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ISSN 1743-7342 /Circulation 46,000 (monthly) /Issue No. 112 /October 2008

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Inside Time in association with the Prisoners’ Education Trust

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KOESTLER AWARDS 2008 he Koestler Trust has been awarding, exhibiting and selling artwork by offenders, detainees and high security patients every year since 1962, when it was founded by the writer Arthur Koestler. This year's Koestler Awards have attracted a record 5,130 entries, and this year's exhibition at the Southbank Centre, Royal Festival Hall in London runs from 27 September to 8 November (admission free) and breaks new ground by launching a partnership with Southbank Centre which will develop into a multi-artform festival over the next 3-4 years and is probably the first national art show ever to be curated by young people who have offended.

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Our November issue will report on the official opening of the Koestler Exhibition.

1. Prying Eyes - P Thomas, HMP Dumfries, Scotland 2. Simply Me - Paul Higgins, HMP Gartree, Leicestershire (Merit Award for Portraiture) 3. A Real Estate - Michael Meehan, Kemple View Secure Unit, Lancashire (Partnerships in Care Outstanding Award for Oil/Acrylic Painting) 4. Queen Elizabeth II - B Keburia, HMP Canterbury (George Robinson Memorial Award) 5. Zebra - David Dixon, HMP Lowdham Grange, Nottingham (Highly Commended for Oil/Acrylic) 6. Ciggie Time! - Anon, HMP Styal, Cheshire (Kalyx Merit Award for Sculpture) 7. Mum - Dwight Smith, HMP Featherstone, Wolverhampton (Highly Commended for Portaiture)

PRISON LAW SPECIALISTS

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IPP and Extended Sentences Parole Board Reviews Categorisation including Cat A Prison Discipline & Adjudications Judicial Review & Human Rights Cases

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Contact Criminal Defence & Appeals Jeremy Moore Prison Law Lynne Williams

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All Lifer Reviews Licence Recall & Reviews HDC Applications Sentence Calculation Jeremy Moore represented Barry George who was recently released after the successful appeal

Mailbag

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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.

‘Purposeful activity’ .....................................................................................

a voice for prisoners since 1990

TINA BENOIT - HMP HOLLOWAY

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.

Is it just me or is 'prison logic' the greatest oxymoron? Prison logic dictates that education should be provided for every prisoner; prison logic also dictates that all prisoners should participate in the euphemism 'purposeful activity'. So am I missing something?

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Board of Directors

Trevor Grove - Former Editor Sunday Telegraph, Journalist, Writer and serving Magistrate. Eric McGraw - Former Director of New Bridge (1986 - 2002) and started Inside Time in 1990. Tony Pearson CBE - Former Deputy Director General of the Prison Service. John D Roberts - Former Company Chairman and Managing Director employing ex-offenders. Alistair H.E.Smith B.Sc F.C.A. - Chartered Accountant, Trustee and Treasurer of the New Bridge Foundation. Chris Thomas - Chief Executive, New Bridge Foundation

The Editorial Team

The structured education here at HMP Holloway is relatively basic, so how can it be deemed 'educational' for me if I have already completed it? Consequently I looked for some other 'purposeful activity' to engage in; my options basically boil down to cleaning, cooking or gardening. The dictionary defines ‘purposeful’ as 'having or showing determination' ... well I am determined NOT to be a cleaner, chef or a horticulturist when I leave prison. Surely then my stance not to participate in cleaning, cooking or gardening could in itself qualify as 'purposeful activity'? Alternatively, I could consider purposeful activity as being an activity full of purpose. This creates the same problem: 'purpose’… the reason for which something is done or for which something exists. If I were to participate in a cleaning or gardening course I could gain a qualification, so in that sense the activity could quantify as purposeful. However the certificate and the money spent to facilitate my learning would be wasted, as I do not intend to follow either career. So is it time the prison service offered a greater diversity of study and/or training for those on remand - or am I missing something? Will respond to any letters received in reply.

Opening your account ................................................................................... NATHAN EYRE - HMP RYE HILL I find myself with something to impart to my fellow inmates across the estate relating to financial matters. Coming close to my parole date, and having been subject to bankruptcy and confiscation hearings which are now discharged, the time had come to open a UK based bank account. I was lucky to still have access to major ID proof (passport etc) but still encountered problems with banks rejecting my applications left, right and centre; so I can only imagine how hard it would be for men and women leaving establishments with no ID.

Rachel Billington Novelist and Journalist

John Bowers Writer and former prisoner

So I made contact with UNLOCK, who advise inmates and ex-offenders on banking and insurance matters. They turned out to be a great help and very proactive. One important document they sent me was PSI 43/2007 - a Prison Service Personal Identification document which no staff member here knew existed. For inmates due to leave prison with no personal ID or private funds, this is a vital tool towards opening a bank account. It forms part of PSO 4465 'Prisoners Financial Affairs', which although meant for the YOI Estate, said PSI 43/2007 can be used over the whole Estate. If you need help then give UNLOCK a go; I’ve since opened my account. * UNLOCK can be contacted at: 35a High Street, Snodland, Kent, ME6 5AG. Tel: 01634 247350.

Eric McGraw Author and Managing Editor

John Roberts Operations Director and Company Secretary

Correspondence Inside Time, P.O.Box 251, Hedge End, Hampshire SO30 4XJ. 01489 795945 01489 786495 [email protected] www.insidetime.org If you wish to reproduce or publish any of the content from any issue of Inside Time, you should first contact us and obtain our written permission. Full terms & conditions can be found on www.insidetime.org

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Insidetime October 2008 www.insidetime.org

Any chance of a holiday?

..................................................... IAN ARMSTRONG HUTCHISON HMP COLDINGLEY I write to ask if it might be possible to provide information on working prisoners’ eligibility for holidays, i.e. summer and Christmas. I ask because along with many other fellow prisoners, we are expected to work 5 days a week, 52 weeks a year with apparently no holidays. I enquired about the situation by asking one of the managers in the laundry where I am employed and the reply I got, after the laughter stopped, was that prisoners are not entitled to holidays ‘because we are prisoners’. Now don't get me wrong, I like a good laugh as well as the next man, but on this occasion I would have thought there would have been a more sensible answer. I was then informed that prisoners, if they feel like a brief holiday, can take one but will not get paid and will get an IEP for not going to work! HMP Coldingley obviously has work contracts, and these contracts must come under labour laws, and if they do, shouldn't prisoners come under them as well and be entitled to a break from a mundane and very low paid job, and not have the threat of being given IEPs?

➜ The Prison Service writes: The policy on Prisoners’ Pay is set out in Prison Service Order (PSO) 4460, which can be viewed in your prison library. It is Prison Service policy that all prisoners receive payment if they participate constructively in the regime of the establishment; this includes prisoners who are employed in work, induction, education, training or offending behaviour programmes. Any prisoner who refuses to work must not receive any pay. The policy states, at paragraph 2.1.2, that an allowance should be made in the standard working week of each prisoner for authorised absences from purposeful activity. These may include Governor’s applications, welfare interviews, sick parade etc. These will be accommodated without loss of pay provided that the allowance is not exceeded. In addition, paragraph 2.1.3, states that visits, other regime instigated absences specified by the Governor, Sundays and days of religious observance for prisoners of non-Christian faith will not be counted towards the interruptions allowance and will also be accommodated without loss of pay. To answer Mr Hutchison‘s specific query, prisoners do not qualify for paid holidays as they undertake work etc under Prison Rules and not general employment terms and conditions. Prison Rule 31 relates to work and this can also be viewed in the prison library.

Paul Norman - Safer Custody & Offender Policy Group

SolicitorsSolicitorsSolicitors Abbot Ozuzu, solicitors of the highest repute in the defence of prisoners Experienced in Drugs, Money Laundering and all other types of criminal matters Also specialisists in issues of Immigration and Deportation

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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 October 2008 www.insidetime.org

Star Letter of the Month ......................................................... Congratulations to Jayne Richards who wins our £25 cash prize for this month’s Star Letter.

for the course for this offensive rag, however what astounds and horrifies me most is that this ‘story’ was actually provided by one of the very people entrusted to ‘care and support’ us ... a member of staff at Holloway no less. The event in question was held as a fancy dress theme and in my entire time in prison (since 2005) the only occasion when anything even resembling a ‘party’ has been held. And if The Sun had done their research properly they would have discovered that the atmosphere and tension on the wing at that period was strained and incidents of self-harm high; therefore it was felt appropriate to try a morale-boosting exercise. Photographs were taken by a senior member of Holloway prison staff and were secured in a locked cabinet, and the sole property of the prison service. The photos could only be viewed by staff or lifers on the unit; no members of the public, let alone families of victims, could possibly view them. The party did not cost £500, as claimed, or anywhere near this amount and it lasted for just short of normal evening association time, a year ago on 31 October 2007.

They sold our souls ..................................................... JAYNE RICHARDS HMP FOSTON HALL I write in response to the story published in The Sun on 12th & 13th September which portrayed lifers in HMP Holloway as bloodthirsty monsters. In this particular feature we were attending a ‘sick monsters ball’ and they named us and even sensationalised our offences, in my case detailing my 4 yearold son’s name. The Sun has a long history of such stories and in a sense, bad though it was, it’s par

This story has now brought to the surface all the painful memories and emotions for the victims’ families as well as the families of the lifers involved. Not one moment of the day goes by when I don’t feel consuming guilt and remorse for my crime. My sole reason for continuing with this life of hell is one day I’ll be able to answer the important questions our son will have for me. We work hard at breaking down the barriers and letting prison staff in to view our souls and they abuse our trust by selling our souls to the highest bidder. So who are the ‘monsters’ - the women in the photo trying to imagine a normal life where fun and laughter are permitted and where forgiveness may be possible? Or the people entrusted to care for us who have made profit from causing so much pain again for so many?

A moral duty ................................................................................... BRIAN GREEN - TUTOR, HMP ALTCOURSE I write concerning the picture in your September issue in which you poke fun at Gary Glitter. As a tutor within the prison setting, I find it distasteful and quite shocking that a picture like this should end up in this kind of environment. As funny as it may appear, I don't think that paedophilia should ever be made fun at, simply because it sends out the wrong signal to offenders, especially if you have ever seen the way it destroys the victim's life. I believe that Inside Time has a moral duty to act in a responsible fashion in what pictures and news articles you print. We need to send out a clear message that this kind of behaviour (paedophilia) is totally unacceptable.

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

Handling of recorded delivery mail ..................................................... KHAZAR YOUSAF - HMP ASHWELL Can Inside Time clarify whether recorded delivery mail should be opened in front of the prisoner as this is not the case here at Ashwell. I had a letter sent over two months ago by recorded delivery and have evidence from Royal Mail confirming it was signed for when delivered - yet I never received it.

In respect of recorded delivery mail/parcels, this is covered under SO 4411 - Prisoner Communications (Correspondence) at paragraph 9.9. This states that any incoming correspondence or parcel, which is recorded, signed for/special delivery must be opened by a member of staff in the presence of the prisoner to whom it is addressed. Therefore the expectation is that when this type of mail is received at the prison via the postal services it would be accepted (and therefore signed for) by staff at the gate and then transferred to the post/ mail room. Staff would then either arrange for the prisoner to come to the office or most likely take the item to the prisoner in order for it to be opened by staff in front of them, as opposed to the usual procedures for handling normal incoming mail which is routinely opened (but not read) and examined for illicit enclosures. In addition to the above, once this type of mail is received at the prison the expectation is that it should be passed/delivered to the prisoner as quickly as is practical but this may be on occasions hindered by the lack of resources (staff) within the post room. However, it should not take as long as 2 months, as stated by Mr Yousaf, and I would therefore advise him to take this matter up directly with the Governor.

KRM SOLICITORS

Inside Health ................... page 17 Comment ................. pages 18-29

What’s the difference between being unhappy and being unwell? Seaneen Molloy ..................................... page 18 The real elephant in the psychology room by Dennis Nilsen .......... page 22

Short stories ........... pages 30-31 Legal Comment ... pages 32-34

Patrick Hunter - Safer Custody & Offender Policy Group

CRIMINAL DEFENCE AND PRISON LAW SPECIALIST

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Month by Month ............ page 16

is seeking clarification of the policy for the handling of recorded delivery mail sent to prisoners once it has arrived at the establishment.

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Ofcom Report on the cost of telephone calls made by prisoners .................................... page 10

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‘The stress of helplessness’ Max Rutherford and Joanna Keil ..................................... page 34

Legal Advice .................... page 35 Legal Q&A .............. pages 36-37 Book Reviews ......... pages 38-39 Inside Poetry .......... pages 40-41 Jailbreak .................. pages 42-44

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Mailbag

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

Changing outlooks .................................................................................................................. EDWARD MARRIETTE - HMP LIVERPOOL Cos Michael from the Prisoners’ Education Trust highlights the sad closure of the arts and crafts class at HMP Rye Hill in your August issue and I would like to draw your readers’ attention to the fate of BigHouse Arts here at HMP Liverpool. BigHouse Arts has been operating here for over thirteen years, run by a woman called Delia Brady-Jacobs. It was run single-handed on a shoestring budget; yet despite this, Delia was able to run several different projects throughout the year. These projects brought a group of lads together interested in performance arts and creative writing. I have been resident here since May 2005 and been involved in all the projects since then. The funding for BHA has now run out, this means there will be no more plays or music performances; no visiting professional actors, playwrights, musicians, directors, poets or composers - instead the education providers have started a creative writing class based in a classroom with a tutor. BigHouse Arts has had many successes over the years producing award-winning arts, performed in the prison and in the community; several plays have been performed by professional actors in theatres such as the Philharmonic Hall and the Playhouse Theatre. The projects BHA run were always over subscribed and the lads that attended came from very different backgrounds. If someone was disruptive on the wing, their behaviour settled down; if someone was feeling low, their spirits were lifted; and if someone was feeling lonely or isolated, they found friendship and support. I personally found working on the projects changed my whole outlook on life. BigHouse Arts succeeded where countless others had failed. Being involved in writing and performances opened new doors for me. I also found that writing was a way of getting things off my chest instead of bottling them up. After I have written something down I feel unburdened; it can then be ripped up or used in songs, poetry and scripts. I have spent a lot of my life in and out of jail, self-harmed, and been an alcoholic living on the streets of Liverpool, London and Dover. Until coming into contact with BHA I was stuck on the merry-go-round, so for the sake of a cost-cutting, BHA no longer runs in HMP Liverpool. The new creative writing class is just that, a class, with different tutors everyday and different lads who don't want to be in a workshop. One of the two art classes had to close to allow the creative writing class to take place. If you would like to contribute to Mailbag, please send your letters (concise and clearly marked) to ‘Mailbag’, Inside Time, PO Box 251, Hedge End, Hampshire SO30 4XJ. Please note letters for publication may be edited. To avoid any possible misunderstanding, if you have a query and for whatever reason do not wish your letter to be published in Inside Time or appear on the website, or yourself to be identified, please make this clear. We advise that wherever possible, when sending original documents such as legal papers, you send photocopies as we are unable to accept liability if they are lost. 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.

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

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www.amelans.co.uk PERSONAL INJURY SOLICITORS

Why so obstructionist? ..................................................... IAN DOWNES - SCOTLAND As a former life sentence prisoner, I thought I'd submit this letter as a point of discussion and perhaps offer a ray of hope for other lifers/ long term prisoners coming up for release. I was released in April 2005 after serving 14 years for murder and throughout my sentence, lifers were painted a pretty grim picture of what to expect after release. In some ways this was correct, yet in others completely wrong. Finding work isn’t hard, as long as you're prepared to do anything. One of my jobs was emptying toilets on building sites; a pretty crap job in more ways than one! I had been out of prison for around 6 months and got fed up doing rubbish jobs and having to live with the prospect of workmates finding out about my prison record, so I bought a van and started a light haulage company. Within 3 months I had others working for me and further vans running up and down the country. Nine months after that I sold the business, moved to Scotland and retired. Now I spend my time making huge decisions like do I go fishing … go on holiday … or go and play on our boat! I also got married to a wonderful lady, Linda, who not only knows about my past but also supports me and makes my life totally worth living after some pretty grim years. One of the biggest problems upon release is the probation service in England. I got the impression that their sole task is to find an excuse to send you back to prison, rather than help. I got official warnings for employing an ex-offender and for keeping in touch with a man I had served my whole sentence with; and was very close to being sent back to prison although I had never broken any rules or laws. Since moving to Scotland I've found a complete change in both attitude and understanding by the Scottish probation service. Here, their sole reason for overseeing a life sentence prisoner is to keep him/her out of prison. Whilst living in Essex, I was told by my probation officer that she had an ex-lifer who had been out of prison for twelve years, owned his own company and had obeyed all the rules, that he still couldn't go abroad. My wife and I have just come back from a five week touring/fishing holiday in Norway, Sweden, Finland and Lapland. We're now planning a cruise along the Nile! My probation officer up here even signed my application for a passport. On top of this, I have been told that my life licence will be put in abeyance on 8 April next year.

Insidetime October 2008 www.insidetime.org

Imprisonment for Public Protection ..................................................... JOHN HAPPE - HMP BELMARSH I seek clarification relating to the National Offender Management Service (NOMS). Towards the end of last year, as an IPP prisoner, I attended a meeting about NOMS and the IPP sentence where it was explained that we are no longer considered lifers and there was a possibility that individual cases would be considered for re-categorisation. In my view, our concerns were not satisfactorily addressed and I now read that NOMS is to be scrapped by the government to save money; so what will happen to prisoners serving IPP sentences? Will we go back to the lifer department? And how will this affect us in terms of parole?

➜ The Ministry of Justice writes: Mr Happe asks about NOMS and the sentence of Imprisonment for Public Protection. He had been concerned that NOMS would be disbanded by the end of the year. This is not the case. In fact NOMS has recently been restructured and is responsible for commissioning and delivering adult offender management services, both in custody and in the community, for England and Wales. As he mentions in his letter, January signalled a time of change for IPP offenders. On 7 January 2008, Phase III of Offender Management (OM) introduced changes to the system for all indeterminate sentence prisoners - that is both lifers and IPP prisoners. The main difference between IPPs and lifers under OM III is that IPPs have an offender manager from the Probation Service in the community to manage their sentence planning process, whereas lifers continue to be managed by prison-based staff. Further changes were introduced through Prison Service Instruction 07/2008 in February 2008. As a result, IPP offenders should be able to access the Category C estate. IPP prisoners with short tariffs (3 years and under) can now be categorised as Category C and be allocated to the Category C training estate. Aside from these changes, lifers and IPP offenders continue to be treated in the same way in terms of assessment and preparation for release. Release for IPP prisoners can only take place when their minimum term has been served and the Parole Board is satisfied that their risk of harm to the public can be managed in the community. This system has not changed.

Diana Bartram - Public Protection Unit

Insidetime October 2008 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.

Independent adjudications ..................................................................................................................

Reducing level of risk ..................................................... JOHN MULLAN - HMP PARC

KARL PRIEST - HMP STOCKEN Is it lawful to be given extra days from an outside independent adjudicator for having a tattoo done; doing a tattoo; or having a tattoo gun? Similarly, is it lawful to be given additional days for brewing alcohol or for giving a positive MDT with subutex?

➜ The Prison Service writes: Mr Priest asked whether it is lawful for various disciplinary charges to be referred to an independent adjudicator and to be punished with additional days, when these charges are not for criminal offences. All prisoners are subject to the Prison Rules, which are made by the Secretary of State using powers given to him by the Prison Act 1952. Rule 51 lists the disciplinary offences with which prisoners may be charged, including failing an MDT, possession of an unauthorised article (that is, any item that the governor has not given permission for you to have, which is likely to include a tattoo gun and items used to brew alcohol), and disobeying or failing to comply with any rule or regulation (which may include a local ban on tattooing anyone or allowing yourself to be tattooed). All disciplinary charges are initially inquired into by the governor, who may decide to proceed with the adjudication and, if s/he finds the charge is proved, impose any punishment allowed by the Rules other than additional days. But if the governor believes the charge is serious enough to merit a punishment of additional days if the prisoner is found guilty, and the prisoner is serving a determinate sentence and so is eligible for that punishment, then the Rules require him/her to refer the case to an independent adjudicator. This is a matter of judgment by the governor, who may take account of local punishment guidelines for various offences, any particular disciplinary problems in that establishment, the seriousness of the current charge, and the prisoner’s previous adjudication record. The independent adjudicator (District Judge) considers each case on its merits, and if, after hearing all the evidence, s/he finds the charge proved, s/he will impose whatever punishment s/he believes to be appropriate within the Prison Rules, which may include up to 42 additional days. If a prisoner believes he has been punished unfairly he may ask for a review of a governor’s adjudication within six weeks of the hearing, using form ADJ1, or a review of an independent adjudication within 14 days, setting out his reasons in writing to the governor, for forwarding to the Senior District Judge.

Roy Donno - Safer Custody and Offender Policy Group Views expressed in Inside Time are those of the authors and not necessarily representative of those held by Inside Time or the New Bridge Foundation.

prison law and criminal defence

I was sentenced to 5 years with an extended 2 year licence period and I’m due to be considered for parole in a couple of months. I am deemed ‘high risk’ to the public and whilst I fully understand how unlikely it is to be granted your first parole, there have been instances of inmates being refused not just first but second parole because they are still viewed as being high risk to the public. How can I get my risk status lowered, because if this is a reason that will be used for refusing parole, regardless of the courses I complete, or how well I have done in terms of addressing offending behaviour, how can I possibly progress?

➜ The Prison Service writes: Mr Mullan seeks clarification on how to reduce his risk to the public in order to be granted parole. In order to reduce his level of risk, Mr Mullan should seek to meet the targets which have been set within his OASys and should be completed both within custody and the community. It is often difficult to re-assess these risks until a sustained period of time has been served within the community; therefore it is possible for a prisoner to be released from custody with his OASys still reading ‘high risk’. Prisoners are given set targets of offence related work within the OASys which they should engage in. To be assessed as suitable for early release on parole, prisoners are assessed by both internal and external probation. Their cases are discussed by MAPPA to assess whether the risks posed are manageable within the community setting, and what measures can be put in place to both minimise and manage those risks. Unfortunately, it is not possible to predict whether or not someone will be assessed as suitable for parole because whilst report writers make recommendations, the decision to release prisoners lies with the Parole Board, which is an independent body.

WRIGHTWAY

Claudia Busby - Briefing & Casework Unit

SOLICIT ORS

RODMAN PEARCE

Mailbag

5 Come on in, it’s safe here!

..................................................... DENNIS JONES - HMP FORD Here's the thing - you're one of the most wanted terrorists in the World, with a price on your head that would keep Ethiopia fed and watered for many years. Nowhere to hide? Well, not exactly … instead of creeping from one stinking cave to another in war-torn Afghanistan (that can't be good for your health anyway), why not slip through security and customs in the good old UK, sign up for a million pound house, and of course an abundance of benefits - after all, this is the country where nobody gets thrown out, deported or rejected; instead, they can spend the rest of their days in peace, in the land of plenty. Even looking on the negative side, if you get spotted or informed on and then captured, you can only be held for 42 days! Once the six weeks are over, and the detention is finished, the Human Rights movement, with its army of ‘do-gooders’, would stop you being sent back to your country of origin where you would almost certainly face death. Better still, you could spend a while in one of Her Majesty's establishments; food and board, your own room with shower and all the amenities, and not too much to do on the job front either. If you didn't like that treatment, then you could ask for the best lawyer in the land and, guess what, the taxpayers of the good old UK will foot the bill. You would then qualify for round the clock protection and security and, should you fall ill, the NHS would supply, free of charge, all the treatment and medication you could ever need, more than likely in a private room, with a top consultant at your beck and call. Our country, our judges, our courts and our laws have been reduced to a complete farce, a nonsense, by the Government's sacrilege of supporting and upholding of the EU Human Rights legislation, resulting in such murderous terrorists having ‘right’ on their side. What is the World coming to? Never mind … come on in … it's nice and safe here!

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Mailbag

6

There are now three types of ‘Lifers’ in the prison system; mandatory lifers, discretionary lifers and IPPs. Numerous mandatory and discretionary lifers are well over tariff, some by 712 years. Lifers who should have been in open prisons and released on licence years ago have, through prison psychologists, been kept on the ‘therapeutic roundabout’; making Lord Phillips’ prediction more of a reality than ever.

Ticking time bomb ....................................................... TERRY LEGGATT - EASTERN REGION For well over a decade, prison overcrowding has been a major problem for the Home Office, the Prison Service and the Police. No sooner is the problem eased somewhat by ‘early release’ schemes than spaces are promptly filled again. Even with new prisons being built, overcrowding is a problem this country will have to deal with for many years to come. As for life-sentence prisoners, the haunting words of Lord Phillips in March 2007 about prisons … ‘becoming full of geriatrics’ is not going to be far from the truth.

Insidetime October 2008 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.

Licensed thuggery

he’s a seven figure sum investment - and who wants to see money go down the toilet? I know he receives abuse from fans for his brother’s horrific racial murder but does that not make Joey Barton as bad as his brother for defending his brothers' name in some kind of 'noble gesture' by unleashing brutal, violent assaults on people? Does Joey Barton feel because he is a million pound ‘football star’ that he has a license to do what he wishes? If he really wants to change then I would like to see him give something back to the community by getting his hands dirty in a local community setting working with children who have not got anything and look up to him as if he was some kind of superstar; the same children who probably once had posters of him on their bedroom walls and his name on the back of their football shirts.

Those two categories of lifer are now being pushed firmly to the back of the therapeutic queue as IPPs, many already over tariff themselves, are pushed to the front of treatment programmes. Now it’s their turn to join the therapeutic roundabout. So lifers are adding to the overcrowding chaos and whilst none of us is getting any younger, neither are we being allowed to make necessary progress as psychologists continue to refine assessments, move goalposts and, in general, find ways and means to delay that progress.

Machines don’t care

What I find even more disturbing is that due to a shortage of cells, those lifers reported as having DSPD (Dangerous Severe Personality Disorders) are expected to share a cell with somebody else. Does the shortage of spaces justify placing an inmate’s life at risk in what is potentially a very ‘high risk’ situation?

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

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

CHRISTOPHER BRYAN - HMP DOVEGATE

PETER GIANNASI - HMP RYE HILL

Following recent press coverage relating to the release from prison of Premier League footballer Joey Barton, and the violent behaviour that has seen him end up in the courts and in prison, surely this man can never again play Premier League football?

The time bomb is ticking …

A waste of 8 years

How can Barton, who behaved like an animal one drunken night in Liverpool outside a McDonald's restaurant, ever pull on a football shirt again? The behaviour he displayed cannot be that of the role model of any child that may aspire to be like him. Certain ‘hard man’ characters made the game of football interesting and popular - the likes of Vinnie Jones in his crazy gang years, Roy Keane and Patrick Viera come to mind - yet the behaviour of Barton is nothing more than that of a mindless thug.

......................................................................................... FAJR ELLIS - HMP WAKEFIELD As one of a growing number of life sentence prisoners who are labelled as having a ‘personality disorder’ I decided, many years ago, to actively seek treatment. As Prison Service interventions are, at best, a very poor showing, I decided to get my treatment in the Mental Health System. So after 8 years of treatment in Rampton Hospital, and my treatment being considered a success, I now find myself back where I started: HMP Wakefield. Worse than that, all my successful treatments have reduced my risk to 'medium' everywhere except within the prison system.

His contract, for which he receives thousands of pounds a week, should be terminated and if he wants to play football that badly then go and play in the lower leagues. Not only has he behaved like a brute but has also turned on his own team mates by attacking one and stabbing him in the eye with a lit cigar. We hear his management say that he’s ‘got problems’ and needs to do an anger management programme. Why waste any time on him? Could it be that

Only prison groups are accepted by the prison system, even though they aren't accepted by external bodies and those external groups aren't accredited. That means all those years frittered away; they won't even take me off the book. For those of you going to Broadmoor, Ashworth, Rampton or any of the DSPDs, I would suggest you get it in writing from the Ministry of Justice that your hard work will be recognised. This is not an isolated incident - it has been going on for years. My advice to you would be to stay in prison, stay away from DSPDs, and see your solicitor as soon as possible.

I write to suggest that prisoners in general should offer a nod of thanks to Ben Gunn for reminding everyone about the fabulous old comedy act 'Security Intelligence' in the September issue of Inside Time. And as for 'Covert Human Intelligence Sources' we should be tickled sick. Take the most amoral, thoroughly rotten, treacherous or deceitful, slimy personalities and give them free reign to preach any poison of any type against anyone they choose to dislike. Even better ... pay them for it! In this modern age of re-branding, might we upgrade their title to ‘Secret Human Intel Type Sources’ - the acronym says it all. Somewhere in the muddy swirl of prison management systems, the old model of 'Security Department' got mutated into a catch-all centre for the collation of every tedious bit of tittle-tattle to be fed into that most dubious of machines. Ben Gunn ironically noted that the Security Intelligence System and Machines, no matter how clever, are not intelligent. They don't have any judgement; they don't know right from wrong; they don't care which innocent families may be punished by the wrongful application of false information; machines don't care, they just do what they're told.

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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.

Removal of IEP status ..................................................... PETER SALISBURY - HMP RISLEY I have been enhanced for the last two years during which time I’ve had no adjudications or IEP warnings. I have been wing rep; health rep and rep on the governor’s committee. A new leading SO recently took over on our wing and has taken enhancement from all prisoners like myself who are denying their offence, indicating that this is now relevant to IEP status and citing a document which states that deniers should not have enhanced status unless they do an SOTP. Psychology insist that I am not eligible to participate in such courses, so on the one hand we are being told we are not suitable, yet on the other we are being punished because we are not participating. I am trying to get enhanced status reinstated because PSO 4000 clearly states that IEP status is concerned with prisoner behaviour and performance, and implementation should be consistent across the whole estate, except for fine detail between establishments.

➜ The Prison Service writes: The policy on the Incentives and Earned Privileges (IEP) scheme is set out in PSO 4000. On entering custody, all prisoners must be placed initially on the standard privilege level and a review undertaken within the first month. The IEP scheme must operate on at least three tiers: basic, standard and enhanced, but is to be devised locally subject to centrally prescribed criteria as set out in the PSO. Governors are required to ensure that their IEP scheme is fair and consistent, and that published procedures are in place for earning and losing privileges. The standard level is considered as the norm for the majority of prisoners. The privileges available to standard level prisoners are above the minimum level, e.g. basic regime, of facilities which prisoners are entitled to expect regardless of behaviour and performance. The guidance note that Mr Salisbury refers to was issued by the HM Prison Service, Interventions Group, in February 2008 to help staff clarify the policy regarding prisoners who are convicted of sex offences but who are denying the offences for which they are convicted. The guidance note entitled: Sex Offenders Who Deny Their Offence - Sentence Planning and IEP Guidance, specifically differentiates between registered appellants and those that, whilst maintaining their innocence, have not appealed against their conviction or had their appeals refused. A prisoner with a registered appeal should not now be set the Sex Offender Treatment Programme (SOTP) as an existing or future sentence plan target. Whilst a prisoner has the right to maintain his innocence, one of the key responsibilities of the Prison Service is to identify risk

and the means by which it can be reduced. If the Prison Service were to do otherwise, they would be failing in their duty to both the prisoner and the public. Therefore, because the Prison Service must accept the findings of the court, we consider it entirely appropriate that, if an appeal is unsuccessful, a prison should be able to set the SOTP as a sentence plan target and that a refusal to undertake it might affect a prisoner’s IEP status. In answer to Mr Salisbury’s specific query, HMP Risley are entitled to reduce his IEP status to standard if he is in denial and failing to comply with his sentence plan. However, if he is an appellant and his case is being reviewed by the Court of Appeal then he could have SOTP removed from his sentence plan until his case is heard and concluded. If he considers that he has been treated unfairly then he should submit a Form COMP 1 requesting that the decision to change his IEP status be explained.

Paul Norman - Safer Custody & Offender Policy

........................................................................ ROLAND MOULES - HMP ACKLINGTON Can Inside Time inform me of the policy regarding the Incentives and Earned privilege (IEP) scheme and if it is correct for a prisoner to be demoted to a lower level IEP status as a result of a proven adjudication.

➜ The Prison Service writes: The loss of specified privileges for a defined period as the result of an adjudication is separate from the loss of IEPS. Loss of IEPS is an administrative decision. Prison Service Order 4000, Chapter 2.19, sets out the guidance on the loss of IEP. The pattern of declining behaviour or performance must be judged against the standards specified in the establishment's published criteria. Just as the granting of a particular privilege or movement to a higher privilege level provide an incentive and reward for good behaviour and performance, so the loss of an earned privilege or demotion to a lower level should be seen as the normal consequence of a general deterioration in behaviour and/or performance. A single incident of misbehaviour or short term failure of performance will not automatically result in a change status, but may be taken into account when considering the prisoner's general suitability to be granted or retain privileges.

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I am in my third and final Parole Window and was handed my Parole Dossier (substantial) to look through and add my own submissions. On 1st July 2008, I was moved from Leeds to Acklington without any notice and had no choice but to bring my Parole Dossier with me to complete. As soon as I got here, I was told that none of my status is transferred from one prison to another and I have been downgraded to standard and also informed that I will not be entitled to gain any of my status back unless I complete the offending behaviour courses. I know there are Prison Service Orders that stop all this happening - however these orders do not appear to apply here at Acklington because the Governor imposes his own rules. I would be most interested to hear the official PSHQ ruling on this matter.

➜ The Prison Service writes: In accordance with Prison Service Order 4000, all prisoners who are transferred to Acklington on the Enhanced level of the Incentive and Earned Privilege (IEP) scheme maintain this level once it has been verified with the sending establishment. This occurs within the first week of the induction process. Acklington’s IEP policy differentiates between those who are registered appellants and those who merely deny their offence. As such, local policy does not deny a registered appellant the opportunity to gain or retain Enhanced status.

Mrs Anouska Herman - Briefing & Casework Unit

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I know Inside Time has covered this subject before, yet there remains a lot of confusion with regards to status earned in prison. I have served eight years and ten months of a 9 year 4 month sentence and been Enhanced 1 for over 8 years and Enhanced 2 (Super Enhanced) since 2004. I have been moved to nine different prisons and my status has always followed me. I have completed all courses that have been added to my sentence plan and, as an appellant, have been assessed as unsuitable to carry out the SOTP course; also refused the chance to do the ETS course because have been told there is nothing wrong with my ETS as I have completed all the other courses.

I hope the foregoing clarifies the rules surrounding loss of Incentive and Earned Privileges. I should, however, point out that I have not gone into specific details of Mr Moules's case as the Briefing & Casework Unit no longer deal with personal issues or complaints received from a prisoner via Inside Times. These issues should be taken up locally at the prison. Following that, Mr Moules may write to the Prisons & Probation Ombudsman, Ashley House, 2 Monck Street, London SW1P 2BQ.

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Mailbag

A destructive addiction ..................................................... ANDREW BROUGH - HMP ALTCOURSE

Gutter journalism hitting small business

Double jeopardy

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

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

DAVID WILLIAMSON - HMP EDINBURGH

C J GOODY - HMP LONG LARTIN

I write regarding the latest burst of publicity to hit the news headlines over ‘soft touch’ meals supplied to Scottish prisoners over a 1pm stay in the cells of the court while awaiting to be taken in the afternoon. The particular criticism is over guards being used to pick up hot meals from the local bakery or other small businesses. It is perceived that this is ‘too good for criminals’ and we should be given cold sandwiches and a packet of biscuits.

I would like to highlight the rate of pay for basic regime prisoners and what I consider amounts to double jeopardy; this after being placed on the basic level of the Incentives and Earned Privileges (IEP) scheme due to my behaviour and then, despite doing the same job, finding my wages reduced from standard (£19.50 per week) to basic (£5 per week). So where does the rest go?

Reliance Custodial Services get prisoners’ meals from a local contract shop; a small business and very much part of the Scottish community struggling with the credit crunch. They actually make little from Reliance by supplying these meals but are appreciative of the business put their way. So the press who are putting pressure on Scottish Justice Ministers to put a stop to hot meals supplied to prisoners are not only hurting the wellbeing of the prisoner, who is entitled to at least one hot meal per day, it’s also hurting the pockets of the small business supplying these meals.

I have just read the excellent contribution by Gerard McGrath featured in your September issue entitled 'The Neglected Addict', in which he highlights an addiction (gambling) that gets little by way of targeted intervention across the prison estate. I am mid-way through a two-year sentence for embezzlement, my fourth such sentence all of which were committed to fund my severe gambling addiction. I could not agree more with Gerard McGrath however my feelings stretch much deeper. The Prison Service does indeed shamefully neglect the gambling addict, but amazingly so do probation, courts, judges and police interviewers. In 2008, with the social acceptance of many new forms of gambling, extended opening hours of bookmakers, and hundreds of on-line poker sites, it is absolutely mind-boggling how these judicial organisations can remain so uneducated. In 1995, I was first interviewed, risk-assessed and sentenced regarding my gambling related offence. They dismissed my mitigation as simply 'blowing the money’. In 2008, some thirteen years on, Chester Crown Court used exactly the same term. In all four of my sentences I have received no counselling, not even in HMP Kirkham, where Gerard McGrath states GA is offered. I am appalled. Drug addicts receive many forms of constructive help, which is necessary, yet gambling addiction is just as destructive. Why are we left out? When will the authorities take it seriously and educate themselves accordingly?

Insidetime October 2008 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.

Try a little trust ..................................................... JULIE FREEMAN - LIBRARIAN, HMP THE VERNE I noticed in the September issue of Inside Time certain comments about the lending of reference books and PSO's from the prison library. It's true that reference material is used frequently and I'd like to add that some of the legal books cost hundreds of pounds to buy, so librarians are understandably reluctant to see them disappear onto the wings. We realise that considerable time may be required to study legal books, or read a PSO

thoroughly, and even though the library is open to all prisoners throughout the day and most evenings it isn't always the quietest of places to absorb complex information. So at The Verne we have introduced a policy of lending reference books and PSO’s for brief periods to prisoners at the librarian's discretion. Prisoners may borrow items overnight, or for a weekend (Friday afternoon until Monday morning); times when the library is usually closed, so other prisoners are not inconvenienced. We have been doing this for over a year now and so far no-one has abused the privilege. We have not lost a single item of reference material, nor had one returned damaged, and prisoners are appreciative of our efforts to help.

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➜ The Prison Service writes: The policy on Prisoners’ Pay is set out in Prison Service Order (PSO) 4460, which can be viewed in the prison library. It is Prison Service policy that all prisoners receive payment if they participate constructively in the regime of the establishment. The pay schemes and rates of pay which operate within establishments are a matter for local management, subject to rules and centrally prescribed minimums of £2.50 (unemployed) or £4.00 (employed) per week. Paragraph 2.6.1 states: ‘Governors may establish Higher Rates of Pay schemes for any purposeful activity that occupies one or more full sessions per week. Higher rates of pay schemes are a key earnable privilege under IEP, and may provide for pay differentials or restrict eligibility for certain activities based on incentive level, or a combination of both. Mandatory: Higher Rates of Pay schemes must only be available to prisoners who are on enhanced or standard levels of the IEP scheme’ Therefore, under Prison Service pay policy, it is acceptable for HMP Long Lartin to pay a prisoner less while he is on the basic level of the IEP scheme. Mr Goody also queries why he was placed on the basic level and complains of ‘double jeopardy’. The Incentives and Earned Privileges policy is set out in PSO 4000, which can also be viewed in the prison library. I advise Mr Goody to submit either an application or a Form COMP1 requesting an explanation as to why he was demoted to the basic level.

Paul Norman - Safer Custody & Offender Policy Group

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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Insidetime October 2008 www.insidetime.org

Treatment of Muslims

should be tackled sooner rather than later.

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

➜ The Ministry of Justice writes: Mr Jadhav asked for

A JADHAV - HMP DOVER

information about the rules and regulations in relation to strip searching and sniffer dogs, and also about tackling extremism in prisons.

There are a number of issues which affect Muslims in prison and I would be interested to know what the regulations are in place to address them. Muslims are not permitted to show their private parts to others; are members of prison staff made aware of this before conducting a strip search? Has the Prison Service issued any guidelines on how to address this matter and, if so, are they implemented? It is considered unclean for a dog of any sort to touch a Muslim person or their belongings. How is this matter addressed in respect of sniffer dogs during personal and cell searches? I am aware of teams whose job is to tackle extremism in various institutions and prisons. Is the group made up of Muslims/ non-Muslims or both? Are they aware of the true teaching of Islam? Many actions carried out in the name of Islam, either by an individual or their encouragement to others could be seen as extremist, for instance; calling others to prayer, growing a beard, wearing the Hijab or discussing the teachings of Islam.

Strip Searching In accordance with the procedures set out in the National Security Framework (NSF) policy document, no person subject to a full search (previously termed strip search) will be completely naked at any time. As part of a full search, the individual will be asked to remove his/her upper clothes for an inspection of the upper body and asked to replace them before continuing with the search of the lower body. All searching staff must be trained in searching procedures and will be aware of this requirement. It should also be noted that full searches are allowed under Islamic law when such a search is necessary for the maintenance of security and the safety of staff, visitors and prisoners alike. I understand that this is the established position of Muslim scholars from the Al Azhar University, and is practised in the prison context in many Muslim countries.

Too often, Muslims are labelled extremists for following their faith and are targeted by the authorities. However, if a prisoner wants to follow his calling in Satanism, Paganism or whatever this is recognised, respected and accepted.

Sniffer Dogs Passive dogs may only be permitted to search people and cells. We are aware that if dog saliva comes in contact with the clothing or religious artefact of a Muslim, it renders these items defiled. As such, a prisoner must be allowed to change clothing if this occurs.

To counteract the fear of extremism, the issue needs to be addressed through education, proper consultation and intellectual debate, not distributed in a biased and inaccurate fashion as is so often the case. Stereotyping every Muslim as an extremist is dangerous and disrespectful, and the matter

Dogs used to search cells should not be allowed to touch holy books and artefacts. The prisoner should be allowed to identify and remove religious artefacts from their cell so that the supporting staff can search them by hand before the cell is

Signing the register ..................................................... NAME & ADDRESS SUPPLIED If a person is released under the Early Removal Scheme (ERS) or repatriated to another country, do they still have to comply with the terms of the sex offenders’ register? My understanding is that in my case, there is now an Anglo-Irish agreement that so long as I adhere to the terms of the Republic of Ireland’s register, the Republic will notify the UK of any intention to travel to the UK therefore I do not have to register separately when in the UK.

➜ The National Offender Management Service writes: If your correspondent is currently in prison in the UK, depending on whether he had committed a relevant offence under the Sexual Offences Act, he would automatically be subject to the sex offenders’ register on his release. Say, for example, on release, he is subject to the sex offenders’ register for 7 years, if he then chooses to go and live in Ireland, he would have to notify the UK police at least seven days in advance of his plans to travel to ROI. Once in Ireland, he would not be subject to the UK sex offenders register‘s requirements (although subject to the offence he committed, he may be subject to the ROI equivalent). However, if he were to return to the UK any time during those seven years, he would have to notify the police that he was back in the UK and he would, once again, be subject to the UK sex offenders’ register.

Paper clipping

John Race - Public Protection Unit

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searched. It is also good practice to issue prisoners with a clear plastic pouch to cover holy books and artefacts. Also, bedding should be changed where the prisoner feels that it has been defiled. Extremism Mr Jadhav asks about efforts to tackle extremism in institutions including prisons. It is important to be clear that the Prison Service supports prisoners who follow a faith. Faith can play a positive role in the lives and rehabilitation of prisoners. Legitimate expressions of faith by prisoners are not deemed to be indicative of radicalisation or extremism by the Prison Service. The Home Office provides funding to help a variety of institutions (including local authorities, schools, community groups and the police) to tackle violent extremism. This forms part of the Government’s strategy to counter terrorism, part of which is to prevent people from becoming or supporting violent extremists. Like other law enforcement agencies in the UK and around the world, the National Offender Management Service is improving its awareness and understanding about all forms of extremism and radicalisation. There is work underway across the Prison Service involving a range of staff (both Muslim and non-Muslim), including providing training to prison staff about extremism and extremist ideologies, and developing our understanding of what can be done to tackle extremism and to reduce the risk of prisoners becoming radicalised whilst in prison. Within prisons, Muslim chaplains can play a key role in challenging expressions of certain forms of extremist ideology from a position of understanding and knowledge about Islam.

Rosemary Hanna – NOMS

Misguided information ........................................................................................ FARHAD IBRAHIM - HMP ASHWELL Many people believe that all foreign national prisoners receive £3,000 on release. This is misguided information and needs clarification. The International Organisation for Migration (IOM) has been asked to help any detainee who wishes to go home under a voluntary return scheme with 'Reintegration Assistance' - commonly thought to be £3,000 cash. The scheme is only for non-UK, EU or EEA nationals who fall into one of the following categories: • Early Release Scheme - those who can be released early from their original sentence in order to be returned home. • Time served prisoners • Those who have completed their sentences but will not be released from custody in the UK because they do not have the right to live in this country • Prisoner Transfer Agreement - prisoners who will complete their sentence in their country of origin Depending on which of the above categories they fall into, prisoners might receive up to £3,000 of reintegration assistance from IOM in their home country. This assistance is not given in cash but made in direct payments to providers of: equipment, vocational training, medical needs, accommodation, help to set up a small business. I hope this information clarifies the situation and if you want to find out more about IOM or Voluntary Return and Reintegration Assistance then contact the Home Office on 0207 035 1550.

Officer remembered ................................................... PAUL SULLIVAN - FORMERLY HMP WAKEFIELD It was with sadness that I heard recently from a number of friends at HMP Wakefield of the death of Officer Tillier. Wakefield is a prison of contrasts with the whole spectrum of the warder species; but, exceptionally for Wakefield, Mr Tillier was not just a good officer he was also a nice guy. Not only would he diligently sort out prisoners' problems, he could always conjure up a screwdriver to tighten your glasses, or find that fork or plate that others claimed could not be found. We all knew of problems he had but he never let those interfere with his relationship with prisoners. Through your pages, may I pass on the sincere condolences of both myself and my friends at Wakefield to his family, friends and colleagues.

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have fought in war zones. Their conclusions are based on the findings of three separate studies: Ministry of Defence research at HMP Dartmoor; a survey of eight jails by the Veterans in Prison support groups; and a series of Home Office research projects. In addition, probation officers provided case histories of 74 individuals so that researchers could assess the factors that drove ex-Services personnel to crime.

Ofcom Report on the cost of telephone calls made by prisoners welfare fund, or by offsetting costs of distribution through the prison shop where that is contracted out. The Scottish Prison Service told Ofcom that they used the commission to offset costs in operating the system! SPS also received a rebate of £93 million at the beginning of the contract and £25,000 annually for 4 years and £57,000 for the decommissioning of the previous telephone system. In June this year the National Consumer Council (the NCC) sent a complaint to Ofcom about the price of telephone calls made by prisoners in England, Wales and Scotland. The main allegations in the NCC complaint are: ■ the high cost of calls from prisons and the extent to which these appear unrelated to the cost of providing the service; ■ the continuing high levels of charges, at a time when most other basic telephone services have fallen significantly in price; ■ the terms and conditions of the existing service explicitly seek to prevent competition; and ■ the extent to which these issues are caused and made worse by the unsatisfactory and secretive nature of the contracts. The Ofcom report published on 22 September notes: 1) HM Prison Service in England and Wales, BT, the provider of the service appears to have earned a high return on its investment in the Pinphone system. The Prison Service also receives a 7% commission on the calls made by prisoners. 2) In Scotland, Siemens appear to have made lower returns than BT, but the Scottish Prison Service receives up to 25% commission on the calls made by prisoners. This in addition to a rebate fee of £250,000 over the term of the contract. 3) The Prison Service in England and Wales told Ofcom that this commission was used towards other services to all prisoners either by crediting it to a general prisoner

4) In 2007/8 the revenue generated by call charges across all publicly - managed prisons in England and Wales was more than £10 million. In Scotland the figure was £1.3 million. 5) On the basis of the Ofcom analysis the average price of a UK landline call is more expensive in HMPS and the SPS prisons than in any Serco - managed prison. BT’s Pinphone price of 53 pence compares to the next closest Serco price Dovegate at 46 pence and the cheapest, Ashfield at 32 pence. 6) In April 2004 HMPS negotiated an agreement with GCC for the provision of international calls in some prisons. GCC prices range from around 20 pence per minute to £1.09 per minute. By contrast BT international prices range from around 66 pence per minute to £3 per minute. HMPS plan in future to roll out the GCC service to all prisons. Ofcom concluded that the issues raised by the National Consumer Council would be best considered at least in the first instance, by the government bodies responsible for prisons: ‘Our view is that the issues we have highlighted would be most effectively addressed by considering possible changes to the current contracts and careful design of the tendering processes for the future contracts’ Ofcom said. When the Ombudsman (whose jurisdiction does not include Scotland) recommended in August 2006 ‘an impact assessment’ on the cost of telephone calls made by prisoners the Prison Service declined the invitation to do so. They will find it more difficult to ignore the stark findings now made public by Ofcom.

Veterans behind bars Around 10% of prisoners in British jails are former members of the armed forces, a report has shown. And a high proportion of them have suffered some form of post-traumatic stress disorder after leaving the forces. Often their convictions were for drug or alcohol related violence. The National Association of Probation Officers (Napo), who carried out the research, called on the government to do more to tackle mental health problems suffered by people who

The Royal British Legion said that whilst most people in the armed forces successfully managed the transition intro civilian life, ‘a few get into a vortex that drags them downwards’. A spokesman said: “We believe more effort should be made to tackle the acceptance of heavy drinking that still occurs among sections of the Armed Forces, to identify causes for alcohol misuse, to help vulnerable personnel reduce their alcohol intake, and to investigate the long-tem psychological health effects of alcohol over-use among Services personnel”. A spokesman for SSAFA Forces Help, the Services charity, said: “Some do find it difficult to adjust and feel isolated and lonely. In some cases people will descend into alcohol or substance abuse - then lose their jobs and spiral into homelessness and eventually end up in jail”. Banks on Sentence page 37

Data on 5,000 prison staff lost A portable hard drive holding details of up to 5,000 prison staff has been lost, the government has confirmed. The names, dates of birth, national insurance numbers and prison service numbers were lost by private computing firm EDS as long ago as July 2007. However, staff only realised the data was missing in July of this year. The loss of the data was reported to the Prison Service in July, but Justice Minister Jack Straw was not informed of the problem until September after a letter about the missing hard drive was passed to the News of the World (pictured).

News of the World September 7th

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The latest disclosure comes just weeks after the details of thousands of prisoners, held on a computer memory stick, were lost by a private contractor.

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Right to a fair hearing is being breached at Forest Bank Cunninghams Solicitors have accused Forest Bank Prison in Manchester of being ‘consistently obstructive’.

Holloway Prison had made a lot of progress over the last four years but the levels of selfharm remained high, with an average of more than two incidents every day, said Anne Owers, Chief Inspector of Prisons, publishing the report of an unannounced inspection of the London prison. More than half the women surveyed by the inspectors said they had felt unsafe, significantly more than at the time of the last inspection. This was strongly linked with victimisation by other prisoners – nearly twice as high as in other comparable women’s prisons. Inspectors found: ● Bullying and pilfering on the residential units was a major concern. Much of this was low-level, but appeared to be accepted as part of life at Holloway. Holloway’s layout makes safe supervision extremely difficult and the prison’s violence reduction strategy was not effective in preventing and dealing with victimisation and bullying. ● Services for foreign national women, over a third of the population, were less well developed.

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● Healthcare services also showed some improvement, although the inspectorate was concerned at some of the inconsistencies in the delivery of primary healthcare. Of greater concern was the severity of mental illness among women in the in-patients unit, some of whom had waited for far too long for transfer to appropriate secure NHS facilities. ● There were insufficient activities to occupy nearly all the women at Holloway, and most women could be unlocked for about 10 hours a day. Education was particularly good, and well-regarded, although allocation was unstructured and did not necessarily meet need. By contrast, most of the available work was mundane, with little formal vocational training. ● More needed to be done to help women maintain good contact with their children. Early release, under the end of custody licence provisions, was in some cases hampering effective resettlement planning.

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A complaint has been sent to Forest Bank and Inside Time understands that a number of changes have been made including: • A dedicated fax number. • Booths to be booked in advance for legal visits when independent adjudications take place.

Cunninghams have issued the following advice to prisoners: • Seek legal advice in all cases, whether you wish to plead guilty or otherwise. • If you have sought legal representation or if you wish to be represented, inform the independent adjudicator/governor at your hearing. • Ask officers to check with the visits/booking in clerk whether or not your representative is in attendance. • If your legal representative has not arrived request an adjournment. • If you are refused an adjournment and found guilty, you have the right to take further action. • Keep a copy of all internal applications you submit - as these in some establishments have a tendency to go missing.

emailaprisoner.com ➜➜

Bullied inmates feel unsafe at Holloway

THEY CLAIM: ● Paperwork relating to adjudications including F256 is not being provided when requested – either in writing well in advance or on the morning of the hearing. ● Solicitors are being kept waiting all day and subsequently told the matter has been dealt with. ● No attempts are made to check with the front desk (or call to the solicitors office) to confirm whether the solicitor has arrived or indeed on their way. ● Clients become frustrated and are railroaded through adjudications. ● Wrong hearing dates are being provided to solicitors and in some cases a few days after the hearing. ● Internal governor level adjudications are being heard by a wing officer (untrained).

Costs Down 17% Prisons subscribing up 55%

Since the emailaprisoner.com (EMAP) article featured in our September issue a great deal has happened. Thirteen more prisons have signed up bringing the total to 36. A number of organisations are now subscribing and numerous solicitors have opened accounts. Users of the service have increased by a massive 50% almost overnight in spite of it being early days for many of the users. This has meant that the cost, which was reduced from 30p per message to 25p in anticipation of increased usage, has benefitted many people already. The new prisons now operating this service or just being set up are shown in bold: Ashfield, Askham Grange, Blantyre House, Bronzefield, Camp Hill, Canterbury, Channings Wood, Chelmsford, Doncaster, East Sutton Park, Eastwood Park, Edmunds Hill, Elmley, Erlestoke, Full Sutton, Guys Marsh, Holloway, Kirkham, Leeds, Leyhill, Liverpool, Maidstone, Morton Hall, New Hall, Parc, Portland, Reading, Rochester, Shepton Mallett, Swaleside, Verne, Wakefield, Wealstun, Winchester, Wolds, Woodhill Derek Jones, Managing Director of EMAP told Inside Time:‘Any solicitors advertising who haven’t yet opened an account and started using the system are invited to look at the list of prisons and consider whether or not they have clients in these establishments.’ * You can also promote the fact that you use the email service by including text or the EMAP logo in your advertisements. EMAP is supporting:

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New canteen supplier announced

Did I say that…?

DHL/Booker have won the contract to supply the Prison Service with goods for prisoners which begins in October 2008.

It will be possible for a single mother to check out a new boyfriend in such a way (one of the examples given for the pilot) and it is not difficult to imagine a jealous and discarded girlfriend making unproven allegations that will then be passed on. Anyway, if a woman needs the police to check out her man before she leaves him alone with her children there can hardly be the bond of trust necessary for a successful relationship.

DHL's expertise lies in delivery and logistics and Booker is the UK's largest cash and carry operator. A Ministry of Justice spokeswoman told Inside Time: “The prison canteen is a crucial and integral part of the operation of a prison. The opportunity for prisoners to obtain extra products to supplement their daily provisions is a long-standing feature of prison regimes.” Under the new contract, DHL and Booker Direct will rationalize the products available to prisoners to a range of 750 product lines, from tins of tuna to stamps and telephone credits. The range has been developed in conjunction with prisoner groups, such as the Independent Monitoring Board (IMB), Vegan Prisoner Support Group and Chaplaincy and the changes will affect 80,000 prisoners. HM Prison Service will select approximately 500 low-risk prisoners, based on a good behaviour record, to pick, pack and bag retail orders for other establishments as well as their own, in 17 workshops in prisons across England and Wales. DHL will provide training for prisoners to complete NVQ qualifications in Warehousing and Logistics. The picking, packing and deliveries will be managed by DHL in close partnership with the Prison Service.

4,244 sit ups in two hours sets World Record Robert ‘Ninja’ Brown (pictured), a lifer at HMP Coldingley, has completed a remarkable world record of 4,244 non-stop sit-ups in two hours and in the process raising £2,000 for his chosen charity, two special needs groups who visit the gymnasium at Coldingley once a week for some fun games and competitions. The groups come from a school and the local community, and the money raised helps take them on holiday and also provides for a Christmas lunch. Senior PEI Andy Gill told Inside Time: “The sit-ups that he does are with knees bent which makes it harder. His lower back and shoulders never touch the mat and he keeps this up for two hours. Anyone who thinks it's easy should try just 2 minutes worth and they’ll think again!”

‘Giving parents the ability to find out if someone close to their child poses a risk will empower them’

Since becoming a dedicated online centre in March 2007, the centre at HMP Chelmsford has gone from strength to strength. They have achieved excellent enrolment levels and test pass scores, as well as introducing one-to-one support to help learners with severe learning difficulties. They even produced a promotional DVD to be featured on the prison TV channel.

Former Prisons Minister Ann Widdecombe writes: ‘I was sufficiently uneasy about Sarah’s Law when I met the Paynes eight years ago, as Shadow Home Secretary, not to give them my whole-hearted backing but instead to agree to look at possible legal changes. Then, I was worried about vigilantes but now I am even more worried that wholly innocent people will, as a result of malicious or mistaken allegations, be branded with one of the worst offences imaginable.

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Paranoia and press hysteria does not protect children and I speak as someone brought up in children’s homes as a child.

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Of course, we now know that child abuse is more widespread than was once thought and it must surely be right to warn children about overtures from strangers, but we are in danger of going completely overboard and, in the process, of ruining reputations and innocence alike. Sarah’s Law may be appealing at first sight but dig deep and it may become ugly.’ Lifer Charles Hanson adds: ‘Sarah’s Law ignores the very fact that the perpetrators of most child sex abuse are those closest to children themselves namely the parents, step-parents and relatives. There is a also a wealth of evidence from documented cases that the Catholic clergy, social workers and those working in children’s homes have, over the years, been exposed as child sex abusers and of course the guilty ones are persons in positions of trust and influence.

Sarah Payne was murdered by a convicted paedophile, not by someone who had once been merely investigated. This pilot throws out any concept of innocent until proved

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These days you cannot take a child on your lap or put a comforting arm around a tot in distress without some busybody calling it “inappropriate”. Now they will be telling the police who will tell some parent and some poor innocent soul will never know why he cannot train the youth football team.

Home Secretary Jacqui Smith announcing the ‘Sarah’s Law’ pilot schemes in four areas in England.

Stephen Orbell, Every Step Ltd. learning centre manager in HMP Chelmsford, pictured receiving an award at the East region event. Stephen was chosen from over 1,750 nominations put forward and will now represent his region at the learndirect Achievement Awards.

guilty and that has profound implications. Even under-18s who innocently offer to babysit will be caught by the rules.

Petherbridge Petherbridge “In “In a a cell cell give give us us a a bell” bell” We provide assistance in all aspects of Criminal Defence, Family, Personal Injury & Prison Law, with a well-earned reputation for success. . Adjudications . Recalls & Oral Hearings . Parole Representation . Reviews . IPPCategorisation and Extended Sentences . Judicial Review / Human Rights . All Lifer Reviews . Transfers / CCRC . HDC Applications To contact our Prison Law Team direct call Matt Bellusci on 07834 630847, Becky Antcliffe on 07969 005616 or write to: Petherbridge Bassra Solicitors, Vintry House, 18-24 Piccadilly, Bradford BD1 3LS.

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NEWS IN BRIEF

Al-Qaeda bid to recruit inmates Offender charity St Giles Trust has launched a 5-minute animated film called The Hard Cell to show the experiences of someone leaving prison and trying to get their life back on track. The film tells the story of 35-year old Michael, who leaves prison with little money and nowhere to live. During his efforts to find a home and a job he encounters the ‘Angry Mob’ who represent the barriers ex-offenders often face when they try to reform and reintegrate back into society. We are shown two versions of Michael’s post-prison experiences – one when he leaves prison without the support of St Giles Trust and another when he receives the support of an ex-offender the charity has trained to provide a ’meet and greet’ service for newly released prisoners. The film aims to look

beyond the stereotypes that are often attached to ex-offenders and show that they can make a positive contribution to society if they are given a second chance. Tamsin Gregory, Communications Manager at St Giles Trust, told Inside Time: “The issues we work with don’t always attract public sympathy so we wanted to make an original, quirky film which would encourage people to look at our clients in a different light. By excluding ex-offenders we actually increase the rate of re-offending as people are forced back into crime. As its title suggests, the film aims to ‘sell’ the idea of society, particularly employers, engaging with ex-offenders.” The film is available to view on their website: www.stgilestrust.org.uk

Speakers subject to change The National Black Police Association (NBPA) (not to be confused with The National White Police Association) has its annual general meeting at York Racecourse next month. Barring a stewards’ inquiry, keynote speakers will be Metropolitan Assistant Commissioner Tarique Ghaffur (pictured top) (currently on enforced gardening leave after making race discrimination claims) and the Rt Hon Keith Vaz MP (bottom left) (the subject of a Commons sleaze inquiry over his links to a bent lawyer). Also speaking: the NBPA’s controversial president, Scotland Yard commander Ali Dizaei (bottom right) (suspended over misconduct allegations). The conference programme wisely says: ‘Details regarding the speakers are subject to change.’

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Al-Qaeda terrorists have targeted 800 Muslim criminals they want to recruit for their ‘holy war’ against Britain, say prison probation officers. According to a report in the Sunday Times, the probation officers believe that attempts have been made to convert one in ten of the estimated 8,000 Muslims in the eight highsecurity prisons in England and Wales to the Al-Qaeda cause in the past two years. The radicalisation is being led by some of the estimated 150 terrorist prisoners in England and Wales. The number of Muslim inmates has grown over the past decade to more than 10% of the jail population.

Gillette is to sponsor the Zaradzic War Crimes Trial in The Hague.

Most are young men, typically petty offenders serving two or three-year sentences for crimes such as burglary, theft, drug dealing or fraud. Many are impressionable and feel aggrieved by what they see as mistreatment by the authorities. They are considered to be ripe for recruitment by Al-Qaeda. One of the most notorious Al-Qaeda terrorists, Richard Reid (pictured above), the ‘shoe bomber’ who was convicted of trying to blow up a transatlantic jet in 2001 with explosives in his trainers, had served time as a petty crook before being radicalised.

In London a concert promoter admits it may have been a mistake to book Wembley Stadium for the opening night of Gary Glitter’s comeback tour.

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As the ‘credit crunch’ hits everyone, the Prince Charles imposes an economy drive in the Royal Household.

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Newsround Walking off diabetes

NEWS IN BRIEF

As the autumn term starts, parents everywhere complain about the price of new school uniforms.

And America’s worst weatherman sticks to his forecast of occasional cloud and sunny intervals.

People with diabetes can help keep their sugar levels in check by walking for 45 minutes a day. According to a Newcastle University study of people with late-onset (type 2) diabetes, walking improves the body’s ability to store sugar and burn fat, which after a few weeks reduces the effects of diabetes. “This gives people an immediate way to help control diabetes, without any additional drugs,” said Michael Trenell, who led the study. “It’s a simple message.” More than 2.3 million people in Britain have diabetes, around 90% of whom have type 2.

Red wine’s healthy properties Ban lifts to get fit Drinking red wine can boost your chances of leading a healthy life - but it won’t make that life a significantly longer one. In a study on mice, those fed the ingredient resveratrol which is found in the skin of red grapes – had stronger bones, healthier hearts, better balance and co-ordination and fewer cataracts than those not given the compounds. However, they did not live any longer than the other mice. “I was most surprised by how broad the effects were on mice,” David Sinclair of Harvard Medical School said. “Usually you focus on slowing down or ameliorating one disease at a time. In this case, resveratrol influences a whole series of seemingly unrelated disease associated with ageing.”

It’s not hard to get fit: just walk up the stairs. Researchers have discovered that banning the use of lifts in workplaces leads to better fitness, less body fat and lower blood pressure, reducing the risk of dying prematurely of any disease by 15%. The findings are based on tests on 77 employees of the Hospital of Geneva, who all did less than two hours exercise each week, and climbed up and down fewer than five flights of stairs. They were then banned from using the lift for 12 weeks, which raised their daily climb from five to 23 flights. After 12 weeks, their aerobic capacity had increased 8.6% on average; their body fat levels were down 2%, blood pressure 2.3% and levels of “bad” cholesterol 3.9%.

Getting fit without doing exercise

On his arrival in Heaven, Brian began to wish he’d never donated all his organs to medical science.

A drug that causes “couch potato” mice to become fit without taking any exercise could lead to breakthroughs in treatments for obesity and muscle wasting diseases. The drug, known as AICAR, seems to work by boosting a protein that promotes muscle growth. In tests, at the Salk institute in California, mice that took AICAR for a month could run on a treadmill for about 44% longer than untreated mice, without any special training. Effectively, they had become physically fit without moving a muscle – a development which professor Ronald Evans, who led the research, said had left him “blown away”. AICAR is “tricking the muscle into “Believing’ it has been exercising”, he said. “It proves you can have a pharmacological equivalent to exercise.” A second drug was even more effective, but it relied on the mice taking regular exercise. Mice that took GW1516 while exercising could run 70% further than mice who had only taken exercise.

Did I say that…?

‘As a student in the early 1970’s I had no political leanings … never interested in the theory just practicality of doing things’ Chancellor Alistair Darling speaking to The Guardian newspaper. This political self-portrait has raised eyebrows and caused amusement among old Edinburgh comrades who remember Darling from the mid-1970s, in the years before he joined Labour, as a keen supporter of the International Marxist Group, British section of the Trotskyist Fourth International. They are also puzzled by his claim that he was always a mild-mannered pragmatist. In fact, as a member of Lothian regional council in the 1980s he was a local-government ‘leftie’ after the style of Ted Knight in Lambeth and Derek Hatton in Liverpool, sometimes imposing massive rate rises in defiance of Thatcher’s ratecapping laws, sometimes threatening not to set a rate at all and to drag the council into bankruptcy. (Former Labour Party Leader Neil Kinnock referred to him as “that bearded Trot”.) Clearly all this must have slipped his memory.

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Insidetime October 2008 www.insidetime.org

 Do you know...? • 1.2 million people are killed in road accidents worldwide each year: more than die of Aids. • Government officials clocked up more than 300 million air miles last year. • An elderly couple is being sued by an ambulance man who twisted his ankle in their driveway. Stephen Canning tripped on the doorstep when responding to an emergency call from 82-year-old Joan Boardman, who suffers from angina. Four months later, she received a letter from his solicitor, claiming damages for loss of earnings Canning says that the driveway was improperly lit. A spokesman for the union Unison, which is backing his claim, said: “When someone is injured doing their job, then somebody has to take responsibility for it.”

they will be required to write a short essay on a cultural subject of their choosing. • More than a quarter of adults in Britain struggle to add up prices in their heads when shopping and 47% of adults wish they had learnt more maths at school. Women seem to be less numerate (or more honest) than men: 34% say they have trouble working out sums in their heads compared with 18% of men. • More than half of British parents believe that childhood is over by the age of 11. Almost three-quarters allow their children to drink alcohol at home before they turn 18. More than half of children aged 11 to 16 are allowed to stay out after 11pm. Three-quarters of parents say their children have scant regard for authority and frequently defy them. • More than a million adult Britons can read and write no better than a seven-year-old.

• One in five government ministers campaigned to save the post offices in their constituencies from government plans to axe them. • 60 per cent of British adults are unconvinced that climate change is caused by humans while 40 per cent believe that scientists are exaggerating the problem. • Geordies are considered the most miserable people in the UK; almost half are unhappy about their finances, a third are demoralised by work and just over a fifth aren’t too keen on their partners. • The average male life expectancy in Glasgow is a mere 69.9 years, 12 years less than in Chelsea. • More than 2.6 million people claim incapacity benefit, with 800,000 having received the allowance for more than a decade.

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• Four out of five Scouts aged 16 to 22 regularly get drunk, according to a survey taken at a jamboree in Florence; half have taken soft drugs such as marijuana.

• Pringles has changed its legal status from ‘crisp’ to cake’ thanks to its meagre 42% potato content - thereby exempting them from VAT. • A monsoon is commonly misused to describe heavy rain - when it actually refers to the wind that only affects the Indian subcontinent. • More than 12,000 laptops a week go missing at US airports and 65% of those laptops are not reclaimed - the security implications of which are frightening. • One in 20 of Britain's population attended a summer festival this year, and with over 500 to choose from in the UK alone, what started as flower power is now big business.

• When placed in water, pears sink while apples float. • Despite quitting 26 years ago, Abba is still one of the world’s best-selling bands, selling three million records a year.

• The number of deaths in Britain directly attributed to alcohol almost doubled between 1991 and 2005.

• The works of classic European authors are being axed from modern language ALevels. From September, pupils in England will no longer be able to study set texts by the likes of Voltaire and Brecht. Instead,

• With Sterling losing 20% of its value against the Euro over the past year, holidays to the UK have jumped 20% - UK domestic holidays are up 14% also.

• A single person in Britain needs to earn at least £13,400 a year before tax for a minimum standard of living.

• Prostitutes in the US are 52 times more likely to be killed in the course of their job than if they worked in the second-most dangerous employment for women, which is serving in a liquor store.

• British shoppers are to be warned about the “hidden risks” of a cheese sandwich. As part of its drive to reduce the nation’s consumption of saturated fats, the Food Standards Agency is considering adopting “shock tactics” similar to the warnings on cigarette packets: dairy snacks might be emblazoned with graphic images of furred blood vessels and fat deposits.

15

Why is that Mum?

It delays the service

• The British Council – a quango charged with promoting British ideas abroad – spent £50,000 of taxpayer’s money on a new typeface for its pamphlets. • The average employee surfs the internet at work for an hour and a half each week, costing the economy £10.6billion a year.

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Insidetime October 2008 www.insidetime.org

Diary

Month by Month by Rachel Billington arlier this year I reported on half a dozen magazines produced from prison or about prison. Now Inside Time has been sent The Big Hoose, a new magazine on the scene, coming out of HMP Barlinnie in Glasgow. Recently, I’ve been in correspondence with a gentleman (I know his name) from Barlinnie who feels we don’t pay enough attention to prison news in Scotland and also has some tough criticism to make of Barlinnie itself. (One of the problems he highlights is the difficulty getting hold of copies of Inside Time, which is clearly something we need to address.) So I’m glad to get the chance to draw attention to a positive initiative.

E

The Big Hoose is a lively 20 page magazine with interviews, quizzes and reports on Barlinnie and news from football matches to the anniversary of the execution within the walls of Peter Manual, the infamous multiple murderer.

Magazine, Day Services, HMP Barlinnie, 81 Lee Avenue, Glasgow G33 2QX. Here’s an unusual chance for some South to North or, of course, North to South cross-fertilization! Little Dorrit is one of the least known of Charles Dickens’ novels. In my view it is one of the greatest. I’d just finished reading it when I heard the BBC has made a fourteen-part serial due to air at the beginning of November. The book is set in the 1820s and written by Dickens thirty years later. The reason I’m mentioning it here is that the book opens in a prison cell in Marseilles and a London prison, The Marshalsea prison for debtors, plays a major part in the rest of the story. Here’s how Dickens describes it: ‘It was an oblong pile of barrack buildings, partitioned into squalid houses standing back to back, so that there were no back rooms: environed by a narrow paved yard, hemmed in by high walls duly spiked at the top.’ The point about debtors’ prisons at that time was that whole families lived there; the debtor, usually head of the household not able to leave the prison, but his wife and children able to move freely in and out except at night-time when all were locked in together. Early in the book, Dickens describes the horrifying birth of Little Dorrit and the death of her mother in the same room where, twenty years later, she and her father still live.

Martyn Purdie, one of The Big Hoose team, not only wanted to show off his mag but was also seeking advice on how to improve it. We suggested there might be other more established editors in the prison system who could help. He jumped at the idea and sent us the following: The Big Hoose is a brand new magazine for prisoners here at HMP Barlinnie. We aim to report on all the goings-on round the establishment, such as events and training courses, keeping prisoners informed and up-to-date, as well as providing prisoners with activities during lock-up periods such as our cartoon workshops and secret magician. We are into our fourth edition and going strong, but we’d love to hear from other publishing teams to gain some guidance from those well established and to share ideas. To get in contact with us write to: Big Hoose

The story ranges widely outside prison, as far as high society in London and travelling high society in France and Italy, but always returns to the Marshalsea. In a momentous turn of fate, the Dorrit family find themselves rich and back in the wider world while Arthur Clenham, our hero and the Dorrits’ philanthropic patron, finds himself a debtor and entering the dreaded Marshalsea. In the descriptions of Clenham’s arrival and subsequent months behind walls, Dickens brilliantly captures the sense of helplessness, lassitude and depression which degrades and tortures him. He occupies the same room previously inhabited by the Dorrits. ‘Imprisonment began to tell upon him. He knew that he idled and moped. After what he had known of the influences of imprisonment within the four small rooms of the very room he occupied, this consciousness made him afraid of himself. Shrinking from the observation of other men, and shrinking from his own, he began to change very sensibly (seriously). Anybody might see that the shadow of the wall was upon him.’

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A scene from Little Dorrit to be screened on the BBC in November In case I am putting off some of you with a sense of nothing but gloom and misery, I should add that the book also includes great comic sketches and glorious satirical pictures of the wealthy establishment of the day. Obviously I haven’t seen the TV series yet but, if it reflects the book, I recommend looking out for it. When I called the BBC press office they still didn’t have the exact dates. Dickens himself wrote and published Little Dorrit in parts, so fourteen episodes broadcast twice weekly are true to the spirit of his creation. Think of it as a kind of high class Victorian ‘soap’. Inside Time poetry pages go from strength to strength. When we started we had no idea so many of you would be so interested and write poetry that is often very moving, original and illuminating. If only we had space to publish more, but we will be following up with a second anthology in the next few months. I was thinking of this when I read an article in the Daily Telegraph by our Poet Laureate, Andrew Motion. The kicking-off point for his piece is that there are ever more articles about ‘the death of poetry’

and there is a danger of it being thought ‘difficult’ or ‘boring’ particularly, he writes, among boys in secondary schools. His own belief, to the contrary, is that ‘poetry is no more irrelevant to us as human beings than breathing, which in certain respects it resembles.’ He makes the point that poetry is a natural gift with which everyone is familiar at an early age. He talks about it as a ‘primitive pleasure which is endlessly transformed and re-invented.’ At this point I began to feel that he must be reading Inside Time where our poets, many of whom have never written poetry before, seem unafraid of couching their feelings and ideas in poetic language. My next step is to send him copies of your work as published in Inside Time. The opening of the 2008 Koestler Awards will take place in October. This year the artwork is being displayed at the Royal Festival Hall in London with poetry reading later in the month. I plan to report on both for Inside Time, always the highlight of my coverage of prison events.

Health

Insidetime October 2008 www.insidetime.org

Inside Health... with Dr Jonathon Following the launch of Inside Health in 2007 we have received a number of queries from prisoners about health matters. Providing this valuable service is Dr Jonathon Tomlinson, a GP practicing in East London. If you have a question relating to your own health, write a brief letter (maximum one side A4 paper) to Inside Time (Health) PO Box 251, Hedge End, Hampshire SO30 4XJ. Everyone will receive a reply, however only a selection will be published each month. No names will be disclosed.

Q Could you please give me advice on a Deep Vein Thrombosis (DVT). I was diagnosed with DVT post ankle surgery and given an INR at my general hospital but since coming to prison have had only one blood test which read 1.5. The DVT nurse at the general hospital told me that the readings should be between 2.5 and 3.0. I am currently on 9mg and 10mg of warfarin every other day but I am concerned about the prison’s apparent lack of concern.

A A Deep Vein Thrombosis (DVT) is a blood clot in a vein, usually in a leg. There is a high risk after surgery, especially if you are unable to mobilise, which is why people are given compression stockings and injections of clexane (a drug to prevent blood clots). A serious complication of a DVT is that part of the clot can become dislodged and stuck in the lungs - this is called a pulmonary embolism (PE) which can be fatal. Warfarin is a drug that prevents blood clots forming and is usually given for 6-12 months following a DVT to prevent a PE. Because different people respond differently to warfarin it is necessary to do regular blood tests to check the INR (International Normalised Ratio). The normal INR is 1.0. Treatment with warfarin following a DVT should give an INR of 2.5-3.0. Blood tests need to be checked approximately weekly until the level is stable and within this range. Other drugs and certain foods, such as grapefruit,

can change the way your body metabolises warfarin and so affect the INR level. I don’t think you need further clexane injections, but you should definitely be having far closer monitoring of your INR and warfarin - one check in the last month with an INR of 1.5 is unacceptable.

Q

I went to the doctor and said that my epilepsy medicine (Carbemazepine) wasn’t working and that I’d had a couple of really bad fits. I asked to be put back on Vivotril, which had worked in the past. I can’t take Epilim as it has an adverse effect on my prostate problems. My medical file says there are no signs of epilepsy and that I am making the fits up! My medical file from HMP Gloucester confirms that I am epileptic. I have been taking subutex for about two months; could this be preventing the epilepsy medicine working or could it have something to do with the fits?

A Firstly, I am unable to confirm your diagnosis of epilepsy. There is no single diagnostic test for epilepsy and it may be necessary to review your medical records carefully to be sure that the fits you have experienced are epileptic. There are a number of reasons for having fits (seizures) other than epilepsy and it might be useful to have a review by a neurologist to confirm the cause of your fits.

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Q I am 41 and experiencing rapid hair loss which is affecting me very badly. The problem increased rapidly after I was diagnosed with epilepsy and started taking medication (Tegretol). Would taking a Minoxidil based medication help the problem or can you recommend any other solution to my problem? A Thanks for the letter about hair loss shortly after starting Tegretol for epilepsy. Tegretol is a brand name for carbemazepine, which has been used to treat epilepsy for a long time. There are many reports of hair loss in patients after starting this medication, though it only causes this in a minority of patients. I would suspect that you are unfortunately one of those who are affected. Rather than take another medication to stop hair loss, I would recommend that you discuss an alternative anti-epileptic medication with your doctor. There are many alternatives and you should be able to find one that works for you. Once you’ve stopped the Tegretol, I’m happy to say your hair should grow back.

Q

I showed your letter regarding sciatica, published in the August issue of Inside Time, to the doctor here at my establishment as I have suffered with this for well over two years. I asked for a referral for an MRI scan but was told this would not show up anything. Despite seeing your reply, he still refused my request. I would welcome your opinion on this.

A Whilst an MRI scan can be useful in some

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Carbemazepine is commonly and successfully used to treat epilepsy. It may reduce the effectiveness of other drugs including the subutex (buprenorphine) that you are taking, but I don’t know of any evidence to suggest that the subutex can reduce the effectiveness of the carbemazepine or increase your risk of fits. Because subutex is a sedative drug it is recommended that it be prescribed with caution in combination with other sedative drugs including Rivotril (clonazepam) because of the risk of respiratory depression (stopping breathing).

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cases of sciatica, it’s not necessary in most cases. If the sciatica is not related to a specific nerve root, in other words if the distribution of the pain, sensory disturbance or numbness and weakness or abnormal reflexes is not consistent with a specific spinal nerve root involvement, then the cause of the sciatica is not likely to be due to disc herniation (or other spinal pathology) but due to irritation of the nerve within the soft tissues. In this case an MRI scan is not usually indicated. It is possible to tell where the nerve is being irritated by taking a careful history and examining the strength, sensation and reflexes of the legs. If this has been done, then your doctor should be able to know whether or not an MRI is likely to be necessary.

Q For the past three years I have been experiencing intermittent pain in my bladder area. The pain is sharp and happens when I pee and if I need to empty my bowel. I have had numerous checks, which have all come back clear, and been prescribed various medications that don’t help. I would welcome any suggestion you may have as to the cause of this pain.

A Thank you for the letter about your bladder pain spreading into the tip of your penis and nocturia (having to get up to pee at night). It sounds like you’ve been appropriately investigated with STD (Sexually Transmitted Disease) screens, a renal ultrasound (kidney and bladder scan), cystoscopy (camera check of the inside of your bladder and urethra) and prostate check. You’re on a number of treatments including oxybutyinin to treat bladder instability, peppermint oil and buscopan (a smooth muscle relaxant) for irritable bowel syndrome and trimethoprim (antibiotic) for infection. It would be worth getting a second opinion from another urologist (bladder/kidney specialist) who could review your symptoms and the results of investigations so far. Although clearly troubling to you, they don’t sound suggestive of any very serious condition such as cancer; though at 23 years of age these are unusual symptoms and warrant further assessment.

18

Insidetime October 2008 www.insidetime.org

Comment

What’s the difference between being unhappy and being unwell? With an ever-increasing number of ways of describing different behaviours or ways of being, it’s no wonder that people get confused about what is and what isn’t a mental illness, says Seaneen Molloy verybody has their bad days. The things that happen to us make us feel a range of emotions: anger, sadness, paranoia, anxiety and guilt. Our self-confidence can wane and there are times when all we want to do is pull the duvet over our heads and go back to sleep. We all doubt ourselves and our conclusions or perceptions from time to time. Usually, these feelings pass and we manage to carry on with our lives.

It can be tempting to find a name for what we experience, and so some kind of explanation

E

Self-diagnosis of mental health conditions can work in a similar way. Some self-diagnosis is spot on, some less so. Many people think experiencing mood swings (being happy one day, being sad the next) is the same as experiencing bipolar disorder (also called manic depression). It isn’t. Bipolar is a bunch of disturbances to how you feel and how you think, including extreme disturbances in mood.

It’s when these feelings don’t pass and they begin to make it difficult for us to carry on that they become a problem.

Another example is hallucinations. Many people may have experiences in everyday life that they regard as hallucinations but the kind of hallucinations that are symptoms of mental health difficulty are not ‘Did I hear that?’ or “Did I see that?’ Medically diagnosable hallucinations are not catching something out of the corner of your eye; they seem real and solid. All your senses react to them as if the hallucination is happening.

What is a mental illness? Very simply, a mental illness is a disturbance of mood, thinking or perception that lasts over time and impedes our ability to do things that we need to do. There are a lot of descriptive words and phrases used in conversation that have a relationship with mental health difficulty: paranoid, manic, schizo, depressed, mood swing, borderline. In popular usage, people use the words to describe common experiences, sometimes wrongly. People often use them to describe certain emotional states or ways of behaving. Without realising, we can easily confuse the common use of a term with the specific medical symptom it describes.

Most mental health difficulties are a major exaggeration of normal processes. Sadness is normal. Feeling depressed occasionally is normal. It’s when these feelings become unmanageable and all-consuming that you should start to question them.

The internet and self-diagnosis The dawning of the internet age is a wonderful and terrible thing. The medical manuals and encyclopaedias usually only available to professionals are now at the fingertips of anybody who can use a search engine. The symptoms of various mental health conditions are presented in an easy-to-read way on sites like Wikipedia, without all of the specialist psychiatric language. It is extremely easy, and understandable, to read such information and think: ‘That sounds like me’.

Most mental health difficulties are an exaggeration of normal experiences. The common use of the word ‘manic’, for example, means being extremely busy or rushed off your feet. In medical language, ‘manic’ refers to a serious episode of extreme mental and physical hyperactivity that can encompass rage, impulsiveness and psychosis. A mental health difficulty is disruptive to your life. The symptoms go on for a certain period of time, almost continuously and most importantly, they cause you difficulties to the extent that you cannot do things that you normally would.

Medical students famously suffer from a condition given various jokey names, including ‘the medical students’ disease’ and ‘medical-

studentitis’. When studying the weird and wonderful workings of the human body and the ways in which it can go wrong, it is not uncommon for medical students to recognise symptoms of disease and illness in themselves. With the mixed blessing of quickly growing




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knowledge and awareness of illnesses, they soon begin to convince themselves that they might have developed an eye-watering combination of ailments, leading them to misconstrue perfectly normal sensations and experiences as more significant than they actually are.

Reducing the information to a list of symptoms means people can assign a collection of labels to themselves that are unnecessary. The vast array of partial, reader-friendly knowledge online means that the specifics of mental conditions can be overlooked in favour of the gist. It is important, if you are reading up on particular conditions on the internet, that you use websites that carry fair, well-researched and responsible content.

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Comment

Insidetime October 2008 www.insidetime.org

Unhappy or unwell? Normal emotions can be hard to cope with. After all, most of us sometimes think life would be better if all the negative experiences and feelings we have suffered were never to happen. It can be tempting to find a name for what we experience and, with it, some kind of explanation. Our emotions respond to different experiences and change accordingly; we react with sadness at sad events and we react with happiness at happy ones. Even as we are unhappy, we find that we can still smile at kindness, love and joy. Even with strong emotions, there is this connection to events, however unclear at the time. While these feelings might cause difficulty or upset in the short term, they do not often persist to the extent that we can no longer achieve the things we wish to achieve. Tempting as it may be to give them medical names, they are really just part of being who we are. This doesn’t mean that we shouldn’t find ways to better understand and deal with our experiences and feelings or to find people to help us do so; it just isn’t correct to consider them as illnesses. However, every individual is unique and nobody else, nor any website or book, can dictate what another person is experiencing. While we should be wary of unnecessarily labelling ourselves with conditions that we might not suffer from, we should also be mindful that if what what we experience causes us distress or interferes with our lives, help is available and we need not go through it alone.

I still think I might have a mental health condition: what should I do? If you do read or watch something and nod along thinking, “Cor, me too” and aren’t getting any help, then do! A lot of self-diagnosis can be correct, to the extent that it helps you to see more clearly what might be causing your problems. It’s useless if you don’t do anything about it. The truth is that mental health conditions are more complex than a set of rigid emotional symptoms. There are differences between being depressed and feeling depressed, although neither is a particularly pleasant experience. If you are worried about your mental health or wellbeing, you must see your health care provider or GP. Having a diagnosis of a mental health difficulty simply means that a medical professional feels that you will benefit more from certain types of help. GPs can initially be dismissive of mental health problems, but you should keep trying until you get help. If you do end up with a diagnosis of a condition, always remember, the aim of diagnosis isn’t to find an explanation for the way that you are.

The aim of diagnosis is to find how best to help you sort out your difficulties and get on with your life.

People can be afraid of strong emotions Niki D, a qualified therapist, believes uncomfortable experiences aren’t always symptoms of illness. In fact, they can tell us much about ourselves if we know how to listen. Many people are afraid of experiencing strong emotions such as fear, guilt, anxiety, emptiness, anger and sorrow. The medical profession and many types of therapy and psychology try to ‘cure’ people of such feelings, yet these feelings are a part of being alive. Just as we cannot have life without death or find certainty in an uncertain world, so too unhappiness exists alongside happiness. All emotions can help us learn more about ourselves, our relations with others and about life. Emotions offer us important information about what we value in life and about what is meaningful to us. Unhappiness tends to indicate we have lost something that really matters or are failing to find a reason to live. The art is in daring to stop for a minute to reflect on emotions rather than denying they exist, distracting ourselves from them or numbing them out. The key to improving your quality of life and experiencing more happiness is in trying to find meaning to your life. This cannot be given to us by another but is something only we can work out through reflection, action and a fair bit of trial and error. People are often more afraid of their behaviour than their feelings - the behaviour that often arises from a certain feeling is what can cause people the most problems. Therefore, it is not enough for us to understand our feelings alone. We must also learn how to identify, express and contain behaviours arising from them. The following Chinese proverb beautifully illustrates the inevitability of experiencing unhappiness but the possibility we have of transforming it: “You cannot prevent birds of suffering from flying over your head, but you can prevent them from building nests in your hair.” This article has been reproduced by kind permission of One in Four (Summer 2008) a quarterly Magazine for people with mental health difficulties. For more information contact Stephen Gardiner: One in Four, Unit 3, Leroy House, 436 Essex Road, London N1 3QP. www.oneinfourmag.org

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Mental Health and the Prison System Grant Stevens highlights the tragic failure of successive governments to cope effectively with prisoners’ mental health problems ince the existence of the penal system in this country, people with psychological difficulties, mental health problems and psychiatric disorders have committed crimes, been put before the courts and ended up in our prison estate. In recent years, studies show there has been a profound increase in the number of people committing and being convicted of crimes who suffer these problems. Statistics show figures of people in prison who suffer or have suffered mental illness and/or drug addiction at around 90% of the total prison population. So in prisons across England and Wales, nine out of every ten inmates have some psychological difficulties. When you consider these figures, is it any wonder the penal system in this country fails to deliver resolutions on reducing crime and the revolving door it seems to have adopted?

S

Underfunding (or lack or funding) by the government seems to play its part. The closure of NHS mental health units and secure accommodation being reduced across the country, due to the ‘care in the community’ policy, and as a direct result of politicians’ penny-pinching tactics, has had consequences beyond belief. There was a radical shift in the prison estate in April 2004 continuing through to 2006, when the prison service handed over healthcare centres to the NHS. This was supposed to have, and has in general, improved healthcare services to the prisons; but I ask when so many cuts are being made across the NHS, how much money is being provided to prison healthcare? There was supposed to be an extra 300 trained mental health workers introduced throughout after these changes. When you consider 83,000, and rising, prisoners in England and Wales, and 90% of them needing some kind of support, I feel these numbers to be wholly insufficient. It is stated there should be access to mental health in-reach teams in all prisons across the estate. With prison overcrowding, underfunding and a slow process to get appointments and queries across to the appropriate persons, it is too often a case of far too little far too late. With self-harm and self-medicating on the increase, our overstretched system is failing to provide basic care to vulnerable and unstable individuals. There are procedures in place to identify problems with inmates upon their arrival into prison reception. Whilst being processed, inmates should be seen by a member of healthcare staff and given

the opportunity to discuss mental health matters. This process is often rushed and therefore overlooks the fundamental mental health problems. Even when issues are raised, little or no proper attention is paid to cell-sharing risk assessments due to overcrowding. So often it ends up with mentally ill prisoners being locked up with other vulnerable individuals; thus causing problems from the outset. These conditions and the lack of support in the first twenty-four hours in prison often leaves people with mental health problems feeling isolated, vulnerable and with the prospect of an increase in their symptoms. This can have profound effects on the sufferer and his or her mental state. It is often the case with people who suffer these problems that their mental health will continue to deteriorate throughout their stay in prison. The only answers that prison healthcare and the NHS offer is an increase in medication so as to ‘contain’ the problem rather than look deeper into why this is happening and come up with some prevention and constructive solutions. Although more recently new ideas are being introduced like yoga, meditation and other 'holistic' therapies, there are all too often under-trained and inexperienced staff dealing with people who need specialist treatment and care. There are alternatives available to the courts; treatment, close observation in the community and being sectioned … there are many. Obviously there are people who commit crimes whereby the only option is imprisonment. The question lies though, where should we detain such people? Should it be in an overstretched, overcrowded, understaffed, prison service, or should it be a specialised secure mental health unit? Should people who commit minor crimes and who suffer mental disorders be placed in prison at all? Or should there be community orders whereby they have treatment and outpatient care? There are many probable outcomes for the future. I'd like to think things can improve and there will be a greater understanding of mental health in the prison system. However if the current trend continues, the problem can only get worse with more and more cover-ups, excuses, mistakes, self-harm and death ... Grant Stevens is currently resident in HMP Wellingborough

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Tabloid reporting Freelance journalist Ian Young looks at the influence the media wields and how it frequently distorts the true picture of a case with sensationalist headlines and blatant lies s a working journalist who has served time, I was very interested in Peter Byard's article in the February issue of Inside Time on ‘tabloid reporting’ and would like to make a few observations that support the points he made.

of any professionalism. Contempt of Court laws, which prevent articles prejudicing a defendant on trial until conviction, are being ignored more and more in the past 20 years (the most vivid example was the Sun's edited wedding kiss photo of the Taylor Sisters).

As the government heeded press calls to incarcerate more people, and many categories of crime are falling, they should be in a position to argue ‘prison works’. But tabloids still insist crime is rising and will dismiss surveys recording falling crime levels as bureaucratic massaging. Hypocritically, when these same government statistics record a rise in violent crime they of course use them to support their own prejudices.

The police are a great source of copy, and are only too happy to scratch their backs by trashing a suspect regardless of any evidence. When police want to frame lonely misfits like Colin Stagg and Barry George, the bullying nature of the press is revealed and they are only too happy to libel these people and repeat police lies.

A

Contempt of Court laws, which prevent articles prejudicing a defendant on trial until conviction, are being ignored more and more in the past 20 years

No tabloid has yet to apologise to Stagg and although it would be great to see him sue the press for libel, no one can blame him if he just wants to walk away after too many long wasted years.

I've fallen for such foolishness when I started to believe that horrendous abductions of children by strangers had become an epidemic. These are such rare and high profile crimes that they are not subject to massaging or flexible interpretation by police or the Home Office. When the figures are read, the number of abductions and killing of children is exactly the same as they were in the tabloid ‘good old days’ of TV’s PC Dixon in the early 1960s. Most tabloid staff (often educated at public school and Oxbridge) have had legal training, but the way crime, prisons and suspects are reported in the tabloids there is no evidence

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It is not out of any sense of professionalism that keeps the press from making false accusations, but libel and contempt of court that protects a British citizen from accusations. Yet even this does not stop the press if they think they can get away with it. This can be illustrated by the unsavoury persecution of Robert Murat (pictured below). In this case they calculated wrongly he wouldn't come back to the UK to defend their disgusting accusations and decided he was fair game. This said, the police do not have a monopoly on bending a hack's ear in the name of sensationalism as any old lag with a book or cameo in a Guy Ritchie film will tell you. Journalists who specialise in wrongful convictions, even the most notable Chris Mullin and Paul Foot, have a harder time finding column inches but when convictions are overturned then their work becomes a sensation; complete with a dramatic back story of the relatives and friends that never gave up and the work of the fearless campaigning journalist who doggedly revealed the truth. Very few newspapers have any time for these kinds of journalists but like to flatter themselves by basking in their glory when they are vindicated. Inside Time June 2007

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This is safety gone mad Norman Baker (Lib Dem)

Arriving at Heathrow I saw signs warning me that a set of doors might open (isn’t that what doors do?) and, at the luggage carousels, that “trolleys operate in this area” (surprise, surprise). It isn’t only at Heathrow. The bus I use in London, for example, now plays an activated message every time someone rings the bell to warn that the bus will be stopping at the next stop and that we should “stand well clear of doors”. Other countries seem to manage perfectly well without people walking into doors or colliding with trolleys. Isn’t it time we reviewed this absurd obsession with health and safety that seems to suffocate this country, and just let people use their common sense? Letter to The Daily Telegraph

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21

‘Noble Cause Corruption’ by John Allen he phrase 'noble cause corruption' was first used by Sir John Woodcock in 1992 when, as Chief Inspector of Constabulary, he was attempting to explain how miscarriages of justice occur. Surely I am not alone in thinking that, in a supposedly civilised society, such an utterance from a pillar of the establishment is nothing short of deplorable?

T

Has the situation improved in the sixteen years since? I think not - as the recent acquittal of Barry George amply demonstrates. The past decade has seen a number of widely publicized miscarriage of justice cases where public attention has focused on police misconduct in the process of their investigations and there undoubtedly exists a significant number of officers who are prepared to bend and break the rules to secure a conviction. Miscarriages of justice can never be justified but there is one common thread which occurs in many of the 'high profile' cases in which a suspect verdict is achieved. It is the passage of time which elapses from when the offence occurs to the date of arrest and charge of a suspect. During this period, the police and Crown Prosecution Service come under increasing pressure, mainly from the media, to 'solve' the crime and far too frequently resort to manipulating the evidence to fit a theory. This results in the discarding of evidence which does not fit the theory and pressure being put on witnesses to alter their statements to support that theory. Regrettably, an unfortunate victim of such malpractice will discover that, after conviction, the standard set for a successful appeal is set unfeasibly high. The greatest condemnation of any judicial system is that it should imprison innocent people yet allow them little chance of redressing the balance, and then place the interests of the system above the interests of those it was designed to protect. In researching this article, I came across a quote from the late Lord

Denning following the overturning of the guilty verdicts on the Birmingham Six: "It is better that some innocent men remain in jail than the integrity of the English judicial system be impugned"…in my view, legal claptrap from someone who really should have known better. The Birmingham Six would never have been convicted in the first place were it not for so-called 'noble cause corruption'. One of the most heart-rending examples I came across was an excerpt from a letter written by Michael MacMahon just after his appeal had been turned down for an unprecedented fifth time ... ‘I am here in my cell writing this having served almost nine years of a sentence for a murder I did not commit. I also know that I sit here not because of any evidence against me but because of the legal establishment's concern for its own pretensions of infallibility’. Michael MacMahon served his full sentence but sadly died in 2000 aged 55. However his family continued the fight for justice and, Lord Denning with the assistance of Gareth Pierce, Michael's posthumous sixth appeal eventually succeeded on 31 July 2003.

not the police, not the politicians, not the state, nor the so-called responsible members of society who eventually demand justice. It is the victims themselves, their families, friends and supporters who never give up fighting despite the passage of time. Ludovic Kennedy, in his book ‘36 Murders and Two Immoral Earnings’, highlights a deep and fundamental malaise in our present adversarial system which lends itself to a presumption of guilt and a determination on the part of both the police and the Crown Prosecution Service to make facts fit theories. Kennedy wrote to the Ministries of Justice and/or leading newspapers in Spain, Portugal, France, Germany, Austria, Italy, Belgium, The Netherlands, Denmark, Sweden and Norway to ascertain if they are plagued, as we are, by reports of alleged miscarriages of justice running from year to year, decade to decade. None had, and some seemed faintly surprised at him raising so novel a question. A free press exists in all those countries, so if campaigners felt that miscarriages had occurred on any scale, there would have been the means and channels available to draw attention to them.

It is better that some innocent men remain in jail than the integrity of the English judicial system be impugned

This is symptomatic of the problem. It is not the criminal justice system which, in the end, recognises its dreadful mistakes and moves resolutely and contritely to correct them. It is

How can this be? The basic difference is that we persist with the adversarial system of justice, whereas these other countries, without

exception, use the inquisitorial system. It is interesting to note that the other main countries, America, Canada and Australia, which also use the adversarial system, suffer from the distress of miscarriages of justice. Kennedy concluded - and on this evidence it is virtually impossible to disagree - that it is the accusatorial system which is the invitation to corruption: by the police, who in order to secure convictions and gain promotion have an inbuilt disposition into deluding themselves that a suspect is guilty, but lacking sufficient proof, take it upon themselves in what they see as a 'noble cause' to fabricate additional prosecution evidence; and collusion by the judiciary in a) believing police evidence, and b) emphasising that belief to juries. What chance then does a victim of a miscarriage of justice have of overturning an incorrect verdict? The Criminal Cases Review Commission is seen as the establishment's answer but - as most who have embarked on this particular course will tell you - the standard of proof is set impossibly high. The Commission is almost immovable in their insistence on 'fresh evidence' although, in recent months, this has been expanded to include 'fresh argument'. The other avenue that has always been available is that of the campaigning journalist, and readers of Inside Time will be familiar with the name of Bob Woffinden (page 25), who writes regular articles in the national press on contemporary miscarriages of justice. Bob himself sets his own standards very high before he agrees to investigate and publicise individual cases. Finally, it was David Jessel, one-time presenter of TV’s ‘Rough Justice’ and a former Commissioner for the Criminal Cases Review Commission who once said: ’If 99 per cent of all convicted prisoners have been rightfully convicted and 1 per cent not, that means in a prison population of say 50,000 (omitting those on remand) no less than 500 shouldn't be there". John Allen is currently resident in HMP Gartree

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The real elephant in the psychology room by Dennis Nilsen

been peddled for many years as central to Prison Service 'thinking' and 'rehabilitative policy' have consumed millions of pounds in both operations and their supportive bureaucracy ... an endless stream of judgements on prisoners and opinions on their perceived risk, which reflects their quality of life inside and their length (in many cases) of incarceration.

n days not too long ago, prisoners had to contend with the political shenanigans of a Home Secretary and maybe the Prime Minister of the day, who would use the mantra ‘tough on criminals’ as a political football ... a 'say-all' and 'do-all' phrase in constant use when any regime of governing administration was in need of a quick, cheap round of applause in the populist arena of public opinion.

I

Never has the destiny of so many been dependent on so few and their cracked 'Cracker' opinions ... based on so narrow of assessments ... linked completely to the yardstick of unproven theory.

This would stir a temporary frisson of 'feel good' factor all round which would, like a drug, feed into the base individual and collective desire for real expressions of anger and the red heat of vengeance. Today, this process has been expanded to include an additional tier of commenting decision in the Ministry of Justice. The MOJ now runs prisons and the penal system, aided by its bureaucratic 'clutterati' of 'enforcers-inthe-community' the Probation Service and, in prisons, it's 'intellectual arm' of the Church of Fundamentalist Offending Psychology seeded with the true faith of what is vitally necessary for the rehabilitation of offenders by way of remedy ... and it bodes no other 'gods' before it and its dogmatic insistence. It asks nothing but complete subservience to its official attitude and its actions … interventions applied 'for our own good' in the manner of their 'gospels'. Our progress is officially measured in direct proportion to our degree of belief and participation in their theories. As in adherence to the policy of the Communist Party in the USSR many years ago, there is no room for dissenting ideas or expressions beyond the official party line. And, as in the Stalinist Soviet Union, the purpose of imprisonment was to punish and 're-educate' prisoners into the 'correct line of belief' through constant indoctrination.

Never has the destiny of so many been dependent on so few ... linked completely to the yardstick of unproven theory All dissent from official psychology doctrines is officially ruled out as being a cognitive distortion and an official indication of continuing risk (high or low). One cannot find many credible academics who will state that the environment of prisons and the prison regime is any proper social venue for rehabilitation ... but one that is an integral part of the offending life cycle and a key component in and of it ... the ultimate location for the reinforcement and continuance of a badly motivated culture. Prisons don't rehabilitate (they can't even rehabilitate themselves ... being just unwieldy mechanical institutions). So, as it has been throughout the ages, prisoners are left to reform themselves in spite of all the negative reinforcers

in the prison regime and its negative culture. The compulsive doctrines of official prison life will, at best, result in model prisoners and not good citizens. Of course a model prisoner is not equipped for life outside, but only for the control regime of the institution of prison. Could this be a strong subliminal factor in the high reconviction rates? Does anyone seriously believe that the fractures of individual and collective historical circumstances of Society's behavioural / reactive ills can be contained or remedied by an irrelevant plethora of cheap ten-cent courses run on the expedient basis of non-scientific theories? The plausible sounding theories that have

All this comprises the new religion which has grown in gripping potency over the years. And, like religion, it is not about the truth of scientific fact or method but about faith and obedience to the faith; no challenges accepted or tolerated. I would think the vast majority of fault-lines regarding serious and/or sexual offences loom large in dysfunctions of poor empathy responses through personal emotional detachment and, recently, I asked a prison psychologist how anything in her courses and 'treatment programmes' was going to address or treat this real and pertinent key feature. Not only did she not answer, but acted obliviously - as if the question did not exist and had never been asked ... before she continued with her pre-ordained parroted line of policy. I've heard it said that to put a corn plaster on a broken leg is better than doing nothing at all. I guess that one of the key factors in ‘rehabilitation’ is in not becoming like your jail policy-maker. Dennis Nilsen is currently resident in HMP Full Sutton

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Insidetime October 2008 www.insidetime.org e all know the whole idea of ‘risk assessment’ is nonsense. Up to one in six prisoners are wrongfully convicted as a result of changes in the law, corrupt policing and flawed trials. Those prisoners will be punished for being innocent, with a third added to their sentence and will be refused parole for the same reason; so serve double. This situation benefits a number of people. The courts punish people for daring to say: "I didn't do it" it looks good; saves time if you can manipulate people into pleading guilty. The Government likes it because it's … ‘tough on crime’. The guilty criminal likes it because he serves only half as long, just for being guilty, then he can go on and commit more crimes.

offending. Whilst we have a disorganised, dysfunctional prison system, which employs the lowest orders to play with the minds and bully already damaged people; and seemingly works on a shoestring, most of which is wasted; and operates outdated buildings one step removed from slums - what real hope is there?

W

The risk assessments say that if a man claims "I didn't do it" then he is a higher risk - yet government statistics show only a 4% reconviction rate for those who maintain innocence; against anything up to 90% for the guilty drug dealer or robber - but guess who gets the highest chance of parole? Recent forensic tests show that even Dr Crippen was not guilty - he was hung for allegedly murdering his wife but it has been shown that the body the police alleged was his wife’s (she was missing) was not in fact her! The blue rinse, non-independent Parole Board has to go - the same government statistic (quoted above) shows the Board was universally wrong in their predictions. The best way is to remove all this bunkum and revert to the old system - those who don't disrupt the prison regime get out sooner as a reward for 'toeing the line'. I believe that 'life sentence' and tariffs are wrong and inhumane. A system that gives the earliest and latest dates of release with a presumption of the earliest date is the fairest. The current fiasco with IPP sentences clearly shows that little by way of proper constructive thought is put into the whole area of sentencing. The current under-age, under-experienced and under-skilled Probation Service, which seems to see its purpose as to harass and disrupt a prisoner's reintegration, should be dispensed with and a new system of supporting released prisoners and helping them re-establish should be set up. It is crazy sending people to prison for short periods for petty matters. Just six months can result in loss of employment, accommodation and relationships. How is that supposed to prevent crime? No sentence less than 2 years in prison should be custodial. Community based retribution (because that's really what it's about) should be set up; allowing people to continue employment and maintain accommodation.

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23

During my time in the 'system' the Prison Service and prisoners have been used like a football for the tabloids and politicians. Isn't it now time to actually put some intelligent thought into the whole scenario?

If it was left to me In the sixth of an eight-part series for Inside Time, former prisoner Paul Sullivan further identifies what he considers needs changing about the failing prison system and looks at Assessment, Parole and Release Sentencing needs to be even-handed and fair. Celebrities, MPs, Judges and similar are constantly let off lightly. Recently a ‘celebrity’ got 8 months for which a non-celebrity got six years. A child-porn collecting judge was allowed to 'retire' before charging, thus collecting his pay-off. A working-class man would have lost everything and been jailed for many years. Justice must be re-balanced so that it is equal for all and 'evidence' and 'proof' re-introduced. There are so many databases and 'registers' it's time to scrap the lot. The Police run a very effective, computerised system of criminal records - all that's needed. Registers are just a tabloid-pleasing spin. As I emerge from the prison system, after ten years of eye-opening education into just how bad and failing that system is, I look back at all those useless staff who, by their very activities, have damaged more people than the prisoner and, by their actions, probably incited more crime. I have lost some decent pals to suicide and natural death due to the neglect and medical negligence I have witnessed. Deep down they were really good people; often screwed up early on by the system which eventually

claimed their lives. To Martin, Phil and the others … I hope your deaths weren't in vain. I have met a few good warders along the way - Richard, Bill, Fred, Geoff and the others will know who they are. There is a place for you guys in the new system - you give me hope. To the others, with screwed-up lives and broken marriages … ‘what goes around comes around’. You'll never ever be happy. You achieve nothing and there's no place for you in my order of things, so it's back to the Job Centre. I sympathize with the ones who have done 15, 20 years or more and never progressed - as you grow older and even more bitter and realise that in your whole life you achieved nothing - a life wasted - you may come to appreciate that in my vision of the system, even you may have potential you never realised you had. In my system you wouldn't have been a turnkey, you could have made a difference. The Prison Service is vitally important and should play a massive role in reducing reoffending. At present, the ostriches banter on about lack of courses. These 'courses' are shown, on the whole, to be a pointless waste of money and in some cases triggers to further

According to Prison Rules, prisoners should be allowed to live as independent a life as possible and allowed such personal property as to permit this. Currently, every prison sets out its own possessions list, often based on illogical reasoning. A prisoner can buy an item in one jail, be moved the next week and be told that he can no longer have it in possession. Why? The idea of 'volumetric control' does, on the face of it, seem sensible: unfortunately, at places like Frankland it is used as a weapon to harass prisoners; though what part is institutionalised and what part is dysfunctional staff is up to debate. I propose a single register of items which every prisoner can have without hindrance. The setting up of this register should not be allowed to limit prisoners. Unless a sensible substantiated reason can be given to omit an item, the standard should be for all inclusions. Radios, musical instruments etc. should be limited to 5 watts. There should be a list of items which recognised friends and relations can give - such as books, newspapers, underwear, photographs etc. These lists and registers should be set in stone. If one is looking to release undamaged people, one of the aims of the system should be to ensure no further damage is done to them by the system: leading as ‘normal’ a life as possible, even if, by necessity, regulated, is an important way of achieving this. The extension of cooking facilities, evening classes etc., is another area which could help prepare people. At Whitemoor Prison there used to be excellent sessions called "dialogue" where groups of prisoners met to discuss all manner of realworld issues, politics and current affairs. All levels attended these popular, voluntary sessions (at which no records or reports were made and opinions kept within the room). I don't know if this still continues but it should be extended.

* Next month, Paul Sullivan examines culture, searching and abuse

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Insidetime October 2008 www.insidetime.org

Comment

Knowledge counts for nothing in politics Billy Little argues that there is an almost arrogant reluctance to listen to those within local communities who really could make a significant and lasting difference ith the ever increasing number of young people being killed by the knife or bullet, it would seem that no clear solutions to the problem are evident. After a recent national review of existing programmes by the Guns, Knives and Broken Lives Commission (GKBLC), three common factors were repeatedly brought up by the various project representatives in each city visited.

(NS) for all young people, or re-opening former Detention Centres (DC); the pseudo-military ‘boot camp’ experience.

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Firstly, there are a number of successful projects and initiatives in place to provide employment, training, education, family support, mentoring and drug and alcohol counselling. Secondly, each of them managed to cater for diverse groups of young people within their local area; often overcoming different racial, cultural, religious or gang issues in an attempt to bring young people together. Thirdly, each of these small projects were dependent on short-term government grants, one-off grants from the Lottery Fund, money from one (or more) small charitable organisation(s), and thousands of man-hours from experienced staff and dedicated volunteers in order to operate on a daily basis. On a number of occasions during the GKBLC review, representatives from various projects around the UK categorically stated that government money was only allocated on a short-term basis; something that is of little use to a long-term problem. This not only meant some projects would inevitably fail to meet their objectives but that such a failure to provide a much needed support outlet could foster a degree of scepticism and mistrust from those young people who use the scheme; they come to view it as yet another well-intended impulse that comes and goes without leaving a mark on their lives. Politicians within the Home Office often claw the air in the hope they can pull something from nothing, rather than heeding their own research findings and/or listening to those who work on the frontline with young people. Instead, the preference is to plough millions into ineffective, ideologically attractive, communitarian initiatives for long periods in the hope that they will eventually become productive; when all too often the result is that too much taxpayers’ money is spent funding ‘blue-sky-thinking’ and publicly appealing research projects in a vain attempt at finding that ‘universal’ solution - when one solution is clearly not the answer. As each year and failed initiative passes unproductively, the concepts of 'childhood' and 'youth' are being ripped further away from

Those who experienced Nationl Service did so in the knowledge that some form of employment awaited them upon its completion. Even if they failed to lead a relatively stable and structured lifestyle prior to receiving their NS call-up, discipline was soon instilled, as was learning a trade (or two) before gong back out onto ‘Civvy Street’. Whereas the majority of offenders who entered into DC during the 1970s and 80s for the ‘Short, Sharp, Shock’ would predominantly have been living an unstructured, unemployed existence that, more often than not, would have been further burdened by mental health, drug and alcohol problems.

The Times Monday September 15 2008 our own understanding of them, and are supplanted with the ideologically attractive corporatist actuarial practices of a universal form of treatment, behaviour modification, risk assessment, time-limited support, individualised intervention; the new politically sanitised and controlled versions of childhood and youth. Youth programmes need to be something that every member of the community could contribute to should they desire. Whether or not they have a criminal record could prove to be a difficult hurdle to cross in some cases. However, as the various project representatives who spoke during the GKBLC (and recently televised Channel 5 ‘Banged Up’ series, pictured below) demonstrated, those with a criminal record connected with young people much easier than those who had read about crime and prison whilst they were at college or university. Sometimes knowledge of how the system works is easier to understand when it

Photo courtesy Channel 5

comes from someone who actually knows what they are talking about, rather than from a politically appointed stooge! During the ‘Banged Up’ series, a small group of former prisoners were presented to the nation as mentors in what can only be described as the most profoundly positive representation of ex-offenders in many a year. In being allowed to speak from first-hand experience, it demonstrated how former prisoners - ‘the experts’ - could convey some of the less subtle nuances of prison life and criminality that other ‘professionals’ could only hazard a guess at. An academic can apply the theory’ a policeman or lawyer can explain the legal ramifications; a prison officer can explain what goes on inside a prison; but the knowledge that former prisoners possess surpasses each of them. Telling young people about the academic theory, social costs of crime, penal policies that guide prisons or how a prison regime functions on a daily basis is important and educational. However, allowing former prisoners to convey what it actually ‘feels’ like to live in a highly volatile environment for months or years is as good as possessing the winning lottery ticket. Just as the public lost confidence in the judicial system when hanging was the ‘deterrent’ of the day, has the same thing happened with the over-use of prison as a deterrent to crime? More and more members of the public, particularly those of an older generation, claim to be in favour of re-introducing National Service

Nevertheless, once the initial shock of having your eardrums assaulted by the uncompromising sound of a former squaddie shouting instructions an inch from your face; running mile after mile in freezing conditions; enduring one arduous circuit training session after another; doing a variety of 'special' marching drills; making bed-blocks and 'squaring' every item of clothing, before being marched off to perform a mind-numbing task as gainful skilled employment, it wasn't really that bad once fitness levels increased and prisoners became accustomed to it. The reality of the situation for those being released from the DC environment is both stark in contrast to the experience of those leaving NS, and is perhaps the most indicative example of the problems that many prisoners continue to face when being released from prisons today. That is, not only were they leaving a stable and structured environment and returning to the undisciplined, unstructured and unstable source of their initial problems, they were doing so with little or no prospects or qualifications other than the ability to run faster and for longer than the local plod. This circuitous pattern needs not be explained beyond the infamous metaphor of the 'revolving door'. Yet with all this knowledge of past failures, in particular, that many social problems could be addressed within the community by well-funded community groups, why is there a reluctance to listen to and support those who know how to resolve the issues that afflict their communities? Billy Little BSc (Hons) is currently resident in HMP Whitemoor

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Insidetime October 2008 www.insidetime.org

Bob Woffinden writes... Leading investigative journalist Bob Woffinden highlights yet another example of a ‘crazy timing’ case

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ne of the most dispiriting of all categories of miscarriage of justice is that in which people are imprisoned for crimes that never happened. To ensure that the course of justice runs smoothly, all that the authorities need to do is absolutely nothing. Unfortunately, however, there are cases where they start detecting suspicious circumstances where there are none. Sometime in the night of 30-31 January 1997, Nic McCarthy collapsed in bed. He’d been the victim of a serious motorcycle accident in 1984. He’d been trapped under a bus in London and had spent six months in the spinal unit of Stanmore hospital. The lower half of his body was paralysed and he’d spend the rest of his life in a wheelchair. However, he overcame his disability with good humour, a positive outlook and the wholehearted support of his wife, Dee Winzar, who was a senior ward sister at Kettering general hospital. That evening, Dee was away from their home in Cambridgeshire - although not too far away. She’d gone to a doctor’s leaving party the night before and so had arranged to stay at a friend’s house overnight. When she arrived at work the next morning,

she straightaway rang home. No reply. She became anxious and asked someone to go round to check. That was when Nic was found. Dee left work immediately. The doctor and ambulance were already there when she reached home. The early diagnosis was that Nic probably had pneumonia. The early diagnosis was wrong. Subsequent tests suggested that he was suffering from hypoglycaemia, or low blood sugar. His brain was swollen. The family was told that he was not expected to survive and he then died on 9 February. What happened after that? Not a lot, strangely enough. Two post-mortems were carried out and Nic was buried. Then, almost exactly a year later, Dee was charged with his murder. Even after that delay, the legal process turned into a marathon. Clearly, the prosecution was having more difficulty than usual in making bricks without straw. Finally, on 7 June 2000, almost three-anda-half years after Nic’s death, the case went to trial at Birmingham Crown Court. The murder charge was based on the presumption that Nic had died from hypoglycaemia and that this had been caused by the administration of insulin. Dee,

being both the wife and a senior nurse, would have been the ideal person to have administered it. Ideal, that is, if you disregard virtually all of the evidence. For a start, Nic had been receiving ongoing medical treatment for the past thirteen years. He was keenly aware of all medical matters and, as he had considerable upper-body strength, it would have been difficult to inject him against his will. Nor was there any evidence that he had been injected with anything. The hospital had checked on the body for an injection site. There wasn’t one. There was also the fact, of course, that Dee wasn’t actually there at the time. Cases of alleged murder by insulin poisoning are in themselves a fascinating sub-category. From the trial of Claus von Bülow onwards, virtually all such cases have been highly controversial. It would be an unusual and even inefficient way of committing murder. The victim doesn’t necessarily die. Glucose treatment in the first six hours generally brings patients round. Nurses would know that. Dee was a nurse and, of course, she had raised the alarm. Nor could the Crown point to any motive why Dee might have wanted to murder her husband. The prosecution QC did suggest that Nic might have been having other relationships, of which Dee became jealous, but there was no evidence and the Court of Appeal ticked him off for saying it. It was when the case went to appeal that it landed in yet another category of miscarriage of justice case: the crazy timing case. There have been many of these over the years, from the Guildford 4 case onwards (and the Simon Hall case is a

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contemporary example). The prosecution had the problem that Dee hadn’t actually been at home at the right time to administer the insulin. In rejecting the first appeal, however, the appeal court judges decided that she must have administered insulin before going to work in the morning. In other words, she must have left her friend’s house and driven back to her own home, committed the crime and then driven back to her friend’s house and then gone to work. Yet there was no evidence whatever to support this theory. It was pure conjecture. As the case continues to be the subject of intense scientific work, the cause of death is one aspect that is being closely studied. Dr Jennian Geddes, consultant neuropathologist at the Royal London hospital, said she thought the cause of death may have been hypoxia (lack of oxygen) rather than hypoglycaemia. There is also growing awareness of a condition named autonomic dysreflexia, that can occur in people with severe spinal injuries. Professor Vincent Marks, the world’s leading expert on hypoglycaemia, has written a book on cases of alleged insulin poisoning, in which he has devoted a chapter to Dee’s case. He, like the country’s other leading experts in this medical area, does not believe that Dee Winzar killed her husband. Imprisoning bereaved nurses for imaginary crimes must be on the farthest shores of madness. Yet that is exactly what this country has done. The criminal cases review commission is actively investigating the case.

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Insidetime September 2008 www.insidetime.org

Comment

ou know you have those mad dreams, or drug-fuelled fantasies, in which reality is twisted to offer an alternative? Where some dolly-bird Governor brings you breakfast in bed, dressed as a French maid? Or where the Home Secretary appears, in sack-cloth and ashes, apologising for being such a total arse and opens the gate for you? That's just how I felt, when I heard that Nacro was leaping into a big fluffy financial bed with that shady conglomerate that is nowadays called ‘G4S’.

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Then I woke up, and my first thought was, "what the ****?" just when the world was beginning to make some sort of screwed-up sense, along came a prison reform group declaring they were going into the bang-up business and I'm back to square one; dazed and confused, and even more confused when I discovered that Nacro didn't stand for the ‘National Association for the Care and Resettlement of Offenders’ any more; oh no. They shape-shifted, inveigled their way into our company whilst dressed in new clothes. Now they are ‘Nacro - the crime reduction charity’. This happened ten years ago but, surprise, no-one bothered telling us poor crims. This is like catching an anti-hanging campaigner creeping up behind you with a rope in his hands. This shift helps to explain their current love of G4S and the prospect of making money by helping to bang us up; that and the urge that must lurk in the hearts of all campaigners, that small voice of certainty that tells you … "I could do better". Most of us never get the chance to find out whether that is true, or we resist the urge to find out - but not Nacro, they think they can get in on the ground floor and help a security company create a prison regime that focuses on resettlement. They think they can create a decent prison. There are problems with this idea, and just in case Nacro are actually listening then I'll spell some of them out. It's not too late for them to engage their brain cell, apologise, and quit while they can. Firstly, even private prisons are not masters of their own fate; they are part of a system and must fit within the structures. All the Orders and Instructions that roll down from HQ apply just as much as in state prisons. So even with the best of intentions, Nacro will end up with a prison and regime that cannot be too far different from what already exists - no imagination allowed. Even if they did manage to do the impossible and create a decent prison, there are the financial pressures. G4S likes profit … it’s why it exists. To create a good resettlement regime, Nacro will have to supply good quality work which provides training and a real income. So far, G4S has never managed to do this, for the simple reason that it requires investment, and investment means fewer profits. As we speak, G4S crow about their

Nacro join the prison business Ben Gunn is concerned at Nacro leaping into bed with the private sector and considers their moral compass has gone astray

Security and profit are the driving forces behind all that G4S do in prisons, with profit coming first. This has a huge effect on staff, both in quantity and quality - G4S has a global record of trying to get the fewest number of staff for the least amount of money. Even if it was both philosophically and practically proper for Nacro to get itself involved in the bang-up business (and it isn't) there remains the question of its partner in this farce - G4S. This is a merger of Group 4 and Securicor, between them separate companies with very shady reputations. They also own a raft of other companies that run prisons and detention centres, including Rebound, GSL and Wackenhut. Their track record is not good. As far as resettlement is concerned, this global concern has shown no benefit compared to public prisons. Worse, far worse, they have been accused variously of poor management, abusing detainees, sexually exploiting vulnerable prisoners, failure to maintain order, violating workers' human rights and excessive use of force. They are the proud owners of a raft of damning Inspection reports. These allegations include those made against G4S Rebound in its treatment of children in Secure Training Centres. The question shouldn't be whether Nacro should be involved with G4S; it should be asked whether G4S themselves should be allowed to run prisons.

‘audio visual material recycling facility’ - a load of disgruntled cons smashing CDs and DVDs. That they feel this is something to boast about should be a hint to Nacro about the devil they are having supper with.

The biggest flaw in this plan is that Nacro swears blind they are having no input to either security or staffing. Interesting … that's like saying you want to help run a brewery but want nothing to do with alcohol. The biggest flaw in this plan is that Nacro swears blind they are having no input to either security or staffing. Interesting … that's like saying you want to help run a brewery but want nothing to do with alcohol. Security and staff are central to resettlement and that Nacro does not realise this should make us afraid … very afraid. Take the whole drugs business, for example,

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and its terrible effect on domestic visits. In an effort to cut drug use, the security on visits has ripped the guts out of what was once a positive hour or two. One result has been that the number of visitors has collapsed. From that, re-offending increases because family support is a major factor in whether we go straight or not. So there is a balance to be found here between security and visits. One increases re-offending, one cuts it. If Nacro are not going to engage in how this balance is reached in their prisons, then they won't achieve any of their hoped for resettlement gains. That is only one example, but a powerful one, to highlight how pervasive security concerns are in prison and how they are more than capable of overriding any resettlement agenda. Nacro may want to pretend that security and resettlement are not connected, but that is to insult everybody who knows the smallest thing about prisons and reveals a depth of ignorance that should rule them out of having anything to do with prison. And what of education? Will cons have some sort of Net access? Laptops in cell? All of

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This idea by Nacro is shameful. They will make money from detaining those who they have argued should not even be in prison, such as the mentally ill, the flotsam and jetsam of society that no one else wants. They have revealed that they have a frighteningly limited understanding of how prisons work, and that they are willing to collaborate with a company with a terrible reputation for ill-treatment and ineptitude. We have to wonder what possessed them to sink to these depths. Nacro was once a great organisation - weighty and moral. A previous leader, Vivien Stern, was a fierce campaigner for prison reform. Under the leadership of Paul Cavadino that moral compass has gone astray, with one result being that Nacro receives most of its funding from the Government itself. No wonder the Chair of the Howard League has declared that Nacro will now … ’have blood on its hands’. Hear, hear ... Ben Gunn is currently resident in HMP Shepton Mallet

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Comment

Insidetime October 2008 www.insidetime.org

Nacro in new prisons bid

Privately managed prisons now amount to 10 per cent of the prison estate and hold thousands of prisoners. If Nacro refused to accept contracts from the private sector to provide resettlement services in those prisons, we would be effectively abandoning many prisoners. Some critics have argued that organisations which favour penal reform should not accept government money to provide services. There are some excellent penal reform organisations, such as the Howard League, which do not accept government funding. However, none of these organisations provide services every year to over 80,000 offenders and young people at risk of offending, as Nacro does.

by Paul Cavadino, Chief Executive, Nacro

Photo courtesy of Nacro

he country awoke one morning in September to a news story claiming that Nacro, the crime reduction charity, was bidding to “run” two new prisons at Belmarsh West (London) and Maghull (Merseyside) in partnership with the security company G4S. Listeners could easily have received the impression that Nacro was proposing to build these prisons, employ their staff and manage all aspects of the prison from catering to maintenance.

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The facts are rather different. Nacro is not, of course, proposing to start building prisons or managing security. However, we have agreed with G4S that if the bid is successful, Nacro would manage the resettlement services in these prisons. We would deliver some resettlement services ourselves and work with other voluntary organisations delivering other services, with Nacro having the overall coordinating role for resettlement in the prisons. We see this as a logical development of our current work. Nacro currently works in around 40 prisons – both public and private – providing resettlement help and advice. Where a new

prison is planned and only private sector companies are bidding to run it, the best way of ensuring that Nacro will be able to provide a resettlement service is to be involved in a bid from the beginning. This means that we can be involved in designing the regime and help to ensure that prisoners receive a well planned, comprehensive package of resettlement services designed to reduce reoffending. It also puts us in a position to influence other issues – including security and the prisons’ equality and diversity practice – which have an impact on prisoners and their resettlement. Since the story broke, there have been a range of reactions. The response from most of the organisations which actually provide services for prisoners has been broadly supportive of Nacro. However, there has also been criticism (some of it vituperative and personalised). Some of the critics are simply opposed to working with private sector organisations. However, Nacro has always taken the view that wherever prisoners are held – whether in public or private sector prisons – we want to be in there providing resettlement help.

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policy. For example, we remain opposed to the Government’s strategy of expanding the prison system. In our view the right way to deal with prison overcrowding is to reduce the use of imprisonment, not to increase the number of prison places. We would like to see any newly built prisons replacing old or badly located prisons, not extending the prison estate. We will continue to argue publicly against expanding the prison system at every opportunity. But we would be failing in our mission if we allowed criticisms to deflect us from providing resettlement help to as many prisoners as we can in every type of prison. The best way for Nacro to ensure that prison regimes and resettlement services are of a good standard is not to stand on the sidelines and criticise. It is to get into prisons – public and private – and work to improve the regimes by participating in delivering them. And participation in the bids for Belmarsh West and Maghull is an important step in taking forward that aim.

URGENT WITNESS APPEAL HMP Frankland Andy and Pauline Day are making an appeal to any former inmates who may remember their son Paul Day, who died in the HMP Frankland Segregation Unit six years ago, whilst serving a sentence for robbery. Paul who was 31, of mixed race and from Southend, was in HMP Frankland from

Photo courtesy of Nacro

Nacro is now helping more than twice as many people as when I became Chief Executive in 2002, and I am really proud of this achievement. There is simply no way that we could have done this without accepting funding from government contracts as well as raising money in other ways. As a charity Nacro is, of course, non-profitmaking. All the funding we receive – from government, private or charitable sources – goes into providing services to resettle offenders and divert young people at risk away from crime. Accepting government funding has never stopped Nacro from criticising government

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12th August - 2nd October 2002 Paul died on 2nd October 2002 while a number of prisoners on the unit were engaged on a dirty protest. The inquest into his death ruled that he had taken his own life. His parents are appealing to anyone who may have been in the segregation unit on the day of his death and who may have information regarding the circumstances which led to his death, to contact the investigating officer via

Inside Time before 31st October 2008 Please write to: Inside Time ‘ Paul Day Appeal’ P O Box 251 Hedge End Hampshire SO30 4XJ

As this is an ongoing investigation into his death the family would very much appreciate your help.

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Insidetime October 2008 www.insidetime.org

Comment

Taking the writing off the wall Stephen Wade from the Writers in Prison Network insists the Prison Service need to encourage writing and that there is one law for such as Jeffrey Archer and another for those who are not ‘celebrities’ public prefer to conveniently ignore. One of the first things said to me in my prison work was; ‘Some people in here think that criminals just need to be put in a dark hole and pissed on.’ Well, with that attitude we never would have had Nelson Mandela out in the world, changing it.

Stephen Wade n response to Noel ‘Razor’ Smith’s piece ‘Living Under the Jackboot’ in the June issue of Inside Time, I would like to express a few thoughts about a very important issue concerning the creative writing going on in prisons across the land. Noel has highlighted something that is rarely, if ever, discussed: what exactly writers in residence do and who cares about it?

I

I am now in my fifth year as a writer in prisons, working for the Writers in Prison Network. They are the people who actually get dramatists, storytellers, film-makers and poets inside the walls. Our job is mainly to divert the writing on the walls - the sheer aimless protesting and into print; or at least onto paper, or on stage. In my experience, the Prison Service appear to know very little about what we do and what social or personal use that writing tends to have. Some offenders want to see their name in print, while others simply express something. Others unload emotion, and others divert rage and a sense of injustice into print or into notebooks. Whatever the reason for writing, I’m there; guiding, helping, suggesting. If a person wants to be a published writer, then that is a huge boost to my sense of worth. But what this is really about has been highlighted by Noel in his article: he has pointed out that somewhere within the prison regime there needs to be more open acknowledgement about what this writing is achieving and how it is being done. I have worked with men who have done the journalism certificate Noel did; I have helped people write booklets and articles that were subsequently published. One of my

In the work for two books I have been working on this year from my current prison, I have had to edit and re-edit almost endlessly to make sure that no names were stated, no prison numbers were in print and no prison staff named, even when they were to be complimented. I understand that; I signed the Official Secrets Act. But my gripe is that no one knew what I was doing and what the benefits of my work are in that respect.

clients in HMP Lincoln won the Puffin Prize for a booklet of fiction, and others have seen their stories and poetry in print. Another writer inside won the New Writer Magazine Award for a short story. What is all this about? Fundamentally it is most often likely to be writing about life inside or experiences of the criminal justice system. It may equally be about profound change, such as a new awareness of the criminal life and the switch of personal values after the prison experience. The fact that Noel has said his books are about ‘a wasted life’ reinforces what I have come to believe: that the best writing done inside is either about that sense of futility and waste or about sheer imaginative expression; the latter done by people who access their creativity inside, when they at last have space to do that. I strongly urge the Heads of Learning and

Skills across the land to be more directly involved with the work of writers and artists in their establishment, and never to simply let it go on without celebrating it, promoting it and letting it be read across the prison. Then there would be small chance of any investigation such as Noel talks about. What he highlights comments on utterly outrageous behaviour from a system that knew over the time of his incarceration that he was becoming a sophisticated and talented writer whose work was destined to be in print. The same could be said of several other writers – Norman Parker comes to mind as another success story. This issue does not only apply to offenders; former prison officer Robert Douglas, in his book ‘At Her Majesty’s Pleasure’, proves the same point – that everyone inside prison walls will be open to the urge to express what they have seen, to retell the stories they have known, and to open up truths the general

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I have given talks, printed endless leaflets, invited staff to contribute and to join in writing/reading groups, and over my five years the response has been most discouraging. If prison staff had known what Noel was writing - if they had asked and talked about it - then maybe he would not be in the terrible position he is now in. When the great writer Samuel Johnson applied for some backing from an aristocrat at the time, trying to find some cash to help with his work, he wrote in desperation after waiting hopelessly: ‘Is not a patron, my Lord, one who looks with unconcern on a man struggling for life in the water, and when he has reached ground, encumbers him with help?’ The Prison Service needs to think about that; whether they like it or not, they are in the position of being patrons, and incidentally in Jeffrey Archer’s books on his prison experience staff are named. Apparently there is one law for him and another for writers who are, unfortunately, not celebrities.

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Comment

Insidetime October 2008 www.insidetime.org

First Class Letter David Honey tries to figure out just how to get a contribution in Inside Time! ow I'm not one for wallowing in self pity, or even developing a persecution complex; but what's a man got to do to get published in Inside Time? Over the years I've sent the odd letter and, more recently, a few poems. I wait, expectantly, until the next consignment of Inside Time, hot off the press, reaches the prison library. Three months back I was at the front of the queue; I grabbed a copy, flicked through it wildly, like a peeved off John Leslie. Am I in a rush to find out the next controversial story regarding the heinous treatment of my fellow brothers and sisters in arms? The next miscarriage of justice case? Or maybe my comrades petty and sometimes not so petty grievances? No! I want to see if my words are in print. But alas! Woe is me! Not this month.

N

I must look psychotic as I start to get funny looks from the library orderly. I try my best to recover my composure and adjust my body language (I've seen those programmes on Channel 5 about body language you know); unfortunately, so has the library orderly! 'What? Didn't get published?' he asked knowingly, a smile spreading evenly across his face. 'No, no', I reply as I amble over to the Martina Cole section and try my best to melt into the crowd - it's always quite busy over there. I'm seething with rage - how dare they … don't they know a well-penned, coherent and utterly brilliant letter when they read one? Don't they know who I am? Or don't they know who I think I am? My self-esteem is on the floor. I try to pick it back up again, so I grab an Ian McEwan but this only exacerbates my feelings of inferiority and inadequacy, and I abandon it after three pages … much prefer the film ... that Keira Knightley's got a well fit arse. I take my withered self back to my cell. I pace up and down with Inside Time folded up under the crease of my arm like a demented stockbroker with his Financial Times. I'm trying to think of a cunning plan; a plan to see my words in print. I will not be beaten! I stop pacing; I flick hurriedly through my arch nemesis and arrive at the poetry section. Hmmmm, interesting, I'm a lover of the written word and have always fancied myself as a bit of a ditty writer. I get renewed confidence; I know my consonance from my assonance! I know the difference between an extended metaphor and a ... erm, unextended metaphor. Ok, I think, the £25 star prize for poem of the month will soon be winging its metaphorical way to me. Before my obsessive desire to become a 'literary great' I had always read through the poetry section with enjoyment and much admiration. But not any more, oh no! My eyes slant like a snake as I scansion line after line. I have the discerning, keen eye of the critic, looking for any form of weakness in my prey. Ah ha! I have it! The majority of the poems, as you'd expect, relate to prison, so I'll be a cut above and pen one or two about entirely different subjects. Genius! I hunch my back over and wiggle my fingers together wickedly - just got an image of Michael Howard for some obscure reason - and let out an ear-deafening cackle. I scribble away. I fill it with personification, dripping with irony - the rhyme scheme is so complex that it'll have Billy Shakespeare turning into a green-eyed monster. It puts a combined Villanelle and Sestina to shame. My magnum opus is finished. I stand back and admire it. I read it back to myself over and over and over ... you get the picture. I diligently handwrite it; burn the midnight oil like a 16th century Dominican scribe. I fold it lovingly and place it gently into my expensive A4 envelope - 14p from canteen, bloody rip-off that Aramark ... maybe I should write

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to Inside Time about that? Finally, I thumb down a freshly licked 1st Class stamp - only the best - onto the envelope. The next few days leave me with an expectant and permanent knot in the pit of my stomach so much so that I can't even bring myself to eat the weekly, grease infested, poor excuse for a meatless beef Ruby Murray. I saunter back from classes each afternoon and cockily look through my flap onto the cell floor to see if the kindly officer has unceremoniously dumped any mail. Days pass, and just as I'm beginning to lose confidence the day arrives, I peer through the envelopes on the floor, I try not to look too excited - got an image to protect - white, A4 width …could only be from Inside Time surely? The screw's taking her time, come on, come on! She lets me in, the door clanks shut behind me, but I hardly hear it. The envelope's face down, I pick it up, the smile already beginning to crease my smug face. I turn it slowly …£25 RECEIVED stamped on it in bold black ink, gotta be! Hold on! What the f***, there's nothing stamped on it! I pull the letter out, scan the words … 'Thank you for your ...’ yeah, yeah, moving swiftly on...’we shall duly consider...' What! Duly consider? Where's me bleeding £25 star prize? This is an outrage, I've been robbed. My shoulders slump, I sink into my chair, all I feel is dejection from the rejection - see, told you I was a poet! Then I begin to reflect. I start to wonder what happens to all those unwanted letters, poems, witty or maybe not so witty caption competition entries, personal grievances - the petty and the not so petty. I try to glean a little solace and understanding from Ryan Penn's Retrospective Gratitude article - Inside Time Issue No 110, page 21, but sadly I haven't the foggiest idea what he's going on about. This scene is probably being played out the length and breadth of the prison system; prisoner after prisoner having to feel that despair of the unwanted, the unloved, the unheard, and any more ‘uns’ you can think of ... but not unwarranted, cos that wouldn't really fit. A little tear begins to collect round the corner of my bloodshot eye. I lament - is this the lot of the artist? I torture myself even further. I imagine the Inside Time editorial team. In my mind’s eye I see them in their office; and if we're to believe Mark Leech they'll probably have all mod cons, state of the art IT equipment, chairs that swivel ... sat there swigging their expensive coffee with a pile of recent 'REJECTS' in front of them. I bet they have a right old laugh. I see John Bowers leaning back in his swanky swivel chair, one of my poems in his hand, shouting to Rachel Billington: “Wait ‘till you hear this one Rach!” And Rachel, waving some poor sod's letter in her hand, laughing so loud she can hardly speak: “Hold on John, let me go first ...” Then, after reading mine, when he's wiped the tears from his eyes - and not from sympathy - he turns my envelope around and says: “And look, he sent it first class!” Then the whole team disappear under the desks as they roll around, crying with laughter. I come back from my deluded fantasy, ah well, I think maybe Andy Warhol was wrong about the fifteen minutes, who knows. Then an idea comes to me. I have a cunning plan. I grab my A4 pad, chew the end off my biro nervously and begin to write ... I pen a little ditty ... I diligently handwrite it neatly ... I stand back and admire it ... could THIS be the one? I fold it lovingly and slide it carefully into my A4 envelope; just one more thing to consider - first or second class? I weigh up the laws of probability ... definitely second class! * David Honey is currently resident in HMP Bristol.

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Short Story

Insidetime October 2008 www.insidetime.org John, remember I love you sweetheart ... bye." The tears stream down his unshaven face as he clutches the phone tightly to his chest; still gazing around his once immaculate apartment. The apartment's untidy now, lacking the female touch: unkempt and befitting his dishevelled appearance. His stare fixates on his travel bag; it sits untouched and unopened on the sofa where he left it over a week ago. His firm had been very understanding - after all it was the British Army. On hearing the news they pulled him off his ‘special ops' mission a mission he'd been three months into and one that had, as usual, cut him off from all contact with the outside world. Apart from other members of his unit, the only other human 'contact' he'd had was with the Taliban. He'd been glad to see the back of Afghanistan, especially Helmand Province. Though his premature departure hardly yielded the homecoming he'd dreamt so often about - one where she'd have been waiting to greet him with open arms.

‘Killed in action’ by Andy Thackwray "Hello, this is Julie, sorry I can't come to the phone right now but if you leave a message, together with your name and number, I'll get back to you as soon as I can and if it's you John, remember I love you sweetheart ... bye." He watches the illuminated screen of his mobile dim before dropping it down the side of the armchair that's been his 'home' for as long as he cares to remember. He searches amongst the abundance of whisky bottles on the cluttered coffee table and finds one with some remnants left. He shakily unscrews the cap, which falls into the shabby area of unhoovered and matted shag pile beneath his feet, and empties half the contents into the

heavily smudged tumbler stood amid the chaos on the table. Leaning back into the armchair, he holds the glass up in front of his bloodshot eyes. "Why did she have to leave me, why?" He drains the tumbler in one and places it down on the chair arm then fumbles for the phone. He finds it and speed-dials her number yet again. He waits for her voice, the only 'real' thing left of her, whilst staring blankly at the abundance of condolence cards and messages strewn across the room. "Hello, this is Julie, sorry I can't come to the phone right now but if you leave a message, together with your name and number, I'll get back to you as soon as I can and if it's you

together with your name and number, I'll get back to you as soon as I can and if its you John, remember I love you sweetheart ... bye." "Why did it have to be you, why?" He gulps wildly at the tumbler's lumpy contents and screws up his face as he forces the last of it down. Minutes later, he throws the empty glass across the room towards the television. It smashes into their silver-framed wedding photograph that stands atop of the TV and it crashes to the floor. "And-who-the-f**k-isJohn?" His voice is guttural, slow and pained. They are his last words. Soon they are together again … so he can perhaps find out. * Andy Thackwray is currently resident in HMP Hull This is one of a collection of short stories from The Fruits from an Innocent Mind by Andy Thackwray, which is available in all good bookshops and also through Amazon, www.lulu.com or from Inside Time. This Way Up was serialised in Inside Time and a book is planned for publication in the New Year.

He pulls from his pocket a small, brown bottle of Valium still wrapped in its repeat prescription. He stares at it in his palm. 'One to be taken four times a day' the label reads. He manages a smile. Again he reaches for the phone. Again he waits. Again he hears his wife's voice. "Hello, this is Julie, sorry I can't come to the phone right now but if you leave a message, together with your name and number, I'll get back to you as soon as I can and if it's you John, remember I love you sweetheart ... bye."

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Short Story

Insidetime October 2008 www.insidetime.org letter in, the phone started to ring. It was sure to be Vera - for the tenth time that day!

Lags and Wags

Matthew Williams

In the second instalment of her exclusive series for Inside Time, writer and comedienne Alison Henderson continues the zany adventures of Sue and life on the estate So did they tag old Cyril off the estate then babes?’ Baz asked on the end of the phone. ‘Yeah, but it doesn’t make any difference does it’, replied Sue. ‘Course it does Sue, Old Cyril loves his pints down the Legion!’ Baz argued. ‘Oh he still goes. Maureen takes him in the wheelchair’, answered Sue. ‘Ya what?’ replied Baz, completely baffled. ‘Oh, I forgot to tell you babes, old Cyril had his leg amputated eight months ago. The HDC folk tagged his prosthetic by mistake, so he takes it off after 7pm, props it up at the side of the mantelpiece and buggers off on the tiles with Maureen down the pub!’ chuckled Sue. ‘No way!’ laughed Baz hysterically, ‘fair play to the old geezer eh, now that’s what I call getting legless!’ ‘Oh, before your beeps go, will you tell Brian that Vera’s sent him a postal order for £1.50

so he can ring her’, chirped in Sue, ‘Oh and that she loves and misses him very much.’ ‘Jesus love, have you not told her the SP with these phone call rates? He’s not in Pontins you know love! They’re like Arthur and Olive off ‘On the Buses’ those two!’ ‘Happens she can knit you a gym vest and matching shorts then? Save me a few quid eh!’ replied Sue sarcastically. ‘Listen love, I’m running out of units here and only got 53p left till canteen so I’ll give you a bell tomorrow night’, Baz tirelessly explained, ‘love you babes, speak to you tomorrow.’ ‘You too darling’, cooed Sue as she hung up the phone. Just as Sue was about to settle down for a night of ‘Britain’s Got Talent’ in front of the TV with her Lambrini, stamps, writing paper and a bottle of Avon perfume to drench the

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‘Hiya love, how are you?’ asked Sue sympathetically. ‘I’m bearing up thanks, I’ve just bagged Brian’s clothes and toiletries up and lit a candle for him’, replied a sombre Vera. ‘Bloody hell Vera! He’s not dead love! He’s in prison, not the chapel of rest - although I suppose he’s laid out 23 hours a day on his bunk bed so happens there’s not much difference eh?’ ‘I’m absolutely dreading tomorrow Sue, seeing him in there’, sniffled Vera. ‘Oh you’ll be fine love, stop panicking’, replied Sue reassuringly. ‘I’ve heard some awful stories about those drug dogs indicating at innocent people’, waffled Vera. ‘As long as you don’t snort any embalming fluid tonight love you’ll be absolutely fine!’ whispered Sue. ‘Pardon?’ asked a puzzled Vera. ‘Stop worrying missus, you’ll be okay’, soothed Sue - quickly changing the subject. ‘I’m really concerned about his health actually Sue’, chirped Vera, ‘I got quite a disturbing letter off him this morning.’ ‘Why, what’s up?’ asked Sue, concerned. ‘Well, he’d been to healthcare who said everything was alright but his personal officer said there were some very helpful penal reform organisations around should he need some information.’ ‘Well, yeah there is’, agreed Sue. ‘Thing is, he swore to me that he’d never looked at another woman, never mind slept with one, so why mention penal reform if he’s supposed to be clean down there?’ garbled Vera‘, ‘not only that, it says STD on the top of his visiting order.’ ‘Which means a standard VO’, coughed Sue nervously - dying not to laugh. ‘Anyway, I’ve got all his clothes ready to book in tomorrow, along with a board game, so at least he won’t be bored’, replied Vera, flustered. ‘Oh that’s great Vera, what did you end up getting him then?’ asked Sue. ‘I got him a few new bits, T-shirts, underpants, socks and Twister’, Vera replied. ‘Twister?’ stuttered Sue. ‘Yes, it’s a fun game … he’ll be able to play it with his cellmate’, explained Vera.

31

‘Indeed’, Sue replied in amazement. ‘Well, I’m up early in the morning to catch the train so I’ll bid you goodnight Sue.’ ‘Goodnight love, and have a good visit tomorrow’, replied Sue, placing the receiver down. Sue waltzed over to the cabinet where she kept all her letters off Baz. ‘I’m sure Baz mentioned something about Brian’s cellmate in his letter this morning’, she muttered to herself. She grabbed his letter and quickly scanned through it until she came to one particular paragraph. ‘Brian seems to be doing alright in here. His padmate Bruce is an old timer in his 80’s so …..!’ ‘No doubt Twister will go down a bloody storm then eh!’ mumbled Sue as she flopped down on the sofa and poured herself a super large glass of Lambrini.

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Insidetime October 2008 www.insidetime.org

Legal Comment

Confiscation Orders

Contact details for the regional confiscation units are:

Jackie Kent and Peter Brunning from HM Courts Service offer significant advice for those facing outstanding confiscation orders

T

he Government is placing more and more emphasis on “taking the cash out of crime” and resources are being invested to ensure convicted defendants are stripped of any benefit they may have received from crime. This new regime started with the Proceeds of Crime Act 2002 (which governs all offences committed on or after 24 March 2003) and continues to gather momentum as a key government target. An outline of the provisions of the Act appeared in the December 2007 issue of Inside Time. Recent changes in working methods have made the confiscation order regime more rigorous and more effective.

has not been paid in full. For example, if an order is for £40,000, the daily interest rate is over £8.

and sign any consent forms so that it can be sold speedily and paid against your confiscation order.

What should you do?

The magistrates’ court cannot change the order made by the Crown Court. If the Crown Court found that an offender has £500,000 in ‘hidden assets’ or a £300,000 share in a property, then there is no point in asking the magistrates’ to reconsider these findings.

Contact the specialised enforcement team at the HMCS Regional Confiscation Unit. There are nine units located throughout England & Wales - details below. If you are unsure of which unit you should contact then ask your probation officer or a prison officer who will find out for you.

There are now specialised units (within Her Majesty’s Courts Service, the police and the prosecution) whose remit is to ‘chase up’ and enforce outstanding confiscation orders. All such orders are now part of a national computerised database and each order that has not been paid within the time ordered by a court is individually monitored and reviewed on a weekly and monthly basis.

The regional confiscation unit will be able to provide information on how much the confiscation order is for, when it should be paid by, and how long the period of imprisonment will be if you have to serve extra time if it is not paid. Also, how much interest is added to your order, which means how much extra money you will have to pay on top of the order amount. Details can also be obtained of what assets were identified by the Crown Court e.g. cars, houses, boats, that can be sold to pay the confiscation order.

In general terms, what does this mean for someone who has a confiscation order and it has not been paid?

If enforcement proceedings are taken against you, they will inform you who you need to contact.

Do not ignore a confiscation order … it will not go away or be forgotten about!

If you do have assets to sell ...

If you don’t pay it could lead to you serving an extra period of imprisonment after you have served your current sentence and to you being arrested and brought before a court soon after your release. Even if you serve a term of imprisonment for not paying your confiscation order you will still have to pay the order in full and any interest which has accumulated on your release. Interest accumulates at 8% every year on any confiscation order that

Seek the assistance of friends or relatives in selling assets. The confiscation order is based on the Crown Court’s assessment of your “realisable assets” (not your current income). If the family do not sell any of these assets there may be a forced sale of these via bailiffs. Any monies received after the imposition of the default sentence by the enforcing magistrates’ court will reduce the amount of time you have to serve. If property has been seized, co-operate

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Regional confiscation units are developing further ways of enforcing confiscation orders in the civil courts. This could affect an offender’s credit rating for a period long after release from prison. It is also important to remember that a confiscation order can be enforced against a deceased’s estate. Criminal justice agencies are ensuring that all information for outstanding confiscation orders is readily available at all times. For example, if a warrant is issued for non-payment of a confiscation order, customs officials and Airline Officials will be notified when you attempt to leave or enter the UK. So, if you have a confiscation order to pay - seek advice or contact the relevant regional confiscation unit. Do not ignore the order or sit back and think it will go away - IT WON’T!

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 HMCS West Midlands Regional Confiscation Unit, Central Finance Unit, Victoria Law Courts, Corporation Street, Birmingham B4 6QF. Telephone: 0121 250 6701 – 6705  HMCS North East Regional Confiscation Unit, PO BOX 298, Leeds LS14 9DE. Telephone: 0113 264 6318  HMCS North West (Bolton) Regional Confiscation Unit, 22 Queen Street, Bolton BL1 1EZ. Telephone: 01204 557426  HMCS South East Regional Confiscation Unit, Dover Magistrates Court, Pencester Road, Dover, Kent. Telephone: 01304 218610/218639  HMCS South West Regional Confiscation Unit, PO Box 531, Weston-super-Mare BS23 9ES. Telephone: 01934 528567  HMCS Wales Regional Confiscation Unit, PO Box 14, Cramic Way, Port Talbot, SA13 1RU. Telephone: 01656 310220

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If you choose to ignore the order, the regional confiscation unit is likely to seek a production order for you to attend the magistrates’ court. This may involve a round trip of several hundred miles and may mean your rehabilitation arrangements are interrupted while you spend several days in a local prison. It is not currently possible to conduct enforcement hearings via video links.

 HMCS London Regional Confiscation Unit, Dept 2646, PO Box 31092, London SW1P 3WS. Telephone: 020 7805 1033 or 020 7805 1860

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Contact Miriam Altaf at EBR Attridge Solicitors 23 Southampton Place London WC1A 2BP 0207 842 8600

Insidetime October 2008 www.insidetime.org ob Dylan once said: “steal a little and they put you in prison, steal a lot and they make you King”. That may well be true and account for some injustices in the political world we live in, but in terms of POCA it’s more a case of: “steal a little and they will take you to the cleaners, steal a lot and totally wipe you out … for the rest of your life”. In fact they will try and wipe you, regardless of the amount. So those of you with aspirations of becoming King (or a Queen even) forget it!

B

The POCA elephant

The POCA elephant is now well and truly limping, with various appendages missing, but not yet really dead. As with any great horror movie, it can still jump out at the last minute when you think all is fine and finish you off. So be on your guard at all times and never underestimate them, or they may well jump out and bite you on the backside when you aren’t looking.

Arshid Khatana examines the implications of the Proceeds of Crime Act (POCA)

One of the biggest reasons for losing the POCA war is defendants becoming complacent and over confident; thinking they have it all sewn up and are ahead of the prosecution. Phrases that come to mind are: “oh, I can account for buying the villa in Spain. I was working part-time in the local chip shop and have some wages to prove it”, or “that’s not mine it’s my mum’s, so I’ll be fine”. The best one being: “criminal lifestyle? No, I don’t have a criminal lifestyle … I’ve never owned a Ferrari or a yacht or been to the Bahamas”. Well, sorry, but that’s not how it is according to POCA so wake up and get a grip. Having pay slips is wonderful and a step in the right direction, but if there is a week when you cant find one then that money, they will assume, is from illegitimate sources and want it off you. The problem is, yes that income may well be from legitimate earnings so may not be counted in your benefit figure but it will still be in your realisable assets figure, meaning they will want you to use it to

33

Legal Comment

satisfy your confiscation order. Of course the obvious one is: can the income from the part-time job in the local chip shop account for all that bling?

Needless to say it’s easier to prevent a fire happening than trying to put it out once it’s in full blaze, hence the importance of preparing your POCA strategy as early as possible and not sticking your head in the sand thinking it’s all going to be fine.

The term ‘criminal lifestyle’ in the context of POCA is nothing to do with affluence and having a jet set life of luxury. Quite simply, you’ve been convicted so you’re a criminal and if you’ve had three or more charges/counts of ‘criminality’ they will say you’ve had a criminal lifestyle and hence they can make assumptions in relation to your finances. Having said that there is an issue relating to the fact that the amount

KRISTINA HARRISON

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has to be over £5,000 for proceedings to continue, which can be utilised by your defence team to your advantage in some cases. Needless to say it’s easier to prevent a fire happening than trying to put it out once it’s in full blaze, hence the importance of preparing your POCA strategy as early as possible and not sticking your head in the sand thinking it’s all going to be fine. The secret of POCA success is good preparation as early as possible, fighting on all fronts and not just the one isolated battle. Every issue must be addressed and thought through in great detail - not leaving anything to chance. If one path brings up a wall go around the corner and find another way, there will certainly be one if you try hard enough. It’s also about having the tenacity to fight to the end and not giving up; no matter how late in the day. There’s still always a chance of winning the war, if not the battle, no matter how late in the proceedings. An interesting point brought to my attention this week by Isaac Mirza of JMW solicitors relates to banks and restraint orders. Astonishingly, in this particular case Lloyds TSB were held to be in Contempt of Court. Basically, there was a

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restraint order in force relating to the current account of a customer meaning he could not deal with his assets. The bank decided to close that account and open the customer a deposit account that would earn interest until the court made a decision. This of course was actually beneficial to the Crown since they would eventually get the interest as well. But the court decided they were in contempt because the initial account was identifiable by its specific number to the CPS who may not know the new account number! So beware, POCA law doesn’t always simply follow common sense or logic.

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At the Court of Appeal on 28th July 2008, in a case relating to a pharmacist, the defendant actually had a good result in the end because he didn’t give up the fight despite losing previously. Basically, he claimed from the NHS for certain items on prescriptions that were not dispensed although he was actually entitled to most of the money he claimed for. The fraudulent amount was a total of £464. His confiscation order was made for £212,000! In March, the court commented that it could not be expected for the prosecuting authorities to go through every single prescription itemising the odd fraudulent item within a prescription and held that the total amount for every prescription should be included in the benefit figure, amounting to the poor chap owing £212,000. On 28th July however, at another hearing, it was eventually decided, on other technicalities relating to arguments suggesting an abuse of process and the order being of an oppressive nature, that the original order be quashed. Hence my suggestion about finding that other path that may still be open. So keep fighting and it is still possible to win. * Arshid Khatana is Senior Consultant with POCA Consulting Ltd. Any questions relating to POCA and confiscations see advert below.

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WELLS BURCOMBE Solicitors

We provide specialist legal advice, assistance and representation in relation to the following areas: ‡ ‡ ‡ ‡ ‡ ‡ ‡

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We cover all aspects of Prison Law including: Adjudications & Prison Discipline - Licence Recalls Parole Reviews (including Parole Refusal) Categorisation Reviews (including Cat A Reviews) Mandatory & Automatic Lifer Reviews IPP & Extended Sentences - HDC - Tariff Settings IEP Schemes - Medical Issues - Transfers Human Rights Issues We offer a service throughout England & Wales and visit clients in custody. For immediate help and assistance call

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David Wells, Harjit Chana or Alan Burcombe @

Wells Burcombe Solicitors 2-4 St Peters Street St Albans Hertfordshire AL1 3LF

34

Insidetime October 2008 www.insidetime.org

Legal Comment

t’s just a constant guessing game of what’s going to happen next … when I initially came into prison, no-one actually came and evaluated my mind-set, as if to say, let’s see how he does ... no-one’s actually come, not an official psychologist, nothing.”

“I

Imprisonment for Public Protection (IPP) is an indeterminate sentence, introduced in April 2005. IPP prisoners do not have a fixed release date, but must serve a minimum ‘tariff’ before being considered for release by the Parole Board. At the end of July 2008 there were 4,800 IPP prisoners in England and Wales, and 31 had been released.

‘The stress of helplessness’ Max Rutherford and Joanna Keil highlight a report from the influential Sainsbury Centre that puts the spotlight firmly on the plight of IPP sentenced prisoners

The Sainsbury Centre has recently published a new report on IPP sentences, which was conducted by its Prisons and Criminal Justice Programme. The Centre spoke to 55 IPP prisoners and prison staff, in three prisons, between January and June 2008.

Being in jail and not knowing when you’re coming home it smashes your head to pieces.

We heard there are many general problems with the IPP sentence, including poor access to Offender Behaviour Programmes and poor information, but the lack of access to Prison Service accredited offender behaviour programmes was the concern raised most by IPP prisoners. Because of the high volume of IPP prisoners, and an insufficient level of resources to provide courses to those who require them, many IPP prisoners have been unable to complete their sentence plan prior to their Parole Board hearing.

“It’s terrible, absolutely terrible. I’ve only got a year left to tariff ... how they’re going to get me on four courses in the next year I’ll never know”. Some IPP prisoners are held in prisons that offer few courses or none at all. This is most likely in local prisons. Others are unable to participate in courses for physical or mental health reasons. Most said they faced long delays or were assigned to courses that take longer to complete than the tariff length set by the judge.

“Since I’ve been here I’ve put down for four courses and I haven’t done one yet … the two years and seven months I’ve done in prison have just been a waste, I’ve learnt nothing.” In some cases, prisoners with short tariffs were due to be seen by the Parole Board before they had even had a sentence plan assessment.

PARLBY CALDER Solicitors

SPECIALISTS IN CRIMINAL DEFENCE & PRISONERS’ RIGHTS

PRISON LAW Adjudications & Appeals against Adjudications Parole Applications - Recalls/Paper & Oral Hearings Categorisation - Lifer Reviews Licence/OASys/Probation Problems Transfers - HDC Applications & Appeals ROTL Applications & Appeals IEP Queries - Security Queries Healthcare Problems - SOPO Variations Obtaining Prison Records - Police Interviews Judicial Reviews - Prisoner’s Rights Agency Work Undertaken For free advice contact one of our dedicated prison law team today (Rachael, Suzy & Trish)

Parlby Calder Solicitors First Floor, 7 Whimple Street Plymouth PL1 2DH

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provide their children with answers to questions about release.

“It’s stressful that I haven’t got a release date. I never know when I’m getting out. I’ve got quite a close family and quite a lot of friends. They say ‘when are you coming home’ and I say ‘I don’t know’. How are you meant to say that to a 14-year-old daughter and your mum? It’s terribly stressful but you’ve just got to plod on and get on with it.” Several prisoners said that their relationships with partners had broken down because of their sentence.

“I don’t know when I’m getting out. I’m just in limbo. I’ve lied to my family, saying that I’d be out on my parole date, as I don’t want to upset them. I even lied to my girlfriend, but she found out that I could be here for years and she finished with me.” The majority of prisoners spoke of how they had felt vulnerable and upset when they first began their IPP sentence, yet only a few said they had received helpful information or support from a mental health team. One prisoner said that he would like to receive support, but wasn’t. He thought that he would be able to “get

a lot off my chest. I have dealt with a lot while I’ve been here … [but] I brush my emotions under the carpet”.

The emotional impact of the IPP sentence The majority of IPP prisoners we spoke to told us that the IPP sentence was affecting them emotionally, and that they found it was having a negative impact on their mental well-being. We also found that many IPP prisoners have a lot of complex needs; even more so than the general prison population, and that more often than not these needs were not being adequately addressed by prison services. Not having a release date had a forcible impact on prisoners’ emotions.

“I’ve seen this sentence destroy people - people going off the edge because of what the sentence makes people do.”

LZ Liz Solicitors www.lizsolicitors.co.uk Serving the southeast

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Many prisoners spoke of the frustration caused by indeterminacy, and many said that they had to manage the constant ‘not knowing’.

“Being in jail and not knowing when you’re coming home - it smashes your head to pieces.” This was described by one prisoner as the ‘stress of helplessness’.

“I haven’t got a release date. I never know when I’m going to get out … it’s terribly stressful.” Many of the prisoners had children and said they found it particularly difficult to receive visits because they were unable to

* Max Rutherford is Policy Officer for the Sainsbury Centre Criminal Justice Programme. Joanna Keil is a researcher. The full report: In the Dark: The Mental Health Implications of Imprisonment for Public Protection, is available to download free from www.scmh.org.uk, and hard copies can be purchased by writing to: Public Affairs, Sainsbury Centre for Mental Health, 134 -138 Borough High Street, London SE1 1LB. The Sainsbury Centre is an independent charity that works to improve the quality of life for people with mental health problems by influencing policy and practice in mental health and related services. They focus on criminal justice and employment through project work, research, publications and events.

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Insidetime October 2008 www.insidetime.org

Legal Advice

Challenging the Evidence The Exclusion of Unlawfully Obtained Evidence: When a breach of the rules leads to evidence being excluded rule. The greater the breach of the rules, the more likely the evidence is to be excluded. If ‘bad faith’ is shown; i.e. the officers breached the rules deliberately, then the chances of a successful application increase.

Aziz Rahman and Jonathan Lennon Many remand prisoners will spend part of their time pondering the evidence against them and wondering whether their lawyers can exclude any particularly troublesome part. It may be that the prisoner in question is convinced that some aspect of the evidence has been obtained illegally; for example by telephone intercept, the improper use of a participating informant, or by putting improper pressure on a witness. At this point it is time to ask the question that the trial Judge will ask when faced with a submission that the evidence has been obtained unlawfully; ‘so what?’ In this article we look at some of the situations where challenges to the admission of evidence can be raised by the defence on the basis that the police or the prosecution have broken the rules.

Due Process In this country we do not have what the Americans call ‘due process’. That is where the police or the District Attorney infringe a citizen’s constitutional rights, the trial Judge will almost automatically protect the citizen’s rights by excluding the evidence or halting the case. In this country the approach is different. Judges have to perform balancing exercises and address notions such as ‘the interests of justice’ and whether a Defendant can have a ‘fair trial’ or not. That is not to say failure to follow the rules will not lead to the Judge intervening and perhaps excluding the offending evidence - all is dependent on the facts of the case.

Section 78 - Police & Criminal Evidence Act 1984 There are a limited number of tools available to the defence lawyer who is interested in attempting to exclude evidence; the main tool overlays all other devices; s78 of the Police and Criminal Evidence Act 1984 (PACE). This simply allows the Court to “refuse to allow evidence on which the prosecution proposes to rely…if it appears to the Court that, having regard to all the circumstances, including the circumstances in which the evidence was obtained, the admission of the evidence would have such an adverse effect on the fairness of the proceedings that the Court ought not to admit it.” One of the classic types of s78 applications is where the police have breached their own Codes of Practice in obtaining the evidence. For example, by exceeding the authority for the use of a bugging device, or simply not following the correct procedure for a suspect interview at the police station. The procedures for both of these are set out fully in regulations under the Regulation of Investigatory Powers Act 2000 and PACE respectively. As already stated, there is no ‘due process’

The extent to which a breach or breaches of the proper procedure will trigger the exercise of the trial judge's discretion to exclude evidence under s78 all depends on the facts of the case. The expression "significant and substantial" has been favoured by the Court of Appeal, e.g. in R. v. Walsh, 91 Cr.App.R. 161 case. In that case, the Court found that significant and substantial breaches of proper procedure meant that "prima facie at least the standards of fairness set by Parliament have not been met". Section 78 did not mean that a police officer fabricating evidence, or deliberately fouling up the identification parade procedure, would automatically lead to that evidence being excluded - but the Court gave a strong indication that it would usually do so. However, it does not follow that good faith by the police will excuse serious breaches of proper procedure. In R. v. Walsh, the Court felt that bad faith may make "substantial or significant" that which might not otherwise be so, but the contrary does not follow: breaches which are in themselves "substantial or significant" are not rendered otherwise by the good faith of the officers concerned.

Common-Law/Fairness The other main tool in the defence armoury is the ‘common law’ – i.e. Judge-made law created over the years from judicial precedent and not by Act of Parliament. There is no magic formula or test here – the Judge simply has discretion “to exclude evidence if it is necessary in order to secure a fair trial for the accused” (Scott v R [1989] AC 1242) – this is often expressed as the test that evidence ought to be excluded if its prejudicial effect exceeds its probative value. In other words if the evidence lightly assists the prosecution in helping to establish the offence, but greatly damages the credibility of the Defendant, then the evidence should be excluded. So if someone is charged with laundering tens of millions of pounds of drugs money the Crown will no doubt wish to include in the evidence a lavish lifestyle of sports cars and luxury yachts. But if that evidence is included in a murder trial where lifestyle is of some marginal relevance, e.g. because it is a gangland shooting, then the Judge may exclude it from the jury.

Article 6 The Human Rights Act 1998 incorporated the European Convention of Human Rights into English law and this includes the right to a fair trial under Article 6 of the Convention. There is no doubt that the Convention has made the police, SOCA and Customs etc more accountable, and has served to remind the authorities of the rule of law. The Act has opened up opportunities for challenges to the inclusion of otherwise damning evidence as well as applications to stop proceedings as an abuse of the Court’s process. Disclosure of evidence, exclusion of evidence and abuse of process are three areas of litigation procedure that interlock and in practice are often considered together. Fine judgements must sometimes be made as to whether an apparent breach of

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35

the rules will lead to a disclosure argument, an exclusion argument, an abuse argument, or sometimes a mixture of all three. It is in fact more often Article 8 of the Convention that has led to successful exclusion arguments. Article 8 preserves the right to a private and family life. Thus the use of covert surveillance of any type is prima facie an infringement of that right. Of course such infringements may be justified under Article 8(2) – e.g. for law enforcement purposes. But this is only if it can be demonstrated that the interference is proportionate, lawful and necessary. In cases involving covert surveillance it is always worth considering whether the surveillance is lawful (i.e. properly authorised) and proportionate – i.e. not ‘over the top’ having regard to the evidence/ seriousness of the alleged offence. An argument to exclude such evidence would essentially be along the lines that the Defendant could not have a fair trial (Article 6) if the Court were to allow evidence that has been gathered in breach of his, or another’s, Article 8 rights.

Section 74 of the Serious and Organised Crime and Police Act 2005 This recent legislation is just starting to bite; the authors are both involved in cases where defendants are affected by s74. Section 74 of the new Act essentially puts ‘super-grasses’ on a statutory footing; those who are convicted and sentenced of offences can have their sentences significantly reduced by a Crown Court review by entering into a written agreement with the prosecution – which of course will usually involve giving evidence against others. This is an untested area and there will undoubtedly be applications to exclude such evidence. The only way this can be done will be to examine closely the procedure by which the super-grasses gave their statement and what the agreement is with the police/SOCA. It is expected that this new law will produce much in the way of disclosure arguments, for example proactive defenders will want to know if the informant has given ‘texts’ in the past, or whether he has been a registered informer in the past – and if so, how reliable was he then? This may provide ammunition for a s78 exclusion argument or it may (more likely) go towards providing useful cross-examination points to help reduce the informant’s credibility before the jury.

Conclusion As is often the case, much will depend not on the alleged conduct of the police but in the preparation of the defence case – have the prosecution been put on notice of any exclusion argument; has a certain issue been raised in the Defence Statement; is the matter on the Court record? The answer to the question ‘so what if there is a breach of the rules?’ will very often depend on how well the preparation has been done and whether you have laid the groundwork for your day in Court – in criminal litigation there are few guarantees; except that preparation is everything. Aziz Rahman is a Solicitor-Advocate and Partner at the leading Criminal Defence firm Rahman Ravelli Solicitors, specialising in Human Rights, Financial Crime and Large Scale Conspiracies/Serious crime. Rahman Ravelli are members of the Specialist Fraud Panel. Jonathan Lennon is a Barrister specialising in serious and complex criminal defence cases. He is former co-editor of the Prison Law Reports.

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Insidetime October 2008 www.insidetime.org

Legal Q&A

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; Parlby Calder Solicitors; Stephensons Solicitors LLP; Stevens Solicitors; Henry Hyams Solicitors; Morgans Solicitors; De Maids; Hine Associates - see advertisements for full details. Send your legal queries (concise and clearly marked ‘legal’) to our editorial assistant Lucy Forde at Inside Time PO Box 251 Hedge End Hampshire SO30 4XJ. For a prompt response, readers are reminded to send their queries on white paper using black ink or typed if possible. Use a first or second class stamp.

who has lied to me about a transfer. If this is the case, what chance do I have of being recategorised? I am doing a two and a half year IPP and have been in prison 12 months - 18 months to my PED yet I am still a Cat B. My review is this month and I feel the reason the adjudication took 8 weeks to go in front of a governor is so that she can keep me here. I was refused solicitor’s advice and lost 21 days all round. If ever I question anything, I seem to get into trouble!

A Your correspondent appears to raise three of the offence justifying a longer than usual licence period. Your correspondent refers to a non-parole licence and having been sentenced in 2006. A prisoner released at his non-parole date is required to remain on licence until the licence expiry date, which will be at the point of the sentence. However, an extended sentence prisoner will be required to remain on licence for this period of time plus the extended part of the sentence, which in your correspondent’s case is for 5 years. An extended sentence prisoner is liable to be recalled at any time during the period of licence that has been set by the Court, regardless of whether this is within the ordinary or extended licence period.

From: Mr M - HMP Peterhead Q In 2006, I was given a seven-year sentence at the High Court in Glasgow for rape. I was also given a five-year extended sentence.

NB This prisoner was sentenced in Scotland and it would therefore be wise for a Scottish practitioner to be passed this question. I have not referred to any legislation as I am unsure which specific Act applies. I believe it may be the Criminal Procedure (Scotland) Act 1995 (section 210A). I am also of the understanding the extended sentence period operates in the same way as that under English law.

............................................... I would like some clarification on the extended sentence: firstly, do the conditions I receive on a non-parole licence continue from the end of the licence, i.e. 7 years into the 5 year extended? Secondly, does any potential recall on the extended part follow the same procedure as that during the licence?

From: Mr S - HMP Leeds Q I recently had an adjudication regarding an

A In English law an extended sentence prisoner

assault which took place at the beginning of April. I was punched by another inmate so pushed him away. Although I consider this to be a fight, only I got nicked; the officer's evidence said that the other lad was defending himself - should this be classed as a fight?

is a defendant whom the court has identified as a violent or sexual offender; the circumstances

I put in a complaint against one of the governors

Levys SOLICITORS

REPRESENTATION AT ADJUDICATIONS BY THE EXPERTS LEVYS SOLICITORS - NATIONWIDE SERVICE

WE SPECIALISE IN ‡ ADJUDICATIONS ‡ JUDICIAL REVIEW ‡ PAROLE REVIEWS/LIFER HEARINGS ‡ IPP & EXTENDED SENTENCES ‡ CATEGORY A REVIEWS & RECATEGORISATION ‡ RECALL CHALLENGES ‡ CRIMINAL APPEALS ‡ CONFISCATION ORDER/PROCEEDS OF CRIME

For immediate and confidential advice contact a member of the team on:

0161 233 6600 Yasmin Aslam Margaret McNally We also specialise in Extradition Law Levys Solicitors Manchester House 84-86 Princess Street Street Manchester M1 6NG

separate issues: lawfulness of an adjudication, a transfer application and re-categorisation. When an adjudication is before a Governor, a prisoner has an absolute right to request legal advice prior to the adjudication proceeding (para 3.2 PSO 2000). Matters are normally adjourned for seven days to allow this to take place. If your correspondent is unhappy with either the way in which the hearing was conducted or the sentence imposed he has the right to appeal by way of form ADJ1 to request a review of an adjudication heard by a governor, on grounds of unfairness or error, within six weeks of completion of the hearing. I am unable to advise regarding the prisoner’s application to transfer as he does not explain the ‘blatant lie’ that is alleged to have occurred, nor does he explain the circumstances in which this has occurred. If the prisoner wishes to make a complaint regarding the way in which an application to transfer was dealt with, he should exhaust the internal complaints system initially by completing a COMP1 and then, if still not satisfied with the response, a COMP1A form. Solicitor’s advice should then be obtained if the response is still unsatisfactory. A category ‘B’ or ‘C’ IPP prisoner is entitled to an annual re-categorisation review, which usually takes place on the anniversary of the sentencing month. A review board will need to establish whether a prisoner poses more or less of a risk to the public than he did upon initial categorisation and whether he is more or less likely to escape or abscond. A finding of guilt following an adjudication hearing may have serious implications upon a prisoner’s re-categorisation review. It is therefore important the services of a prison lawyer are sought at the earliest opportunity in relation to any appeal against the adjudication or the sentence imposed.

CRIMINAL DEFENCE & PRISON LAW SPECIALISTS Advice & Representation on all aspects of Criminal Defence & Prison Law including:

Parole Board Hearings Recats Recalls Adjudications Complaints Appeals Advice given on all aspects of Prison Law Contact Michaela Hoggarth or Vanessa Welch at

From: Mr F - HMP Altcourse Q My sentence is 16 weeks; 112 days in total. Serve 56 days, less 3 days remand time, less 18 days early release - total time to serve 35 days. However I have served 44 days and still have 12 days to serve. I have no further charges to face, a home to return to and have been a model prisoner therefore at a loss and would be grateful if you could enlighten me. Have my human rights been abused?

A Your correspondent complains that he has not been released subject to the End of Custody licence arrangements and cannot understand why. End of Custody Licence was originally announced by the Lord Chancellor in June 2007. It applies from 29th June 2007 to those prisoners who are eligible and serving between 4 weeks and less than 4 years imprisonment. The new scheme allows prisoners to leave prison under licence for the last 18 days of the custodial part of their sentence. Unless prisoners opt out of the scheme they will be considered but do not need to apply for this release. Having said this however there is no entitlement to it even if eligible. There are certain limitations placed on who is eligible and they include certain types of offence, prisoners who have previously escaped or been recalled, those who have committed offences whilst on temporary release, those who do not have a release address, certain foreign prisoners, those who are subject to extradition proceedings, those who await sentence on other matters and those who are required to undertake a treatment programme as a condition of their licence unless it can be facilitated in the release period or otherwise agreed. Early release does not apply to those released on Home Detention Curfew and prisons may prioritise End of Custody release if HDC is not possible. Your correspondent does not appear to fall into any of the exclusions and we cannot understand why End of Custody release has not been possible. In order to pursue the matter further he would be best advised to seek the advice of a prison law specialist Solicitor who will be able to advise further.

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Legal Q&A

Insidetime October 2008 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 served with the army in Iraq and Afghanistan. Then I thought I’d like to be more settled and left. My job fell through. Things didn’t work out well. I started drinking heavily and taking drugs. It led to terrible rows with my wife and under the influence I put her in hospital. I was charged with a s.18 assault. I think that my army service helped cause the offending. How will the courts treat my service record and will it affect the sentence? I desperately want to be with my two boys again. A This is not a new problem. It is said soldiers are being released out of the army without proper assistance. It is claimed ex-soldiers from combat areas have a far higher incidence of alcoholism, drug taking and suicide per head than the rest of the population. It is also claimed they receive far more prison sentences per head as well. The first thing is to see whether you have a defence. Your solicitors will have to consider whether the prosecution have proved your intent. For the sentence you should seek to show that you are someone who is unlikely to offend again and your character is a good one. Your solicitors have a lot of work to do. Firstly, they should try to obtain two references from your commanding officers/army associates which show that your service record was excellent and you had no worrying aggressive tendencies etc. before the combat. It is important at least one of them attends your sentence hearing if that is possible. Secondly, your solicitors should obtain a medical report to see whether you are/ were suffering from a disorder like posttraumatic stress disorder. This would help

in two respects. Firstly, it may provide an explanation for your behaviour, and secondly it may suggest a course of treatment which will reduce your chance of reoffending. Thirdly, they should obtain references from this country to confirm that you were a good husband, a good father and someone who had no aggressive tendencies until the stress etc. got the better of you. Reference(s) from your former employers may be helpful. Another way to show you will not offend again is to show you have addressed your problems. You need to recognise you need help and it would be useful if you contact a group who can assist. I suggest you contact Combat Stress, who provide welfare services for ex-servicemen and women suffering from psychological problems associated with service trauma. I have spoken to them about your issues and they will, if asked, visit and advise you. They can also provide the name of an expert for your solicitors. Their address is Tyrwhitt House, Oaklawn Road, Leatherhead, Surrey KT22 0BX. The probation service and the Judge will see your contact with a group as important and a factor in lessening the risk of you reoffending. It would also be helpful if you expressed regret to your wife and try to keep the marriage going to help you to see your boys. However, if your wife is a witness and you are now estranged from her you should take advice from your solicitor how it should be done, as a letter to her directly may be seen as interference with her. You should also contact the Royal British Legion (see their ad in this paper and their freepost address). I have asked them about what they can do for you while you are in prison. I was most impressed

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with what they offer. Both the organisations will provide very significant help for you both before and after your release. So back to your question, if the preparation is done and the reports etc. are favourable, the Judge will approach your case with understanding and give you a significant discount. If the preparation is not done then you may have a most unhelpful probation report suggesting you are dangerous etc. Then you face IPP and a much longer sentence.

Q I was sentenced to 2 years for ABH, 2 years concurrent for dangerous driving, 3 months for driving whilst disqualified and 2 months consecutive for an unconnected s 4 Public Order offence. The first 3 offences were committed at the same time. If the ABH and the driving offence were concurrent, why wasn’t the disqualified driving offence concurrent? A There are two reported cases of signifi-

cance. One says that if the injuries are part and parcel of the driving it would be unjust to make the counts consecutive. In the other case, driving whilst disqualified, failing to provide a specimen and disqualified driving were all made consecutive. In that case the sentences were upheld. The reason is that the disqualified/drive offence is an aggravating element to the driving offence in the same way firearms and robbery sentences are frequently consecutive. Crown Court judges tend to look for ways to give what they consider adequate sentences for dangerous driving offences. The maximum sentence is only 2 years. The Court of Appeal looks at the overall sentence. If the Court considers it is not excessive they are reluctant to intervene. I don’t think you have grounds for an appeal because of the consecutive sentence.

Q

I was told by my barrister I had no grounds of appeal. I don’t agree with her and I intend to appeal to the Court of Appeal. How many days do I have to lodge the appeal?

37

A

You have 28 days. If the appeal is against conviction you have 28 days from the date of conviction. If your sentence is adjourned, the time limit for the conviction appeal is not extended. If your sentence is in two parts e.g. the passing of a custody sentence and a confiscation hearing, the time limit runs from the passing of the order you seek to appeal. It is possible to apply to appeal out of time. You need to provide a good reason. Such applications are often refused. My experience is that the strength of the appeal is a crucial factor.

There have been a number of enquiries about how prisoners can buy the book. If a friend visits the website or rings 01435 883838 and buys the book, Banks on Sentence will ensure it is delivered to the prison. Please make sure questions relate to sentences and not conviction or release. Unless you say you don’t want your question and answer published it will be assumed you don’t have an objection to publication. No-one will have their identity revealed. Facts which indicate who you are will not be printed. It is usually not possible to determine whether a particular defendant has grounds of appeal without seeing all the paperwork. Going through all the paperwork is normally not an option. The column is designed for simple questions and answers. Please address your questions to Michaela Hoggarth, Frank Brazell & Partners, 97 White Lion St., London N1 9PL (and mark the letter for Robert Banks).

38

Book Reviews

Insidetime October 2008 www.insidetime.org

The fruits from an innocent mind By Andy Thackwray Alison Henderson thoroughly enjoys a short-story collection that evokes several different emotions … Having followed Andy Thackwray’s excellent series ‘This Way Up’ in Inside Time, I was thrilled and at the same time intrigued when I received a copy of his latest publication: The fruits from an innocent mind. The book consists of a diverse collection of twenty cleverly written short stories that have more twists and turns than a rock and roll jive. My favourite has to be ‘Anaesthetic’, a hardhitting story about a young woman questioned for murder that certainly ends in an emotional punch centred straight to the heart. Anaesthetic is fiction at its best and I can assure you it’s an unexpected tale that definitely beat my inquisitive creative mind hands down. The one story that made me smile and brought back those heavenly memories of gas and air was ‘Water Baby’; an amusing tale that will encourage every mother reading it to shout out loud, ‘For God’s sake love, trust me, you really do need that pethidine!’ What made me smile about this story was the fact that every woman who has given birth will certainly relate to the attitude of her husband who is so laid back he’s horizontal! This quirky little tale also features a mother-in-law and let’s face it, whenever there’s labour and a wet cloth needed there’s always a mother-in-law on hand! ‘Sheepdogs’ is a story that touched my heart and sadly raises animal cruelty to the surface. A tale about a farmer who mistreats his sheepdog will have you praying for his just desserts

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right from the beginning. The old saying ‘what goes around comes around’ is perfectly written into this little gem. If there’s one story out of the collection that made me laugh out loud it had to be ‘Not on the Menu’. This humorous tale reminded me of a young dysfunctional Frank Spencer who tries so hard to impress a lady yet fails miserably. For me there’s definitely a warm feel of Lancashire wit in this story, and you just can’t help but feel sorry for the guy who desperately thinks he’s got it so right when it comes to charming a posh bird; a nice little punch-line at the end too. I’ve often conjured up crazy images of ‘Plastic Gangsters’ and never really understood them but this little cracker of a story had me in stitches right from the start. The character in this tale wheels and deals on a par with Del Trotter and a prank executed on a fellow inmate easily compares to those classic stitch-ups by Ant and Dec! The thing is … you just can’t help feeling desperately sorry for the victim at the receiving end of them! ‘The fruits from an innocent mind’ is absolutely packed solid full of unexpected surprises, some humorous, others certainly thought provoking. One particular story that embedded in my mind was ‘A Pawned Soul’. Andy Thackwray describes it as a ‘tale of love, loyalty and devotion, the poignant yet heartbreaking reality of drug addiction and those affected by it’. How far do you go to feed a habit? You can guarantee that A Pawned Soul will clarify that for you. I adored the short tale ‘The Late Samaritan’. It’s a typical little story about ‘sods law’ that describes the realistic situation of a do-gooder that ends up completely done for when he offers his help to all and sundry. Everyone got what they wanted, apart from the Good Samaritan who ended up with egg on his face. I’ve had a few moments like that myself! Andy’s excellent compilation of twenty extremely well-crafted stories is definitely a must to read. If there’s one that I’d have to rate as absolute ‘fiction perfection’, without a shadow of doubt it has to be the powerful, gripping tale ‘Anaesthetic’. The fruits from an innocent mind by Andy Thackwray (currently resident in HMP Hull) is available in all good bookshops and also through Amazon, www.lulu.com or from Inside Time.

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Screwed - the truth about life as a prison officer By Ronnie Thompson Charles Hanson wonders why a person with seemingly no time whatsoever for prisoners became a ‘screw’ Ronnie Thompson is a 28 year-old prison officer who sees his role as one which ought to command respect, though his forthright manner and the way he describes his approach to the job leaves one wondering what side of the fence he is actually on? Under the veneer of his concerns for having things right, he reserves his venom for everyone, both prisoner and staff alike, and seemingly has contempt for everything that is not to his liking. He clearly has an overblown confidence in his ability to carry out the functions of being a screw even if, as he claims … “being a good screw doesn’t always mean sticking to the rules and if we did stick to the fluffy human rights crap there would be riots every day”; a good point perhaps, but not a view likely to endear him to those responsible for the management of prisons. He describes himself as coming from a working class family, from whom he learned good values and how he was taught from an early age to look after himself, which in modern parlance means resorting to a physical response to confrontation. And so the stage is set for a no nonsense individual whose description of prisoners throughout the book is that they are scum, dickheads, wankers, cunts, bastards, grasses, nonces and all the kind of adjectives he applies to those who are, in his view, ‘low life’ and beneath him. In having it both ways he describes corrupt colleagues as scum and decries the prison officer bully, whilst being graphic about his own role in bullying and assaulting prisoners who have dared to cross his path. Prison management too don’t escape Thompson’s wrath as he lays into them as being ‘incompetent’ and unsuited to managing prisons. ‘For the Governors, having their freedom taken away is the inmate’s punishment and there is no need to add to that. What a load of bollocks’, Thompson explains. ‘I’m sure their victims feel the same - not! Freedom loss is enough? Wrong!’

Is there anyone or anything that Thompson doesn’t like? What seems to dominate Thompson’s idea of running prisons is coercion and force with plenty of rhetoric about Control and Restraint techniques and the occasional right-hander for controlling recalcitrant prisoners; and how he seems to revel in the physical approach in getting his message across. Progressive he is not when he bemoans the fact that some prison cells have en-suite showers … ‘and that is punishment?’ he asks. Whilst the lack of spaces in our prisons can easily be solved by building more prisons! Criminologist or statistician he is not, and I doubt that he looks any further than the man in the street who relies on the right wing press and subjective analysis to keep him informed about criminal trends and criminal justice. Thompson is what he is … a working-class chap from the same side of the tracks as many of those for whom he has charge who never made it into the Fire Service, which was his first choice of career, or the police, which he favoured – yet he gives no convincing explanation as to why he eventually chose to became a screw. A fixation with power springs to mind but that would be unfair to someone so brutally honest, yet he does start his book demanding respect and ends it likewise demanding the same, and wonders why prison officers are not afforded it in the same way as police officers, firemen and nurses. I think Thompson has answered his own question and achieved the ultimate faux pas in revealing so much about what makes him and many other prison officers tick. Nonetheless, the book is an eye-opener for the uninformed and compelling reading for those who seek improvements to a chaotic prison system that can attract those who have little or no interest in the rehabilitation of offenders and who, by their attitude and approaches, will invariably reinforce the ethos amongst violent offenders that ‘might is right’. Screwed by Ronnie Thompson is available in all good bookshops Charles Hanson is currently resident in HMP Blantyre House

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Book Reviews

Francesco's Mediterranean Voyage By Francesco Da Mosto Jane Andrews invites readers to let their minds roam free and enjoy a magical boat trip around the Mediterranean ‘From a very early age I suspected there was more to my world than I could see'. This is a quote from the most recent book by Francesco Da Mosto, recently screened on television over a number of weeks to show his amazing trip around the Mediterranean aboard the 'Black Swan.' The boat in question, built in 1899, is reputedly one of the largest and oldest classic sailing yachts in the world, so who wouldn't jump at the opportunity of spending months aboard such a vessel in the wake of his ancestor, the explorer Alvise Da Mosto, to experience the delights as his forbearers did! This review is penned exactly two years to the month since I started writing for Inside Time and if any of you happen to remember, my first review was on Francesco's book on 'Italy'; therefore I thought it fitting to mark that anniversary with this book. ‘I know I have given a greater insight into the world of reading to many, and to others I can only say that life is too short to hold onto resentments, therefore would it not be better to put your talents to good use and to write something worthwhile, because you may surprise yourself and bring happiness to others ...’ Francesco starts off from his home in Venice across the Adriatic, Ionian and Aegean seas only to discover the cities and islands where

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Western civilisation was born. The book is divided into twelve chapters, each one like his previous books showing the photographic work of the renowned photographer John Parker. We are taken on the most magical journey to places such as Santorini, fondly known as part of the White Islands, simply characterized by the distinctive white forms of their building which magically stand out against the blue of the Mediterranean Sea.

Jonathan King writes ... I’m suddenly very excited about the music scene. First, I was on holiday in France, Europe and North Africa. Driving around, I tend to listen to far more local radio than in the UK, where I’m generally tuned to Radio Two. For several reasons, the stations over there (especially in Africa) are like Radio One used to be decades ago – excited, enthusiastic, innocent. But also because it’s a great way to find out what is popular in the world outside these shores.

It did make me smile that Francesco does in fact offer a '... good dinner to whoever sends in a more acceptable answer' in question to why the islands are known as The White Islands, constantly probed by his editor to come up with a better answer than …'How should I know? It is an island. The islands are blue and white’. So there you go, if anyone out there knows of a good answer than I suggest writing to Francesco to claim your prize! What I found really special about this book was not only does it include a synopsis of his own log whilst aboard the Black Swan but also snippets of his ancestor Alvise, which may well have been back in the 1400's but shows the reader that things haven't changed that much from today! A chapter that left a 'mark' on me was Francesco's visit to Bosnia, and the recently restored bridge in Mostar, built in 1566 and destroyed in the 1993 conflict. It makes you wonder what Francesco's ancestors would have made of the town still divided in two today, reflecting the historic dualism of the region. Or even the town of Dubrovnik attacked by Serbian and Montenegrin forces in 1991 where town-folk hid in the old town because they believed ... ‘it was really absurd that anyone would bomb a place protected by UNESCO’. Sadly this was not true, and the town was badly destroyed. The quote at the beginning sums up this book in its entirety, and you too can discover what went into our history and culture as Francesco discovered for himself simply because: "Yesterday is history, today is a luxury and tomorrow is a mystery!”

Francesco’s Mediterranean Voyage by Francesco Da Mosto is available in all good bookshops Jane Andrews is currently resident in HMP Send

39

Your Lollipop, from his album … a very catchy (and slightly naughty) pop song.

Scene from Madcon’s video Beggin’ Far and away the global hit of the summer is Beggin’ by Madcon. I’m old enough to remember the original of this great tune by the Four Seasons, written and produced by my friend Bob Crewe and sung by the wonderful Frankie Valli. It’s on every station every few minutes, slamming the airwaves, sounding splendid. Madcon are Norwegians who have adopted and adapted the original. My favourite other smash was Take A Bow by Rihanna. Superbly written and produced by Ne-Yo, this is up there with the soul classics. She’s terrific. “Don’t say you’re sorry ‘cause you’re not; you’re just sorry you got caught”. Another much played track was Lil Wayne’s Lollipop (pictured) and the one I suspect inspired it - Mika’s Sucking Too Hard On

Then, after I returned, I watched the Mercury Music Prize. Normally full of token acts, this year all dozen finalists were, I thought, fantastic. One after the other impressed me. Last to perform was Elbow I’d never heard them before but was so impressed by the lead singer that I vowed to buy their album whether they won or not and blow me down, they did. So over the space of 24 hours I became all excited about the quality of music. Then a poster on our Tipsheet board listed all the tracks that had sold over a million in America so far this year and there were dozens, including the aforementioned Lil Wayne, Rihanna and others. With my friend Simon Cowell’s Leona Lewis at the top - and whatever we may all think about the annoying X Factor, Bleeding Love is a genuine, cast iron, copper-bottomed smash. Whether the kids today are borrowing from, or influenced by, us old 60s artistes, or making their own new stuff, we are poised for a very fruitful and exciting time in music. After several fallow years, thank God for that!

US Top Ten biggest sellers so far this year - all with over 2 million: 1. Bleeding Love - Leona Lewis 3,085,607 2. Lollipop - Lil Wayne 2,795,675 3. Low - Flo Rida Featuring T-Pain 2,676,539 4. No Air - Jordin Sparks 2,426,754 5. I Kissed A Girl - Katy Perry 2,354,252 6. 4 Minutes - Madonna 2,181,293 7. Viva La Vida - Coldplay 2,106,434 8. Love In This Club - Usher Featuring Young Jeezy 2,041,789 9. Love Song - Sara Bareilles 2,015,521 10. Pocketful Of Sunshine - Natasha Bedingfield 2,001,147

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40

Inside Poetry STAR POEM OF THE MONTH

Congratulations to Tony Edwards - HMP Camp Hill who wins our £25 prize for ‘Star Poem of the Month'.

I Wonder Tony Edwards - HMP Camp Hill I wonder why my eyes no longer cry The way they did the day you went away, The day you took the sun out of the sky And made my life a thousand shades of grey.

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

Charlie Nokes - HMP Downview

Me You Me You

Up The Creek Charles Briggs - HMP The Verne

I wonder why the garden where we kissed Is overgrown and withered with neglect, A place that time has shrouded in the mist That clouds my eyes whenever I reflect. I wonder why the letters that you wrote Have faded now like roses left to die, The scent of love that kept my hopes afloat Has vanished like the tears I used to cry.

I wonder at the closing of the day Why thoughts of you still follow me to sleep, And though my eyes still keep the tears at bay, I know my lonely heart will always weep.

Prison Law

Tony Pope - HMP Garth

Why do you fall silent? There’s been no word for days I feel like I’m drowning Why do you make me cry? Do you like this? DO YOU? I stared too long at the sun and now I’m blind, I can’t see you … Why do you treat me like a toy? Do you enjoy this? Be patient. Don’t be like me (…I’m slowly coming back to life, only then can we play) How long will I live? Eternal life, that’s how long Do you want to be eternal too? No thanks, not today.

I wonder why my heart no longer aches When photographs remind me of your smile, Or some forgotten memory awakes And urges me to linger for a while.

I wonder why the wind still calls your name And haunts me like an old familiar rhyme; Why love alone has kept alive the flame That flickers through the corridors of time.

Jean Sprackland came today!

Me … You Me You Me You Me You

We will award a prize of £25 to the entry selected as our 'Star Poem of the Month'. To qualify for a prize, poems should not have won a prize in any other competition or been published previously. Send entries to: Inside Time ‘Poetry' PO Box 251 Hedge End Hampshire SO30 4XJ.

We’ve come from the Limpopo And the Congo and the Tees And the Mersey and the Ebro And streams on the Pyrenees; We’ve canoed down the Amazon And punted on the Isis And we’ve borne the Severn’s troubles And the Volga’s mid-life crisis; We’ve paddled in the Indus And we’ve dined beside the Rhine We’ve cavorted by the Danube And we’ve seen the Shannon shine; Now we’re becalmed of our own choice And our horse has lost its saddle Our lifeboat has run aground We’re up the creek without a paddle. * HMP The Verne has a large proportion of foreign nationals, hence the inspiration for this poem.

PROBLEMS WITH THE PRISON? YOU NEED

Insidetime October 2008 www.insidetime.org

Jean Sprackland came today! but I was late, and so damn annoyed! ‘cos of stoopid ‘meds’ And ‘cos I was late, I could only peep round some HUGE guy who kept movin’ all the time !?*!? she wouldn’t have noticed me, as I sat, snatching photos of her whenever she came into view. And it was her words that were the revelation she spoke so eloquently, cutting to the quick of a thing And reading poetry that has magic inside it I was mesmerized by her hands … when she talked She has beautiful long fingers that flex and grasp the air as she speaks. Like two baby Octopi on the end of her arms that are itchy With interesting rings She said we should look for things that we think are not significant - but actually are? I sat mesmerized and thought Despite her Octopi issues I Love Jean Sprackland! And in amongst me fallin’ in love … Kieran Phillips stole my pen * Jean Sprackland is a renowned British author. My creative writing group were fortunate enough to be visited by her here at Garth.

Nelson Guest & Partners Criminal and Prison Law Specialists

Prison Problems? We Care Specialists in Prison Law & Criminal Defence work Access to sound legal advice in prison can be a worry.We provide a professional and sympathetic service. I I I I I I I I I

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c o n t a c t Paul Philpott or Julie Carr

01633 242526 14 Baneswell Road Newport South Wales NP20 4BP

put the matter in our hands - we can help you!

Contact our Prison Law Department on: (0115)941 9141 at any time or write to us at FREEPOST NEA15948,NOTTINGHAM NG1 1BR Regulated by the Solicitors’ Regulation Authority

Contact Mr Glenn Collins on:

0208 3095010 5th Floor, Roxby House. Station Road Sidcup Kent DA15 7EJ

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

Inside Poetry

Within The Concrete Box

Ignorant Bliss Gerald R Smith HMP Birmingham

Steve Arstall - HMP Altcourse

I’m living in dreams And always in trouble Can’t deal with my life So I bring in a double

I am not sure, what’s the reason It’s very hard to explain Locked within a concrete box Makes you feel insane

My Lying Heart Mark Hawkins - HMP Channings Wood I’ll lie to you babe You can lie to me, We can lie each other Into warm complacency I can tell you good things Hide away the bad, Stroke your hair with loving fingers Stop you feeling sad You have to lie to me too Let me know you care, Pretend to open up your heart And strip your soul down bare We’re only superficial Our feelings are the same, It’ll make no difference when you leave It made none when you came Lies are all I have to offer Lies are all you’ll get, Truth will only make us suffer Leave us emotionally in debt.

AB

When the door is open Your mind is free and clear Once locked within the concrete box You’re alone with all the fear Just one small problem One wrong word said Back within the concrete box Fills your night with dread Should you call a carer? Or should you try to be strong The concrete box mocks you The night can feel so long The morning finally gets here You rush down to the phone The concrete box is beaten A few words and you’re not alone At last another day closer To the day you end the strife The concrete box behind you It’s time for real life.

SOLICITORS

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Bumblebee Del MacDonald HMP Wealstun If I was a flower And the sun shone on me Perhaps I’d play host To the odd bumblebee; Wings that could fly me To the here And the there I’d live for a day Without much of a care I tell you One is too many And a thousand is not enough The life that I’ve lived The smooth and the rough The reasons were none The excuses so many I made them all Until I’m not left with any I look into the mirror I’m not sure who I see In my place this old man Where a young man used to be I go back to my cell My own private little hell I think about the flowers And the odd bumblebee Wings that might fly me And defy gravity

Serving the South East

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A life in two halves Welded together Two different people Together forever Never been me Always something contrived Don’t even know If the real me is alive A necessary evil Used for only defence Became my undoing It doesn’t make sense Too late to turn back Can’t tell them apart They’re both in my head And both in my heart Two jigsaws, one box No reason no rhyme Must I sort out the pictures One at a time If I put them together Would I like what I see Would I make it alone With only one me Do I really want answers Or ignorant bliss Would I choose the right one Or the one that I miss

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41

John Fuller

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42

Insidetime October 2008 www.insidetime.org

Jailbreak P HIP HO JAZZ

Gema Music Quiz

?

1. Young nuclear cat? 2. Great informant?

TRY POP

R&B INDIE

SOUL ROCK

Identify the following pop groups or artists from the cryptic clues and pictures (e.g Soaked 3 times = Wet Wet Wet)

COUN

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CAPTION C OMPETITION I’m Boris Johnson the Olympic Pie Eating champion!

Gema, sponsors of Jailbreak, Suppliers of

Mayor of London Boris Johnson waves as he arrives to receive the Olympic flag.

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.

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8. Burping, picking nose and biting nails? 9. Chilly stage show? 10. World breeze with flames?

LAST MONTH’S INSIDE KNOWLEDGE WINNERS £25 PRIZE WINNERS

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Prize Quiz winners: Simon Phelan HMP Littlehey Jenna Chambers HMP Peterborough

See below for details of how to enter. The first three names to be drawn GEMA MUSIC QUIZ WINNERSr with all correct answers + UCHER Sue Cayton (or nearest) will each receive £15 VO logue ta HMP New Hall free ca a £15 Gema Record Voucher and a free catalogue. Neal Roberts HMP Lowdham Grange The answers to last month’s Barry Wilcox quiz are on the back page HMP Full Sutton

Gary Jappy HMP Lowdham Grange £5 Consolation prize WINNERS

Steven Grice HMP Bristol Dave Arnold HMP Exeter

CAPTION COMPETITION WINNER

ANOTHER £25 PRIZE IS ON OFFER FOR THE BEST CAPTION TO THIS MONTH’S PICTURE.

Chris Randall HMP Cardiff

What do you think is being thought or said here?

Well done to Chris your £25 prize is in the post.

The Swiss pilot Yves Rossy reaches speeds of up to 125mph when he flew with jet-propelled wings across the Channel from France

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 ! ! 1. Which organisation advises inmates and ex-offenders on banking and insurance matters? 10. Who collapsed in bed in the night of 30-31 January 1997? 2. Who was involved in all the BigHouse Arts projects since May 2005?

? ? ? ?

3. Which former lifer is now planning a cruise along The Nile? 4. Machines don't care ... what do they do?

5. Where can prisoners lend reference books and PSOs for brief periods at the librarian's discretion? 6. Around 10% of prisoners in British jails are former members of what? 7. How many prisons have now signed up to 'emailaprisoner.com'? 8. 'The Big Hoose' is a brand new magazine for prisoners where?

9. Who said: 'It is better that some innocent men remain in jail than the integrity of the English judicial system be impugned'?

? ?

11. The Chair of the Howard League has declared that NACRO will now have what on its hands?

?

12. A little tear began to collect round the corner of whose bloodshot eye? 13. Who was about to settle down for a night of 'Britain's Got Talent'? 14. Who claims that 'being a good screw doesn't always mean sticking to the rules'? 15. Which prisoner loves Jean Sprackland?

Answers to Last Month’s Inside Knowledge Prize Quiz 1. Belarus 2. HMP Kirkham 3. Ronnie Biggs 4. Keith Rose

5. 3% 6. 3,702 7. HMP Hull 8. 23

9. 10. 11. 12.

Roland Woodward 160,000 Peter Stringfellow 11,000

13. November 2003 14. Christopher Spry 15. Dean Alan Brindley

TO ENTER ANY OF THE ABOVE PRIZE COMPETITIONS PLEASE DO NOT CUT OUT ANY OF THESE PANELS. JUST SEND YOUR ENTRY TO ONE OR ALL OF THESE COMPETITIONS ON A SEPARATE SHEET OF PAPER. MAKE SURE YOUR NAME, NUMBER AND PRISON IS ON ALL SHEETS. POST YOUR ENTRY TO: INSIDE TIME P O BOX 251 HEDGE END HAMPSHIRE SO30 4XJ.

£

£

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CLOSING DATE FOR . ALL IS 28/10/2008

YOU CAN USE ONE ENVELOPE TO ENTER MORE THAN ONE COMPETITION JUST MARK IT ‘JAILBREAK’. A 1st OR 2nd CLASS STAMP IS REQUIRED ON YOUR ENVELOPE.

EP D

CRIMINAL DEFENCE & PRISON LAW SPECIALISTS

ERICA PEAT & DIABLE N AT I O N W I D E A D V I C E & R E P R E S E N TAT I O N O N SOLICITORS A L L A S P E C T S O F P R I S O N L AW I N C L U D I N G : For a fast, experienced and professional service ‡ Adjudications ‡ Judicial Review ‡ Categorisation ‡ Parole Review ‡ Licence Recalls ‡ Tarrif/Minimum Term Reviews please contact: ‡ Criminal Appeals & CCRC Cases ‡ HDC Applications

Simon Diable 020 8533 7999 SERIOUS CRIME SPECIALISTS WITH A TRACK 24hr Emergency RECORD OF SUCCESS IN CASES INCLUDING: 07968 358 509 write to:Erica Peat & Diable Solicitors 314 Mare Street Hackney London E8 1HA

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

Insidetime October 2008 www.insidetime.org

43

Jailbreak

R DLS EKA R T R D R PTR ISS O CN AL ITF EG W HO J P COH Y H N B

TWENTY QUESTIONS TO TO TEST YOUR GENERAL KNOWLEDGE

V B L O C K A X O H P W O O D W O R K R

1. Which author wrote the 2005 best selling book ‘Yes Man’?

L L

? ? ? ? ? ? ? ?

I

A M U C L T V B H C F Q C P A B D

2. In Formula 1, Damon Hill succeeded Nigel Mansell in which team?

J R B L M C A R D S Y D O C P O Y R E V

3. Munich and Stuttgart are cities in which European country?

H P R

4. In the NATO phonetic alphabet, the name of which drink is used to represent the letter ‘W’?

R O A N E Y T U G M S D O C E R

5. Which female Olympic athlete won the 2004 BBC Sports Personality of the Year award?

D L Y Y A S E K A S C G K R D P U B R K

I

S O N

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S S U E L N

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U T B L C I

A L G

E O R G A T E S A C U B D T E T R R S H V R E M J M N P D N A M E R U X C E E L

6. In tennis, the US Open, French Open, Australian Open and which other event make up the ‘Grand Slam’?

B V H L N C E L L S P

I

N P C G E D W P

7. On which side of the road do cars drive in India?

N R W O O S C R E W P J

L O A D S W O O

M G E O K R E B Y E F

G H T R H

8. Which prominent name on the US Declaration of Independence is often used to mean a signature?

D R

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B T F A L M A W V

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T C R S E

S A U A M A L P B T Z D P E O O T E Q V

9. In the EU, what type of ‘policy’ do the initials CAP stand for?

A F M R T U S T A B L E T E N N

10. Ficus elastica is the botanical name of which houseplant?

W F F S B O N Q N O T

I

11. With which international cuisine is the dish of gefilte fish associated?

Q

12. In which country was the guerrilla leader Che Guevara killed in 1967?

H T R O L L C O U N T C R A C O

13. In which game are there tiles named Bamboos, Circles, Characters, Dragons and Winds?

I I

G

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T B S E G X H Y

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S L B

O V F G L R O S I

F G C Z V S A I

S M S W

E T A M D A P U T R O N R E V O G T

M X FIND C DTHE F HIDDEN T E AWORDS S T TO H DO J K L PRISON R E CLIFE V J K WITH

14. The musical Fame is set in which US city?

BANGUP - BARBED WIRE - BARS - BELL - BLOCK - BULLY - CANTEEN - CARDS CELLSPIN - CONVICT - COURT - DTO - DRUGS - ESCAPE - GATE - GRAFFITI - GOVERNOR - KEYS - LOSS - GYM - MAIL- NUMBER - EDUCATION -PAD MATE - PARCEL - PAROLE PHONE - POOL - LIBRARY - RACISIM - REMAND - SCREW - SHOWERS - SECURITY SWEATBOX - TABLE TENNIS - VISIT - ROLLCOUNT - FIGHT - WOODWORK - PRISON ISSUE

15. Which country’s Rugby Union team is known as the Springboks?

16. Which kidney-shaped nut is edible when roasted and is often eaten salted?

CHECK FORWARD, BACKWARD AND DIAGONALLY, THEY ARE ALL THERE! £5 is on its way to Andrew Harborne - HMP Hindley for compiling this wordsearch for us. IF YOU FANCY COMPILING ONE FOR US JUST SEND IT IN MAX 20 X 20 GRID & COMPLETE WITH ANSWERS PLEASE. IF WE USE IT WE WILL SEND YOU £5 AS A THANK YOU!

17. Re-recorded in 2006 by Katie Price and Peter Andre, the Oscar-winning song ‘Whole New World’ was from which film? 18. Which indoor ball game is also known as ping-pong?

19. The decommissioned Royal Yacht Britannia is now permanently moored in which Scottish city? 20. Which Hollywood film star married fellow actor Geena Davis in 1987?

IRAQI FOOTBALL STAR SIGNS FOR LIVERPOOL

ANSWERS CAN BE FOUND ON THE BACK PAGE PAGE

The Liverpool manager flew to Baghdad to watch a young Iraqi play football. He is so impressed that he is immediately offered a contract. Two weeks later Liverpool are 4-0 down to Man Utd with only 20 minutes left. The manager gives the young Iraqi striker the nod and on he goes. The lad is a sensation, scores 5 goals in 20 minutes and wins the game for Liverpool. The fans are delighted, the players and staff are delighted and the media love the new Liverpool star. When the player comes off the pitch he phones his mum to tell her all about his brilliant first day. ‘Everybody loves me’ he says, ‘ the fans, the media, they all love me.' 'Gerat,' says his mum, 'but while you were having such an exciting time your father was robbed and shot in the street, your sister was hijacked and gang raped and your brother has joined a gang of looters.’ The young lad is very upset. 'What can I say mum, but I'm so sorry.' - Sorry?!!! Sorry?!!!' says his mum, MW HMP DOVEGATE

MICHAEL PURDON Solicitor Specialist Prison Law Advice Team dealing with: t Tariff Representations t Parole Board

t t t t t

Hearings including all Lifer Panels and Recall Hearings Adjudications Categorisation and Transfer issues Parole Request /Complaints LSP 3B/3E Reviews

Write to us at:

Freepost MID 18045 Nottingham NG1 1BR or call us on:

Ward's Building, 31-39, High Bridge, Newcastle-upon-Tyne NE1 1EW

Tel: 0191 2321006 Fax: 0191 2320445

( 0115) 9583 472 Our dedicated team are always willing to help. Please feel free to contact : Melanie Woodward Jane Winfield James Fairweather Ben Samples Martin Bridger Naomi De Silva Jessica Vogel Lucy Gelder Ashley Raynor Suzanne Jovanovic

Irrespective of where you are in your life sentence you will experience delay in your progression. We can help. We advise on sentence planning, risk assessment and career progression of life sentence prisoners. We also specialise in mandatory lifer panels, discretionary lifer panels, IPP cases, recalls, CCRC applications and judicial reviews.

‘Why did you make us move to bloody Liverpool with you?’

criminal defence, prison law and family solicitors Legal services in the South West HMP Exeter, HMP Channings Wood, HMP Dartmoor • • • • • •

Criminal Defence Police Interviews Adjudications Licence Recall/Revocation Licence/Probation Problems Parole Board Applications and Hearings • Prisoner’s Rights

All aspects of defence law, prison law and family law work including divorce, contact and care proceedings. Contact Lynda Hodgson or Lesley Powell at Everys, 18 Southernhay West, Exeter, EX1 1PJ. T: 01392 477983

www.everys.co.uk

AGE RAMP

Just say What you see!

IN

THE SA ND

QT II

2

9

16

paause

17

FLAT SENO

18

11

EDIT

QUICK DRAW

5

Clues Across

PAT EHT

Clues Down

6

T U CROWD

1. 2. 4. 5. 6. 7. 10.

20

13

B A R G

GoldenGate H2O

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8 2 7

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9 8 1

2 3

6 2

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B A R G

B A R G

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1. Part of an egg (4) 3. Counteract (6) 8. Course printed cotton cloth (6) 9. Cavort (6) 11. Dishevelled (7) 12. Literary composition (5) 14. Extremely cold (3) 15. Realises (5) 16. ____ de Clogne (3) 17. Irritable (5) 19. Stamen parts (7) 21. ______ monoxide, poionous gas (6) 22. The waiter in Fawlty Towers (6) 23. Glued (6) 24. Largest of the Inner Hebrides (4)

MORE MORE MORE MORE MORE MORE MORE

fabluece

5

10

19

12

JUMBO

General Knowledge Crossword

THORN

rich rich

IN

to

10

7 5

7 9

6 4 5 3 8 4 7 2 9 1 5 9 9 3 8 1 8 2 7 7 5 6 8 2

from

HAND HAND HAND DECK

4

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15

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SPELL

1

rags

A

14

7

LIKE TV’s ‘Catchphrase’

B A R G

Brand-name door-opener (4-3) Deputy doctor (5) Searches about (7) Water basins (5) On ___ Beach, novel (3) Tenant (8) Former Turkish Empire (7)

12

14

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ANSWERS TO

SUDOKU AND THE CROSSWORD

13. Emphatic personal pronoun(8) 15. Central part (7) 16. Carry out (7) 18. Board-game goes (5) 20. Show gratitude to (5) 21. School hat (3)

ARE SHOWN BELOW

A N S W E R S O N T H E E D G E O F T H I S PA G E > > > > > > > >

2. Pregnant pause 3. Rags to riches 4.Quick on the draw 5. A white elephant 6. Stand out in the crowd 7. On the rampage 8. Head in the sand 9. All hands on deck 10. Flat on ones back 11. Turn of the tide 12. Blue in the face 13. Water under the bridge 14. Under a spell 15. In black and white 16. From top to bottom 17. Thorn in the side 18. Room for one more 19. Pat on the back 20. Up for grabs

Insidetime October 2008 www.insidetime.org

Jailbreak

Catchphrase answers......Catchphrase answers......Catchphrase answers....... Catchphrase answers....... 1. Cutie Pie

44

> NEXT ISSUE Week commencing 3rd November 2008

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9 5 1 3 4 8 7 6 2

3 7 8 5 6 2 9 1 4

6 2 4 9 7 1 5 8 3

7 5 2 8 1 3 6 9 4

9 1 4 5 6 2 7 3 8

8 6 3 4 7 9 2 5 1

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5 3 9 1 2 8 4 7 6

2 7 1 3 4 6 9 8 5

3 2 5 7 8 4 1 6 9

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4 8 7 6 9 1 5 2 3

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General Knowledge Crossword Across 1.Yolk 3. Offset 8. Calico 9.Prance 11. Unkempt 12. Essay 14. Icy 15. Knows 16. Eau 17. Ratty 19. Anthers 21. Carbon 22. Manuel 23. Pasted 24. Skye Down 1. Yale key 2. Locum 4. Ferrets 5. Sinks 6. The 7. Occupier 10. Ottoman 13. Yourself 15. Keynote 16. Execute 18. Turns 20. Thank 21. Cap

1. Danny Wallace 2. Williams 3. Germany 4. Whisky 5. Kelly Holmes 6. Wimbledon 7. Left-hand 8. John Hancock 9. Common Agricultural Policy 10. Rubber plant

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