it all went, I think it is likely that any appeal will fail because the court will say the Judge was fully entitled to consider that the money was and is available for compensation and make the order. In general terms the enforcement of compensation orders is handled in the same way as fines are enforced. I don’t know what order the Judge made in relation to when the money should be paid. At some stage after the time period to pay has expired you will be brought before the Magistrates’ Court. The Magistrate/District Judge will then try to enforce the order. S/he will enquire into your payment history and your means. I doubt whether s/he will be impressed with any argument that you no longer have the money but can’t show where it went. I expect that if nothing has been paid, any argument along the lines that you no longer have the means to pay will be received badly. The maximum time you can be sent to prison for compensation orders up to £20,000 is 12 months. I would expect the default period to be reduced to 9 months because £10,000 is 6 months and you are roughly halfway between the two amounts. However a prison term cannot be ordered unless the court is satisfied that all other methods of enforcing the compensation order have been tried or are unlikely to be successful. Enforcement procedures are constantly changing. Where appropriate (and when
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certain conditions are met) the Court may, before considering sending you to prison, vary the order, increase the fine by up to 50%, make an attachment of earnings order, make an application for benefit deductions, issue a distress warrant (i.e. seize your goods), make a clamping order on a vehicle or remit the compensation order (i.e. wipe out all or part of the amount owed). For smaller amounts than yours the court may order the defaulter (if s/he consents and there is a local scheme in force) to perform unpaid work. I believe in some courts debt collectors are appointed.
Q
I heard of someone having their confiscation proceedings stopped because the CPS had gone past the time limits. I am facing a drug confiscation order. It is dragging on. My solicitor seems to have stopped working on the case. What are the time limits and how can I take advantage of them?
A Confiscation is probably the most difficult part of criminal law. The power to adjourn past the time limits is one of the most vexed areas of that law. The time limits are 6 months under the Drug Trafficking Act 1994 (for drug offences committed on or before 23 March 2003) and 2 years under the Proceeds of Crime Act 2002 (more recent offences). Under the Proceeds of Crime Act 2002, the Court of Appeal may not quash an order on the ground that there was a defect or omission in the procedure. The Judge may postpone the hearing but may not do so beyond the time limit unless there are exceptional circumstances. The leading case has conflicting authority within it. Recently, at Reading Crown Court, a Judge stopped the
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proceeding because of a mass of prosecution failings. This action is very rare and no one I know knows of this happening before. The prosecution applied under the wrong Act. They served their statement 13 months after they were told to. When a statement was served no one could have read it before service as all agreed, “it made no sense”. The officer refused to copy the exhibits for the defence because he was not an “office angel”. The prosecution forgot to apply to extend the time limit before they expired. Over two years went by before an effective hearing could take place. These facts are quite unusual. The reality is that it is very hard to take advantage of the time limits and you must discuss it with your barrister/solicitor.
Unless you say you don’t want your question and answer published it will be assumed you don’t have an objection. No-one will have their identity revealed
> insidetime 100th issue
Issue 94 April 2007 Reports on a prisoner thrown out of prison with less than 12 hours notice with no money other than a £46 discharge grant. He was later given a Community Care Grant of £165, £20 of which was to buy a tent and £20 for a sleeping bag
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32
Book reviews
Insidetime October 2007 www.insidetime.org
Dangerous People, Dangerous Places
Agent Zigzag
By Norman Parker
By Ben Macintyre
Ben Gunn enters the dangerous world of a former lifer and highly acclaimed author whose journey almost defies belief
Jane Andrews discovers a book riddled with the amazing exploits of a man whose criminal career was interrupted by the Second World War!
Parker, whose ‘Parkhurst Tales’ royally entertained me, served 24 years of a life sentence. Given that history, you'd think that the last thing you would want to do is wander the globe to have conversations with very, very bad people in very, very dangerous places. But such is the result of an ex-con with a seriously good talent for descriptive writing, coupled with the weird demands of Loaded magazine. The bastard child of this coupling is a very readable book. Parker weaves together three stories, each of which is inherently interesting. The first is that of an ex-con trying to make his way back into the world, finding all of the expected problems. While making every effort to become known as the writer of three good books, the world often focuses on the shadow of his past. It is much easier to be known as an ex-con who writes rather than as a writer who happens to be an ex-con. He has the talent, but lacks the wholehearted acceptance, and his journalism reflects the struggle that all writers face, that of trying to match personal aspirations with the need to pay the rent. The second strand is Parker’s return to his old hunting ground of Parkhurst Tales. If you haven't read his previous work, these are hugely entertaining insights into the places and people that Parker knew during his sentence - and they are tales worth sharing. Whilst some of these fit naturally into the wider context of the book, some give the impression that Parker finds it difficult to move away from his old hunting grounds. Given the difficulties put in the way of his attempts to develop his writing career away from prison, it is perhaps his way of meeting the demands of the market and not necessarily his choice. I sense some frustration on his part that he is not allowed to fully move
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on and dislikes having to look over his shoulder for commercial reasons. The larger part of the book, reflecting the title, is the journey Parker took (with Loaded money) to meet dangerous people in dangerous places. How do you introduce yourself to the world’s most prolific serial killer, with 300 rapes and some 192 murders to his name? How do you get an introduction to an IRA bomber? Why would you want to meet Latin American guerrillas, go to a Hells Angels funeral and chat with Colombian cocaine producers, in places as far apart as Iraq and Jamaica? And what do you tell your probation officer when they see the photos of you standing there clutching an AK-47 and holding sacks of cocaine of a size that would pay for a year’s production of CSI: Miami? Parker’s forte is descriptive writing; carefully balancing that fine line of bringing atmosphere without being sterile or churning out pages describing the unnecessary. This is a skill based on an economy of words that far more lauded writers could learn from. The streets of Belfast seem to be basted in drizzle, and the jungles of South America steam in wet heat - yet Parker doesn't have to tell you so. He lays out his words in such a way as to allow the reader to weave in his own thoughts, whilst still telling the story. And there are numerous stories here, all powerful, and all the better for having being brought to our attention by a good writer. Parker has fulfilled the brief and the title just doesn't do him justice - there is real physical bravery in his journey. Explaining it all to his probation officer should be a doddle.
Dangerous People, Dangerous Places by Norman Parker is available in all good bookshops Ben Gunn is currently resident in HMP Shepton Mallet
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Zigzag... ‘a pattern made up of many small corners at an acute angle, tracing a path between two parallel lines; it can be described as both jagged and fairly regular'. This in fact beautifully sums up Eddie Chapman, who is described on the cover of this true wartime story, as a ‘Lover, Traitor, Hero and Spy’. The author Ben Macintyre became intrigued with the character Eddie Chapman after seeing his obituary in The Times amongst the great and the good, but as he states, ‘he may have done some great things but he was far from good!’ This book is riddled with amazing exploits of his life and it was what leads him to uncover this remarkable story. We are introduced to what a lovable rogue Chapman is, because it cannot be dismissed that he was very much a ladies man and depending on which country he was resident in, he would have at least one female admirer on the go. We are first introduced to Betty whom he had left over lunch when he went headfirst through a window to escape the clutches of the police in a hotel in Jersey. His last words to her being "...I shall go, but I shall always come back ..." What left a ‘mark’ with me was the fact that after his return to Britain he set about finding Betty once again, maybe the one and only true love of his life, and ironically on meeting in the Berkeley Hotel to discuss ‘operation find Betty’, he looked up whilst eating lunch to come face to face with said Betty! So he kept his promise to come back and subsequently they married and spent the next fifty years together. Eddie Chapman started his life as a petty criminal but gradually branched out into more sinister crimes, which subsequently resulted in lengthy prison terms. The suave but dangerous Chapman then turned his talents to be part of what became known as the insalubrious ‘Jelly Gang’. Having joined ranks with the best
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cracksman in London, they set about blowing the safes of such places as a chic furrier in Harrogate and a pawnbrokers in Grimsby! As one friend is quoted as saying in discussions with a lawyer friend, about Chapman, "He is a crook and will always be one ... but he probably has more principles and honesty of character than either of us ..." In 1939, after absconding from Edinburgh's High Court and hotfooting to Jersey, it is interesting to think that his life might have taken a very different turn than it originally did if he had not done ‘one final job’. So after yet another imprisonment, escape and recapture, Chapman was asked why? "... One, I don't like prison discipline; and two, since I am sure of more imprisonment on completion of my present sentence in England, I thought I would make one job of the lot!" In October 1941, Chapman was finally released, and immediately set up a small business with a fellow con, Faramus. It was at this time Chapman hatched his plan of spying for the Germans. The German's requirements of a spy was someone without any scruples, ruthless and mercenary … in other words, Chapman! After some time, and many an escapade, Chapman did in fact become a German spy and on his return to Britain in 1942 he handed himself over to MI5 who immediately named him ‘Agent Zigzag, and so he became a double agent. I couldn't help but smile when undergoing his training with the Germans, Chapman, aka ‘Fritz’, adopted a pig christened ‘Bobby’. Some may say this was his dry sense of humour reference his previous life of being chased by British Bobbies, nicknamed ‘Pigs’ by the criminal fraternity! Here was a man that was the only British citizen ever to be awarded the German Iron Cross and offered a princely sum by the Germans, yet when push came to shove he was ‘retired’ as an agent at the age of thirty by the British and given the paltry sum of £5,000. As far as MI5 were concerned … ‘once a criminal, always a criminal’. For years, Chapman's story had been sealed under the strict guidelines of MI5, and in 1953 when he tried to publish his memoirs they were stymied under the Official Secrets Act that he had signed minutes before MI5 sacked him in 1944. If he had been more of a rebel like John Cecil Masterman, who had been the intellectual behind Chapman's double agent career, he too could have broken ranks from MI5 and also published a book in the United States where the Official Secrets Act had no legislation. In reading this book, I am sure you will agree that he should perhaps have taken the offer from the Germans ... but Chapman still had the charm of a true villain when he produced not only two replica Iron Cross medals but also a jewelled dagger, which was supposedly given to him by Hermann Goring, and offered for sale. All were replicas! This has been one of the most fascinating, amusing books I have read in a very long time, and even I will say that if Macintyre had published this book as a novel it would have been far too unlikely, because at times I thought this is far too incredible to be true. Surprisingly … it is!
Agent Zigzag by Ben Macintyre is available in all good bookshops Jane Andrews is currently resident in HMP Send
33
Book Reviews
Insidetime October 2007 www.insidetime.org
Celebrities’ Favourite Football Teams By Chris Cowlin Sol Malhotra recommends a book that is not only packed with celebrities’ football anecdotes but which will also benefit a children’s charity Packed with anecdotes from numerous celebrities this is a fascinating book, not least because football fans can get to know which celebrity shares an affection for their particular club and also which celebrity has an attachment to another club. Right from the start, Sir Alex Ferguson offers his personal experiences and views in the foreword that sets a pace where the reader is taken on a journey not of gossip, but of material ‘straight from the horse’s mouth’.
There are also contributions from such as Baddiel & Skinner, who support Chelsea and West Brom respectively, Andrew Flintoff, Lee Evans, Craig David, and a graphic caption from Charles Bronson (described as ‘infamous prisoner’) whose favourite team is Luton Town. But there is much more to this book than simply a collection of famous people’s likes and dislikes regarding football teams. Unwittingly, it says much more about those who have contributed and equally about those who have not. Furthermore, a generous accolade needs to be bestowed upon Chris Cowlin for compiling such a book, both for its self-value and perhaps even more significantly its pledge to support an important charity, as all royalties from the sale of the book will be donated to the Willow Foundation, a charity set up by the legendary footballer Bob Wilson and his wife Megs in 1999 to enable seriously ill youngsters to enjoy the treat of a ‘special day’ with family and friends. At just six quid thoroughly recommended and you’ll know your money is going to a wonderful cause.
Celebrities Favourite Football Teams by Chris Cowlin is available in paperback, price £5.99, from Apex Publishing Ltd, PO Box 7086, Clacton on Sea, Essex CO15 5WN. Sol Malhotra is currently resident in HMP Grendon
Prisoner Noel ‘Razor’ Smith, whose celebrity status is described as ‘underworld and author’, offers an insight into his allegiance to Chelsea and describes iconic players from Peter Osgood to Peter ‘The Cat’ Bonnetti and their impact on him; travelling through the years with Zola and Hasselbaink to Lampard and Terry of today’s Chelsea squad. Razor Smith also gifts the reader with some of the atmosphere akin to supporting football teams in prison.
five copies of Chris Cowlin’s book
There’s a contribution from Terry Smith (again underworld and author) giving his views and disclosing some of the ups and downs of the game. In fact there are numerous little gems in the book, including a quote from David Cameron MP ... ’I am a bit of a fairweather friend and not a devotee’ - not a particularly inspiring revelation considering his political stance.
to the senders of the first five all-correct (or nearest) entries in our Premiership Football Competition. All you have to do is guess the first five teams in the Barclays Premiership at midnight on 19th November 2007. Send entries to: Inside Time, PO Box 251, Hedge End, Hampshire SO31 4XJ. Entries must be received by 22nd October 2007. Winner’s names will be published in December.
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> insidetime 100th issue ❝reader’s quotes ❞ ❝ Inside Time helps enormously in conveying a sense that the prisoner is not alone. Keep on doing what you are doing and ‘Good Luck’ with the next 100 issues! ❞ Ken Hanson - HMP Garth
....................................................................... ❝ Inside Time is a vital source of information both for inmates, prison staff and others with an interest in what goes on within the penal system. ❞ Ian Kennedy - HMP Wakefield ............................................................................................................... ❝ Each issue is eagerly awaited - and is ‘sold out’ within a day or two of receipt. During the first week or ten days of each month you can always find groups discussing that month’s topics. Keep up the good work. ❞ John Allen - HMP Gartree ............................................................................................................... ❝ Behind tall, forbidding walls and fences, a whole community often stands in danger of being neglected or else demonized in the media. ‘Inside Time’ helps to maintain the fact that prisoners are human beings with all their attendant strength, failings, and potential for achievement. ❞ Daniel Chadwick - HMP Usk ............................................................................................................... ❝ I find Inside Time informative, educative, polemical and stimulating, infuriating and inspirational. I applaud the secular and eclectic tone of Inside Time, a credit to journalism. ❞ Gerard McGrath - HMP Wolds ............................................................................................................... ❝ Inside Time is a triumph of hope over experience; I never thought I’d see the centenary issue, mainly because I thought governors would obstruct it. Rarely have I felt so happy to have been proven wrong. Giving a voice to the voiceless is a significant development, and encouraging more of us to put pen to paper can only be empowering. Congratulations! ❞ Ben Gunn - HMP Shepton Mallet ............................................................................................................... ❝ Inside Time’s support is unknown to many - as much work is done ‘behind the scenes’. For me, the wife of a lifer and founder of Prison Chat UK, Inside Time has been one of the few resources interested in building support for those outside prison walls. We now have nearly 800 members thanks to Inside Time advertising our website (free) for many months when as a voluntary organisation we could not afford to pay the fees. On behalf of all at PCUK … thanks for your continued support, which has been second to none. ❞ Lorna Smith - Prison Chat UK
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Insidetime October 2007 www.insidetime.org
Jailbreak
TWENTY QUESTIONS T O TEST YOUR GENERAL KNOWLEDGE
Warning...your loved one is about to be released! Here are a few things to make their lives easier when they are going through the period of change from prison to reality.......... 1. After picking them up from the prison gates and you are driving home do not stop the car until home - they may make a break for it and you may not see them for a while. 2. Your first nights sleep may be interrupted by your loved one shouting to the neighbours through the window for a ‘Burn or a Rizla’. 3. In the morning about 8am it is important to push open the bedroom door or your loved one may still be there at lunch waiting to be unlocked.
1.
'Pen' is the female term for which aquatic bird?
2.
Which sixth-century Greek writer is especially famous for his fables?
3.
In which century was the Russian composer Sergei Prokofiev born?
?
4. 5.
Ibiza belongs to which Spanish island group?
6.
According to the Robert Browning poem, which rodents were enticed out of the German town of Hamelin by the Pied Piper?
4. At lunch time get the family to queue up at the kitchen door and they will automatically join the end of the queue. 5. You must serve fish on a Friday with peas and soggy chips, they will be expecting "duff" every night and a pack of biscuits on a Saturday. 6. Potatoes must be black and lumpy and cabbage and carrots must be with every meal. 7. Once a week you must give them a piece of paper with a number on this is the amount of money they have to spend on their weekly shop. 8. On a Saturday they will come down with their bedding and clothes for you to wash - you must exchange items one 4 one only. 9. If they pass you in the hall you must nod your head or they will think you have a problem with them and a fight will ensue. Also make sure you ask them for a burn at least seventeen times a day or they will think something's wrong. 10. On a Saturday after the clothing exchange, give them half ounce of G.V., a box of teabags and a Mars bar - tell them this has to last a week. 11. Don't be surprised if they try to bribe the kids for a go on their mobile phone with said Mars bar.
?
Which female presenter first became famous as presenter of the TV show That's Life!?
?
7.
Which TV cartoon series featured the characters of Spotty, Texas Pete and Bulk?
8.
Which song title has been a hit for Huey Lewis and the News, Frankie Goes To Hollywood and Celine Dion?
9.
From which animal does bacon come?
10.
During the twentieth century, how many monarchs ruled Britain?
11.
In 1904, Sir Herbert Beerbohm Tree played a major role in founding which London drama school?
12.
In cockney rhyming slang, which item of footwear is meant by the word 'canoes'?
13.
In which arcade game would you find ghosts called Inky, Pink, Blinky and Clued?
14.
Which item of make-up shares its name with the French word for red?
15.
Which children’s TV cartoon featured the characters Colonel K and Penfold?
?
?
?
?
12. If you go to the shop and buy any alcohol, leave it at the garden fence and they will get it once it is dark.
16.
13. If you are watching the tele in bed do not have it on too loud or they will be banging on the wall with a promise to ‘see you in the morning’.
17.
14. If you have friends around they will change into loose fitting trousers as they will be expecting them to pass a little something.
18.
These are just a few tips to help you and your loved one with this difficult time of change.
19.
In 1962, the great American novelist John Steinbeck won which prestigious Prize for Literature?
20.
Which non-flammable gas has the chemical symbol He?
According to the proverb, 'The hand that rocks the cradle, rules the …' what? In 1531, Francisco Pizarro and his forces invaded which ancient South American civilization?
Martin Dobson HMP Nottingham
Good luck !
?
Used as a flavour enhancer in the food industry, what do the initials MSG stand for?
ANSWERS CAN BE FOUND ON THE BACK PAGE PAGE
Inside K nowledge The p rize q uiz w here w e g ive y ou t he Q uestions a nd t he A nswers ! A ll t he a nswers a re w ithin this issue o f I nside T ime - a ll y ou h ave t o d o i s f ind t hem ! ! 11. In England & Wales between 1996 and 2006, how many people accused of either murder or manslaughter had their convictions quashed by the Court of Appeal? 2. Saffron Hand is too small to rely on what? 12. People from Afro-Caribbean, African & South East Asian backgrounds are at particularly high risk of what? 3. Adrian Burke is serving a life sentence for causing the death of who? 13. The Probation Service appears overtly keen to maintain what kind of image? 4. Who has spent 30 years in the entertainment business? 14. Imprisonment impacts on social services and the life chances of how many children? 5. Who stayed with his crew on 29th August? 15 Norman Parker served how many years of a life sentence? 6. How many poems were entered for this year's Koestler Awards? The first three names to be drawn with all-correct answers (or nearest) will receive 7. Prime Minister Gordon Brown ordered the immediate return of whose money? a £25 cash prize. There will also be two £5 consolation prizes drawn from all those who tried, regardless of how many answers are correct. 8. Lord Ramsbotham frequently quoted which case as a classic example of why Prize winners' names will appear in next month's issue. Send your entry to: deaths in custody should be included? 1. When was Inside Time first published?
?
? ? ? ? ? ?
I n s i d e Ti m e , ‘ P R I Z E Q U I Z ’ P O B o x 2 5 1 , H e d g e E n d , H a m ps h i r e S O 3 0 4 X J
9. Whose control of the prison system has been dealt a fresh blow?
P l e a s e u s e a 1 s t o r 2 n d c l a s s s ta m p , a s e n t r i e s i n e n v e l o p e s w i t h i n s u f f i c i e n t p o s ta g e will not be accepted. Closing date 23/10/2007
10. Who explained the 'absurd situation' in Bangkwang to Eric McGraw?
PLEASE DO NOT CUT THIS PANEL OUT, SIMPLY SEND YOUR ANSWERS ON A SEPARATE SHEET SHOWING YOUR DETAILS
Last M onth’s w inners - £25 prizes for the first 3 names drawn with 15 correct
Answers to Last Month’s Inside Knowledge Prize Quiz
£
£
answers to last month’s quiz :Lee McGrath - HMP Rye Hill, Carol Edgar - HMP& YOI Styal and Jason Scott Roberts - HMP Frankland
£
Plus £5 Consolation prizes for: Lisa-Marie Davies - HMP Send & Stephen Sparrow - HMP Holme House
St evens S o l i c i t o rs Stoke-on-Trent - Stafford - Wolverhampton Specialising in Criminal Defence & Prison Law For advice and representation on
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Contact: Carl Buckley or M i c h e l l e P a t e r s o n Stevens Solicitors Bank Court, Bank Passage STAFFORD ST16 2JR Tel 01785 250908
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Specialists in all Lifer issues. Parole and Recall Business Crime Issues and Confiscation Proceedings Please contact: Martin Towey, Solicitor
Freephone: 0800 801 032 www.jmw.co.uk JMW Solicitors, Freepost MR 9693, Manchester M3 8BA
6. PSO 3620 7. 153 8. Over 700 9. 4,666 10. 1969
11. 12. 13. 14. 15.
Polygraph examination Pets as therapy A fear factor Andrew Holroyd Westlea
Guney Clark & Ryan Solicitors CRIMINAL LAW & PRISONERS’ RIGHTS SPECIALISTS For urgent assistance with:Lifer Parole Hearings Adjudications Re-Categorisation Applications Appeal of Recall to Custody
Contact Ciara McElvogue 60 Green Lanes LONDON N16 9NH
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CAPTION C OMPETITION Last month’s £25 prize winner George Voiels HMP Manchester I might have done 27 years in a South African Prison but it could have been worse... I could have been in England on an IPP!!
35
Jailbreak
Insidetime October 2007 www.insidetime.org
A statue of Nelson Mandela, the former South African President, is unveiled in the central garden of Parliament Square alongside those of Churchill, Disraeli and Sir Robert Peel. Prime Minister Gordon Brown is pictured here with Mr Mandela at the ceremony.
Well d one G eorge your £ 25 p rize i s i n t he p o s t .
- - - ANOTHER £25 PRIZE IS ON OFFER FOR THE BEST CAPTION TO THIS MONTH’S PICTURE Liberal Democrat Leader Sir Menzies (Ming) Campbell pictured arriving at the annual party conference. A poll in The Times said 67% of Lib Dem supporters thought he should be replaced by a “younger more charismatic” leader.
CELEBRATING A CENTENARY WORDSEARCH
ALL CELEBRATING A CENTENARY IN 2007 Inside Time (100th issue), Scouting Movement (100 yrs), Brassiere - (100 yrs), Harley Davidson (Co. Founded 1907) Probation Service (100 yrs), Old Bailey (opened 1907), Eiffel Tower (world’s tallest structure 1907), John Wayne (Born 1907), Sir Frank Whittle (Born 1907) Sheffield Wednesday (FA Cup winners 1907), Newcastle (United league champions 1907), The Hershey Kiss (American Chocolate Bar first made 1907), Heroin Marijuana Morphine(All available over the counter in USA 1907), Detroit Tigers (1907 world series contestants), Chicago Cubs (1907 world series oppostition1907), Nightingale (Florence gets Order of Merit 1907), Kipling (Awarded Nobel Prize 1907)
CHECK FORWARD, BACKWARD AND DIAGONALLY, THEY ARE ALL THERE!
P HIP HO JAZZ
COUN
TRY
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SOUL ROCK
R&B INDIE Music & Computer Games
Gema, sponsors of Jailbreak Suppliers of Music CD’s and Computer Games, both new & pre-owned. Catalogues cost £2 (postal order payable to ‘Gema’) but this is r e f u n d e d w i t h f i r s t o r d e r. Gemma PO Box 54, Reading RG1 3SD P R O B A B LY LY T H E U K ’ s L A R G E S T M U S I C B A C K C AT AT A L O G U E
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H H Y A D S E N D E W D L E I F F E H S
FAMILIAR FACES A couple drove down a country road for several miles, not saying a word. An earlier discussion had led to an argument and neither of them wanted to concede their position.
insufficient postage will not be accepted.
IT’S A CON
MW HMP DOVEGATE
Are you facing Confiscation? · · · ·
Supreme Finance Ltd C i t y H o u s e 5 8 S w a n St r e e t Manchester M4 5JU
Tel: 0161 834 2288 Fax 0161 832 6067 e-mail
[email protected] w w w. s u p r e m e - f i n a n c e . c o m
I H Y K R G I C H H W W H X E R Y B R R
D I A I O T O V H N E C G Z L E A A K S
E C J P I G A B J W R A F S T S S T J E
T A S L T H U N K A T S D D T S N I K L
I G K I T J N M L Y Y T S F I D N O O A
M O L N I K T A Q N U L A E H V E N K G
E C N G G L M S W E U E R G W B O S K N
A U K Z E Q A D E A I E M H K H L E L I
R B G C R W R O O M L L I M N I O R E T
L S F V S E I A N A U J I R A M I V H H
O L Y E L I A B O L D P N T R W V I G G
T K G B A R P F R K O L B Y F O I C F I
H A R L E Y D A V I D S O N G J A E D N
T Y U N S T S S I K Y E H S R E H E H T
This Wordsearch was compiled by Lucy Charman, formerly HMP Morton Hall. Many thanks Lucy, much appreciated.
As they passed a farm with cows, goats, sheep and pigs, the husband Inside Time “CAPTION” P O Box 251 Hedge End Hampshire SO30 4XJ asked sarcastically, "Relatives of yours?" Please use a 1st or 2nd class stamp, as entries in envelopes with "Yep," the wife replied, "the in-laws I believe."
Free Advice Given Contact Suzanne at
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Just 4 Fun
PICTURE PLEASE DO NOT CUT THIS Send your versionOUT of what being OF said or thought WRITE YOUR ENTRY ON A PLAINisSHEET PAPER GIVING here. Closing DateIT TO: YOUR NAME, NUMBER AND PRISON. THEN POST 20/02/2006
W E C A N H E L P Y O U PAY Y O U R C O N F I S C AT I O N / C O M P E N S AT I O N ORDERS · Principal lender funding within 24 hours · Secured against property · Short term lending/all cases accepted · Avoid further detention/imprisonment · Funding from £26,000 to 5 Million · National Coverage
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Men are not equipped for these kinds of contests!
Send your version of what is being said or thought here. Closing Date 23/10/2007
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(0115) 9583 472 Our dedicated team are always willing to help. Please feel free to contact : Melanie Woodward David Parker Stephen Luke Martin Bridger Jessica Vogel Ben Samples Naomi De Silva Serina Woodhouse
HOW COME? A man said to his wife one day, "I don't know how you can be so stupid and so beautiful all at the same time." . The wife responded, "Allow me to explain. God made me beautiful so you would be attracted to me; God made me stupid so I would be attracted to you!" GOOD MORNING DEAR A man and his wife were having some problems at home and were giving each other the silent treatment. Suddenly, the man realized that the next day, he would need his wife to wake him at 5:00 AM for an early morning business flight.
Not wanting to be the first to break the silence (and LOSE), he wrote on a piece of paper, "Please wake me at 5:00 AM." He left it where he knew she would find it. The next morning, the man woke up only to discover it was 9:00 AM and he had missed his flight. Furious, he was about to go and see why his wife hadn't woken him up when he noticed a piece of paper by the bed. The paper said, "It is 5:00 AM. Wake up."
Poetry
Insidetime October 2007 www.insidetime.org
Koestler Awards 2007
Lily
The deer
Like the plastic jar in my grandma’s kitchen You bear the smell of pear-drops Reminding me of childhood memories Preparing scones and pancakes.
Sealed up in a box with a window Rapid glimpses of the real world Jolted and jiggled around A lot like riding in the luggage department of a train Then for the briefest moment of time A single small brown creature Standing proud in the sun Glorious in its freedom and mobility
Like silk to the touch So gentle and delicate You remind me of the winter Crisp snow creasing under my feet.
A selection of awardwinning poems
Streetwise Fox You, you fox you sleekit bugger no longer are you the chicken mugger urban streets your hunting ground where scraps of food in bins abound. Then you den in grassy knoll lie low and watch the traffic flow, eye with suspicion the human throng and wait patiently for the last bird song. Only then, when man seeks his bed and tucks in tight, will you raise your foxy nose and steal off into the night. Tony McAteer, HMP Dumfries Merit Award (£20 prize)
Your leaves hold such a texture Similar to my cat’s tongue That when I caress you softly I get the feeling of my cat licking my hand.
Anon, HMP Dartmoor Merit Award (£20 prize)
Like the many fields of my hometown Your stem stands tall and strong Resembling the many hay bales The straw for each field’s horse. Anon, St Catherine’s Secure Unit PEN Literary Foundation Award for Under 18s (£25 prize)
Watchful The voice of solitary is afraid of light. The black fog in life will never show his emotions. He will blacken and diet the sunshine in your lives. For he is grey and wounded. Avoiding all eternity and wishing it was over. No matter how dark in solitary. He is always watchful. John Lawrence, HMP Frankland Koestler Outstanding Award for Poetry (£100 prize)
HENRY HYAMS
> NEXT ISSUE Week commencing 29th October 2007
36
SOLICITORS
> insidetime 100th issue
Monkey in a Cage The monkey shows her teeth They think she’s smiling. The monkey coughs. They think she’s laughing. She’s fed up But she’s still standing Waiting for happiness to come find her. Her cage opens But still no happiness She’s expected to find and start a new life. Monkey in a cage Is finally free. Monkey in a cage Somehow people don’t realise what’s wrong Because they’re too busy With what’s on the outside But its her heart that’s in a cage. Anon, St Catherine’s Secure Unit AD Peters Award for Poetry (£50 prize)
Issue No 93 March 2007 Features a scene from John Steinbeck’s ‘Of Mice and Men’ performed at the prison chapel Wormwood Scrubs
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We also deal with actions against police & prison related civil matters
ANSWERS TO TO THIS MONTH’S TWENTY QUESTIONS TO TO TEST YOUR GENERAL KNOWLEDGE
PARLBY CALDER SOLICITORS
SPECIALISTS IN CRIMINAL DEFENCE Serving the South West
PRISON LAW Adjudications & Appeals against Adjudications Parole Applications - Recalls Categorisation - Lifer Reviews Licence/Probation Problems - Transfers HDC Applications - Healthcare Problems Judicial Reviews - Prisoner’s Rights Obtaining Prison Records - Police Interviews AGENCY WORK UNDERTAKEN For free professional advice contact Natalie or Donna at: Parlby Calder Solicitors First Floor, 7 Whimple Street Plymouth PL1 2DH
01752-600833 Fax: 01752-600933
We’re outside fighting for your rights inside Prison Law Specialists in Wales Dealing With:
Adjudications Parole Reviews Licence Recall Categorisation Transfers Lifer Panels Criminal Defence and Appeals
Start the ball rolling now - call Gemma Morgan on:
02920 729 888 Elgin House 106 St Mary Street CARDIFF CF10 1DX
Ve r i ta s - Vi n c i t ( U K ) L td The Lifer Specialists
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Experts on Lifer issues
Prison Affairs Department, PO Box 799, Aylesbury HP22 9DN We accept that many of our competitors are competent…however, we also believe, unlike many of our competitors…that competence is only a starting point. With John Jopling the former Head of Lifer Services for HMP Shepton Mallet as Head of our Prison Affairs Department we are second to none! Not only in terms of the high standards of service we provide, but also, and perhaps more importantly, the qualities and depth of knowledge combined with the expertise of our staff cannot be found anywhere else. We are unique in our approach to the particular needs of this specialist area of the law, and as a result are extremely successful in achieving the objective on behalf of our clients. It's your future at stake so don't hesitate, contact us now! Tel: 01844 202581 Mayfair House, 14-18 Heddon Street, Mayfair, London W1B 4DA www.veritasvincituk.com
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