the National Newspaper for Prisoners & Detainees a voice for prisoners 1990 - 2015 A ‘not for profit’ publication / ISSN 1743-7342 / Issue No. 197 / November 2015 / www.insidetime.org An average of 60,000 copies distributed monthly Independently verified by the Audit Bureau of Circulations
‘A CHANCE TO CHANGE’
MICHAEL GOVE
Lord Chancellor and Justice Secretary, addressing the Conservative Party Conference 2015 in Manchester on 5 October
Prison should offer individuals a chance to change their lives for the better. Yes, they’ve done some terrible things. They broke the law, they crossed the line, and no moral society can tolerate law-breaking without punishment. But we should never define individuals by their worst moments. None of us - none of us - would want our identity and our future determined by our worst moments. And we should not compel those who have made mistakes to live lives forever defined by those mistakes. Committing an offence should not mean that society always sees you as an offender. Because that means we deny individuals the chance to improve their lives, provide for their families and give back to their communities.
BEHIND BARS: HRH The Duchess of Cambridge meets a former prisoner at HMP Send in Surrey. She met prisoners and joined a session run by the Rehabilitation for Addicted Prisoners Trust (RAPT). The Duchess heard from residents how the Charity has helped them to beat their drug and alcohol addictions. RAPT report on the visit page 33
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Michael Gove speaks page 26
Mailbag
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the national newspaper for prisoners published by Inside Time Limited, a wholly owned subsidiary of The New Bridge Foundation, founded in 1956 to create links between the offender and the community. Inside Time is wholly responsible for its editorial content. Comments or complaints should be directed to the Managing Editor and not to New Bridge.
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Star Letter of the Month
Insidetime November 2015 www.insidetime.org
So in practice the prison will be so desperate that they will give such jobs to anyone who applies, leaving both the ‘carers’ and the ‘clients’ open to abuse and exploitation. Here are some examples I have witnessed personally in female prisons:
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Prisoners exploiting other prisoners
.................................................... VERA WOODHALL PRISON SUPPLIED I was interested to read your article on PSI 2015-017 about ‘prisoners assisting other prisoners’. Can you clarify what will happen if a prisoner with care or support needs is not willing for such needs to be met by other prisoners? This would not be unreasonable, since we all know how much low level bullying, ‘in groups’ and ‘out groups’, pecking order/ hierarchy of crimes etc. exist in prisons. I have personally witnessed many instances of prisoners exploiting other prisoners in the guise of helping/caring. The prison will no doubt say that ‘care assistant’ jobs will only be given to ‘trusted’ prisoners, but we all know supposedly trusted prisoners who have been sacked from trusted jobs for stealing, skiving etc. The problem will be even worse in the female estate, where prisoners who are unpopular or vulnerable due to the nature of their offence (e.g. sex offenders) are expected to live on normal location (there are no female VP units as for men). I don’t approve of their crimes but I still don’t think it would be fair to make them rely on other prisoners for their basic care/support needs. And care assistant type jobs are not popular, as the prisoners who have care/ support needs may also be very demanding or difficult - I know of one such lady who was so cantankerous that all the health care assistants refused to work with her and then got punished as a result!
1. A carer would help an elderly lady who was unable to roll her own cigarettes. The carer would regularly make her about ten cigarettes and then ask if she could have the ‘little bit’ of baccy that was left herself (i.e. about 30 roll ups) for helping her. The client had no idea how many roll ups she should be getting, as she had only smoked ‘proper’ cigarettes before coming to prison. 2. A group of ‘carers’ collectively arranged between themselves to all be ‘unavailable’ to help an unpopular prisoner get to her visit on time. 3. A wheelchair user deliberately ‘fell’ out of her wheelchair whilst being pushed by a care assistant prisoner in order to get the carer (whom she didn’t like) sacked. 4. A prisoner with low literacy skills would dictate her menu choices to a helper who filled in the menu for her. Then when the meals arrived and she saw something else she preferred, she would claim the carer had filled her menu in wrong. She did this so often that in the end everyone refused to help her! 5. A carer would help an illiterate prisoner fill in her canteen form, but would order a few ‘extras’ that she knew the client didn’t like so that she could have them for herself. I could go on, and many of these are not ‘serious’ bullying/exploitation, but taken together paint a picture of how a sick/ disabled/confused/vulnerable prisoner is put at risk by this policy. And he or she is unlikely to be capable of complaining or to be believed if he or she does, as it will be their word against that of a ‘trusted’ carer whom the prison is desperate to keep in their job.
Prison fire at HMP Albany
..................................................... CRAIG STEAD - HMP/YOI PARC Could you please tell me why the prison fire at HMP Albany earlier this year was not even mentioned in any of the subsequent issues of Inside Time? I thought that the idea of a national prison newspaper was to keep prisoners informed about what is happening in our prisons. Many prisoners affected by this fire have written to Inside Time but all of these letters have been blocked and returned to the writers by the Security Department. I was one of those prisoners whose letter was returned. I was at HMP Isle of Wight before transferring here in July. I can only imagine that you will not print this letter as you have not printed anything since the fire happened. It is an absolute disgrace that Inside Time and HMP Isle of Wight have conspired to hide this and pretend it did not happen. Editorial note: Inside Time can only report on incidents that we have been informed about. We knew nothing of a fire at HMP Albany. As you say ‘letters have been blocked and returned to senders’, but this has not been done by Inside Time, and we have not ‘conspired’ with anyone to block this news.
So what safeguards will be in place to prevent abuse, and can a prisoner (or their relatives) insist on qualified/vetted/trained non-prisoner support workers? Editorial note: This letter has been sent to NOMS for comment.
Janine Doolan
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Prisons are ‘public spaces’ says the High Court
..................................................... PETER OATES - HMP HULL The recent High Court ruling stating that prisons are public spaces has dealt a massive blow to those prisoners who smoke. Prisoners should, in my view, look beyond the arguments for and against the total smoking ban which will be enforced across the prison estate within the next 12 months, and now turn their attention to the judgement itself. Now that the MoJ and Prison Service have won their ruling, perhaps they will equally adhere to the many laws that cover ‘public spaces’ that exist within society. The Justice Secretary, Michael Gove, has publicly stated that he agrees with the Chief Inspector of Prisons, Nick Hardwick, that prisons are rife with violence, drugs, idleness and squalor. As a person holding public office (Secretary of State) you have a statutory duty in law to report any prison operating within the descriptions you use and agree with to the appropriate authorities for closure. If a licensee of a nightclub or public house was to have daily incidents of illegal drug use, grotesque violence and the premises were in a state of squalor, then the local council, police, health & safety executive and environmental health would seek a court order and close the premises down because they are a public space.
If you would like to contribute to Mailbag, please send your letters (including your name, number and prison) to ‘Mailbag’, Inside Time, Botley Mills, Botley, Southampton, Hampshire SO30 2GB.
ROTL situation at HMP Springhill
...................................................................................................... NAME WITHHELD - HMP SPRINGHILL Following your recent issue containing the article ‘ROTL… what has changed’ I felt I must write to highlight the situation here at Springhill. Since the recent changes to the ROTL PSI in March, the number of prisoners gaining ROTL from this establishment has dramatically declined. As a snapshot - over the August Bank Holiday weekend only 18 prisoners were granted ROTL from a population of 326. Governors have informed us that this is owing to the impact of the new ROTL PSI and that the decline is the same across all Category D establishments.
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Contents Mailbag ............................................. 2-9 Newsround .................................... 10-17 Diary .............................................. 18-19 Comment ....................................... 20-27
The article you published from Hine Solicitors states; ‘The review recommended, not only to increase the stringency of ROTL but to have greater consistency’. Also - ‘Standard ROTL will essentially operate as ROTL did before the change in procedure’. This is certainly not the case with respect to HMP Springhill. Many prisoners have worked towards D-cat and gaining ROTL over a number of years and many are not accessing ROTL’s to ensure a successful resettlement back into our communities. There are also other concerns many prisoners have with regard to the senior management team here. Following a recent increase in contraband being seized, the governors have called a prison-wide meeting to inform prisoners that ALL ROTL would be suspended over the Bank Holiday weekend unless the names of those responsible for the contraband are provided to staff. Not only did this massively increase tension in the prison but was also irresponsible and dangerous. We have also been notified that if incidents of contraband smuggling do not decline, all RDRs (day release) will be restricted/or done with escorting staff as a result.
Without regret - Owen Davies tells the story of Chopper Read the notorious Australian criminal ................................ 22
Education ....................................... 28-31
What the governors fail to understand is that it is not prisoners on ROTL bringing the contraband in, in fact it is as a result of the huge reduction in ROTLs that has increased the need for contraband as people feel they have worked hard to get to D-cat and then find no reward or prospects. My questions are: • Has the new ROTL PSI hugely reduced ROTL in all other establishments as the governors here have stated? • Can the governor implement all ROTLs to be escorted regardless of ROTL status? • Can NOMS tell me when the next inspection of this prison is due? Editorial note: This letter has been sent to NOMS for comment.
Perhaps now that prisons have been legally judged to be public spaces the laws will apply in exactly the same way as a public space in the community. If the prison system wants us to live by the rules and laws of society then that must come at a cost, they cannot simply pick and choose what laws they obey. It is about time we closed down some of these prisons that operate in breach of public law.
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Drink and Drugs ............................. 32-33 Art ....................................................... 34 Terry Waite Writes ............................. 36 Ombudsman ..................................... 37 The Rule Book ................................... 38 Legal .............................................. 39-41 Legal Q&A ..................................... 42-43 Reading Groups ................................... 44 Wellbeing .......................................... 45 Inside Poetry .................................. 46-47 Jailbreak ........................................ 48-51 National Prison Radio ......................... 52 If you would like to contribute to Mailbag, please send your letters (concise and clearly marked) to ‘Mailbag’, Inside Time, Botley Mills, Botley, Southampton, Hampshire SO30 2GB. Please note letters for publication may be edited.
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Mailbag
‘Natural causes’ on death certificate
Degrading and inhumane treatment of prisoners
..................................................... TJ WALKER - HMP NOTTS What follows is a theory based on my personal observations. I continue to see officers on the wing standing around discussing sports results or which pub they will be going to at the shift end whilst prisoners locked in their cells have pressed emergency cell bells and may be in genuine distress or medical difficulty. The emergency cell bells are, on the whole, ignored or treated as though answering them are a chore for staff. I understand that the bells are pressed a lot and mostly not for anything urgent, but that is because budget cuts and staff shortages mean 23 hour a day lock up for most, so that even getting something basic means prisoners need to press the bells. But what if the bell signals a genuine emergency? Sometimes staff leave the bells for over an hour before they amble up the stairs to answer them, and this cannot be right. We have recently seen an advertising campaign on our TV screens about strokes F.A.S.T (Face, Arms, Speech, Time) - which explains how time is of the essence when someone has a stroke. If you had a stroke in your cell here and managed to press your cell bell you would have no chance of getting anyone to move FAST. Such examples of negligence has led to rumours that the MoJ have found an ingenious way of reducing the surplus prison population. Are prisoners just being left to die in their cells on purpose? In the case of stroke or heart attack the prisoner is almost guaranteed to be dead before the bell is answered. Of course, in these cases, the Coroner will mark the death as ‘natural causes’. They never call fellow prisoners to give evidence of what led up to the death by ‘natural causes’, its just case closed. In these circumstances and in my opinion this is an act of involuntary manslaughter. It sounds rather far-fetched, I agree, but it is really negligence, incompetence, dereliction of duty and gross misconduct. Prison officers have a duty of care, we are meant to finish our sentences safe and alive at the very least. If HMPS are killing us off and Coroners are putting ‘natural causes’ on death certificates then who is fighting our corner?
Insidetime November 2015 www.insidetime.org
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..................................................... A HUSSAIN - HMP/YOI MOORLAND I was shocked to hear the view of our Foreign Office about a British gentleman who was caught in Saudi Arabia with bottles of homemade wine in his vehicle and sentenced to imprisonment and lashes. Our Foreign Office stated ‘We condemn the use of degrading and inhumane treatment of prisoners’.
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EU referendum vote for prisoners?
....................................................... NAME WITHHELD - HMP GARTH I am wondering if there are any legal minds out there who may be able to answer my questions. I’ve heard that prisoners will not be able to vote in the referendum on in/out of Europe and would like to know if this is true? If it is true then I would like to know whether I can legally challenge this? The EU referendum is not like a General Election, which we get every 5 years, this is a once-in-a-lifetime vote and prisoners, as citizens when released, will have to live with the consequences. It will affect us all so we should be allowed to vote. Elkan Abrahamson Jackson Canter Solicitors
Writes
The short answer I’m afraid is that prisoners won’t be allowed to vote in the referendum. The long answer is as follows: 1. The eligibility to vote in the referendum is not yet settled. The current proposals are contained in the European Union Referendum Bill. This is not yet law but will of course soon become law - it is currently in the House of Lords, where it had its second reading on 13th October. Section 2 of the bill, ‘Entitlement to vote in the European Union Referendum ‘ says: ‘Those entitled to vote are…those who on the date of the referendum would be entitled to vote as electors at a parliamentary election in any constituency’ . There are then
We are local to: HMYOI AYLESBURY & HMPs BULLINGDON, GRENDON, WOODHILL, READING and SPRINGHILL but Pickup & Scott Solicitors also cover many other prisons.
some additions (e.g. members of the House of Lords) but no reference to prisoners. 2. The Government response to the Hirst v UK case (and others) in which the European Court of Human Rights declared the current eligibility system unlawful has been appalling and cowardly - successive buck passing from one government to another. There is now a Bill before Parliament, due for its second reading in the House of Commons on 30th October. That Bill in effect retains the current position. I.e. that prisoners while in custody can’t vote. It also disqualifies prisoners serving a custodial sentence but on temporary release from prison. It is a private members Bill which means it may not get anywhere. 3. Successive challenges to the current position have failed in the U.K. Courts. 4. It might be possible to make an application to the European Court of Human Rights and to ask them to request the UK Government to suspend the referendum process while the application is pending. I suspect that either the ECHR would refuse to make such a request (for political reasons- i.e. they are scared of a stand-off with the U.K.) or the UK would ignore any such request. As far as enforcing Hirst is concerned, the Committee of Ministers has repeatedly expressed concern that the UK is ignoring the Judgments but has failed to do anything about it. We have been asking the Committee repeatedly to refer the matter back to the Court but they too it seems are scared of a confrontation. Newsround page 12
Perhaps someone should inform the Foreign Office about the IPP sentence in this country. The sentence was scrapped in December 2012 and labelled ‘degrading’ & ‘inhumane’, yet myself and hundreds of others are still being treated in this manner as our sentences have not been changed. To highlight the absolute desperation that IPP prisoners like me feel, I would gladly receive 1 to 200 lashes and be given a definite release date, as I feel the IPP sentence is like being mentally lashed every day. And I am confident that many IPPs would agree. A wise man once said when you point a finger at someone you also have three fingers pointed towards yourself. We need to fix our problems instead of telling other countries what we think is right or wrong. Being British national IPP prisoners we are treated worse than foreign national IPPs, where on their first parole date or tariff expiry they are immediately released by being deported with no license conditions. A very simple solution would be to change all current IPP sentences to EPP, where a date is given for release and even a GPS tag is fitted on release. It is time our Ministers did some thinking about the anguish, pain and uncertainty that British IPP prisoners and their families are being put through. If our sentence had been one of capital punishment, would the authorities still continue executing us when the actual sentence was abolished? I think not. So why are they subjecting us to this draconian sentence whilst pointing the finger at other countries?
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How much more?
..................................................... NAME WITHHELD HMP FRANKLAND I feel compelled to write this letter as a serving IPP. I read your paper every month and all I read about are IPP prisoners complaining about courses, tariffs, conditions, etc. but nothing ever seems to get done about it. I was given a 4 year tariff in 2005, and to this day I still cannot see any light at the end of the tunnel. The IPP sentence was abolished in 2012, but still many thousands of us, over tariff, still rot in these unfit jails, whilst the government focuses on covering up historic sex crimes by their peers, or how many migrants they can get away with not taking. They care less about the forgotten prisoners who have served their time and much, much more. How much more do IPP prisoners have to take before they see the only way to bring attention to our plight is to riot, hunger-strike or, even worse, take their own lives because they see no hope. Surely there must be some way IPP prisoners can challenge this sentence? How much more will we have to take before the government start to listen and help us? It is not only us serving this sentence but our families as well. They say that our prisons are overcrowded, they need to save money and make spaces, well they could start by releasing those who have served the tariff decreed by the courts for their crimes. Somebody should be helping us.
SCC
Mailbag
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Insidetime November 2015 www.insidetime.org
Charlie Bronson: ‘Time to give him a chance’
...................................................................................................... ROY FROST - HMP LEWES After reading the mailbags by Mr Barlow and Mr Woodfields concerning Charles Bronson/ Salvador (October issue) I thought I would comment. I was a boxing promotor for a while and after meeting Charlie’s younger brother, Mark, I agreed to back the Peterson Charity (Charlie’s proceeds from books and artwork all go to charities for sick children or homeless veterans) by having a mid-show auction of some of Charlie’s framed cartoons for them. We sold the cartoons for several thousand pounds and Charlie insisted that ALL the proceeds should go to a young blind boy. I spoke to Charlie regularly on the phone and I can assure your readers that whatever sentence he is doing (and I imagine it is the 2-strike life as opposed to IPP), he has certainly changed. He has calmed down a lot but realises his historical mistakes and is a changed man. It is about time he was given a clean slate and a chance to prove he is no longer a ‘danger’ to anyone. And isn’t serving your time all about trying to change your behaviour? Why should he be denied the chance of progression when so many others get it? Are we going to keep him in forever because of his history? If that is the case then none of us are redeemable and there can be no such thing as rehabilitation so we might as well all just give up. Charlie is an old man now and I for one think it is time to give him a chance. Everyone can change.
In-cell work
..................................................... CHRIS MURPHY - HMP GARTH As almost every prisoner in this country is now banged up for a minimum of 12 hours a day, why is there not more in-cell work? I’m sure that, like me, a lot of prisoners would jump at the chance to increase our weekly ‘wage’. There are plenty of monotonous jobs out there that have to be done by somebody, and prisoners could be doing them in their cells. The result would be a half-decent wage for prisoners and companies saving money. This would potentially give prisoners a chance to save some money for release and may also give prisoners some skills needed to get a job on release.
‘HMP Winchester should be condemned’
..................................................... MARK FOSH - HMP WINCHESTER I am currently a prisoner at HMP Winchester and have been here for three months. I am appalled at the condition of this prison. Within two weeks of being here I caught a skin infection which grew to the size of an apple and I could not see a doctor for three weeks. The condition of the cells are what you might see in a prison in a third-world country. Some cells are rat infested. Some of us don’t see the showers or exercise yards for days or even weeks. Cells on the 4s landing are extremely dangerous due to bits falling off the ceilings. And talking to staff about it is like talking to a brick. This jail is a disgrace. HMP Winchester should be condemned.
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Transported like cattle
................................................... ROY BARCLAY - HMP/YOI CHELMSFORD My first experience of prison ‘transport’ on conviction was to travel in what prisoners call a ‘sweatbox’. Acquaintance with such a vehicle reinforces the fact that, as a ‘con’, one is a very lowly member of society. The one-sizefits-all moulded plastic seat squeezes in my mere 60kg frame so I shudder at the discomfort imposed on many cons who are twice the size of me. Plus, where are the seatbelts, otherwise mandatory on other forms of passenger vehicle? Sweatboxes appear specifically designed in order to freight Category A and the most dangerous of prisoners, so why are they employed as cattle trucks for us lower risk cons? I would ask any fair-minded citizen to cramp themselves inside one of these meat wagons and not conclude that whoever designed them took their lead from the fabrication of cattle trucks. The irony being that if livestock were being transported in the same way that Serco & Group 4 treat us human beings then those involved with animal rights would be handing out petitions and doing their best to expose such cruel practise. At least if a livestock transport were involved in an accident there is an ample exit ramp in order to offload the cargo - prison sweatboxes are equipped with tiny rooftop hatches that Harry Houdini himself would have struggled to escape from! How does this mode of transport reflect on governmental and general attitude to those who find themselves suffering the designed-in deliberate discomfort of the sweatbox? The conclusion has to be that our rights are less than livestock truly we are but living scum.
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A level playing field
BBC news and snigger when asked about this act?
In the Daily Mail today the lead story concerned the fact that several members of Parliament are up in arms about the vilification that members of their elite club are suffering regarding unsupported claims of historic child abuse, and how much it is upsetting both the accused and their families. They claim that these accusations are upsetting their children and that the accusers have no concern about the effects of their campaign on real people. Are we then to assume that members of the establishment do not consider the general public to be real people? Or do they think that they are above the laws of this country?
He claims that he will not sue over this allegation because ‘I’m too busy running the country’. I’m not running any country and I have very little money and no profile on the world stage, but I can tell you that if someone wrote a book accusing me of such crimes in print I would move heaven and earth in order to prove the allegations untrue and make them retract.
....................................................................................................... CHRIS MORGANS - HMP LITTLEHEY
Members of the establishment should remember that some of them were instrumental in bringing in the Sex Act 2003, and included in this legislation is the statement that an accusation is all the proof that is required to take a case to court. This means, in real terms, that anyone at any time can be accused of the most nebulous of accusations and that the prosecution does not have to PROVE their case, YOU have to prove that you are innocent. And as we know it is almost impossible to prove a negative. Just saying you did not do it is not enough for most of us, but if you are one of this country’s elected elite then the police and CPS are just supposed to take your word for it? Let us be absolutely clear, any crime that has a sexual element is now construed as a ‘sex crime’ and therefore flouts the usual statute of limitations inherent in our legal system. It is not unusual for accusations to be made that involve a 20, 30, 40 or even 50 year delay in reporting. And each and every one of these accusations is investigated using today’s standards and laws, ignoring that ‘the past is a different country and they do things differently there’, as a great man once said. Do not get me wrong, if a crime has been committed, properly investigated and tried in court then the guilty party should be punished. However, if they are blind, crippled, or sick with terminal disease then perhaps the milk of human kindness should be applied. Every day we hear of the likes of Jimmy Savile, Cyril Smith and others, but let me remind everyone that until a charge is brought before a court of law and decided on in the proper legal manner, no guilty definition can be made. This takes us back to the rule of law that EVERYONE is considered innocent until proven guilty beyond all reasonable doubt and not on the balance of probabilities as so often happens with sex offences. Wouldn’t it be nice if just sometimes we were all allowed on a level playing field? Let us have the names of both protagonists kept confidential until after the verdict, and if one side has made spurious accusations about the other then when they are proved to be lying let them have the same sentence that the other would have endured.
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Flogging a dead pig?
..................................................... NAME WITHHELD - HMP WAKEFIELD I have been reading in the papers lately that our Prime Minister, the man who represents this country to the rest of the world, has been accused of placing a certain part of his anatomy inside the mouth of a dead pig. This has been alleged in a book by one of his former friends who also claims that a photograph of this momentous event is in existence (though, I suspect that if such evidence exists there will be teams of civil servants looking to ensure it exists no longer). This begs the question that if a crime has been alleged, exactly which police force are investigating the allegation? Bestiality, even with a dead animal, is a criminal offence. As I write this letter there are men around me in this prison serving sentences for the likes of bestiality and necrophilia. All of these prison sentences started with an allegation, so why is David Cameron allowed to go on Sky and
Of course, it could be all lies and sour grapes by a bloke who gave the Tory party over £8 million and didn’t get the job he wanted. But, at the very least, you would expect even a cursory investigation of an alleged crime. After all, people are being arrested, tried and jailed every single day just on the allegations of anonymous people who say they were touched inappropriately 4 decades ago and the police and CPS and government have no problem with that. This is one more case of double-standards that brings the reputation of this country and the politicians who run it into disrepute. No wonder so many young people are finding Jeremy Corbin a breath of fresh air.
..................................................... NAME WITHHELD - HMP PARC n It would appear that it has been alleged, in print for everyone to see, that our Prime Minister carried out an offence with a dead pig - contrary to the Sexual Offences Act 1967, Section 7. According to the accuser there exists photographic evidence of this criminal act. Can we expect an arrest any time soon or will this be another cover up?
Preventation is always better than cure however it seems even harder to apply the sentiment when you’re in prison. The reported cases of clinical and dental negligence during confinement is on the increase. Whether it is due to a lack of resources or inept practitioning there is no excuse if your health has suffered physically or mentally, as a result you could be due 1000’s of pounds in compensation. Negligence may not just affect you now it could have painful or expensive repercussions far into the future which is why you need expert, experienced advice to secure the compensation which is due to YOU. As one of the countries leading personal injury lawyers Michael Jefferies have been successfully representing prisoners in cases of clinical and dental negligence for many years. We have won compensation from 100’s to 1000’s of pounds all on a NO WIN NO FEE basis. If you feel you’ve been badly treated, misdiagnosed or kept waiting for an unacceptable amount of time contact us now and we will get the compensation you deserve.
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Mailbag
If you would like to contribute to Mailbag, please send your letters (including your name, number and prison) to ‘Mailbag’, Inside Time, Botley Mills, Botley, Southampton, Hampshire SO30 2GB.
Staff using offensive language
‘Why such a backlog of parole hearings?’
I would like to point out that PSI 06/2010 (Conduct & Discipline) Annex A details examples of staff misconduct in relation to others at the workplace, which includes, but is not limited to -
As an IPP prisoner, 9 years over tariff, I would like an answer as to why there is such a backlog in our parole hearings? And why are license recalls being allowed to jump the queue? They’ve had their chance so put them to the back of the queue and give us our FIRST chance. Newsround page 11
..................................................... BILAL ZAHEER AHMED HMP WAKEFIELD
Why can’t we use our time wisely?
........................................................................................................ JR - HMP ISLE OF WIGHT Since coming into custody I am continually told that I am here to be rehabilitated and that I must spend my time in a constructive and productive manner. I work full-time and attend education courses. I have also applied for distance learning courses. But due to the ever-increasing staff shortages the amount of time banged up in my cell continues to grow so I look for other ways to fill my time. It would appear that whilst the Prison Service is happy for me to stare aimlessly at a television for hours, or for me to spend money on a games console that will rot my brain night after night, they are not happy for me to spend my time building Airfix models as a hobby. I started looking into this a few months ago and found a solvent and toxic-free glue from an approved supplier. The paints used to paint the completed models are water-based, so that removes any issue of misuse of these substances. So I fail to see what the problem is with me spending my own money on plastic model kits that would help me spend my time in a constructive manner and give me an end result. I would like to know if anyone else has faced this problem and I would also be interested to know why NOMS think it is ok for games consoles to be on the facilities list but not plastic model-making. Editorial note: This letter has been sent to NOMS for comment.
Why is tobacco so expensive in prison?
...................................................................................................... W GORRINGE - HMP HULL I wonder if anyone can help me out with information as regards tobacco price rises. I am fully aware that the government increase the tax on tobacco products, usually at least once a year, but can anyone tell me why smokers in prison get a further two price increases per year? 1oz of Amber Leaf tobacco has increased by 26p already this year, yet when I speak to people on the outside who smoke the same product they say that there has been no price increase. We get an increase in April, another in August and then, to add insult to injury, we get another price increase 3 weeks before Christmas. I ask this question every year and I always get the old chestnut about ‘change of suppliers’. Can you, for once and for all, get a definitive answer about this from NOMS. NOMS claim they do not put up the prices or earn anything from our canteen spends so I would like this in writing, in Inside Time so that everyone can see, to confirm that price rises on our canteen goods, including tobacco are not lining the pockets of NOMS? Editorial note: This letter has been sent to NOMS for comment
Parole Board Hearing? IPP, Lifer, Standard, Licence Recalls. Independent Adjudication? Sentence Wrongly Calculated? Oral Hearing? - Tariff Reduction? Appeal against Sentence or Conviction? Second Appeal through the CCRC? The above issues are still covered under Legal Aid! So if you need help get it from dedicated London based Prison Lawyers, helping prisoners fight for their rights throughout England and Wales.
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• Deliberate provocation of a prisoner; • Offensive language or aggressive behaviour towards prisoners, colleagues or members of the public; • Any harassment or discrimination. Therefore if any prisoner or visitor witnesses a prison officer using any swear words whatsoever within earshot or to anyone, even if in a harmless context and tone, then I urge you to take note of the time, date, location, officer’s epaulette number and details of any witnesses and report them to the governor of the establishment for using offensive language contrary to PSI 06/2010 Annex A. If you are not satisfied with the response (i.e. it is dismissive), then I urge you to refer the matter to the Prisons & Probation Ombudsman. If the Ombudsman does not uphold your complaint, then I urge you to forward it to your Member of Parliament and request that they refer it to the Parliamentary and Health Service Ombudsman. A repeat of general misconduct during a review period will amount to serious misconduct, allowing the member of staff to be dismissed following a disciplinary hearing. There are rules for a reason and if we can lose time for offensive language then staff should not be able to get away with it either.
D AV I E S & J O N E S
..................................................... A FRUSTRATED IPP PRISONER - HMP LOW NEWTON
Compulsory blood samples
..................................................... RAY - HMP WAKEFIELD I have never taken drugs in my life and would like the chance to prove that I am innocent. A lot of prisoners, myself included, feel that we are hard done-by due to the rules around MDT (Mandatory Drug Testing) when failing to provide a sample for MDT we immediately lose our IEP status and are put on Basic. Sometimes not being able to provide a sample is out of our control yet we are still punished. I can drink 6-8 pints before needing a leak, yet the rules say we are allowed a third of a pint of water every hour for 5 hours if we have trouble providing a sample. I served in the army for many years and gave urine samples all over the world and they were backed up with a blood sample so there could be no doubt about guilt or innocence. At my adjudication I offered the governor a blood sample but he said that the MDT staff are not trained or qualified to take blood samples and that it ‘costs too much’. I feel that the system fails to reduce drugtaking in prisons anyway, but making a blood sample compulsory after a urine sample failure would help those who do not take drugs but cannot supply a sample.
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Mailbag
Why can’t I have my watch?
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..................................................................................................... MARK DOWNES - HMP WANDSWORTH
I was told that if I wanted a watch then I could buy one from the canteen. Why should I have to pay £30 for a watch from the canteen when I have a perfectly good watch sitting in my stored property? I only bought my watch one month before coming to prison as I need the alarm facility because I have to take various medication at different times of day. I have put in an app and it should be quite simple to check if the watch has any illegal items on it. It is a Casio with 4 alarms and charges itself from natural light. Anyone can see from even a cursory glance that it is not a phone and does not have a camera, etc. Why do prison authorities make every simple little thing so complicated? It does not take a rocket scientist to examine a watch for contraband. Editorial note: This letter has been sent to NOMS for comment.
..................................................... NAME SUPPLIED HMP CHANNINGS WOOD Section 7 (4) Prison Act 1952 states ‘The Chaplain and any assistant Chaplains shall be clergymen of the Church of England.’ This refers to the Prison Staff Chaplain, that is to say the paid Staff Chaplain. I was very concerned that the Assistant Chaplain at this prison is not a clergyman of the Church of England and therefore made a request to the Ministry of Justice under the Freedom of Information Act. The MoJ reply states: ‘As at 31 March 2015 there were 240 Chaplains and Assistant Chaplains employed by NOMS who were not recorded as Anglican’. So, prison governors and NOMS appear happy to break the law whenever they feel like it whilst telling us prisoners that we are ‘offenders’. Is this a case of do as I say not as I do?
Writes MICHELLE CRERAR - CHAPLAINCY HQ, NOMS As the letter says, the Prison Act 1952 states
that all prisons must have a Chaplain, and that the Chaplain and any assistant Chaplain be from the Church of England. All prisons, except where there is a vacancy, will have a Church of England Chaplain. The Service no longer appoints Assistant Chaplains, and I am sorry the answer to the Freedom of Information Act (FOI) request did not make this clear. When the Act was passed in 1952, it very much reflected the religious and cultural context of its time. However the Act also (at section 10) allows for the appointment of ministers from other traditions where the numbers of prisoners from those traditions require this. In the years since 1952, the prison population, as with society more widely, has become much more diverse, culturally and religiously, and, using both sections of the Act, HMPS has sought to meet fairly the religious and pastoral needs of prisoners across the faith traditions (in keeping too with Equality legislation). The 240 Chaplains referred to in the response to the FOI request will have been appointed under section 10 of the Act. (Many years ago it was agreed with NOMS Faith Advisers to use the title Chaplain (rather than Minister) as this has particular meaning in the institutional context.) As readers will know, all prisons now have multifaith chaplaincy teams to enable and facilitate religious practice and to help provide support to prisoners of all faiths and none, during their time in custody.
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Freezing in Whitemoor
..................................................... DEB - JENGBA Just had a call from HMP Whitemoor. The guys are freezing in concrete cells with no heating and asking to be able to buy warm clothing from private cash or have it sent in. They also need basic things such as blankets and towels. At present only allowed to buy from ‘spend’ money which is @£25 pw and that is needed for food. We are looking at one of the coldest winters coming up and these inhumane ridiculous rules are going to result in illness and deaths. Editorial note: This message was posted on Twitter by Deb who works at JENGBA (Joint Enterprise: Not Guilty by Association)
I am writing about the farcical situation for friends and families of prisoners who send money in to Highdown prison. It is hard enough for our loved ones to cope with us being in prison, but when they send us a bit of cash, to use for phone calls, toiletries, etc., they have to pay an additional charge of 10% to the Post Office (now a private company) in postal order charges. You cannot get a postal order without paying over the odds. I have worked out that there are around 1000 prisoners in HMP Highdown at any one time and if you use an average of £100 sent to those prisoners per year, then that’s over £10,000 per year paid by our families to the post office as fees. The problem is that there are so many dishonest people working in the prison system that sending cash in an ordinary letter is not viable as it tends to ‘disappear’. Which is why the prison tells us to use postal orders or registered mail (at over £7 per go). It is about time we had a more efficient system implemented so that our families do not have to pay for our indiscretions. Surely there must be a cheaper alternative?
Members of Parliament guilty of joint enterprise murder?
..................................................................................................... MATT - HMP SWALESIDE I write with regard to the law of joint enterprise murder. The jail in which I am held is full of men serving a sentence of life imprisonment for crimes, however tragic, of which many had only the loosest of connections and, in some cases, no knowledge or foresight whatsoever. As I understand it, a man may be convicted of murder if it is considered that he had foresight of the intent to commit said crime. Therefore, a man stopping his car to give a lift to a group of friends on their way to a pizza parlour, where a murder is subsequently committed, may be convicted of murder if the Crown assert that the crime was discussed in the vehicle in the time between stopping to pick up his friends and subsequently dropping them off. Regardless of my own views on joint enterprise law, does it not follow that if the 2003 invasion of Iraq is considered to be unlawful in the upcoming Chilcot Report then each and every Member of Parliament who voted in favour of the invasion could, themselves, be charged by the Crown Prosecution Service with joint enterprise murder? The law seems very clear but I would welcome considered professional opinion.
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..................................................... DAVID GALE - HMP HIGHDOWN
I came into HMP Wandsworth about 3 months ago and was asked to take my watch off whilst I had a strip-search. Then I was taken to see the nurse but at that time all I was thinking about was my watch as it had been left on a counter. I went back to sign for my property and asked where my watch was and I was told that it was in my stored property bag. It turns out I could not have it in possession because of their policy on digital watches, as they cannot tell if it contains a phone, has a camera or digital storage!
Double standards
Insidetime November 2015 www.insidetime.org
If you would like to contribute to Mailbag, please send your letters (including your name, number and prison) to ‘Mailbag’, Inside Time, Botley Mills, Botley, Southampton, Hampshire SO30 2GB.
>> Registered with EMAP<<
To be a winner just send your request, with a short message (20 words max please), and the full delivery address (incl postcode). Hurry, the closing date is 5th December. Please note it will be necessary for us to obtain confirmation that the person you nominate is approved to receive mail from you so please include your full details and send your entry to: Inside Time “GIFT ” Botley Mills, Botley, Southampton SO30 2GB
Insidetime November 2015 www.insidetime.org
If you would like to contribute to Mailbag, please send your letters (including your name, number and prison) to ‘Mailbag’, Inside Time, Botley Mills, Botley, Southampton, Hampshire SO30 2GB.
Unsure if it was ‘natural causes’
....................................................................................................... JODIE PAYNE - HMP BRONZEFIELD Myself and my husband handed ourselves in to the police on 10th of August and after court we were both remanded into custody. I was sent to HMP Bronzefield and my husband was remanded to HMP Winchester. My husband was a drinker and we both smoked light and dark. We had been smoking for 4 months prior to being remanded. On remand I was put on 30ml of methadone and my husband wrote to me saying he had been put on 20ml of methadone in HMP Winchester. They gave him nothing for his alcohol problem and he wrote telling me he felt like he was dying. On the 17th of August I was unlocked and taken to the wing office where the chaplain told me my husband had been found dead in his cell that morning. As you can imagine I was distraught and totally devastated. They said there was no signs of foul play or of an overdose and that it looked like natural causes. My husband was just 40 years old and I’m sure he was not put on any medication to help his alcohol detox, so I’m not sure his death was from ‘natural causes’. To add to the pain of the loss of my husband, HMP Winchester have sent me his belongings which included one of his rings and his clothing, but his wedding ring was missing, as was a letter he received from me. I have checked with the funeral parlour and they say his wedding ring did not leave the prison with him. This is disgusting!
Male and female equality in sentencing
........................................................................................................ SCOTT - HMP WAKEFIELD I am writing to comment on a matter that I am sure is close to most prisoner’s hearts - equal sentencing for both male and female criminals. I was brought up with the idea that women are the fairer sex, you should never raise your hand to a woman and that they should be treated differently to men. But then women are kicking off about wanting to be treated the same as men, do the same jobs, be as violent if they want to, go out binge drinking and commit crimes just like men. However, why is it that when women commit horrific crimes they only seem to get half the sentence that a male offender would get? Let me bring to your attention 2 recent examples; an Asian woman in Scotland killed her little son and dumped his body in the woods, recently in the news. She was given 8 years with the mitigation that she was ‘depressed’. Also, the young girl who stabbed her own mother 120 times in an IS-inspired hate crime - she got 9 years! Apparently it wasn’t her fault as her boyfriend ‘influenced’ her!
Mailbag
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Moral censorship
..................................................... JAMIE STARBUCK - HMP LONG LARTIN I feel compelled to write in response to the mailbag by Peter Oates of HMP Hull (‘Prison hanging book morally offensive’ - October issue). What right does this man have to try and censor what a fellow prisoner may or may not read? Are there any other books or perhaps entire subjects that he thinks should be banned for prisoners? I work in the library and I am well aware of the list of books we are not allowed to have or read. Some of the bans seem arbitrary, though others I might agree with. But I would never presume to say, one way or the other, what books should be on that list. That’s what the people who wear the uniforms are for, it is not our job to impose our views on other prisoners. Yes, we do have a certain duty of care to each other, but how far should we go? If a crying prisoner presents himself to me and asks for a book on woodwork, do I refuse him based on the possibility that he’s depressed and wants instructions on how to build a gallows? Of course not, I ask him how he is and try to help. No amount of censorship or book banning can change people’s state of mind.
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Wedding bells ... finally!
..................................................... DAVE E FERGUSON - HMP WAKEFIELD Thank you for printing my letter regarding the obstructions my fiancé and I endured in getting the prison to sanction our wedding in your August issued. Carol and I are pleased to let your readership know that our wedding was sanctioned for the 24th of August and I would like to say thank you to both my personal officer and OMU supervisor who fought tooth and nail to help us get our wedding cleared. It’s just a shame that those at HMP Wakefield who should have done their job in the first place, didn’t. It would have avoided a lot of stress for my fiancé and I at a time when we should have been arranging the most special day of our lives. Editorial note: Inside Time sends you both our congratulations and all good wishes for the future.
As a male I received a 9 year sentence for a crime that is not even in the same league as those above. If women want to be equal to men then they should receive the same punishment when they commit serious crimes, and the Criminal Justice System should be treating everyone equally.
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Following the successful pilot of the unique e-cigarette design, E-Burn at Guernsey Prison, E-Burn has now been approved from a health perspective by NOMS/HMPS and is expected to be included in the roll out in prisons in England and Wales later this year. There are also plans to make E-Burn available in NHS Mental Health Units once confirmation of the final approval is received. This exciting new product, having been designed by a former prison officer is providing answers to the concerns of security staff. It provides an alternative to tobacco when the various smoking bans come into force and has unique security features.
Darren Hayley, the designer of E-Burn is himself a non smoker and having lost close relatives to smoking related diseases is keen to help others quit. He told Inside Time “Of course it is better that people don’t smoke at all. It is a difficult habit to break and if they need the help of e-cigs or want to continue Nicotine use, according to Public Health England e-cigs are a 95% safer alternative to tobacco smoking.” Recognising this and knowing the potential risks of anything being misused in these secure environments was the reason he set about designing a more suitable product. Other aids are available for people wishing to kick the habit or cut down but for many they have proved to be unsuccessful, possibly because they do not mimic the action of smoking which is an equally difficult habit to break. E-Burn has attained the Industry Standard of Excellence from the Electronic Cigarette Industry Trade Association (ECITA) and in spite of the additional security features incorporated in the design, they are to be competitively priced at £3.60 each. Unlike similar products E-Burn is not produced by or associated with any of the cigarette/tobacco companies perhaps seeking to replace diminishing sales caused by smoking bans.
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Newsround
Insidetime November 2015 www.insidetime.org
THE INSPECTOR CALLS ... Nick Hardwick - HM Chief Inspector of Prisons Inside Time highlights areas of good and bad practice, along with a summary of prisoner survey responses at HMYOI Cookham Wood. This extract is taken from the most recent Report published by HM Inspectorate of Prisons. In this report, which the Howard League for Penal Reform described as ‘Shocking report highlights boys’ pain and misery’, Inspectors reported how 25% of staff were on detached duties from other prisons and many of these did not understand working in this type of establishment.
Young offender institution for boys aged 15 to 18 years CNA: 196 Population: 166 (May 2015) Unannounced Full Inspection: 5-15 May 2015 Published: 22nd September 2015 Last inspection: June 2014 SAFETY: Not sufficiently good RESPECT: Reasonably good PURPOSEFUL ACTIVITY: Not sufficiently good RESETTLEMENT: Reasonably good
‘Some improvements but concerns overall’
Prisoners Survey 24.4% Remand 24.2% Aged under 17 9.3% Been in local authority care 42% Under 14 when last at school 11% Lost property on arrival 67% Treated well in Reception 22% Boys on Basic IEP 61% Food is bad or very bad 73% Had an adjudication 44% Been physically restrained 62% Treated with respect by staff 41% Number who have felt unsafe 26% Victimised by staff 14% Easy to get drugs 16% Not engaged in any purposeful activities 26% Don’t receive visits
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Inspectors said; ‘Forty one per cent of boys told us they had felt unsafe in the establishment at some time compared with 27% at the last inspection … Boys also reported more negatively about relationships with staff than at the last inspection. In our survey 62% told us that staff treated them with respect compared with 86% at the last inspection’.
The report says; ‘Low-level poor behaviour was not promptly, consistently and decisively challenged and so it escalated; good behaviour was not effectively rewarded or publicly recognised and so there was little incentive to behave well … The adjudication system was in disarray. The number of adjudications had risen significantly and was used too often for low-level behaviour that should have been dealt with by residential staff on the spot on the units. As a consequence, at the time of the inspection there was a backlog of 200 adjudications waiting to be heard, some for serious offences. Many of these were unlikely to be heard and so there was no action taken to address the behaviour concerned.’ Boys had much too little time out of their cells. Staff shortages meant the establishment was running a restricted regime and evening and week-end association was only offered in rotation. Boys who were attending all their scheduled activities could have nine hours out of their cell on week days, while boys with no activity just two hours. Inspectors found 36% of boys in their cells during the core day. Outdoor exercise was limited to 30 minutes a day and gym access had been reduced. In summing up, Nick Hardwick says; ‘Cookham Wood reflects the systemic problems we have identified across the YOI estate. The welcome fall in the number of chil-
In the six months to March 2015 there had been 61 assaults and 92 fights; ‘Some of
Head doing you in? Stressed out? Can’t sleep?
Write to The Prison Phoenix Trust P.O.Box 328, Oxford, OX2 7HF. We’d love to hear from you anytime and have several free books, which could help you build and maintain a daily practice.
Recently published HMCIP Reports Aylesbury - October 2015, Belmarsh - May 2015, Brinsford - July 2015, Bristol February 2015, Brixton - March 2015, Cookham Wood - September 2015, Deerbolt - May 2015, Dovegate (Training Prison) - May 2015, Dungavel IRC - July 2015, Foston Hall - February 2015, Guys Marsh - March 2015, Highdown - June 2015, Hull - March 2015, Isle of Wight - October 2015, Kirklevington Grange June 2015, Littlehey - July 2015, Lancaster Farms - September 2015, Long Lartin - March 2015, Low Newton - March 2015, Liverpool - October 2015, Manchester - May 2015, New Hall - October 2015, Nottingham - February 2015, Oakwood - February 2015, Pentonville _ June 2015, Stoke Heath - August 2015, Styal - March 2014, Swansea - February 2015, The Mount - August 2015, Wandsworth - July 2015, Wetherby - June 2015, Wetherby - Keppel Unit - August 2015, , , Copies of the most recent report for your prison are available in the library.
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THE PRISON PHOENIX TRUST
Simple yoga and meditation practice, working with silence and the breath, might just transform your life in more ways than you think ... Interested?
dren in custody means that those who remain represent a more concentrated mix of very challenging young people, held in a smaller number of establishments that are increasingly unsuitable to meet their needs, and cared for by a staff group beset by shortages and a lack of training for their complex and demanding role. This report makes recommendations about what Cookham Wood could and should do to improve, but a much wider political and policy response is needed if we are to fulfil our responsibilities to care for these, our most damaged children safely, and help them to grow into adults who are valued, not feared.’
Wrongly convicted of a crime?
pa Se ge e 45
HMYOI Cookham Wood
Force had been used against boys 400 times in six months, compared with 282 during the six months leading up to the last inspection. Staff used techniques to inflict pain, but not all of them were recorded. Three boys had required hospital treatment after being restrained. YOIs holding children are now inspected every year and in their last report Inspectors said that they were concerned about the levels of ‘use of force’ and, for this report, they say that although ‘significant concerns remained’ the staff were now being trained in new restraint measures detailed in ‘‘Minimising and Managing Physical Restraint (MMPR)’ manual.
these were very serious, involving attacks by multiple assailants on a single boy and the use of improvised weapons such as sharpened cutlery and solid items in socks’. Assaults on staff had doubled with 21 in the six month period.
What next?
The CCRC can look again If you think your conviction or sentence is wrong apply to the CCRC
• • •
It won’t cost anything Your sentence can’t be increased if you apply You don't need a lawyer to apply, but a good one can help You can get some more information and a copy of the CCRC's Easy Read application form by writing to us at 5 St Philip’s Place, Birmingham, B3 2PW. or calling 0121 233 1473
Prisoners in Scotland should contact; The Scottish Criminal Cases Review Commission, 5th Floor, Portland House, 17 Renfield Street, Glasgow, G2 5AH. Phone: 0141 270 7030 Email:
[email protected]
Newsround
Insidetime November 2015 www.insidetime.org
Prisons to get Prisoners paid greater independence thousands because from Whitehall of parole delays Michael Gove is to free prisons from Whitehall control in the biggest shake up of the penal system in a generation. The Justice Secretary will give Prison Governors new powers over budgets, education and even the perks offered to prisoners for good behaviour. Commenting on the proposals Professor David Wilson, criminologist and former prison governor told Inside Time: ‘I want prison governors to feel more empowered and Professor take more decisions. I David Wilson want them to act less like automatons who have to constantly look to their political masters before they make decisions and act on their understanding of what is happening in the jails. Frankly I want them to be governors again, rather than the ‘managers’ they have become.’
The things people say…
Prisoners are being paid tens of thousands of pounds in compensation because their human rights have been breached by delays in hearings over their release date.
Sir David, a former High Court Judge and Director of Public Prosecutions said that he had been in post for only a year when the Supreme Court made its ruling in October 2013. He has extended his tenure until the end of the year.
The Clink at Cardiff Prison is named in top 10 best-rated restaurants in the UK The Clink at HMP Cardiff has been named in the UK’s 10 Best-Rated Restaurants by the 2015 Travellers’ Choice Restaurants Awards announced by TripAdvisor. The awards honour travellers’ favourite fine-dining establishments worldwide based on the millions of reviews and opinions on the site. As well as the rave reviews The Clink, which opened to the public in September 2012, has also been credited with helping slash rates of reoffending. Latest figures show it has reduced the re-offending rate of released prisoners who worked there to 12.5%. Around 30 prisoners from HMP Cardiff and HMP Prescoed work a 40-hour week either in the kitchen or restaurant before returning to the prison at the end of each working day. Reacting to the Award win Chris Moore, Chief Executive of The Clink Charity, said: “A big thank you to everyone who has left such kind comments on our TripAdvisor page - we’ll continue to impress our customers and will display this award proudly in the Restaurant.”
Cameron throws weight behind Gove’s reforms Prime Minister David Cameron, speaking at the Conservative Party Conference, threw his weight behind Michael Gove’s planned reforms to introduce greater use of electronic tags and more rewards for prisoners who attend education classes. ‘Half of criminals offend within a year of being released’ he said, ‘nearly half go into prison with no qualifications, many come out with none either’.
William Wilberforce, the most famous abolitionist MP, whose campaigning led to the passing of both Acts, has been claimed by modern Conservatives as one of their own, although he actually entered parliament as an Independent and left as an Independent in 1826.
Children in factories
Apparently Conservatives also “stopped children working in factories”.
The Parole Board is struggling with a rising work-load because of a landmark court ruling that gave prisoners the right to an oral hearing over their release. Sir David Calvert-Smith, Chairman of the Board is reported as saying: ‘There is now a backlog of about 2,500 prisoners due to have a hearing, which were being processed at about 750 a month, with prisoners waiting up to six months’.
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Professor Emma Griffin from the University of East Anglia said Mr Osborne’s version of events was “not right at all… complete nonsense”.
“For it was Conservatives in previous governments that ended the slave trade, that stopped children working in factories and gave them universal education. They gave equal votes to women and equal rights to disabled people.”
She told Channel 4: “There were decades and decades of pieces of legislation passed by all sorts of different governments. And they didn’t ban children from working in factories. All the legislation did was to prevent really small children from working in factories.”
George Osborne speaking to delegates at the Conservatives’ Annual Conference in Manchester on 5th October 2015
The Education Act of 1870 (Liberals) established school boards to set up schools across the country. Ten years later another Liberal Education Act made school compulsory for five to 10-year-olds.
As well as unveiling new policies for the rest of this Parliament, the Chancellor took a moment to look back, saying the party should be proud of its reforming history - citing a list of achievements from the abolition of the slave trade to votes for women. The question is: Was it a useful lesson in political history - or an attempt to rewrite it?
Abolition of slavery
Mr Osborne said: “..it was Conservatives in previous governments that ended the slave trade…” The slave trade was outlawed in the British Empire in 1807, decades before the modern Conservative party was founded in the 1830s. The Slave Trade Act of 1807 was not passed by a Tory government. It was introduced by the Whig Foreign Secretary Charles James Fox and passed by a national unity government headed by Whig Prime Minister Lord Grenville. In 1833 legislation was passed that abolished slavery altogether in most British territories. Again, this happened under the auspices of a Whig government. There were certainly passionate abolitionists on both sides of the House of Commons, and the 1807 Act was passed by a massive 283 votes to 16.
Education
Conservatives freed children from the factories and “gave them universal education”, according to Mr Osborne. Child labour reform went hand in hand with reform of the education system in the 19th and 20th centuries, but again, progress was gradual and it’s hard to find one piece of law that suddenly provided universal education.
In 1902 the Conservatives under Balfour substantially expanded the education system, and in 1918 the Liberals raised the leaving age to 14. Again, there are dozens of small reforms over decades, carried out by all parties. Perhaps Mr Osborne is thinking of the 1944 Education Act, which guaranteed free universal education. This was sponsored by the Conservative President of the Board of Education Rab Butler, but passed by a coalition government.
Equal votes for women
Women aged 30 and over first got the vote in 1918, under a Liberal government. But it wasn’t until 1928 that women were granted equal voting rights by an act passed by the Conservatives.
Equal rights to disabled people The Disability Discrimination Act, passed by John Major’s Conservatives in 1995, made it unlawful to discriminate against people with disabilities.
It was the Conservatives who also introduced the Disability Living Allowance in 1992, although the Conservative-led coalition was criticized by some campaigners for making changes to disabled benefits in the last Parliament.
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Newsround
Insidetime November 2015 www.insidetime.org
Voting ban on prisoners convicted of serious crimes is lawful, EU court rules
© prisonimage.org
The European Court of Justice has ruled that it is lawful for countries such as Britain to impose a voting ban on prisoners convicted of ‘serious’ crimes. This first ruling by the most senior EU Court comes exactly 10 years after the separate European Court of Human Rights in Strasbourg ruled that a voting ban on a British prisoner, John Hirst, convicted of manslaughter, was unlawful. David Cameron renewed his refusal to comply with the original 2005 Strasbourg ruling that a blanket ban on all prisoners was unlawful. ‘I haven’t changed my view at all ... The British Parliament has spoken. So I’m content to leave it there.’ The House of Commons voted by 234 to 22 leaving more MPs (344) who didn’t vote!
Judges may quash Ched Evans’ conviction for rape
BIG THE
QUESTION
REPORT
This Report details the findings of the Big Question survey which was carried out by the Cilip Prison Libraries Group in 2014. The aim was to gather a clear picture of what is happening in prison libraries at a time of great change in both the prison estate and public libraries. This survey is the first comprehensive look at the function of prison libraries since 2003. At the time of the survey, libraries were working under Prison Service Instruction 45/2011 and the guidelines included within that. With the publication of PSI 2/2015, these guidelines have changed. The answers in this report are relevant to the earlier guidelines. Sue Wilkinson, Chairwoman of the Cilip Prison Libraries Group said: “I would like to thank all of the prison library staff right across the country who took time to complete the survey and have enabled us to produce an accurate picture of prison libraries today.”
REPORT FINDINGS l The Survey generated a response rate of 72%. It analyses the responses of 91 establishments of all types and category. l 73% of respondents were part way through the implementation of ‘New Ways of Working’ and this report demonstrates that it has had a profound effect on prison libraries. l There is an increasing reliance on civilian library staff for the supervision of offenders within the library. l 74 prisons are operating at a staffing level below that recommended in the PSI 45/2011, which was in force at the time of the survey. l More than half of prisons responding have a signed service level agreement between the prison and library service provider. l 84% of prison libraries deliver some activity in partnership with a third party organisation. These range from creative reading activities to job clubs and family learning groups. l Satisfaction levels for legal enquiries were generally good, with 67% of respondents always or often being able to provide information. l Half of the libraries responding are connected to their public library authority library management system, but 5 libraries are still reliant on a manual issue system. l 61 prisons have PCs in the library for offenders to use, and 13 have Virtual Campus PCs in the library.
To download the Report visit: www.cilip.org.uk/sites/default/files/documents/prlg_big_question_report_0.pdf
Prison smoking ban A phased plan to make jails in England and Wales smoke free will be underway when smoking is banned in all buildings at open prisons. Currently, smoking is allowed inside cells and exercise yards. If this strategy succeeds (an estimated 80% of prisoners are smokers) the government will extend a ban to all 136 prisons in England and Wales starting in January next year. Meanwhile, e-cigarettes are being introduced to ease the transition. The Prison Governor’s Association have welcomed ‘smoke free prisons’ for staff, prisoners and visitors. The introduction of e-cigarettes, the PGA say, will further support the ban on smoking. Meanwhile the EU have issued a regulation imposing a number of major restrictions on the sale and marketing of e-cigarettes.
Footballer Ched Evans’ conviction for raping a 19 year old woman will be re-examined by the Court of Appeal after new evidence emerged. The Criminal Cases Review Commission (CCRC) has referred the case to the Court of Appeal saying that the new information could have supported Evans’ defence and that there is a ‘real possibility that the Court of Appeal may now quash the conviction’. His attempts to join Oldham Athletic and train with Sheffield United were thwarted by public outcries. The appeal could be heard in January 2016.
Newsround
Insidetime November 2015 www.insidetime.org
Beyond the boundary
NEWS IN BRIEF
A charity cricket match between police and prisoners has been hailed a great success. The team of prisoners from HMP Hewell ultimately came out narrow victors over the Worcester Police Cricket team, but the game is being considered a big ‘win’ for everyone involved. The two teams had agreed a combined target of 200 runs before the match, to activate charitable donations. The prisoners asked for any
money raised from the ‘Beyond the Boundary’ event to go to the Lord Cobham trust, to help pay for a youth cricket programme in Redditch aimed at diverting young people away from crime. Although the police side racked up 195 in their 20 overs, the prison team reached their winning target of 196 with just one wicket, and nine balls, remaining.
Complaints against police hit 100 a day
Filth and overcrowding at ‘chaotic’ jail Cells at Liverpool jail were dirty and overcrowded, the exercise yard was strewn with litter and almost half of prisoners said it was easy to get hold of drugs, a snap inspection found. The daily regime at the prison, which has almost 1,200 prisoners, was “chaotic”, with 44 per cent locked in their cells throughout the working day. “Many cells were overcrowded, and had broken windows and insufficient or broken furniture. Prisoners had little access to cleaning materials,” it added. Nick Hardwick, the Chief Inspector of Prisons, said managers needed to get a grip on sorting out the mess.
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GeoAmey prison van worried motorists in Kent when it was spotted with its back door open. The Company said it takes security seriously.
The Independent Police Complaints Commission (IPCC) has reported that there were 37,105 complaints about police forces in England and Wales in 2014/15, the highest number since it began collating the data 15 years ago. Nearly 20 per cent of allegations related to ‘oppressive behaviour’ including 150 claims of sexual assault, 450 serious non-sexual assaults and 3,087 claims of harassment and unlawful or unnecessary arrest or detention. One in seven complaints alleged incivility or intolerance.
6,000 US prisoners to be released
The IPCC pointed out that only 14 per cent of allegations were upheld on investigation. Dame Anne Owers, IPCC Chairwoman, expressed concern that if IPCC handled a complaint, complainants were twice as likely to be successful than by a police force.
The US Department of Justice is set to release 6,000 prisoners in one of the largest single releases in US history. The move is intended to reduce overcrowding and apply recently eased mandatory sentencing guideBlackfords new ad lines for non violent drug offenders.
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FIFA President Sepp Blatter says he knows nothing of kickbacks.
It’s time to have a woman in the White House
Been there, done that 24.1.14:Layout 1 24/1/14 12:59 Page 1
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The Butler Trust: rating the nominations Eastern European
After three months of reviewing and rating the 300+ nominations received for this year’s Award Scheme, the Butler Trust’s volunteer Sifting Panel (pictured) met at the end of September to agree the shortlist to go through to the final stage of judging. The standard was as high as ever and the decision-making as difficult as always - but after much deliberation, the Trust’s Sifting Panel agreed to put through a final shortlist of 43 nominations. The Trust’s Judging Panel meets in December and the names of this year’s Award Winners and Commendees will be announced early in the New Year.
Shortlisted for an award Sean Whitworth - HMP/YOI Bronzefield, Paul Elliot - HMP Castle Huntly, Suzanne Morrison - Cheshire & Manchester CRC, Andy Cereseto - DLNR CRC, Lynda Elliott HMP Durham, Chris Gibbon - HMP Durham, Bill Hill - HMP Exeter, Gary Pearson - HMP Exeter, Emma Powell and Ian Walton - HMP Full Sutton, Angela Thompson - HMP Full
Sutton, Fatima Boukili - HMP Grendon, Heather Brider - Hampshire and Isle of Wight CRC, Calliope (Popi) Daouti and Ray Phillips - Hampshire and Isle of Wight CRC, Sharon Beardon - HMP Hatfield, Belinda Garratt - HMP Hewell, Patricia Dudley HMP Huntercombe, Dave Willis - HMP Huntercombe, Stanley Jacobs - London CRC, Kiera Lloyd - NIPS HQ, Kirsty Huish HMP Peterborough, Walter Logan - HMP Shotts, Catherine Hay - Staffordshire & West Midlands CRC, Sarah Williams Wales CRC, Vilma Smith Yates - HMP Wymott
benefit claimants double to 50,000
The number of migrants from Eastern Europe who are claiming benefits such as Job Seeker’s Allowance has more than doubled in five years according to official figures.
“The scandal doesn’t have to do with Russia, it has to do with the world system of track and field athletics. We have played by the rules all these years. It’s time for someone to stop all this and move forward”
The people below will be interviewed for a possible Award Andrew Murray, Lisa Potter and Sue Smith - BGSW CRC, Sarah Jones - HMP/YOI Bronzefield, Dr Lorraine Johnstone - Centre for Youth and Criminal Justice, Sarah Caden and Susan Stewart - County Durham Youth Offending Service, Paul Brown - Essex CRC, Hannah Hunt - Essex CRC, Peter Jarvis - HMP Full Sutton, Jeffrey Bennett HMP Garth, David Morris - Kent, Surrey & Sussex CRC, Joanne Wood - Kent, Surrey & Sussex CRC, Alan Pitham - HMP Kirkham, Nigel Hosking - London CRC, Julie Carlise and Sarah Kane - NPS North West, Christopher Bowditch, David Hayes, Christopher Jones, Matthew Williams - HMP/YOI Parc, Phil Forder - HMP/YOI Parc, Allan McGinley - South Lanarkshire CJSW, Neil Barclay - HMP Thameside, Bob Leckie - HMP Thorn Cross, Kerensa Hocken - HMP Whatton
Vitaly Mutko, Russia’s Sports Minister, responding to the doping allegations made at the beginning of August.
The Department of Works and Pensions said: ‘To be entitled to benefits, EU migrants now have to be in the country for three months, pass the habitual residence test and can then only claim Job Seeker’s Allowance for three months unless they have a real chance of getting a job.’ Meanwhile, net migration has soared to a record high of 330,000, prompting a government minister to accuse businesses of being too reliant on foreign workers. Lord Green, Chairman of Migration Watch UK, said: ‘Net migration at one third of a million a year is clearly unsustainable’.
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The things people say…
28 countries with percentage of athletes with abnormal blood tests: % % 7 Russia 30 Sweden Ukraine 28 Czech Republic 7 7 Turkey 27 South Korea 6 Greece 26 Germany 6 Morocco 24 Belgium 6 Bulgaria 22 Italy 6 Bahrein 20 Mexico 5 Belarus 19 China 5 Slovenia 16 USA 4 Romania 13 Great Britain 4 Brazil 12 South Africa 3 Spain 11 Australia 3 Kenya 11 Canada 2 Ethiopa 8 New Zealand
Source: The Sunday Times
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TV linked to worse exam results Spending hours in front of the telly could be dragging down children’s exam results. A Cambridge University study found that for every hour a day a 14-year-old spends in front of a screen, their test scores drop the equivalent of two GCSE grades. In a two-year study, researchers recruited 845 pupils aged 14 at schools in Cambridgeshire and Suffolk, and over six months, asked them to record how long they spent doing homework; reading for pleasure; and in front of screens (watching TV, playing games, and nonhomework-related time online). They were also monitored for their levels of physical activity. Having taken into account factors as socio-economic status, the researchers worked out that spending an hour in front of a screen per day was associated with 9.3 fewer GCSE points, overall, at age 16; while spending an hour reading or doing homework (not in front of a screen) was associated with a boost of 23 points. Spending time taking exercise, by contrast, had no impact, either positive or negative, on exam results. Although no causal link was proven the report - part of a wider study into teen welfare - says parents who are concerned about their children’s academic performance should consider limiting their screen time: especially as today’s teenagers are probably spending more time in front of screens than those who took part in the study, conducted from 2005-07.
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DIY contraceptive jab Women can now, for the first time ever, inject themselves with a long-acting contraceptive at home, rather than having to go to their local GP or family planning clinic. Each jab provides contraception for at least 13 weeks. It is not new, but has only recently been granted an extension to its licence from the Medicines and Healthcare Products regulatory Agency - which means it no longer has to be administrated by a GP or nurse. Women wishing to use it will have to see an NHS healthcare professional for training; they will then be prescribed a supply to use at home, and will only need to come back to the clinic for annual check-ups. Pfizer says the contraceptive will give women more options. However, some campaigners have expressed concern that if the at-home contraceptives are prescribed to underage girls, there will be a great risk that warning signs of sexual abuse will go unnoticed.
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Speed up to slow ageing
Poor diet is ‘number one killer’
Just 25 minutes of brisk walking, or slow jogging each day could add seven years to a person’s life, and reduce the signs of ageing, health experts have advised. “We may never avoid becoming completely old, but we may delay the time we become old,” said Professor Sanjay Sharma, a professor of inherited cardiac disease from the St George’s University Hospital NHS Foundation Trust. “We may look younger when we’re 70 and may live into our 90s”, he told an audience at the European Society of Cardiology Congress. Exercise is also an antidepressant and improves cognitive function, and there is now evidence that it may slow the onset of dementia too, he added. Sharma cited a recent study, at Saarland University in Germany, which found evidence that if sedentary but otherwise healthy people in their 40s, 50s and 60s take up regular exercise, their bodies become better able to repair ageing DNA. Even people who only start exercising in their 70s can benefit - a separate study found they are less likely to develop atrial fibrillation, a rhythmic disturbance that affects about 10% of octogenarians.
Poor diet has overtaken smoking to become Britain’s leading cause of all health and premature death, according to a report in The Lancet. Research shows that 40% of NHS resources are spent dealing with preventable risk factors including smoking and drinking alcohol - with unhealthy eating topping the list. The study, by Public Health England (PHE), found that 10.8% of ill health and early death was down to poor diet; 10.7% was related to tobacco smoke; 9.5% to being overweight or obese; 7.9% to high blood pressure; and 5% to alcohol and drug use. “The success in [tacking smoking] required action at national and local, as well as individual, levels,” said Kevin Fenton at PHE. “When it comes to alcohol and obesity, we need to think of a similar approach.” Researchers also found that although life expectancy in the UK rose dramatically between 1990 and 2013 - from about 76 to 81 years - there were persistent regional differences, correlating with deprivation. Men in the wealthiest parts of the UK can expect to live eight years longer than those in the poorest, a gap unchanged since 1990.
Cancer risk linked to height The taller people are, the more likely they are to develop cancer, say scientists in Sweden. Researchers at the Karolinska Institute found that the risk of women developing cancers of any kind increased by 18% for every extra 10inch of height; while for men the risk rose by 11%. Their study - yet to be published - involved analysing data on 5.5. million people born between 1938 and 1991, whose heights ranged from 100cm (3ft 3in) to 225cm (7ft 6in). Taller women were found to have a 20% greater risk of breast cancer than smaller ones; while the odds of melanoma skin cancer increased by about 30% per 10inch in both sexes. But the team admitted the study didn’t take into account risk factors such as smoking, and said taller people should not worry as the findings reflect cancer incidence at a population level, not an individual one. However, it is not the first study to find a link between height and cancer risk. It’s possible cancer could be more likely to strike taller people simply because they have more cells in their bodies, so there’s a greater chance of one mutating. Alternatively, any risk increase could be related to the fact that being bigger, they tend to eat more: calorific intake has been linked to cancer.
Caffeine disrupts the body clock Caffeine is a well-known stimulant, but that’s not the only reason it keeps people awake at night. New research suggests that it also pushes back the body’s clock, by delaying the production of the sleep hormone melatonin. In laboratory tests, caffeine was shown to have an effect on the “chemical clocks” in every cell in the human body; while experiments on humans locked in a “sleep lab” at the University of Colorado indicated that drinking a double espresso three hours before bedtime delayed the body clock by 40 minutes.
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When to worry about memory loss Older people who start losing their glasses, or forgetting people’s names, needn’t worry about their “senior moments” - provided they’re aware they are having them. It’s normal for people to experience memory lapses, says a new study, but what’s worrying is when they lose “memory awareness”. This is often an early warning sign of dementia that friends and relatives should look out for. “If your family member clearly has a problem with memory, the point where they fail to recognise it might be the time to seek medical attention,” said study leader Dr Robert Wilson, of Rush University medical Centre in Chicago. He and his team tracked more than 2,000 Americans who were all dementia-free and had an average age of 76 at the start of the ten-year study. The scientists found ebbing memory awareness was an almost inevitable stage in the descent into Alzheimer’s, typically becoming noticeable about twoand-a-half years before a diagnosis.
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Newsround
FOOD WASTE
Insidetime November 2015 www.insidetime.org
Cost of avoidable food waste in the UK
Beauty is only skin deep Adrian Donovan from the Wonky Veg Shop writes about using food waste for a social enterprise creating a culture that serves to mentor people to improve their life skills and employment prospects, their success rates speaks volumes about giving people a realistic chance of employment. The initial idea is to create a family of businesses based on the same principle/business template, but tailored to the market and the needs of its employees.
£2.1bn A group of people who set up a café in Birmingham which serves food that would otherwise be thrown away has said that 600 tonnes of perfectly good food are wasted every day in the City. The Real Junk Food Project collects food that is out of date and fruits and vegetables considered unfit for sale and makes fresh meals, asking customers to pay what they can. Far too much good food is going to waste in Britain, campaigners claim.
Meat and fish.
£1.7bn Fresh vegetables and salads.
£900m Fresh fruit.
89 million Tonnes of food wasted annually in the EU - and Britain is the worst offender.
At the moment between 25-40% of the fruit and veg crop is sent to landfill, simply because it does not comply with the criteria of size and shape currently demanded by the supermarkets. It is affectionately known as ‘Ugly or Wonky’ veg, and it is perfectly edible. There are quite a few pressure groups who are trying to raise public awareness of this issue. Gradually the subject is becoming more widespread in the light of the economic and ecological implications of this unsustainable waste. Apart from the raw figures, there is another list of untapped resources waiting to be put to use; Unoccupied retail premises in our towns and cities, on average 13%, redundant farms/storage facilities, a wealth of volunteers in the form of retired business professionals willing to help such a venture, and any amount of unemployed ex-grads wanting to light up the CVs. The proposal is to put all those resources together to use this rejected crop to create a business that employs ex-offenders, and sell it nationally through various outlets to the general public. This in itself might sound controversial, but there are a number of businesses that currently employ ex-offenders in their work force. The results in terms of probation have been very encouraging. By
The proposal is currently being discussed by everyone concerned; prison/probation service and the farming community. An equally important element is that of making the idea attractive to the very people who are needed to buy the products. This will be achieved by promoting the project through a reality TV series/documentary, by allowing the buying public to meet all the people whose lives will be affected, and to see what this initiative could accomplish. Although the initial idea is simple, the biggest obstacle to overcome is one of making the concept appeal to everyone who could help turn it into a reality. The main reason for floating the idea is to start the national conversation and get as much support for this initiative and start recruiting the kind of people who also want to make this organisation come into being. There is a facebook page, twitter account and also a website dedicated to this particular project, so individuals can see the mission statement and offer their opinions on this project. Please get in touch.
[email protected] Website: thewonkyvegshop.yolasite.com Twitter: @vegwonky Facebook: facebook.com/wonkyvegshop
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Newsround
Insidetime November 2015 www.insidetime.org
m Do you know...? l A man who went to a police station in Lincolnshire to report a burglary was told to call 999 instead - using his own phone. Peter Green told officers he thought the burglars were still in the house, but they said they couldn’t help and wouldn’t allow him to use their phone to ring the incident room. By the time officers arrived 40 minutes later, the suspects had fled. “We shall review the matter to identify what we can learn from this to improve our service,” said Lincolnshire Police.
Financial Advisors are likely to lose their jobs to computers and robots within 20 years. Deloitte estimates that 35% of all existing jobs could be lost to automation by 2035. l Motorists in Britain are eight times more likely to be badly injured on a single-carriage A-road than on a motorway. The ten most dangerous stretches of road in the UK are all single-carriage A-roads, and the most dangerous of all is the A18 between Laceby and Ludborough in Lincolnshire.
l Inspectors have marked down a Yorkshire care home because staff address residents as “love” and “darling”. The Care Quality Commission described carers at the home as “very nice” - but said the terms of endearment could be regarded as “demeaning”.
l Student union officials stopped undergraduates wearing sombreros at a freshers’ fair because they deemed it offensive to Mexicans University of East Anglia students were handed the straw hats by a Tex-Mex restaurant that was running a stall at the fair. But union representatives quickly confiscated the hats, saying that non-Mexicans wearing them were guilty of “cultural appropriation”.
l A new report has warned that Clerks and
l Punt chauffeurs in Cambridge have been
For 40 years, no one knew this woman discovered a cure for malaria Congratulations Tu Youyou on winning the Nobel prize in Medicine. And also for being the most puzzling person to sing ‘Happy Birthday’ to.
told they must deliver a safety briefing before every trip up the River Cam. Among other things, passengers will be told not to let their hands dangle in the water, and that amplified singing is banned. Large illustrated ‘safety information’ stickers in the punts will reinforce the message. l US presidential hopeful Donald Trump is predicted to be the star of America’s Halloween festivities this year. Typically, people dress up as ghouls on the night, but costume shops say they’ve had a rush on Donald Trump wigs in recent weeks, and stocks are all but exhausted.
l 89% of people regularly skip one of the main three meals. 27% eat alone more often than not. 9% of those surveyed had eaten no fruit or veg the previous day. l The data centres that power digital services such as Facebook and YouTube are responsible for 2% of global greenhouse gas emissions - about the same as the aviation industry. Each Google search generates 0.2g of CO2. Watching a YouTube video of cats for ten minutes generates 1g. l Britons are more likely to know what text message acronyms such as LOL stand for than to be able to decode financial ones such as PAYE. In a recent survey, 79% of respondents knew that LOL was short for “laugh out loud”, and 77% knew that OMG is “oh my god”. By contrast, only 66% knew that PAYE means “pay as you earn”, and 62% that HMRC is “Her Majesty’s Revenue and Customs”.
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NEWS IN BRIEF I was expecting the Order of the Garter
Bra tycoon Baroness Michelle Mone has now become a Tory Peer.
l A 25-year-old Iranian man walked into a police station in Manchester and demanded to be deported because he couldn’t bear living in the city. Arash Aria said he hated Britain because the people were rude and unfriendly, and he couldn’t find work. The Iranian Embassy has since offered to help him get home.
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Leading Saudi man appointed head of UN Human Rights Council. ‘I’m very proud to behead of such a great institution’, he said. Home Secretary Theresa May at the Conservative Party Conference wearing a £1395 dress by the French designer Ronald Mouret. In her keynote speech she reminded everyone of the need to keep faithful to the Governments programme of austerity.
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Diary
Insidetime November 2015 www.insidetime.org the despair of a young man slumped on a bench who knows that prison is the next stop.
Month by Month
‘Angry Ghost’ from Atkinson Unit (Childrens’ Home) (pictured) is a wonderfully bold painting where the ghost seems both threatening and comic.
by Rachel Billington
This month Rachel reports on the Koestler Awards, opened by Michael Gove - Secretary of State for Justice, talks about some of her favourite entries and picks a witty poem.
O
k Autumn means falling leaves and dark winter, but it also means the excitement of the Koestler exhibition with its display of the usual brilliant art from UK prisons. To be precise, the 8,509 entrants come from prisons, secure hospitals, young offender institutions, secure childrens’ homes, immigration removal centres, people on community service orders and on probation and even British prisoners abroad. It’s just as well there 61 different categories to choose from, including paintings, sculpture, craft, poetry, music, drama and needlecraft.
Rachel with her dazzling bag
I came away with a dazzling bag (pictured), made out of painted cloth and a multitude of beads. It is a very personal work of art and I’m glad to think that half of the £40 I paid will go to its creator in HMP Parc. (The other half is divided between the Koestler and Victim Support.) In last month’s Inside Time we showed some of the prize-winning pieces of art. About a third of the entrants receive an award so this is another way of earning money as well as praise. Today I’m picking my own selection seen on the spot at the Royal Festival, part of The Southbank Centre which has hosted and helped to organise the exhibition for the eighth year running. It is a great venue, attracting many visitors from home and abroad who are always amazed and impressed at the talent emerging from locked institutions. As past Koestler Award-winner, Ben, noted, ‘The impatient metropolis where these works of prison art are exhibited is about as far away as possible from the solitary isolation in which they were conceived and patiently assembled.’ So here follows a few of my favourites from the walls plus a poem- appropriate since I am writing this on National Poetry Day. In a nice innovation, the walls are also decorated with excerpts from written entries. ‘The Long Journey Home’ by Donatien from Caswell Clinic (Secure Mental Health Unit)
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‘The Long Journey Home’ by Donatien from Caswell Clinic vividly illustrates this year’s theme of the Awards which is ‘Journey’. Although simple and brightly coloured, it manages to suggest the sad and difficult task of finding a safe harbour. About 20% of Koestler entrants are from medium or high security mental health units.
‘Paranoid Coat with Shark’ by Sean from HMP Dovegate ‘Paranoid Coat with Shark’ by Sean at HMP Dovegate, (pictured) created out of clay and glaze, quite apart from the artistry, made me laugh which always gets my high marks.
‘The Writing’s on the Wall’ by Daniel from HMP Cookham Wood ‘The Writing’s on the Wall’ by Daniel from HMP Cookham Wood (pictured) perfectly depicts
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‘Kaleidoscopic Fulfilment’ from HMP Peterborough is an elegant work, sponsored by Inside Time and pictured with our Editor, Eric McGraw.
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Diary
Insidetime November 2015 www.insidetime.org
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Reading Ahead The UK’s most successful crime writer, Martina Cole and the award-winning graphic novelist Ilya are two of the authors soon to appear on National Prison Radio encouraging people to get Reading Ahead. And we’ll bring together reading groups from inside and outside HMP Drake Hall, to discuss the moving memoir The Last Act of Love with its writer Cathy Rentzenbrink.
‘Who Really Pulls the Strings’ by David - HMP Swaleside One of the most spectacular paintings comes from HMP Swaleside by David and titled ‘Who Really Pulls the Strings’ (pictured). If you look closely you’ll get an answer to the question and a wild idea of what London’s really about. ‘Lisa your Bairn’s Getting Taken off You’ by Chris in HMP Edinburgh is another well-executed story painting whose subject gives it a high level of pathos. ‘Woman in Thought’ by Donald in HMP Wandsworth comes into the same category, a sad and memorable painting of a situation common to many in prison.
The poem I’ve picked out is clever, witty and not quite so optimistic. It won a Platinum Award: Chemical Cash Cow From HMP Glenochil The pink one keeps me happy and stops me feeling sad The red one keeps the pink one from making me go mad The white one helps me sleep and the dark blue one helps me think Though I sometimes think of suicide if I take it with the pink Two green ones keep me calm and help me not to panic But I do not take the green ones if I think that I am manic My orange one, it has side effects they make me feel quite ill So I told this to my doctor who gave me a yellow pill Now I’ve got a rainbow I swallow when I’m told And the makers of this rainbow? They earn a pot of gold.
R
eading Ahead used to be called the Six Book Challenge. Whether you’re a new reader or have loads of experience, all you have to do is pick any six texts you’d like to read. It can be books, magazine articles, poems, recipes, graphic novels, song lyrics - anything you’re interested in, it all counts, as long as it challenges you. You fill in a Reading Ahead diary as you go along, writing down what you think when you finish each read. And there’s no time limit, so it doesn’t matter how long it takes you. When it’s complete, you get a certificate and a dictionary from charity Give a Book.
Prisoners we’ve spoken to say Reading Ahead has challenged them to read things they’d never have thought about before, and they’ve learned loads too. Plus they say reading transports them to another place, and makes their time go by more quickly. If you’re interested in finding out more, or looking for inspiration about what you could read for Reading Ahead, keep an ear out for our special series of programmes. Just tune in at midday and 6pm, every Tuesday from 17th November. And over the Christmas period we’ll also have a special Takeover Day from HMP Pentonville, where an amazing number of people have already completed Reading Ahead. You can sign up for Reading Ahead, and find out more about how you can develop your reading skills, at your prison library.
Last year 13,500 people in prison took part. National Prison Radio is taking part in Reading Ahead. Together with the Reading Agency (the charity behind Reading Ahead), we want to get you excited about reading and inspire you to take part.
‘Reminiscing’ by Leroy in HMP Stafford ‘Reminiscing’ by Leroy in HMP Stafford (pictured) is an unusual subject, showing three old ladies having a good chat. It is delicately drawn with a friendly kind of satire. There are usually some very good portraits in the exhibition and I particularly liked ‘You Don’t Have To Pretend to Care’ from HMP Shotts.
‘My Journey’ from HMP Dovegate Finally, an ambitious creation of clay and glaze called ‘My Journey’ from HMP Dovegate (pictured). The centre piece is a bulging suitcase with a pair of boots and a label reading ‘Destination Home’. Nearby, two signposts read ‘New Start’ ‘New Life’. There’s optimism for you!
The Koestler Trust organises various talks and events during the run of the exhibition which lasts till the end of November. It draws together people who work in the prison estate and people who just like art or are interested in learning more about prisons. On the afternoon I visited I bumped into quite a gang of friends and managed to photograph one group, including Frank from St. Giles’ Trust (a Host at the exhibition), Sarah Turvey, Prisons Reading Group and Susannah Henty from the Prisoners’ Education Trust. On my way out I was introduced to Koestler’s new Chief Executive, Sally Taylor who gave me a slip with some of the reactions from prisoners chosen to be exhibited. Many talked about the important boost to their confidence but I couldn’t help liking this one best: ‘It made me feel so proud. In fact the last time I felt like this was when I was 10 years old and mum and dad gave me a red racing bike for Christmas.’
Every week we’ll be leafing our way through all kinds of writing - from crime fiction to poetry - with some of the most exciting authors around. We’re visiting different prisons around the country to find out more about what you love reading, and why. And we’re taking published writers with us, to hear what gives them inspiration, and to find out what you think of their work. Apart from Martina and Ilya, philosopher and self-help writer Roman Krznaric will explain why empathy can be an incredibly powerful tool. We’ll hear how multicultural Leicester has inspired the books of Bali Rai when he meets prisoners at HMYOI Glen Parva. We’ll also bring the aspiring poets of HMYOI Deerbolt together with the critically acclaimed Mr Gee.
Martina Cole is an ambassador for Reading Ahead “Reading has done so much for me in my life - I’ve always read to escape and it’s taken me out of bad situations. The great thing with Reading Ahead is you don’t have to read six books - you can read six song lyrics, or six short stories... it’s all about making sure that you are trying to read. The more you read, the better you get at it. The better you get at reading, the more literate you get, words-wise and everything. There’s so much to be said for reading.” You can hear Martina Cole’s visit to HMP Thameside as part of our Reading Ahead series, every Tuesday from 17th November at midday and 6pm.
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Comment
Insidetime November 2015 www.insidetime.org
J
eremy Hunt, the government minister responsible for running the National Health Service, has identified a new threat to the nation’s health - social isolation. He claims this is potentially as big a problem for the NHS and society generally in the coming years as obesity is presently. But unlike obesity which is all too plain to see in countless monstrously bulging waistlines, social isolation is a silent killer. And even beyond death the impact of social isolation is confirmed by the fact, according to Mr Hunt, an average of eight “lonely funerals” are held each day in Britain - council-funded funerals without any friend or family member present. There are no figures available as to how many amongst these desperately lonely people are former prisoners. But there is no questioning the extent to which ex-prisoners in particular suffer from social isolation upon release. Recent research reveals that loneliness is twice as damaging as obesity when it comes to older people’s health and is almost as significant as a cause of death as poverty. In young people, loneliness has been found to contribute to stress, anxiety, paranoia and addiction. The Mental Health Foundation has called it a growing problem of “huge concern”. By 2020 one million more Britons will be over the age of 70 and a third of them will be living alone. In Singapore two thirds of the over 65s live with their children as do 40% of Chinese. In Britain the number is only 16%. A recent survey by 2,000 senior church workers identified loneliness as the prime social problem in their parishes - a bigger challenge than debt, unemployment or poor housing. One in ten older people have contact with their family less than once a month. Forty percent of older people say that television is their main source of company. In addressing this growing problem, the health minister wants us to learn from countries where caring for the elderly is taken more seriously. In Italy there is a system of au pairs or “nannies for grannies” called “badanti”. In Holland students can receive rent-free accommodation in nursing homes if they spend 30 hours a month with the elderly residents. In France since 2004 laws require children to stay in touch with their parents. In China there’s even the threat of imprisonment if you don’t visit your ma and pa. Presently Britain’s prisons are overflowing, caused more recently by the growing number
fisher meredith
© Fotolia.com
Ex-prisoners face loneliness epidemic Britain’s long-term health threat is not only obesity but increasingly social isolation writes John O’Connor of elderly inmates imprisoned mainly for historic offences. And while the criminal justice system is very efficient when catching up with past offenders such efficiency isn’t matched by the community when they are eventually released. More often than not they emerge into an alien world, friendless and isolated. And it’s well recognised that irrespective of age or social background, without the protection and support of friends or family there’s a greater chance of anti-social behaviour occurring, possibly resulting in being returned to prison. As far as the criminal justice system is concerned there is no really effective mechanism to reduce the risk of this happening. Of course there are offender managers who monitor ex-prisoners upon release but their
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primary job is to ensure they don’t re-offend or breach terms of their licence. But offender managers are not employed to befriend ex-cons, or to be concerned about their social isolation, their health or practical welfare. It’s all about them staying the right side of the law. Such monitoring doesn’t recognise the definition of social isolation, which according to Wikipedia “refers to a complete or nearcomplete lack of contact with people and society for members of a social species. It is not the same as loneliness rooted in temporary lack of contact with other humans.” Increasingly it is the voluntary sector which attempts to fill the gap created by the absence of an effective government-run through-care system which addresses the problem of social isolation amongst older prisoners in particular. In the absence of central government involve-
ment the requirements of the Care Act 2015 (which came into effect in April) have to suffice. This legislation places a legal requirement on all local authorities to assess and support those who meet the national threshold of care and are in prisons and probation hostels in their area. But “care” in this context refers more to practical needs (accommodation, medical, social security benefits) than social isolation per se. For social isolation isn’t something you can alleviate by simply going into a chemist and buying a packet of instant cure. Neither does it come in handy sizes. If anything approaching a cure is to be found it is usually within the context of mentoring. And there’s no shortage of organisations offering various types of mentoring. But a quick search of the internet soon identifies a nasty barrier facing prisoners. Some mentoring bodies simply refuse to assist ex-prisoners: others are even more restrictive - “no sex offenders”. Without doubt ex-prisoners within this latter category face an even tougher time when attempting to reintegrate into society. Amongst the voluntary sector assisting exprisoners there are a number of registered charities which meet the requirements of the Care Act when providing a focus on personcentred care and care planning. This includes the provision of advice and information as well as signposting to local services. For one charity in particular - Restore Support Network - it aims to enable people with criminal convictions to have more control over decisions about their care which will also reduce the risk of their re-offending. Another aim seeks to help them stay healthy and crime-free and live independently for as long as possible. What Restore Support Network has initiated when addressing the problem of social isolation amongst older ex-prisoners barely scratches the surface of a human phenomenon which risks becoming an epidemic. It’s so great a problem that it must be tackled as a matter of urgency with the same strength and resolve when fighting obesity. Both are potential killers with the only difference between the two being that older ex-prisoners are more likely to be victims of social isolation.
John O’Connor is an former prisoner and London representative of Restore Support Network (
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Comment
Insidetime November 2015 www.insidetime.org
More junk science “Wherever he steps, whatever he touches, whatever he leaves, even unconsciously, will serve as a silent witness against him. Not only his fingerprints, not only his footprints, but his hair, fibres from his clothes, the glass he breaks, the tool marks he leaves, the paint he scratches, the blood or semen he deposits or collects. All of these and more bear mute witness against him. This is evidence that will not forget. It will not be confused by a moment’s excitement. It is not absent as a witness can be. Physical evidence cannot be wrong, it cannot perjure, it cannot be absent. Only human failure to find it, to study and understand it can diminish its value.” Translated from “L’enquetes criminelle et des methods scientifiques” by Edmund Locard (Paris 1920).
by Keith Rose
K
nown as Locard’s principle, the passage above is an idealised view of the basis of Forensic Science techniques and helps explain why science can be such a powerful tool in investigating crime. In principle, scientific analysis can be used to examine and catalogue anything and everything in a crime scene. Where problems may arise is interpreting the evidence and how it is presented in a criminal trial. All too often personal opinion can colour the facts leading to a miscarriage of justice. Traditionally in the UK there has been little formal regulation of Forensic Science and Forensic Scientists except for individual accreditation through the Council for the Registration of Forensic Practitioners. It was not until the 12th July 2007 that the UK government even proposed a Forensic Science Regulator, following a March 2005 House of Commons Select Committee report, ‘Forensic Science on Trial’. A Forensic Science regulator was finally appointed on the 11th February 2008. Within
three years the UK’s national Forensic Science Service (FSS) had been disbanded and scientific analysis had moved from the public to the private sector, leaving it fragmented and dangerously disorganised. I, like many others, made the mistake of believing the dissolution of the FSS was a good thing, being aware, again like many others, of a predilection of some FSS scientists for favouring prosecution cases. Although only involving a few scientists the objectivity of all evidence from a particular laboratory, Huntingdon for example, called into question much evidence from that site. It appears that some FSS scientists forgot to be impartial and objective and that their role was to give facts to help the court reach a decision, rather than talk up evidence, ‘to help the case along’. In March 2011, The Times ‘Law Central’ pointed out the dangers of privately owned laboratories refusing to disclose commercially sensitive analysis methods preventing defence teams from challenging prosecution evidence. Another potential problem with the privatisation of forensic services is the reliance of private companies on a particular police force or CPS
office. A fear of loss of business from displeased clients may lead to talking up the evidence to achieve desired results, convictions.
sometimes approach 100%. False positive error rates for bite marks run as high as 64%. Kozinski’s critique runs to a further 19 pages of A4.
Take as an example, DNA. Many forensic scientists will boldly state that the chances of a DNA match are billions to one. That would be true if a full genome analysis had taken place. In the UK, the SGM+ system is used for DNA profiling utilising 11 loci on 11 different pairs of chromosomes. When the allele frequencies for 11 loci are multiplied together a number is obtained for the likely occurrence of that combination in the general population. That is NOT odds of billions to one.
However, Kozinski’s essay echoes America’s National Academy of Sciences who argued in 2009 that fingerprint, bite mark and blood spatter evidence was being used unreliably. In 2015, the ‘Innocence Project’ pointed out that the FBI’s 30 year use of DNA based hair analysis was a disaster, and in following up a Justice Department investigation the FBI have abandoned use of dual profile DNA and the often criticised gunshot residue.
The website of the Crown Prosecution Service has carried advice to expert witnesses on how DNA evidence should be presented to courts, however, the CPS are hardly a neutral body. The website has used the following carefully worded example: “The chances of finding the matching profiles if this semen (from the crime scene) had originated from a man in the general population other than and unrelated to the defendant is 1 in 5 million”. (Source: CPS, Open University). Further problems arise with mixed profiles of DNA, where two DNA profiles are extracted from one sample. In January 2015, a New York judge threw out all evidence obtained from a mixed profile. Additionally, in July 2015, Alex Kozinski, a sitting judge on the US 9th Circuit wrote an essay on faults within the US Justice system including the following critiques of forensic methods, these are quotes: Fingerprint evidence is foolproof. Not so… when tested by rigorous scientific methods, fingerprint examiners turn out to have a significant error rate. Kozinski then cited the case of Brandon Mayfield as reported in Inside Time in 2011. Kozinski went on to report other forensic error rates as percentages: Spectrographic voice identification error rates as high as 63%; handwriting error rates average 40% and
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Unfortunately the British courts persevere with outdated and discredited forensic techniques due to a culture of political interference backed up by a right wing, predominately Murdoch controlled media. British trials still feature mixed profile DNA, gunshot residue, handwriting analysis and other opinion based methods which have little relation to hard science. Taking gunshot residue as an example, Barry George spent years in prison convicted on a single particle approximately 0.078mm in diameter, nearly too small to be seen by the naked eye. It was examined in a laboratory which also handled gunshot cases and clothing. Cross contamination is almost certain in such an environment. Juries have been swayed by TV programmes like CSI or NCIS into believing that all forensic science is foolproof. Whilst the forensic profession has not recognised its own multiple faults, nor the scale of the problem. Whilst crime shows can over educate juries as to what forensic science can reveal, barristers are under educated, enabling unscrupulous barristers to wilfully misrepresent scientific evidence according to Paul Roberts of Nottingham University’s School of Law. Barristers and scientists come from different cultures with different languages and can find it impossible to explain things to each other. A theme much visited by the television series, ‘Bones’, starring Emily Deschanel and David Boreanaz. There is probably only one solution to the lack of understanding between scientists and barristers, a corresponding forensic scientist in court to evaluate the evidence being given as fact by the opposing side. (Sources: New Scientist, The Economist, Open University, Alex Kozinski) Keith Rose is currently a resident at HMP Whitemoor
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Without regret Owen Davies tells the story of Chopper Read the notorious Australian criminal
T
here are very few prisoners in the UK who haven’t seen ‘Chopper’, the film based on the life of the notorious Australian criminal Mark Read. Eric Bana, who plays Chopper, does look and sound a lot like him, but the film only touches the surface of Mark Read’s rather extraordinary life. I’m sure many people would like to know more about him. I recently read a book by Read called ‘Road to Nowhere’, in which he talks a lot about his childhood, adolescence and life inside. A famous quote from Read is, ‘Never let the truth get in the way of a good yarn,’ yet what is never footnoted to this adage is that he said that so he wouldn’t get arrested for any of the crimes he wrote or talked about but hadn’t been charged with. Recently I met a prison officer who had worked in Melbourne’s Pentridge Prison while Read was there and I, of course, asked him if what Read wrote about was true or not. (I now live in Melbourne.) ‘All true,’ he said without hesitation. Pentridge Prison was shut down a number of years ago and Australian prisons are now not dissimilar to the new kinds of prisons being built in the UK. Pentridge Prison is where Read spent the majority of his 24 years inside; it is where the infamous episode of having his ears cut off took place. This is the first point that should be cleared up. Many people think Read got his nickname Chopper from the ear chopping episode. In fact he was called ‘Chopper’ as a young boy, after a popular cartoon character named Chopper, who he resembled. He spent the first five years of his life in a children’s home. He was sexually abused as a child and was bullied substantially at school. Read just never fitted in. He was a social outcast his entire life. Asked by an interviewer if he was liked by his fellow prisoners and criminals, he replied, ‘I’m about as popular as a pork chop in a synagogue.’ He was placed in several mental
institutions as a teenager and later in life. He received shock treatment upward of 50 times. Read grew up in South Yarra and Collingwood, inner city suburbs of Melbourne. Neither of his parents were criminals or had been to prison. His mother, in particular, disowned him, when he was first locked up in 1970, at the age of 15. He wouldn’t have gone to the boy’s home at all for that first sentence if he’d had an address to go to, but his mother wouldn’t have him in the house again. He said that was when his real resentment began, and crime, as many prisoners know, largely springs from resentment. Read was an only child and got into crime initially from mixing with the wrong kind of kids. But how does the character of one of the most notorious modern day criminals develop? Well, first of all, he needs to be tough, very tough. And Read was extremely tough. At 15 he was half an inch shy of six foot and 13 stone, ‘a big, strong kid for 15.’ One of his first jobs, at 15 years of age, was as a bouncer in a nightclub. ‘I liked belting people up,’ he writes, ‘and kicking them out of the place.’ At 16 he was known as one of the best street fighters in Melbourne. At 17 he was convicted of beating up three police officers. His later crimes were mostly associated with robbing drug dealers and brothels and kidnapping and torturing members of the criminal underworld, often using a blowtorch or bolt cutters to remove the toes of his victims, as an incentive for them to produce enough money to stay alive. He justified these crimes as revenge against bullies, in particular the children who’d tormented him at school. A friend of his taught him how to fight when he was a boy. His friend told him, ‘Shut your eyes and let me hit you.’ Chopper obliged. ‘Once you lose your fear of being hit,’ his friend advised, ‘you’re ready to fight.’ When he got used to being hit, Chopper found he
quite liked it. ‘Then you can just wade in,’ his friend advised further, ‘and keep swinging until you win.’ Chopper had no fear. He wasn’t concerned about consequences and lived by the old school criminal’s code of revenge at all costs. One of his convictions was for beating up a judge who’d sentenced him a number of years before. He just walked right into the crowded courtroom, went straight up to the judge and hit him with a gun handle a few times, before stunned security and police could act. He held him at gunpoint for an hour then decided he might as well try to get one of his friends released from prison but how he was going to do that wasn’t clear to Chopper before or after. Another one of his convictions was for impersonating a police officer. He was never convicted for murder or manslaughter, though he did get a not guilty on the grounds of selfdefence for a murder charge, which was captured in the film ‘Chopper’. Later, in a television interview, Chopper confessed it hadn’t been self-defence at all and joked, ‘How could they have given me a not guilty for that?’ Chopper was an old school criminal. The thing about old school criminals is that you need an old school society and an old school Criminal Justice System to cultivate them. It would be impossible for a murderer, (which Read certainly was, probably quite a few times over,) like Read to gain popularity in Australia if he’d started his criminal career in the 21st century. The media would lie about him, the risk-based system would never release him as he committed so many violent crimes in prison and he would have no notoriety at all. (Charles Bronson only has notoriety as a violent prisoner because he started out when things were old school. If he started out now and behaved in the same way, he’d have no notoriety whatsoever.) Read, of course, knew all that. He despised the changes in the Criminal Justice System almost as much as
those in an increasingly conservative Australia itself. (The Australian CJS has followed the pattern of the British CJS, combined with aspects of the American; the worst of both you could say. Like the American, the prison system in Australia can break the law however it likes because there is no Court of Human Rights to keep it in line. Overcrowding in jails, for instance, is an issue here as it is everywhere, yet in Australia, they can double up by putting a mattress on the floor of a single cell; highly illegal but who’s going to stop them.) Chopper Read opted out of this changing world. He’d made a lot of money out of books he’d written, from paintings he’d painted and from being a celebrity. He was released from prison for the last time in 1998. He once said that having a lot of clean money helped him stay out of prison, a point which should be noted by all those who claim people return to prison because they’re inherently bad. In his last television interview though, two weeks before he died, he graphically confessed to four murders, one of which had taken place only a few years earlier (the murder of an ex-bikie gang president who he’d previously shot in the stomach), after Chopper had become Chopper the celebrity and exchanged crime for storytelling, as he so often said in his stage shows. One thing you could say about Chopper was he certainly had the gift of the gab. In 2012 he was diagnosed with liver cancer. He could have had a liver transplant (which would have saved his life) and he had the money to do so, but he refused. He was an anachronism, not at home at all in the 21st century. In 2013 he died as he had lived, thoroughly and completely, without regret. Owen Davies is a released life sentenced prisoner
Comment
Insidetime November 2015 www.insidetime.org reached. So, if they’ve reached the end of the light green manual they should choose from the full set of light green Readers, having the chance to look through them and choose which they want to read. Readers have been written to appeal to a wide range of Learners, some may find one book interesting and others not but it is important they get to choose and not have Mentors choose for them.
Turning Pages... A thank you and an update from the Shannon Trust
S
ince Turning Pages launched in the summer, the feedback from Learners and Mentors about it has been really positive. Thank you to all our Mentors for making the switch to Turning Pages so successful and for the feedback about the new manuals and readers. It’s really appreciated and means you continue to influence how the Reading Plan is delivered. Here’s a summary of some of the points we’ve been asked to confirm. Certificates: There are colour coded completion certificates for each Turning Pages manual. Make sure you give these to Learners
Progress Checks: Remember these should only be completed when your Learner reaches them in a manual. They are not tests and Learners must not feel that they are being tested, they are just a way to check that all they have covered in the manual has be learned. There’s no set time that Learners should take to reach each progress check.
‘Love the activities, makes it much more interesting for both of us in the sessions.’ Mentor, HMP Stocken
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been written so that new skills are embedded as the Learner goes through each page. 20 minutes a day, 5 days a week is the aim. If Learners do more than this they wont have the opportunity to ‘sleep on it’ and practice the new skill the next day which is vital for learning. If you have a Learner who is keen to do more then use the time to do supported reading as outlined in your Mentor Training and Resource pack. And finally: Make sure that all your Learners start at the beginning of Turning Pages with the dark blue manual. This makes sure that they learn and develop skills as the manuals progress and they don’t miss something out that they need later. We’re really pleased that you and your Learners are enjoying Turning Pages, keep up the good work!
TurningPages
Phonic CDs: Remember that we have a CD available for Mentors (including a track for Learners) to use to practise the sounds and get tips. If you’d find this helpful please ask your Reading Plan Lead or Mentor Coordinator for a copy.
Prisoners who can read teach prisoners who can’t
‘One Learner never read a book before but has now read six!’
Typos: It is inevitable that there are a few typos. These will be changed on the next print run but please note that in the dark green manual on page 13 the Long u column should read ew/ue and page 51 ‘His isn’t fit to play’ should read ‘He isn’t fit to play’.
If you would like more information on how to become involved, as either a Mentor or a Learner, contact the Reading Plan Lead in your prison (ask a Shannon Trust Mentor who this is) or write to: Shannon Trust, Freepost RTKY-RUXG-KGYH The Foundry, 17-19 Oval Way, LONDON SE11 5RR.
Readers: It’s not compulsory for Learners to read every Reader but they must be offered a choice from all those in the set they have
Don’t rush and don’t let your Learner rush: Turning Pages is not a race and has
e.g. your Learner finishes the dark blue manual and so gets the dark blue completion certificate. Achievement certificates are still available but use should be rare such as when a Learner has really struggled to get to a midway point in a manual and you feel they would benefit from a certificate.
Mentor, HMP Gartree
The Shannon Trust Reading Plan (Turning Pages) is a simple & efficient way of helping people to learn to read.
ShannonTrust
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Total recall If you are released on licence, then you can be recalled at any time until your licence ends. You can be recalled for committing a crime, being accused of a crime, not attending a probation appointment or if your behaviour is thought to be risky. PRISON REFORM TRUST © prisonimage.org
The problem with closed visits and banned visitors Inside Time’s Paul Sullivan checks out the rules behind closed visits and banned visitors
I
nside Time often gets letters about problems with Closed Visits being imposed and spurious indications by Visit Drugs Dogs. There are lots of stories about false indications and why this may be and these vary from the dog handler making a signal for the dog to sit, the dog mistaking petrol (from a car), to sitting on a bus after a drug user has sat in the seat. If the visitor is a user but has no substances on them it is likely that the dog will still be able to smell it on the clothing. There are pages of Prison Service Instructions dealing with Visiting, the main ones being PSI 2011-015 and PSI 2011-016. The smuggling of drugs, and more recently mobile phones, is a concern of prisons but these rules state that they must act reasonably and proportionally and visitors cannot be banned on an indication by a drugs dog although it might be proportionate, on that occasion, to order a Closed Visit. PSI 2011-016 states; ‘Prison Rules require prisons to actively encourage prisoners to maintain outside contacts and meaningful family ties. This is integral to the prisoner’s Right to Family Life as well as their rehabilitation. Visits are seen as crucial to sustaining relationships with close relatives, partners and friends, where appropriate, and help prisoners maintain links with the community. The MOJ Resettlement Survey 2008 showed that offenders could be 39% less likely to re offend if they had received family visits whilst in custody. Regular and good quality contact time between an offending parent and their children/partner provides an incentive not to re-offend, and helps prisoners arrange accommodation employment/training on release. Visits also assist in maintaining good order. Good quality visits in a relaxed environment make a significant contribution to the well being and attitude of prisoners and generally help to build better relationships between
families and staff to the point where families are encouraged to share sensitive information which may have an impact on the welfare of the prisoner.’ PSI 2011-015 covers the management and security at visits. It replaced PSO 3610 which dealt with smuggling drugs and visits. Closed Visits (and visitor bans) could be against ECHR Article 8 (Right to a Family Life) and therefore any decision to impose closed visit must be considered on an individual basis, be proportionate to any supposed risk, and be reviewed regularly. Any continuing Closed Visits must be based on a time frame and not the number of visits. Visitors and prisoners must be informed of any sanction put in place (in writing) because of ‘suspected or proven inappropriate behaviour during visits’. This is a change from PSO 3610 which suggested Closed Visits or bans should be based on the number of visits (to stop prisoners from not booking visits and accumulating them for after any period of Closed Visits or bans). PSI 2011-015 states; ‘Closed visits are an administrative measure, not a punishment … Administrative measures may be applied using evidence which equates to a balance of probabilities rather than the “beyond reasonable doubt” … Establishments should be able to demonstrate that in deciding to apply closed visits they: (a) have taken into account all the individual circumstances of the case; (b) have acted proportionately; and, (c) have kept the requirement for the closed visit under review. Any period of Closed Visits or bans will follow a prisoner if he/she is transferred. Prisoners can appeal any ban or period of Closed Visits through the internal formal Complaints Procedure, maybe talking to the IMB and, if not satisfied, to the Prisons Ombudsman. Legal Aid would not be available for legal assistance.’
Francesca Cooney Advice & Information Manager
N
OMS Public Protection Casework Section (PPCS) makes the decision, usually following information from a probation officer. If you are recalled you should be given your paperwork within 24 hours. You should be told that you can make representations to the Parole Board if you don’t agree with the reasons that you were recalled. All prisoners (apart from people on extended sentences) can be considered for Fixed Term Recall. This is when you can be released after 14 days (if your sentence is under a year) or 28 days (if your sentence is for a year or more). You can be released as long as you are not seen as being a risk of causing serious harm. This will be based on an OASys - an assessment that looks at your needs and risks. If you are on a Fixed Term Recall and want to appeal this, your case should be sent to the Parole Board very quickly. If you do not make representations to the Parole Board you will be released after 28 days, although NOMS have an executive power to release you earlier. A Standard Recall means that you could serve the rest of your licence period in prison. You can be released earlier either by NOMS (acting for the Secretary of State for Justice) or by the Parole Board. They can release you if they believe that it is not necessary to keep you in prison on public safety grounds. If you are not released your recall should be reviewed at least once a year. If you are on a Standard Recall the decision
will be reviewed by PPCS and/or the Parole Board. It should automatically go to the Parole Board for review once you have been in prison for 28 days. The Parole Board can: l Order release; l Decide a date within a year when you can be released; l Order that you stay in prison and say when you should be reviewed; l Order that you can be released at sentence expiry (if this is under a year away). If you are not happy with the Parole Board decision you can ask for this to be reviewed. You can ask for a paper review or an oral hearing. The Parole Board has to look at whether it would be unfair if you did not have an oral hearing. If you have a parole hearing, you can still get legal aid for a solicitor to make written representations and to attend the oral hearing. It is important to get legal advice if you have been recalled and want to appeal. Prison Reform Trust cannot give you legal advice but we can send you information about recall or send you a list of solicitors that may be able to assist you. Finally, I wanted to let readers of Inside Time know that I am leaving PRT in November to take up new work. It has been a privilege receiving letters and queries from people who have read the column and written to us. I am grateful to everyone who has got in contact to tell us about their lives and experiences in prison. You can still contact the Prison Reform Trust’s advice team at FREEPOST ND6125 London EC1B 1PN. Our free information line is open Monday, Tuesday and Thursday 3.30-5.30. The number is 0808 802 0060 and does not need to be put on your pin.
Parole? Recall? Life Sentence?
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Comment
Insidetime November 2015 www.insidetime.org
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Questions on behalf of prisoners Q As a HMP prison, why is La Moye not run according to HMP rules and regulations? La Moye seems to cherry pick from English and French prison laws. Is it HMP or not? A Jersey is an independently administered jurisdiction with its own Government, Laws and Prison Rules etc. but nevertheless it owes allegiance to the Queen. Historically, Jersey Law has been influenced by English Common Law and French Civil Law but the main working language for the legal system has been English since the 1950s. From a Prison Service perspective, we draw nothing from France but look to the UK for best practice. Q All mail is screened before being released
Bill Millar - Prison Governor, HMP La Moye
to family and friends. This is not the case in English prisons so why does it happen here?
Governor spotlight Inside Time’s John Roberts on a private visit to Jersey called in at HMP La Moye to meet the Prison Governor Bill Millar. During their conversation Bill also responded to some questions that had been posed earlier by prisoners. For Bill Millar (pictured) life is very different from the 30 years plus he spent with the Scottish Prison Service. In his final years he was Governor of Perth and Polmont having previously served in Glenochil, Shotts and Peterhead.
Q
Prison governors all have their own style of managing a prison. Some are regularly seen on the wings others tend not to. What is your management style at La Moye and is it different to how you managed prisons in Scotland?
A
My role in Jersey is very different to anything I experienced in Scotland. The Governor of La Moye is the Head of the Prison Service so there are many additional demands on your time that extend beyond the prison. That said, the role of Governors across UK prisons has changed significantly over the last decade and there will be very few these days that are able to spend a lot of time “walking the job”. The role has become far more strategic and business orientated.
Q
HMCIP from England has carried out several inspections. As La Moye is a State of Jersey Prison and not HMP, who instigates these and what happens regarding the recommendations made?
A
The Prison Service and the Minister for Home Affairs take HMCIP Reports very seriously. Every recommendation is examined in great detail and a response prepared. We are not obliged to accept every recommendation but in practice, the vast majority are and an action plan to address matters raised is prepared and reviewed on a regular basis.
Q
Are your budgets suffering in the same way as they are in the rest of the UK? Clearly there are issues with the condition of some of the buildings as this has been mentioned in the reports.
A
Yes, there is a need to cut public spending in Jersey and the Prison Service (as with other States departments) is experiencing budget cuts. While we have benefitted from massive investment over recent years to replace most of the buildings that are reaching the end of their useful life, our major Capital budget has been deferred to later years so some of the older buildings will remain on site for the foreseeable future.
Q
What sort of problems does a prison have that houses male and female adults, YO’s and from all different categories, including what in England are Cat ‘D’ prisoners who work outside? Are there any advantages with this model?
A
The greatest challenge is trying to ensure that all categories of prisoner have equal and fair access to the various components of the prison regime. To be honest that’s something we don’t fully achieve. The advantages are in regard to the cost to Jersey for managing all categories of prisoner on a single site but the down side for prisoners is that they are all subjected to the same levels of security with very limited options to operate an alternative regime for those who would probably be housed in a C Cat or D Cat prison in another jurisdiction.
Q
With the pending smoking ban throughout the UK estate, Guernsey Prison has been the first prison to test and introduce E Burn, the e cig that has been designed specifically for use in prisons. Trials are now also about to take place in English prisons. Do you have any plans for such a ban in La Moye and if so will you introduce these alternatives?
A
I note that a number of prisons, including Guernsey are permitting access to electronic cigarettes but I have resisted this approach at present as this is not a licensed product. I am content to monitor the response elsewhere at this stage and have no immediate plans to move to a smoking ban.
A To ensure that each prisoner only has access to their own issue of paid letters and for security purposes.
Q We cannot make complaints to anyone higher than a Wing Manager and most complaints fall on deaf ears so why can we not have proper responses to our complaints?
A There is no National Health Service in Jersey and everyone has to pay a high cost for dental treatment. Consequently, free access while in custody is restricted to essential treatment only. Q We have a Board of Visitors who are also the Jurats that sentenced me so how can I expect to get any impartiality with any complaint I make to them? A The Board members always try to ensure that they have had no involvement in a prisoner’s case before dealing with a complaint. However, the composition of the Board is under review and it is likely this will change in the future. Q As La Moye is a UK based prison surely the 50% remission available to other UK prisoners should be available - why is this not applied? A La Moye is not a UK based prison and we are subject to different legislation. A Ministerial decision would be required to change the administration of remission.
A Simply not true. The Complaints proce-
Q Why can we not get transferred to UK and other European prisons to be close to our families?
Q The dental care in La Moye is outdated and we only get pain relief. Why do we not get good dental treatment?
A It is open to any prisoner to apply for transfer to the UK or for repatriation to a home jurisdiction that is out with the UK. While movement to England has been restricted over the past 18 months due to overcrowding, we nevertheless transferred 12 - 15 prisoners over this period.
dure facilities escalation to a senior manager, an Internal Complaints Panel and to Governor, notwithstanding access to the Board of Visitors.
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Comment
Insidetime November 2015 www.insidetime.org
I
have a simple belief that guides everything I do in politics.
On too many occasions, our prison system fails to rehabilitate, it fails to reform, it fails to ensure criminals are prevented from offending again - and again - and again. And when criminals leave prison only to offend again then our society is less safe.
Every life is precious.
We know that justice delayed is justice denied, and we also know that the rule of law is the surest protection the weak have against the aggression of the strong. It is the cement of civilisation. So we cannot allow it to crumble.
If we are to protect ourselves - and the most vulnerable in society - from brutality, from violence, from exploitation, then we need to ensure that we turn criminals away from crime. And that means a new and unremitting emphasis in our prisons on reform, rehabilitation and redemption.
And no-one wants reform more than those who live and breathe the law - the judges, the lawyers and court staff whose vocation is justice and whom we should thank for their work. They help ensure that Britain is the country the world wants to come to, to settle its disputes. We have an unparalleled global reputation as the home of honesty, due process and fairness. And that reputation is built on the foundation stone of our common law. The liberties which define what is to be British - freedom of speech, freedom of association, freedom from arbitrary imprisonment - are ancient rights safeguarded over the centuries by our courts and our Parliament. Which is why I want our courts and our Parliament strengthened to defend our ancient rights and safeguard our precious liberties. But while we can take legitimate pride in our traditions of freedom, we should not ignore the failures in our criminal justice system. And the biggest failure of all is the failure in our prisons. There are many good people working to help offenders - idealistic governors, committed prison officers, chaplains and charities, volunteers and visitors. We owe them a lot.
Prison should offer individuals a chance to change their lives for the better. Yes, they’ve done some terrible things. They broke the law, they crossed the line, and no moral society can tolerate law-breaking without punishment. But we should never define individuals by their worst moments. None of us - none of us - would want our identity and our future determined by our worst moments. And we should not compel those who have made mistakes to live lives forever defined by those mistakes.
“...the biggest failure of all is the failure in our prisons”
Committing an offence should not mean that society always sees you as an offender. Because that means we deny individuals the chance to improve their lives, provide for their families and give back to their communities.
Justice Secretary Michael Gove addressed the Conservative Party Conference 2015 in Manchester on 5 October. Here is an extract from his speech
As we reflect on the fate and the future of those individuals who have made terrible mistakes we should acknowledge that many will have grown up in terrible circumstances. We know that many of those in prison have
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Insidetime November 2015 www.insidetime.org grown up in poverty, in broken homes and fatherless families. l Three quarters of young offenders in custody had an absent father. l 41% of prisoners observed domestic violence as a child. l 47% have no school qualifications at all - not one single GCSE. l And prisoners are twelve times more likely than the rest of the population to have been taken into care as a child. Now, of course, many young people who grow up in tough circumstances go on to lead exemplary lives. But their success is all the more admirable because growing up in a home where love is absent or fleeting, violence is the norm and stability a dream is a poor preparation for adult life. We know that if children grow up in homes without moral boundaries, strong role models and someone who cares for them enough to teach them the difference between right and wrong they are more likely to make bad choices. We want to intervene as early as possible to help individuals make the most of their lives. But when people do falter and fail we should also offer them a second chance. My inspiration as I consider what our reforms to criminal justice should be is Winston Churchill. He argued that there should be “a constant heart-searching by all charged with the duty of punishment, a desire and eagerness to rehabilitate and an unfaltering faith that there is a treasure, if you can only find it, in the heart of
every man.” Giving every individual the chance to reflect in their heart on the wrong they have done - and to change for the better - will be at the heart of our prison reform programme.
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Review of education in prisons Dame Sally Coates writes:
Critical to that is recognising that we should not treat prisoners as society’s liabilities who we keep warehoused - out of sight and out of mind - while they do their time. We should see them as potential assets - people who can contribute to society and put something back.
I am delighted to have been asked by the Justice Secretary to lead a review into the provision of education in prisons. I passionately believe that prisoners should be entitled to access good quality learning opportunities that will support their personal development, rehabilitation and employment on release.
Prison should offer offenders the chance to get the skills and qualifications which they need to make a success of life on the outside. When so many come into custody illiterate and innumerate it would be a crime if we didn’t get them reading and writing when they are in our care.
To inform my thinking about options for reform I would like to invite the submission of evidence from anyone who has thoughts to contribute in relation to how the provision of education for adult prisoners (over 18s) can be improved. I welcome submissions on behalf of an organisation or direct from individuals (including current or former prison learners).
Far too often at the moment those sent to prison spend their sentences in pointless enforced idleness rather than purposeful and constructive activity. That has to change. The cause of prison reform should inspire us not just because Conservative values can rescue broken lives but also because social progress has always been a Conservative cause. Let us take that reforming zeal into the dark corners of our prison system and bring redemption to those who were lost. Let us ensure our prisons are places of hard work, rigorous education and high ambition. Let us free our prisons of drugs and violence and make them places of decency and dignity, hope and purpose.
This survey asks questions in relation to key lines of enquiry for the review. You may want to give views on all or just some of them. If you have other ideas outside the framework of these questions there is the opportunity to provide these. I look forward to hearing from you.
1. Please state your prison. 2. What do we need to change in order to ensure that education and training provision meets the needs and interests of all potential prison learners? 3. How could we better incentivise prisoners to participate in education? 4. How could we better assess and measure the performance and effectiveness of prisoner learning? 5. What are the most effective teaching and delivery models for education in prison settings? 6. How could we make best use of different prison environments and facilities to deliver education? 7. What is the potential for increased use of technology to support better prison education? 8. What needs to change to enable technology to deliver this support? 9. How could we further improve teaching standards and continue to recruit and retain the best quality teachers in the prison estate? 10. Who should be responsible for commis-
sioning prison education, and who should be accountable, for its effectiveness and impact? 11. Assuming they are not commissioners, how can organisations such as employers, community rehabilitation companies, local colleges, universities and the voluntary sector, contribute to improving the curriculum, education outcomes and employability of offenders on their release? 12. Are there any examples of good practice from the delivery of education in other countries we should seek to apply or introduce here? If so please give details below: 13. Is there anything further that you would like to add that may fall outside of the scope of the previous questions? Please fill out on a sheet(s) of paper and post to: FREEPOST Prisoners’ Education Trust As part of the call for evidence you are asked to complete this short survey by no later than Friday 13 November 2015. For people who are not prisoners with access to the internet. The survey can be filled out by visiting: www.surveymonkey.com/r/PrisonEducationReview
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Education
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How do I apply to PET? You will usually need to have level 2 qualifications or above depending on the course you’re applying for. This is important because it shows us you’ll cope with the reading and writing required for coursework. You must have enough time to finish too so we usually expect applicants to have at least six months left before release. Unfortunately, we can’t fund people on remand. Ask your education department for help applying to PET. They should have our forms, which you need to fill out in full with details of your previous qualifications along with a full page letter explaining why you want to study with us, and the application must be signed off by prison staff. You must complete each course at a time before re-applying, but you can apply as many times as you like.
Applying for study with the Open University If you would like to try higher level study through distance learning before committing to a full degree, PET can fund Access Module courses.
To apply you must
Prisoners work with staff to decide which OU course suits their needs best. Open University working with prisoners in the education department at HMP Featherstone.
© prisonimage.org
Learning in prison Rod Clark, Chief Executive, Prisoners Education Trust, writes: Over the next four pages you will read examples of prisons and individuals going the extra mile to support learners. Here, I will tell you about the opportunities we offer at Prisoners’ Education Trust. For more than 25 years we have helped people in prison achieve their potential through learning. Whatever you are interested in - on the job training, updating your current qualifications, doing something creative, learning a language or higher education - it is possible to do this in prison through distance learning. Rod Clark Prisoners Education Trust, Chief Executive
will receive the same qualification as in the community. If you are transferred to a different prison or are released you can still continue with your course.
What is distance learning?
Learners’ top course picks
If you want to study beyond level 2, distance learning allows you to study at a range of levels, including GCSEs, A-levels and degree Access courses. The higher level the course, the more demanding it is, but the impact on your life could also be greater.
1. Drug & Alcohol Abuse Counselling 2. Business Start-Up 3. Personal Trainer NCFE Level 3 4. AS Level Psychology 5. Science, Technology and Maths Open University Access course
Course materials and project work will be sent in by post to you. Some courses include CDs or DVDs, or other relevant materials, subject to prison approval. You can study in your cell and in many prisons in the library or your education department. A personal external tutor will mark your work and give you feedback by post. If you are studying with The Open University (OU), you may have telephone calls or meetings with your tutor and specific deadlines. But with many courses you complete your work in your own time and you
What can PET offer? PET is one of the biggest charities helping prisoners to study courses in subjects and levels not otherwise served by prison education. Each year we fund approximately 2,000 prisoners across England and Wales. We also offer advice. PET’s 2015 Distance Learning curriculum offers both learners and staff a guide to courses we recommend on the basis of the feedback from learners and on how well recognised they are by employers. There is a really diverse range of courses including anything from GCSE Travel and
Tourism to Bee-keeping Management, aiming to inspire as many people as possible to learn something new. The curriculum should be available in prison libraries or with education departments but if you cannot find a copy, please write to PET’s advice manager, John Lister and we will send you one.
l Be within 8 years of your earliest release date; l Identify which qualification you are working towards; l Explain your motivation and eligibility to commit to on-going study via a student loan; l Confirm your UK residency for the past three years prior to your sentence. To study for a full degree you must contact the OU for information about how to apply for a student loan to pay for the course.
Is there a limit on the size of grant? PET rarely awards a grant of more than £500. If the course costs more, additional help may be available from other charities. PET asks the prison to contribute 10% of the course fees. You can also make a personal contribution, which may increase your chances of getting funding.
If you would like advice or funding to study a distance learning course or tell us about your experiences of prison education - write to FREEPOST Prisoners’ Education Trust (PET) or call 0203 752 5680.
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The Prisoner Learning Alliance Conference 2015 The Prisoner Learning Alliance’s (PLA) second Annual Conference was held at Leeds Beckett University on Friday 11th September. The event, organised by Prisoners’ Education Trust, which set up and provides Secretariat for the PLA, launched with an exclusive filmed message from the Justice Secretary, Michael Gove MP, followed by a rousing speech from Nick Hardwick, Chief Inspector of Prisons, and included contributions throughout the day from prison staff, organisations and academics working in prisons and ex-prisoners. The event was kindly hosted by the PRisON research network. Here, we report back on the day’s highlights:
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gave up on me and I passed the NVQ level 2 in Hospitality”. The nominee also nominated Liza-Ann, her Maths and English teacher, who by showing her “bit by bit” helped her through her entry level and level 1 Literacy and Numeracy qualifications. She said: “If it wasn’t for Liza I never would have believed in myself and now I am a mentor in her class teaching others.” The PLA awards committee was impressed that both teachers have changed the learner’s attitude to education: “They are special tutors that stand out from the rest. They go out of their way to make you want to come to education to learn.” Other winners were: Janet Bowen, Maths teacher, HMP Low Moss; Inigo Garrido, Prison Teacher, HMP Shotts; Mr. Gallagher, Business teacher, HMP Wakefield
ustice Secretary Michael Gove followed comments he made in July about the importance of education with this message: “I don’t think there is anything more important than making sure that when we have people in our care, in custody, that we give them an opportunity to change their lives for the better and nothing is more central to that act of rehabilitation or redemption than education… Having visited prisons and seen the impact that education can have on offenders, one of the best ways of providing people who’ve perhaps made wrong choices in the past with the right path in the future is high quality education.” The Justice Secretary also said despite some examples of good work in individual places, more needs to be done to improve education in prison overall and that is why he has launched a new review. The Coates Review is supported by a panel of experts, including Rod Clark, Chief Executive of Prisoners’ Education Trust (PET), who will bring to the discussion the views of its prisoner learners and the PLA’s 23 member organisations. Mr Gove added: “This is an opportunity to transform education for the better and to give thousands of individuals for whom we’re responsible a new start in life.”
What does an ‘Aspirational Prison’ look like? Discussing the idea of an ‘Aspirational Prison’, Mr Hardwick spoke about the importance of education happening across the whole prison, not just in the classroom, so that all staff are working together to encourage people to learn and do something positive with their time. He gave an anecdote about two prisoners who, for seven weeks had ‘nil work’ because they had refused to engage in work or education and staff had given up on them. He then compared this to fly-on-the-wall reality TV show ‘Educating Cardiff’ where a teacher, Mr Hennassey, goes to great lengths to get a
student to school and sit her GCSE exams. He said: “An aspirational prison refuses to write people off. They don’t give up on people who others have given up on before.” Mr Hardwick then talked about the importance of having high expectations of the behaviour and the capability of prisoners. He said that an aspirational prison is one that treats learners with respect, recognises achievement, facilitates progress and helps prisoners to take control of their own lives. The Chief Inspector then highlighted some examples of effective art and sports projects that successfully engage prisoners, such as Good Vibrations or prison-run five-a-side football teams where prisoners referee games. Finally, he said that prisons should manage security risks but ensure that they are making good use of technology and Release on Temporary License (ROTL).
PLA’s first Awards for Outstanding support for learners The Chief Inspector’s comments were particularly fitting when followed by a series of powerful nominations written by prisoners who had voted, via Inside Time, for ‘Outstanding’ teachers, prison officers, individuals and prisoner mentors who were recognised as part of the PLA’s inaugural awards ceremony. Mr Hardwick presented the first of the day’s winners with prizes of prisoner-made goodies including cakes from the Bad Boys Bakery at HMP Brixton, luxury soaps made at HMP Eastwood Park and jam from HMP Parc. Outstanding Teachers: Two winners, LizaAnn McAllister and Amanda Leadbitter, teachers at HMP Low Newton, were both nominated by a woman who went to prison unable to read or write. Despite confessing to being “a nightmare” in class the nominee says of Amanda, her first teacher: “(she) never
Outstanding Officers: Another prisoner describes the support he has received during his life sentence from Officer Clive Vincent, HMP Erlestoke. He helped the nominee achieve a 2:1 BSc Hons degree with the Open University in Earth Sciences and Environmental Development an after that he helped him to keep progressing. He writes: “In these depressingly austere times; in a prison system riven with difficulties, Officer Vincent remains a beacon of light and hope.” Officer Dodkin, HMP Isle of Wight, Albany was also awarded for her leadership in getting The Shannon Trust reading scheme up and running. The nominee praised her: “tremendous encouragement to all of the mentors involved whilst maintaining a truly professional role as a prison officer.” Outstanding Individuals: Learning Centre Manager Hazel Lynn, HMP Glenochil, was nominated by a prisoner for her work organising events to celebrate achievement, including an event for peer mentors and mentees, an annual Koestler award show and a revue show to showcase talent and work. The nominee adds that Hazel and her team celebrate the creative arts and this is encouraged “as a Continued on page 30
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Education
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Engagement and progression workshops Throughout the PLA Conference, an audience of 125 practitioners, including prison staff, teachers, education managers, Heads of Learning and Skills and charities or businesses delivering learning programmes in prisons, took part in eight specialist workshops to share good ideas about what works to encourage learners and help them to progress with their goals. Here we bring you some of the highlights: Continued from page 29 gateway to more formal qualifications.” Sharon Von Holtz, HMP Grendon, Open University Co-ordinator and Jenny Hunter, HMP Shotts, Health Improvement Practitioner also received awards.
ship, and partnership with local agencies helped to foster a high standard of behaviour expected of prisoners. The presentation ended with feedback from Ofsted who said: “Learners are confident, well prepared and in a strong position to take control of their lives.”
Outstanding Peers: The final three winners, were prisoners Craig, HMP Shotts; Leon, Peer Mentor, HMYOI Aylesbury and Marcus, Peer Mentor, HMP Swaleside. The PLA offered each prize winner a book of their choice and one of them selflessly asked us to donate to the Macmillan cancer charity instead. Craig was nominated by someone who read an article he wrote for June’s Inside Time about his experience as a gay man in the Scottish prison system. The nominee writes: “I have learned a lot from him and surely getting people to talk in depth about a taboo subject is a good thing. I was one of the people who didn’t understand, but reading what he wrote gave me a chance to walk in his shoes and realise I needed to be more tolerant.” Leon, Peer Mentor, HMYOI Aylesbury was nominated by his mentee James, who writes: “I personally hated education until Leon said I would enjoy and benefit a lot from a course he does.” He adds that Leon made learning fun and easy and has inspired him to study for NVQs in professional cookery when he leaves prison. The final winner, Marcus, collected his award in person, after he was escorted by an officer to the event. The audience, which included his family, heard how he devotes his time to motivating other prisoners who are struggling with their studies. Marcus was nominated by two prisoners one of who are now excelling in education thanks to his support.
What is prison education for?
Achieving excellence: Conference speeches Throughout the event, the audience heard inspirational presentations from prison staff including HMP Hollesley Bay’s Regional Manager and Education Manager about how they obtained an 'Outstanding' Ofsted grade. Perfectly illustrating Hardwick’s argument about the importance of a whole prison approach and cross-departmental team work, Irina Hodkinson and Louise Chapman spoke about the support they had from the Governor, senior managers and officers to ensure learning and skills was inclusive throughout the prison. Chapman said this strong leader-
After an interactive session with the audience which asked this critical question the PLA captured their responses into a ‘Wordle’, a visual representation of their feedback, and this was discussed by our final panel, “in conversation with the experts” chaired by Eric Allison, The Guardian. Each panellist talked about their respective experiences of learning in prison. The discussion kicked off, with Eric Allison asking whether any words weren’t represented and he said for him, the missing word was 'freedom', freedom of the mind, as he said "education opened up my mind". PET alumnus Nathan said 'awareness' is crucial for him, as prisoners need to have greater awareness of what’s possible and the self-belief to work towards qualifications and a new future. Nathan, who is now a manager for RAPt, said that he had studied a range of courses in prison and beyond, throughout his career that gaining high level qualifications has changed his life, so he advocated for meaningful courses in prison as education 'costs peanuts compared to a life of crime'. Paddy said that for him, education gave him empathy: “Before I didn’t care about anyone else or myself. I though I was broken. I care about people now and I care about myself.” Karen, who now works in East Sutton Park after she left the prison, talked about the importance of empowering individuals to change themselves. She also talked about 'family' as a missing word and said how in women's prisons in particular, the ability to connect with family is vital to a person's rehabilitation. Finally Karen said: "Education needs to be relevant to each individual - not a blanket approach. We need to take time, one to one, to understand each person." Feedback from attendees revealed that the final panel was one of the most popular sessions, as one Curriculum team leader and tutor said: “The highlight was hearing the ex-offenders and seeing the awards. As a result I am going to motivate my team to remain inspirational, continue to develop the curriculum and listen to learners more.”
If you would like advice or funding to study a distance learning course or tell us about your experiences of prison education - write to FREEPOST Prisoners’ Education Trust (PET) or call 0203 752 5680.
been established there has been a large increase in the numbers of distance learners from 10-20 learners in 2010 to more than 150 learners currently. The team’s vision is to: develop confidence and skills, aspirations, meaningful employment and entrepreneurial skills. Central to the success of the initiative is a team of five dedicated and committed professional staff members who offer one-toone advice. Rumblelow says: “Understanding individuals is very important: the ethos of the college is grounded within individual advice, throughout their application process and studies, helping them gain qualifications to support individual future careers.” In April, Parc hosted its first open day, where local education providers from the community came to speak with learners. Afterwards two learners were offered places in adult community colleges and a further ten have started their applications to enrol.
Engaging people with learning disabilities and difficulties This workshop highlighted the fact that large numbers of students in prison have learning disabilities and difficulties and that unfortunately many of them find that prison education practices don’t support their needs. This practical session led by two organisations, KeyRing and Genius Within gave participants an insight into the needs of these students and some simple ways to adapt their practices to better support them. Some learners find it difficult to understand other peoples’ points of view, it can be challenging for them to understand how their behaviour triggers responses from others and also to pick up behavioural cues from others. Asking clear and direct questions and allowing these students additional processing time is important. Patience is key. One thing that many students find challenging is known as ‘working memory’, or the ability to retain and process information when working out a problem. One key aspect of the workshop involved using a range of interactive tasks to help people identify the challenges of working memory and how to encourage learners to find individualised coping strategies to support, develop and improve their own working memory.
How to support progression into Further and Higher Education In a session delivered by Teresa Rumbelow from HMP Parc, G4S, talked about how they support distance learning at the prison and organise events such as an FE Fair. In the five years since the education department has
Progression routes for peer mentoring This workshop heard presentations from Professor Rachel Dixey, Leeds Beckett University, Andrew Brookfield, Mentoring Befriending Foundation/NCVO, Danny Bramley, Head of Learning and Skills, HMP Dartmoor, and Paul, former Senior Peer Mentor at the prison. Prof. Dixy’s research, published in June 2015, identified a wide range of schemes being used in prisons. The project found key to improving health is education and that positive benefits of these schemes included the development of mentors’ soft skills and empowerment. Brookfield spoke about ways to support peer mentors to progress and gain useful experience. He said for good systems to be in place there should be: clear role descriptions, progression opportunities, effective screening and selection processes, comprehensive training, regular support and supervision. Bramley focused on the Mentors at Dartmoor scheme, who he said were ambassadors. At Dartmoor, staff work hard to identify talent at induction, looking at prisoners’ employment histories
Education
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and via recommendations from tutors and instructors. They offer a well structured, supported and accredited mentoring programme. There are 70 mentors who supplement the work of Weston College staff, and on evenings and weekends this is particularly effective as they can provide wing support when education staff are not there. The scheme has been so successful that 17 out of 19 mentors who have been released have got jobs outside.
Supporting progression into employment This workshop included a presentation from Mark Sillery, The Clink Restaurant, about how the organisation has helped to reduce reoffending by providing prisoners with training in real work environment and offering support on release. They employ about 30 people per project in their four restaurants and in their gardening project at HMP Send and to date, 800 prisoners have been trained since 2009. In the Restaurants at Brixton, High Down, Cardiff and Styal prisoners gain level 1 and 2 catering qualifications, experience of team work and customer service and practical training in fine dining. Another objective for The Clink is to change the public’s perception of prisoners and after it beat nearly 1,000 restaurants in Cardiff to get the highest rating on the website Tripadvisor, it is clear that is happening. And once they leave prison, 85% of The Clink’s graduates have gained employment with businesses such as Carluccio’s, Wahaca, National trust, Hilton and Thistle hotels.
Paul, described his experience as a senior mentor at HMP Dartmoor: “I spent two and a half years at Dartmoor, doing a range of courses up to level three. I worked as a mentor for two years, helping to teach the mentoring course and progressing to Senior Mentor Development Assessor and helping Dartmoor to acquire the MBF accreditation. Because of the accreditation, the prison has really good mechanisms for supporting mentors and for holding supervision. The mentoring project practically runs itself, with four senior mentors who support the rest of the team of mentors. “If it wasn’t for the mentoring project, I would not be standing here today talking to you all…it has really helped to build my confidence. I have recently been released and am looking to possibly work with ex-offenders in
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Open Academy Nina Champion recently visited HMP Swaleside for the launch of its new ‘Open Academy’ learning wing Nina Champion Prisoners’ Education Trust Head of Policy
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alking around A wing it is easy to forget you are in a prison; instead it feels like a college or university. Book shelves are lined with reference materials and journals. There is a computer room and quiet study spaces and an inspirational wall of achievement. This is the ‘Open Academy’, a wing dedicated to providing an environment and a community to support learning for both prisoners and staff. Governor Sarah Coccia explains that as the average stay at HMP Swaleside is six years, prisoners have the time to study a wide range of courses. She said: “Education tends to focus on basic skills but we wanted to provide extra opportunities for learners to punch higher. We wanted to develop a place that prisoners could study, meet other learners, gain skills in research and using a reference library so they feel comfortable in an academic environment when they are released. We expect prisoners to achieve the highest level qualification they can. If they have the potential to do more, then they should have the opportunity. We’ve still got work to do, but we are on a journey to develop a learning culture.” It was set up thanks to a lot of hard work and commitment across the prison, from the Governor, staff, prisoners, The Manchester College education department and The Open University (OU), who donated lots of resources after closing a library locally. Prison staff are also welcome to use the facilities and one officer is looking forward to starting a new OU course and will be studying side by side with prisoner learners. The space will be particularly helpful to learners awarded funding by PET to study
distance learning courses, such as NVQs, Alevels and OU Access courses. As Malcolm Whitelaw, Head of Learning and Skills, said: “We don’t want just OU students on the wing, but anyone who is engaged in learning and wants to be part of a community of learners, and live, work and study in a learning environment. We are trying to establish a college-type environment within the prison and a learning community. Lots of people do want to change. We want to show people change is possible if you provide an environment that makes change is possible.” In addition to staff, prisoners helped to design the ‘Open Academy’, from developing the idea to decorating the space and they will continue working as mentors to help each other with distance learning. One of the masterminds behind this initiative was Anton. In front of a packed room, including his family, he said: “I went to a school in East London where only 11% of students got 5 A-C passes at GCSE. It’s not an excuse. I had a choice but I made the wrong choice and fell easily into a life of crime. I am now six years into a twenty year sentence. I thought what an earth am I going to do when I get out? An officer said to me, you have twenty years to plan and prepare for that day. I decided to get myself fit and healthy and to educate myself to the highest level I can. How does education help us and others? I feel confident. I have self-worth and I’m more employable. I have pride and I am responsible. With the Open Academy we want to develop a positive place where we can educate ourselves. This wing will help us to help ourselves and then help others.” Anton’s speech clearly moved the audience, which included Baroness Floella Benjamin, who congratulated him on his speech and added: “Once you have education, no-one can take it away. Doors will open. You will start to be somebody”.
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25 years of news and views behind bars On Monday 2 November 2015, Inside Time editor Eric McGraw will be giving PET’s Annual Lecture at 6.30pm, Clifford Chance, in Canary Wharf London. Prisoners’ family or friends, prison staff and anyone working or volunteering in criminal justice organisations can book FREE tickets via www.prisonerseducation.org.uk. We’ll report back on this event to readers next month.
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Drink and Drugs
Insidetime November 2015 www.insidetime.org
Inside Drink and Drugs News Drink and Drugs News (DDN) is the monthly magazine for those working with drug and alcohol clients, including in prisons. In a regular bi-monthly column, editor Claire Brown looks at what’s been happening lately in the substance misuse field
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ver the past few years we’ve been hearing more from the Global Drug Survey (GDS). Its founder, Adam Winstock, a psychiatrist, addiction medicine specialist and researcher, set it up to collect data on drinking and drug use and it’s fast grown into the world’s most comprehensive independent survey of drug use - and a fascinating resource. Through secure and anonymous apps called Drugs Meter and Drinks Meter, accessed through the web or their smartphone, people can enter their experiences and compare their use (and risk) levels to others and learn how they can reduce the risks to themselves. In our latest issue of DDN, Adam shared his findings about risky new versions of cannabis and said that he’d been trying to find out why something so comparatively unpleasant was replacing the real thing. One new, potent form of cannabis is butane hash oil (BHO) - also known as shatter, honey and wax, which was reported by 2,500 users to be stronger, last longer and take effect more quickly than high potency cannabis. There are also other synthetic cannabis products out there which are far more risky than natural high potency weed, with at least a 30 times higher likelihood of leading to emergency medical treatment. So why do people use them? For some, it’s down to the economics says Adam. He
describes bumping into a guy in a head shop in London who was buying a version called cherry bomb, paying £25 for 3gm. He asked ‘wouldn’t you rather smoke some nice weed?’ and received the reply: ‘Yeah, I’m a weed man, but I only get three spliffs from a gram. I can get 25 spliffs out of this. I use it to sleep saves on my use of nice weed.’ Two minutes later a mother in her 30s walked in with her young son and bought her ‘usual’ - three blueberry bags. ‘So it is out there and people are using it,’ says Adam. ‘And sometimes users end up in the ER room, agitated, sweaty, paranoid and psychotic’. He also worries about synthetic cannabis putting young people at further risk of schizophrenia, with all we know about the damage early cannabis use can cause to developing brains. ‘I have to remind them,’ he says, ‘before you try and expand your brain, let it grow.’
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In the news… Last year saw England and Wales register the highest number of drug poisoning deaths since records began more than two decades ago, according to figures from the Office for National Statistics (ONS). There were 3,346 drug-poisoning deaths registered in 2014, almost 70 per cent of which involved illegal drugs. Deaths involving heroin and morphine increased sharply between 2012 and 2014 from 579 to 952 - while deaths involving cocaine also jumped dramatically, from 169 to 247 in the space of a year.
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An inquiry into the impact of alcohol-related incidents on the emergency services has been launched by the All Party Parliamentary Group on Alcohol Harm. Alcohol-related harm costs the NHS an estimated £3bn per year and puts intense pressure on services, particularly at weekends. A central objective of the inquiry will be to ‘build a clear picture’ of the time and resources lost to alcohol, said group chair Fiona Bruce MP.
.................................................. l Alcohol setback
The Scottish Government’s plans to introduce minimum unit pricing for alcohol could potentially breach EU free trade laws, according to an initial ruling by European Court of Justice advocate general Yves Bot. While the move would not be precluded by EU legislation, it would be legal only if it could be proven that it was the most effective public health measure available, he stated.
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l Psychoactive confusion
The Psychoactive Substances Bill needs to be reworded in order to avoid ‘serious unintended consequences’, says the ACMD. While the ACMD broadly supports a blanket ban on NPS it would be ‘almost impossible’ to list all the desirable exemptions as the controversial bill currently stands, said chair Professor Les Iversen.
.................................................. l Stop smoking
Using e-cigarettes is around 95 per cent less harmful than smoking tobacco, according to a Public Health England (PHE) review. The devices can be a useful tool for helping people quit smoking, says the document, with no evidence ‘so far’ that they act as a gateway to smoking for children or non-smokers. Some commentators, however, have questioned the document’s conclusions.
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l Emergency enquiry
The latest video link interview facilities are available to speed up the processes and avoid delay in having your concerns addressed. Write to Mark Bailey Bailey Nicholson Grayson Solicitors 15 Bourne Court Southend Road Ilford Essex IG8 8HD or call
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l Drug deaths up
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The decision has been seen as a significant setback to the government’s plans to curb cheap, high-strength alcohol.
l Black books
The government has reignited the debate over whether benefit entitlement should be linked to accepting treatment, with the publication of its review by Dame Carol Black. The review will look at the ‘legal, ethical and other implications’ of linking benefit entitlements to the take-up of treatment, with a final report to be published later this year.
.................................................. l Mixed picture
Last year, 38 per cent of 11 to 15-year-olds reported that they had tried alcohol at least once, according to figures from the Health and Social Care Information Centre (HSCIC), the lowest proportion since the survey began. While this ‘downward drift’ was encouraging, however, those who were drinking were drinking more, stressed Alcohol Concern. ‘Looking at the broader picture it’s a case of more alcohol down fewer throats,’ said head of policy Tom Smith.
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Drink and Drugs
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HRH the Duchess of Cambridge pays first visit to a prison HRH the Duchess of Cambridge joined addiction charity RAPt for her first ever visit to a prison in September. The Duchess visited HMP Send in Surrey to see one of their prison based treatment programmes in action. become addicts and prisoners. They told her how the RAPt programme was helping them to overcome their addiction and become drug, alcohol and crime free. The Duchess said of her visit, “I was reminded today how addictions lie at the heart of so many social issues and how substance misuse can play such a destructive role in vulnerable people’s lives. I saw again today that a failure to intervene early in life to tackle mental health problems and other challenges can have profound consequences for people throughout their lives. I am grateful to the women I met for sharing their difficult personal stories with me. It is encouraging to learn how organisations like RAPt are offering specialist support to help people break the cycle of addiction and look forward to a positive and crime free life.”
HRH The Duchess of Cambridge meeting staff and residents from the RAPt programme at HMP Send.
Hannah Fox Director of External Affairs - RAPt (Rehabilitation of Addicted Prisoners Trust)
S
he met Lacey, who used to be a prisoner at HMP Send and took part in the RAPt programme in 2008. Lacey moved to an open prison in 2012 and was released in 2014. Lacey told the Duchess about her journey to recovery and the part that RAPt played in helping her overcome her addiction. She is now a Programme Manager for User Voice, a charity that works with ex-offenders and service providers to bring about positive change within the criminal justice system. She has returned to HMP Send for work a couple
If you are interested in finding out more about RAPt, or in applying to attend one of our treatment programmes in prison, please contact your Drug and Alcohol Practitioner.
Some of the treatment services available from RAPt: The Bridge Programme: A full-time, six week, abstinence-based 12-Step programme for men with a history of drug dependence who are serving shorter sentences. Located at: HMPs Elmley, High Down, Highpoint, HMPYOI Stoke Heath Alcohol Dependency Treatment Programme The only accredited six week programme aimed at those with a history of alcohol dependence in the prison system. Located at: HMPs Bullingdon, Elmley, Highpoint, The Mount Substance Dependence Treatment A 16-21 week, full-time, abstinence-based 12-Step treatment programme, aimed at those with a history of drug dependence. Located at: HMPs Brixton, Bullingdon, Erlestoke, The Mount, Rochester, Send, Swaleside, HMP Wandsworth, Wayland
of times, got married last year and recently found out that she is expecting a baby. Lacey said: “If it wasn’t for the RAPt programme and the support they have given me since, I would not be living this life I am now - one that is beyond my wildest dreams.” The RAPt programme at HMP Send is the only intensive, 12-Step, prison based drug and alcohol programme for women in the country. The 16-21 week programme is based in a standalone unit where the women live. However, RAPt does run a number of treatment programmes in men’s prisons, where prisoners can get referred. During the visit the Duchess heard from some of the women prisoners about how they had
Did you know… • that you can receive compensation for a delayed parole review even if you did not have a realistic prospect of release/transfer to a D category prison? • that prisoner with disabilities should have equal access to education and employment and can enforce their rights? • that random, unjustified use of handcuffs could be an assault and give rise to legal action against the prison service? • that Kesar & Co Solicitors can assist you with prison law, mental health, personal injury, clinical negligence, immigration problems and other legal matters? 2nd Floor, 20-25 Market Square, Bromley, BR1 1NA
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Art
Insidetime November 2015 www.insidetime.org
‘Is it only in China that prison is shocking?’ by Christine Felix
I
went to the Royal Academy for the blockbuster exhibition by the Chinese artist Ai Wei Wei. In the courtyard is a forest of dead trees put together from the limbs of other trees. The Royal Academy persuaded the public to donate over £100,000 to ship them from China. Ai Wei Wei transforms old materials of Chinese culture with skilled artisans in his workshop. Old bones are made from porcelain, handcuffs carved in jade and a surveillance camera carved from marble. Old furniture and new is spliced together.
Because of Ai Wei Wei’s campaigning the government closed down his blog, knocked down his new workshop and in 2011 arrested him for alleged tax evasion. He was held for 81 days at a ‘secret location’. Ai has recreated six models of his cell half actual size called SACRED. The iron boxes are populated with figures of himself eating, sleeping, in the shower, on the toilet, under constant watch by two guards. You peek in through slots. I was both fascinated and repelled by the depictions of the artist's prison cell.
voyeur. Why so uncomfortable? I found the concept interesting. Tiny details held my attention - clothes arranged neatly, cleaning materials in the shower room and the single handcuff on the arm of the chair. Putting myself in the mind of the observed rather than the observer, I realised it was the relentless surveillance that disturbed me, and with it the lack of privacy and loss of dignity.
I looked through each slot two or three times. But I could only manage a few seconds at a time, so uncomfortable did I feel in my role as
Ai Wei Wei is better known here for his outspoken criticism of the Chinese government than his art. His father was an intellectual and poet exiled with his family to a remote labour camp “and forced to clean public lavatories for nearly twenty years”. How does Ai’s experience compare with that of prisoners here? Do the spectators know what it is like in prisons a few miles down the road? Do they care? I try to engage them. But they are absorbed in their headphones and the smartphone guides to the exhibition.
At the heart of the exhibition is “Straight”, a huge, rippling carpet of 90 tonnes of rusty steel rods recovered from the Sichuan earthquake which killed 90,000 in 2008. With no transparency about causes or how many died, Ai’s team collected the names of 5,000 school children, carving their names on the large white plaques on the walls. In the hush of the gallery the scale is overwhelming. All these children should be racketing around the school corridors, bursting out of the doors to go home, laughing or shouting. Not silenced.
Ai Wei Wei’s arrest and imprisonment sent shockwaves through the art world. Is it only in China that prison is shocking? The iron box prison cell installations at the Royal Academy
Christine Felix, a supporter of New Bridge Foundation.
36
Terry Waite Writes
Insidetime November 2015 www.insidetime.org
From over the wall
that you are telling them a story. The secret is to write about something you know. If you have pen and paper, well the same method applies. Don’t worry about crossing out or poor spelling. You can always correct later. Some people like to learn a new word daily. That does not appeal to me but it does to some and if you have three years left to serve you should come out over 1000 new words better off!
Terry Waite writes his monthly column for Inside Time
If you can find the library open these days, try reading some of the books that former prisoners have written. There are so many and at the end of this article you will find a list compiled by the editor of some of the books you might enjoy reading.
Terry Waite CBE
R
egular readers of this column will know that from time to time I have tried to encourage my readers to write. It is a fact that there are some extraordinarily talented writers languishing in jail who have no idea that they have a talent for writing. When I was at school I hated writing. I am left handed and in the days when I sat at a school desk we wrote with a steel nib and on each desk there was an inkwell. This was filled from time to time by an ink monitor. When the pieces of sodden blotting paper that frequently clogged them were fished out, they were used as missiles in the classroom. Until we we were caught that is! Of course there was corporal punishment for this offence and I am afraid that I was caned on more than one occasion. However, the point is that my teachers in those days knew nothing about left-handedness. At first they attempted to get me to write with my right hand and try as I might I could not manage that. When they finally admitted defeat, they let me write with my left hand but insisted that I slope the letters forward in the style of a right hander. Consequently I could hardly write a word without smudging the damp ink. How I hated writing. It was only when my father gave me his ancient Olivetti portable typewriter that I
1. ‘A Few Kind Words and a Loaded Gun: The Autobiography of a Career Criminal’ by Noel Smith, 2. ‘A Life Inside: A prisoner’s notebook’ by Erwin James, 3. ‘In It’ by Jonathan Robinson 4. A Good Man Inside: Diary of a White Collar Prisoner by Will Phillips. could at least make a start. Then I ran into another mistake. My father had the collected works of Charles Dickens. These works appealed to him as, in his youth, my father ran away from home and suffered considerable hardships. Dickens wrote graphically about poverty and deprivation and my father probably identified with many of the stories. I read some of the books and thought that to write well I ought to copy the writing style of someone who had made it. So, using Dickens as a model, I tried. The result? Total and utter rubbish! I spent hours looking for long words to include in my script thinking that this was the way to impress and entice the reader. How wrong can you be? It was years before I received the advice that I have subsequently tried to follow and that is to write simply and don’t use a complicated word if a simpler one will do. Also, write from the heart. Write what you feel. Write as though the reader is sitting
before you and you are speaking to him or her. Also, remember that you will never please everyone with your writing. You discover this if you ever get published and your book appears on Amazon. My latest book is a comic novel about cruising on the high seas and although the majority of reviews are very good there are always those who come up with negative criticism, especially if one writes comedy. Being different we laugh at different things. It takes real genius to make a piece of writing appeal to everyone. When I was in captivity I was denied pen and paper so I wrote in my head. If you, for whatever reason, can’t read or write try this method. Find a quiet spot (if there is such a place in prison) and tell yourself a story. That’s all. It might be about something that you have experienced or something that you know about. If you have young children, imagine
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Oh, before I go. You may have heard that Eric McGraw is retiring from Inside Time after serving the paper for 25 years. Some of you may have met him but the majority won’t have. Well, take it from me, he is a truly great man. He really cares about prisoners and I know from personal experience how he has helped so many. Why not drop him a line to wish him well? If you have never written such a letter before well consider this your first piece of writing. If you are well accustomed to putting pen to paper and if you like Inside Time write and tell Eric what a great job he has done. He will probably be mad with me for writing in the way that I have done about him but he won’t be mad with you! Happy writing. Terry Terry Waite was a successful hostage negotiator before he himself was held captive in Beirut between 1987 and 1991 (more than 20 years ago). He was held captive for 1763 days; the first four years of which were spent in solitary confinement.
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Leave my legal mail alone Nigel Newcomen CBE Prisons & Probation Ombudsman
A
fair trial and access to justice are fundamental human rights. However, for prisoners to exercise these rights, they need to be able to correspond with their legal advisers confidentially. That is why there are detailed rules about how prisons must handle prisoners’ legal and confidential mail. Unfortunately, my office regularly receives complaints alleging that these rules have been breached. This article is based on a Learning Lessons Bulletin I recently published which looked at complaints received from prisoners about the way prisons handled their legal and confidential mail.
What is confidential mail? In line with international and domestic law, Prison Rule 39 requires that a prisoner’s correspondence with the courts and their legal advisers should only be opened if the prison governor has reason to believe that the correspondence includes illicit content or content that presents a threat to prison security or the safety of others.This rule applies to mail that is both sent and received by the prisoner. A Prison Service Instruction (PSI 49/2011) extends this rule to include correspondence with a range of other named bodies, including my office. This is called ‘confidential access’ correspondence. In this article, I will use the term ‘Rule 39 letters’ to refer to both Rule 39 and confidential access mail.
Investigating Rule 39 Complaints Between April 2014 and June 2015, my office completed 32 investigations where the main issue of the complaint was to do with Rule 39 letters. Almost all the complaints were from prisoners who said they had received Rule 39 letters which had been opened or unsealed before reaching them. A smaller number of complaints concerned out-going letters being opened or delayed. One of the challenges faced by my investigators when investigating Rule 39 complaints is that it is very hard to establish when exactly an envelope was opened and by whom. To grapple with Rule 39 complaints, my investigators take a broad view of the prison’s processes and the history of complaints from that prison. For example, one of the important things we will consider is the quality of the prison’s correspondence records. Prisons should keep a record of all Rule 39 letters, from arrival to reaching the prisoner. If problems arise - such as envelopes being damaged in the post or letters being opened by mistake - this should be recorded. When poor record keeping makes it impossible to establish whether Rule 39 letters were handled correctly, this will increase the likelihood that we will find in favour of the prisoner. We will also assess whether staff show understanding of the policy and whether other complaints about Rule 39 letters have been made against the
same prison, particularly whether we have previously criticised that prison about mail handling and required it to improve.
What we found Although there are too many complaints about Rule 39 letters to be in any way complacent, it is perhaps reassuring that, when we found in favour of the prisoner, we generally identified cock-up rather than conspiracy. Most of these investigations found only one-off and occasional errors. Usually, there was evidence of prisons keeping detailed correspondence logs and taking their duty towards Rule 39 letters seriously. In most cases, where a Rule 39 letter had been opened wrongly, the prison accepted their mistake. Sometimes this was acknowledged from the start: the letter was recorded as ‘opened in error’ and this was marked on the envelope. Often prisons, rightly, apologised for their errors. However, to say that the evidence pointed more to human error than deliberate interference is not to minimise the seriousness of the issue. Even accidental breaches of Rule 39 are open to legal challenge. Governors have a responsibility to ensure there are adequate safeguards in place to prevent correspondence being read or otherwise interfered with. Unfortunately, my investigations also found a small number of cases where staff training or processes were not good enough to prevent repeated errors. In one case, the log of all Rule 39 letters received at the prison was poor. It logged Rule 39 letters opened in the Correspondence Department, but not those opened in error in other areas of the prison. We required the prison to rectify this by recording all Rule 39 letters opened, regardless of whether this had happened in the Correspondence Department or elsewhere.
mail stop immediately and that the prison make it clear to staff that these letters can be submitted sealed and can only be opened in exceptional circumstances. Another prisoner complained on a number of occasions about mail from his solicitor, and other confidential access correspondence, being given to him opened. The letters had not been marked ‘Rule 39’, but had clear franking on the envelopes showing where they had been sent from. The staff delivering the letters had signed to confirm the letters had been opened. The prisoner received several responses to his complaints from the prison. These incorrectly stated that they had the right to open any letter not marked ‘Rule 39’. In fact, while it is good practice for the sender to mark the envelope ‘Rule 39’, the PSI is clear that, even if the mail is not marked in this way but appears to come from one of the organisations or individuals covered under Rule 39, then the letters should be treated under the confidential handling procedures. The investigator alerted the prison’s governor to the evidence that staff did not appear to understand the requirements of the PSI. As a result, the governor instructed the Censors Department to improve their processes and to ensure that the staff treat confidential letters correctly, even when they are not explicitly marked Rule 39.
Lessons Confidential access to a legal adviser is fundamental to ensuring a fair trial and access to justice, so it is reassuring that my investiga-
In one case, a prisoner handed in a sealed legal letter to be posted under Rule 39. He was told that all letters had to be handed in unsealed and it was clear, from the various responses to his complaint, that there was a general policy at the prison that all legal mail should be checked before being sent. The PSI is clear that prisoners may hand in Rule 39 letters for sending already sealed, so it was unacceptable that the prison’s local policy breached the requirements of the national PSI. We required that the routine opening of outgoing Rule 39
1. Prisons must ensure that correspondence logs are sufficiently detailed to record the condition of Rule 39 mail on arrival at the prison, to record letters ‘opened in error’ regardless of where in the prison this occurred, and to record the reasons and the circumstances when any letters were opened on security grounds. 2. Correspondence logs and prisoner complaints must be monitored to ensure errors in handling Rule 39 are recorded, and to identify any improvements necessary to ensure there are sufficient safeguards to avoid the possibility of such correspondence being opened inadvertently. 3. Prison staff working with prisoner letters must fully understand the requirements of PSI 49/2011 for handling confidential correspondence. Staff must also be clear about which organisations and individuals are covered by Rule 39 and confidential access. These lessons need to be learned if prisons are to be more vigilant about protecting the right of prisoners to send and receive legal and confidential mail without inappropriate interference.
How to complain to the Prisons and Probation Ombudsman
Given the large volumes of mail a prison will receive, mistakes will be made. However, the prison must be able to identify how and when such errors have occurred; both to provide an explanation to the prisoner and to highlight any weaknesses in the process. Rule 39 letters can be opened by the prison on a case by case basis if there are security concerns about a piece of mail. The reasons for suspicion must be recorded and the prisoner must be given the opportunity to be present when the letter is opened. In a small number of cases, my investigations found that Rule 39 letters had been deliberately opened on grounds of security, but the proper procedures and protections had not been followed.
tions have revealed little evidence of intentional or malicious tampering of legal and confidential mail. However, accidental breaches of Rule 39 are still not acceptable and it is essential that adequate safeguards and sound local policies are in place to prevent these from happening. Prisoners and their advisers are entitled to have confidence that their confidential communications will be respected. To this end, the Learning Lessons Bulletin sets out a number of lessons:
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l The PPO investigates complaints from prisoners and those under probation supervision in England and Wales, and from immigration detainees anywhere in the UK. l We are independent of the Prison Service, the Probation Service, NOMS or Immigration Enforcement: we are impartial and unbiased. l We can investigate complaints about most aspects of your management, supervision, care, and treatment. We can’t investigate complaints about medical treatment or about decisions by a court or the Parole Board.. l Before you complain to us, you must complete all the stages of the internal complaints process first. If you are still unhappy: • Write to us within three months of receiving the final response. • Send us a short note telling us why you are not happy with the response to your complaint. • Send us your completed complaint forms we will copy and return them to you. (If you don’t have the complaint forms you can still complain to us but it will take us a bit longer to respond). Write to us at: Prisons and Probation Ombudsman, PO Box 70769, SE1P 4XY.
38
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The Rule Book provision of Mother and Baby Unit (MBU) places.’ The PSI takes into account the following:
The Rule Book
Prison Rule 12(2) entitles the Secretary of State to permit a female prisoner to have her baby in prison with her subject to ‘any conditions he sees fit’. This rule allows the Secretary of State to place conditions on women’s access to the MBU.
Inside Time’s Paul Sullivan has a look into Prison Rules and Instructions
Children Act 1989: This provides that when a court determines any question with respect to the upbringing of a child, the child’s welfare must be its most important consideration and that when deciding on where the child should live, it must be presumed, unless the contrary is shown that involvement of the parent in the life of the child will further that welfare. Section 1 of the Children Act 1989 sets out who has parental responsibility for a child in a range of circumstances and Section 3 defines ‘parental responsibility’ as all rights, duties, powers, responsibilities and authority which by law the parent of a child has in relation to a child. The mother retains parental responsibility for the child whilst the child is in the MBU, to the extent that it is possible given her imprisonment. Children Act 2004: Section 10 provides a duty on local authorities to make arrangements to promote cooperation between themselves and others, including prisons, to improve the well-being of children.
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Mother and Baby Units (MBUs) PSI 2014-049
Issued: 23 December 2014, Effective from: 23 December 2014, Expiry Date: 22 December 2018 This PSI replaces the previous PSI on Mother and Baby Units, PSI 2011-054 This PSI covers ongoing provision of Mother and Baby Units, the Application Process, Separations and the management of such units. According to the PSI it ‘provides clear, substantiated guidance to enable managers and staff to make defensible decisions in relation to assessment of suitability for, and ongoing
The United Nations Convention on the Rights of the Child 1989: Article 3, paragraph 1. States that in all actions concerning children whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be the primary consideration.
The PSI states: All MBUs should be available to accommodate babies up until the age of 18 months. There may be exceptional circumstances where the child should remain in the MBU beyond 18 months which will need the approval of the Head of the Women’s Team. A mother is only admitted to an MBU following: l An application by a mother for a space on the unit; l A recommendation to the Governor from the multi agency admissions board, chaired by an Independent Chair; l The endorsement of that recommendation by the Governor. The decision to admit a mother and her child takes into account: l Whether it is in the best interests of the child; l The necessity to maintain good order and discipline within the MBU; l The health and safety of other babies and mothers within the unit. There is an appeals process against decisions made regarding MBUs. This PSI has separate sections dealing with Admissions, Management, Management and Welfare of Female Prisoners, Management and Welfare of Children, Separation. The Governor/Director must ensure that procedures are in place to ask women on reception or at the earliest opportunity whether they are pregnant or have children under the age of 18 months. They must be
0116 247 0790
Should a mother and baby need to be separated the PSI states: ‘Separations should be planned to take place prior to the child reaching the age of 18 months. There should be some flexibility in this policy where the exceptional circumstances of a particular case mean that the interests of the mother and child coincide and outweigh any other consideration which would otherwise point to separation … The desirable scenario is that the mother and child are admitted to a MBU and both leave the Unit together when the mother is released from prison, the child having developed at the same rate as a child living in the community.’ Copies of this PSI are available in prison libraries: it is 49 pages long but is quite easy to read and understand and explains all the procedures clearly. You might find it useful, also, to read PSO 4800 ‘Women Prisoners’.
PSIs only apply to prisons in England and Wales. Prisons in Scotland, Northern Ireland, Isle of Man, Jersey and Guernsey do not have an equivalent. Scotland publish ad-hoc policy updates from time to time. We will be looking at these in a future issue.
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The European Convention on Human Rights 1950: Article 8 (Right to respect for private and family life) provides the following: Everyone has the right to respect for his private and family life, his home and his correspondence. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic wellbeing of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
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provided with the prisoners’ information booklet “All About MBUs” written by NOMS Women’s Team. This information must be available in reception, first night centres and induction units, on each residential unit and in the prison library.
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‘Expert help when you need it most’
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ast year Wells Burcombe wrote the article ‘Horses for Courses.’ It stressed the importance of ensuring that the right lawyer should be instructed for the right case, in much the same way that horse owners race horses depending on how the ground on the course is, hence the expression. That is exactly our approach at Wells Burcombe. Readers of Inside Time will have noticed over the years that we have written articles on various topics. Those include criminal appeals against conviction and sentence, confiscation and asset recovery along with prison law issues such as parole, recall and also prison discipline. We only write about these topics because we have experience in them. Each of the issues are different and require a different level of knowledge and expertise. In our article last month, Wells Burcombe introduced readers to some of the other members of our team. Most months feature articles from nationally recognised criminal appeals lawyer and complex crimes solicitor David Wells. He considers every enquiry and every enquiry is responded to. He is written to because he is regarded as an expert in his field. He works closely with leading sentencing barrister Robert Banks and between them they review many wrongly imposed and excessive sentences. Likewise, Jan Muller of Wells Burcombe is a specialist in reviews and variations of SOPO’s. Miss Muller is regularly instructed to review the clauses and conditions in SOPO’s and advises whether such conditions are necessary, reasonable and proportionate, or whether in fact they are oppressive and consequently open to variation on appeal. The reality is that many SOPO’s imposed by the Courts contain conditions that really are unreasonable, disproportionate or otherwise unenforceable. Partners of the firm Ravi Khumra and Alan Burcombe are instructed regularly in proceeds of crime confiscation cases (POCA) following conviction. Many lawyers don’t properly understand post conviction confiscation proceedings, which can have devastating consequences. Miss Khumra and Mr Burcombe take on these cases because they understand them, they know what needs to be done and when. Both have enjoyed considerable success on behalf of numerous clients. It is not uncommon for either to be written to by a prospective client who has been convicted and who faces confiscation proceedings. Most lawyers are more than capable of dealing with the main criminal proceedings but after conviction and when it comes to dealing with the issue of confiscation, many lawyers are not entirely confident of what to do. It is very common for these
lawyers not to object to applications for transfer of legal aid so that an expert can deal with the confiscation aspect of the case. The very last thing anyone facing confiscation proceedings wants is to have to serve a consecutive sentence. That is why it is important to ensure that you are properly represented. Prison law is another area which requires expert representation. Take Recall and Parole as an example. The ideal Parole advisor is not just someone who understands the parole system and who has a pretty face. What is really important is getting released or progressing. A Parole case requires someone to be competent in both orally AND in writing. Presenting a case to the Parole Board requires skill, just like defending someone before the outside Judge. Many of the new Parole enquiries Wells Burcombe receive are from clients who are dissatisfied with how reviews have gone before the Parole Board. All of our Parole and Recall advisers have the necessary social, legal and advocacy skills to ensure every chance of release. Historic prosecutions are another difficult area of the criminal law which requires expert representation. There is a temptation in such cases to advise clients to plead guilty, particularly when numerous complainants are involved. These cases are extremely difficult to defend but they can be defended successfully. They require a different approach and often require a great deal of investigative work to be carried out by the defence. Cases of this type are on the rise. The conviction rate is high, particularly in the light of the whole Jimmy Savile affair and the public perception of prosecutions of this type. The moral of the story when it comes to representation and choosing the right lawyer is simple; think about what it is you are trying to achieve when writing to or calling a lawyer for representation. Instruct an expert in the field.
39
Advertorial
Ignoring your right to legal advice at an adjudication: What’s the worst that can happen? Nicola Maynard & Matthew Smith Prison Law Department - Reeds Solicitors
A
n adjudication is the disciplinary procedure used for prisoners in prisons in England and Wales. They are commonly known as “nickings”.
Who presides over adjudications? Adjudications are carried out by either the Governor or an Independent Adjudicator (Judge). Provisions state that matters involving prisoners eligible to receive additional days who face allegations serious enough to attract extra days should be referred to the Independent Adjudicator. If the prisoner indicates that he would like to seek legal advice, he may be granted an adjournment in order for him to do so. If the case remains with the Governor, there are no provisions for a Solicitor to attend the hearing but written representations can be submitted as well as the prisoner receiving detailed advice. However, if the matter is referred to the Independent Adjudicator the prisoner is always entitled to legal representation at the hearing and should always utilise this right in order to have the best chance possible of a fair and proper hearing. Prisoners can only receive Legal Aid when their case is sent to the Independent Adjudicator. If your case remains with the Governor and you wish to challenge it, Reeds Solicitors still offer advice and assistance for a fixed fee. Please contact us if you wish to discuss this further. The rules relating to adjudications If an individual has been accused of a disciplinary offence, the charge against him must be laid as soon as possible, and in any event this must be within 48 hours of the discovery of the alleged offence, save for exceptional circumstances. The time limit is strict and is often a ground for dismissal before a Judge. A disciplinary charge must normally be laid
within 48 hours of the discovery of the offence. The hearing may be adjourned for a number of reasons, including the unavailability of the reporting officer or other witnesses, but if the hearing has not been concluded within six weeks, the adjudicator must decide whether or not the delay goes against natural justice and fairness to the prisoner. Can I appeal the decision? Yes, if the hearing was conducted by the Governor the appeal must be submitted on a form DIS 8 within 6 weeks of the hearing’s conclusion. The prison must then forward the form to the Briefing and Casework Unit (“BCU”), who will then consider the prisoner’s request. Again, if you wish to appeal, Reeds Solicitors will be able to assist you with this for a fixed fee. If the hearing was conducted by the Independent Adjudicator a prisoner can only appeal their sentence and not the finding of Guilt. This can be done by writing to the Chief Magistrate’s Office within 14 days of the decision. Still not convinced? It would appear from experience that many prisoners are discouraged from seeking the advice of a Solicitor as “it will only be a simple matter”. If a single charge is proven against you before the Independent Adjudicator, you can receive an additional 42 days to your sentence. Even a finding of guilt before the Governor can have huge implications on your sentence generally or for your recall/parole. Many prisoners do not understand the risk when deciding on whether to have a Solicitor. A question to ask is whether you would represent yourself in a trial before the Magistrates or would you have a Solicitor? If the answer is the latter, why take the risk on an adjudication - contact Reeds Solicitors today! Reeds Solicitors Freepost RTSX–ETXE–SUKX 1 Cambridge Terrace Oxford OX1 1RR Telephone 01865 260 230
Our Prison Law Department can assist prisoners under Legal Aid for a number of issues including:
Specialists in: Appeals against Conviction & Sentence, CCRC, IPP Appeals and Parole, Prison Adjudications & Discipline, Criminal Investigations, Confiscation & POCA proceedings. For advice and assistance anywhere in England & Wales, either in person or via video link, please call or head office: 5 Holywell Hill, St Albans, Hertfordshire, AL1 1EU
Telephone: 01727 840900 24hr Emergency Number: 07592 034170
• Recall (IPP/Lifer and Determinate) • Parole (IPP/Lifer and Determinate) • Independent Adjudications
We assist prisoners throughout England and Wales offering competitive fixed fees on all other General Prison Law matters including Re-Categorisation and Sentence Planning. For further information or assistance please contact
Matthew Smith - Head of Prison Law
Reeds Solicitors Freepost RTSX–ETXE–SUKX 1 Cambridge Terrace Oxford OX1 1RR
01865 260 230 www.reeds.co.uk
40
Legal
Insidetime November 2015 www.insidetime.org
Parole reviews in detail Having no support from the professionals for your intended application at a Parole review, and what your options are as a result Emma Davies Partner Nicola Blackburn Prison Law Hine Solicitors
P
arole reviews can be a daunting process for anyone. Support from those who supervise offenders is often integral in the Parole Board agreeing whether to recommend open conditions or direct release. This article looks into the practicalities for offenders proceeding with an application to the Parole Board which is not supported by the professionals in their case and what other options are available.
I am subject to a review - what should I be looking for? When an offender is subject to a Parole Review professionals involved in their case will be asked to prepare detailed reports setting out their assessment of that offender’s level of risk and whether they believe that their risk is such that a recommendation for open conditions or a direction for release should be made. Reports are usually prepared by an Offender Manager (a probation officer from the Probation Service), Offender Supervisor (an officer from
the prison service) and in some cases a psychologist. These reports will be requested in line with a specific timetable so that they can be included in an offender’s parole dossier. It is important for an offender to carefully consider these reports and look at what progress if any those professionals are recommending. Although an offender may be in regular contact with their Offender Manager and Offender Supervisor, receipt of these reports may well be the first time that they are advised what is being recommended to the Parole Board at their review.
The reports in the dossier do not recommend progression Often an offender will be faced with a dossier that contains reports from professionals that do not support their release or progression to open conditions. This can be disheartening and disappointing, particularly if an offender feels that they have done everything to address their risk factors and offending behaviour needs. It is therefore important that an offender considers in detail the reasons why the professional is making their particular recommendation and understand their point of view, in order to then look into how best to tackle their situation.
One reason there may be no support for an offender’s progression is due to the suggestion that there is further core risk reduction work outstanding. Sometimes it will be recommended that an offender should not progress until they have completed a particular offending behaviour course, or the course may have been completed but the professionals making their recommendations want the offender to be tested and show that they can put their newly acquired skills into practice before they can recommend progression.
You want to apply for release but the reports only recommend open conditions An indeterminate sentenced offender who is eligible for release is entitled to make an application for the Parole Board to direct their release following their parole review. However, offenders may find that although a professional is supportive of progression they may only be supportive of progression to open conditions and not supportive of any application for release. This often occurs when an offender has demonstrated particularly poor behaviour, has not been receptive to supervision or has not shown a long enough period of compliance in either open conditions or following completion of a fundamental piece of offending behaviour work. It may also be the case the professionals providing reports are not in a position to provide a recommendation at the time of writing their report. This is often the case when an offender is part way through an offending behaviour courses or waiting for the outcome of a psychological assessment following completion of a course or assessment.
Should I look to delay my hearing if there is no support?
Our open, friendly solicitors working in Criminal Defence will help you with all aspects of Prison Law including: Licence recall • Adjudications Parole hearings • IPP queries Judicial review • Sentence planning issues
Call us on 01865 518971 or visit www.hinesolicitors.com Oxford Freepost address FREEPOST RTHU - LEKE - HAZR Hine Solicitors | Seymour House 285 Banbury Road | Oxford | OX2 7JF
In the first instance, offenders should look to discuss matters with a prison law solicitor and of course, where possible, their Offender Manager and Offender Supervisor. Often offenders may simply agree with what the reports recommend and be happy for their case to be concluded on the papers without the need for an oral hearing. This will mean that once their review is concluded it will be passed back to the Secretary of State who will then set the timetable for the next review, which can be anything from 12 months up to a maximum of 2 years. Often the time between conclusion of a review and the start in the next review will be enough time for professionals to make supportive recommendations. This is of course very much dependent upon an offender’s motivation to address or do what the Parole Board has observed is necessary at the last review. However, there are some cases where this would not be appropriate and thought needs to be given by offenders as to whether the Parole Board should be asked to defer their review for a short time, either for work and necessary assessments to be completed, or so
that an independent report can be commissioned to consider whether there is any evidence to support challenging the recommendations that have been made. It is understandable that offenders will not want their parole review delayed any more than they have to, particularly given the delays that are presently being encountered in the Parole Board listing of hearing dates but offenders should consider minimising any delay as well as getting themselves to a position where their intended application will be a strong one.
I have an oral hearing - should I still defer my review? The Parole Board can only direct the release of indeterminate sentence prisoners or recommend their progression to open conditions following an oral hearing. In the first instance consideration of the case will be taken on the papers, which will mean that a member of the Parole Board will review an offender’s parole dossier, together with any representations they may have made, before deciding whether to conclude the review on the papers by not recommending progression or directing the case be considered at an oral hearing. As most offenders are aware there is now a significant delay between being advised that their case should be listed for an oral hearing to actually getting a hearing date. This delay can sometimes work to an offender’s advantage in cases where for example they have only accessed 3 or so home leaves and have no recommendation for release, but by the time of any hearing date will have had the opportunity to have engaged in 4 or 5 more home leaves potentially changing the professional’s assessment of risk. Offenders should consider what their Offender Manager and Offender Supervisor are suggesting that they need to do/demonstrate before they are able to support progression. This is not an easy decision to make and often it is advisable to speak to a prison law solicitor who can give expert advice as to whether deferring, getting an independent report or simply going ahead with a review is the appropriate course of action. If you have no support from your professionals, consider contacting a prison lawyer who can advise you on whether your intended application is likely to succeed without the support of your Offender Manager and Offender Supervisor. It is important to understand that whilst the Parole Board will consider the views of your Offender Manager and Offender Supervisor, they are not obliged to agree with them or follow them. The Parole Board are an independent body, and the risk assessment they conduct of you is entirely separate from the Ministry of Justice, the prison or the Probation Service. Although unusual, it is not unheard of for the Parole Board to make a decision that is entirely at odds with the recommendations of the Offender Manager and Offender Supervisor. A prison lawyer will be able to advise you on the strength of your intended application if it is to be made without the support of the professionals, and whether there is merit in proceeding with the Parole Board review without support. What is important to remember is that this is your review and you should make the application that you feel is appropriate, but do so based on sound advice and consideration of what those assessing your risk are saying about you.
Legal
Insidetime November 2015 www.insidetime.org
Challenging Surveillance Evidence Regulation of Investigatory Powers Act 2000 Aziz Rahman Solicitor Jonathan Lennon Barrister
T
here was a period of time after the Human Rights Act 1998 (“HRA”) came into force when there was a rash of challenges to the admissibility of covertly obtained evidence. There has since been more of a settled period as the law has bedded in. We however believe there is still plenty of room for pro-active defenders to challenge covert surveillance material in appropriate cases. As surveillance gradually becomes an almost everyday reality for us, so we needed to be ever more vigilant and demand that the Courts protect us from misuse of these powers. Regulation of Investigatory Powers Act 2000 Since the HRA came into force each one of us has certain rights guaranteed, for example the right to a fair trial - this is guaranteed under Article 6 of the European Convention. But you also have a right to privacy, this is guaranteed under Article 8. The State can only infringe this guaranteed right - e.g. by listening to your conversations, following you etc., if it is for a reason proscribed in Article 8(2), e.g. “for the prevention of disorder or crime” and then only if the interference is ‘proportionate’ and “in accordance with the law”. This last part (lawfulness) has landed the UK UK in trouble Strasbourg especially in the 1980s and 1990s. The UK Government was forced to introduce legislation in an attempt to comply with the Convention which the UK had signed up to and is now enshrined in our law by the Human Rights Act. The Government knew it had to introduce legislation in order to make surveillance ‘in accordance with the law’ before the Human Rights Act came into effect in October 2000. The result was the Regulation of Investigatory Powers Act 2000 (RIPA). Under RIPA the different types of surveillance are labelled as either ‘directed’, ‘intrusive’ or ‘covert human intelligence source (CHIS)’. For each type of surveillance the intrusion must be shown to be ‘necessary’, and that the invasion of privacy necessary will be the minimum possible - i.e. ‘proportionate’. If properly authorised the fruits of this type of surveillance may become admissible in a criminal trial. The exception to this is telephone intercept material which generally cannot be used in evidence - the material is used for intelligence purposes only, as under s17 of RIPA there is a prohibition on even asking questions at trial about the use of telephone intercepts. The Home Office has produced two Codes of Practice the Covert Surveillance and Property Interference COP (i.e. for directed and intrusive surveillance) and the Covert Human Intelligence Sources COP (both December 2014). These sets out the detailed procedural rules that must be followed to have each type of surveillance properly authorised. Types of Surveillance Authorities Directed Surveillance: this is covert but not intrusive. It is likely to reveal private information about a person. This is the most basic type of surveillance under the Act, in reality it is ‘tailing’ someone, following them, photographing and videoing them. It requires only internal authorisation by a designated person (s28 (3) of the Act) who believes that it is necessary and is proportionate to the aim sought to be achieved. Thus if it is a police force that is the authorising agency then a Superintendent will authorise in most cases; per RIPA (Directed Surveillance and CHIS) Order 2010/521, Schd 1. Intrusive Surveillance: this is defined as covert surveillance carried out in relation to anything taking place on residential premises or in any private vehicle. Such surveillance must be authorised by an Officer of at least Superintendent rank. However, according to the Code of Practice, para 6.11, a police authorisation will not take effect until it has been approved by a Surveillance Commissioner (except in urgent cases) - the Commissioners are retired Judges appointed to the Office of Surveillance Commissioners. Surveillance Commissioners are independent overseers of the operation of the Act there to attempt to protect our society becoming
a nation of suspects rather than citizens. The grounds required for the authorisation of intrusive surveillance are narrower than for directed surveillance. Covert Human Intelligence Source: this is defined as a person who establishes or maintains a personal relationship with a person for the covert purpose of using the relationship with a person or covertly disclosing information obtained by the use of such a relationship or as a consequence of such a relationship. This clearly includes under-cover officers. The authorisations may be made by a limited list of senior persons and the grounds are identical to those for directed surveillance. There has been a recent change in the law of authorising a CHIS; RIPA (CHIS: Relevant Sources) Order 2013 (came into force 1/1/14). A ‘relevant source’ is a police officer and these new rules deal with long-term deployment of sources. Some undercover officers have to be in place for very protracted period of time - e.g. for ‘legend building’. These rules impose a tighter review process. It is these long term undercover officers that have caused so much embarrassment for the police in recent times given the callous behaviour of some of the officers concerned towards their ‘targets’ and the complete lack of respect for individuals and their privacy; see e.g. the; e.g. 29 convictions quashed in environmental protesters Drax coal case. Intercepts: Intercept warrants are authorised under s1 of RIPA. Under the Code of Practice only a very small number of very senior officials are authorised to make applications for an intercept warrant. The warrants must be personally authorised by the Home Secretary, even if the urgent procedure is followed; see para 2.2 of Code of Practice. The level of intrusion is regarded as very high and so only the most serious cases attract this type of authorised intrusion. However, the material cannot be used in evidence. Challenging Admissibility What clients want to know from us is can ‘can covertly obtained material be excluded’? The answer, in principle, is ‘yes’. Of course it all depends on the circumstances of the case and proper challenges are more and more difficult to raise now that the authorities are completely used to RIPA and how it works. What should first of all be considered is the reason for the application for covert surveillance in the first place, and then consider whether there is any force in an argument that the material should be excluded. This will inevitably involve human rights arguments and, very likely, Public Interest Immunity applications too.
next question is; ‘so what?’ What must be remembered is that a breach of Article 8 does not mean that the material must be excluded as a fair trial could take place under Article 6. It all depends on the circumstances but the case law tends to be leaning towards a requirement of bad faith before an Article 8 violation will have an impact on a criminal trial. Where, for example, police officers have deliberately placed someone in a police cell in order to record the comments made by the cell-mate then that may lead to a violation that is sufficient for the Court to intervene; see R v Allan [2005] Crim LR 716 or if communications between a lawyer and a prison are monitored, per R v Grant [2005] 2 Cr. App. R 28, CA. But, in R v Plunkett [2013] 1 WLR 3121 the police bugged a police van transporting two suspects to the police station for interviews. Each gave no comment interviews at the police station on legal advice. But incriminating remarks were made in private discussions between the suspects in the police van. The Court of Appeal held that this was not a violation of the Code of Practice and the evidence was therefore admissible. This was based at least partly on the fact that the surveillance was not in the prison cell - i.e. a place where suspects slept - which could be regarded as ‘residential’ and therefore ‘intrusive surveillance’ requiring a higher grade of authorisation. The police van did not fall into that category. The Grant case was expressly disapproved by the Privy Council in Curtis Warren v Att. General for Jersey [2011] 2 ALL ER 513, PC. In that case the police had placed an audio probe in the defendants hire car which would be driven through a number of overseas European countries. The police knew that permission from those countries had been refused for the use of such devices but went ahead anyway. The consequent abuse of process application failed, a decision upheld on appeal. However, that case was an abuse of process case, rather than an exclusion of evidence case. There is still scope to argue for exclusion of unlawfully obtained evidence because the right to a fair trial under Article 6 imports a certain standard on the behaviour of the State including police, prosecutors and Courts. RIPA has been with us for some time now. There are some 43 categories of public authority able to watch over us in some way or other under RIPA. Unarguably the Courts have given the police and the prosecution much leeway in the authorisation process but still we can rely on the authorities to go to excess from time to time and breach the rules in such a fundamental way
Even if a certain police operation was found to be unlawful and violated the suspect’s Article 8 rights, the
that people can literally get off a murder charge; see R v Sutherland & Ors (2002) Jan 29, Nottingham Crown Court - when the police recorded conversations between suspects and their legal advisors. Edward Snowden, the ex US National Security Agency analyst, currently in Russia, revealed mass electronic surveillance on a staggering scale in programmes called PRISM and TEMPORA - these are American programmes run by the US National Security Agency. The charity Liberty (and others) challenged the Government about the legality of these programmes in the Investigatory Powers Tribunal. The Tribunal ruled in February 2015 that the British intelligence services had acted unlawfully in accessing millions of people’s personal communications collected by the NSA in the period before December 2014, because the rules governing the UK’s access to the NSA programmes were then secret - until revealed by Snowden. In June this year Amnesty won another battle at the IPT when it ruled against blanket surveillance finding that GCHQ had unlawfully intercepted and accessed the private communications of Amnesty. State surveillance of individuals is on the rise and proactive defenders should be doing all they can to probe and test the lawfulness of surveillance evidence in covert surveillance cases. Jonathan Lennon is a Barrister specialising in serious and complex criminal defence cases. He is based at 33 Chancery Lane Chambers in London. He has extensive experience in all aspects of financial and serious crime and the Proceeds of Crime Act 2002. He is ranked by both Legal 500 Chambers & Ptnrs & is recognised in C&P’s specialist POCA and Financial Crime sections; ‘he is phenomenal and is work rate is astonishing’ (2015). 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 and have been ranked by Legal 500 as an 'exceptional' firm with Aziz Rahman being described as 'top class’'. The firm is also ranked in Chambers & Partners. Rahman Ravelli are a Top Tier and Band 1 firm.
The strongest legal representation in the fields of serious, complex and business crime. The most informed, expert advice for those being prosecuted.
Article 8: As mentioned above it is important for the police to ensure that the intrusion is properly authorised and the proper procedures in the Codes of Practice have been adhered to. If not then it is arguable that the surveillance is not “in accordance with law” as required under Article 8(2) of the European Convention. If not properly authorised the intrusion will have been a breach to the right of privacy and thereby unlawful. This opens up the case for arguing that evidence should be excluded or even, if there is bad faith on the part of the officers, for the prosecution to be stopped as an abuse of process, see R v Grant [2005] EWCA Crim 1089. It used to be a fairly straightforward task of asking the prosecution for copies of the written RIPA applications and authorisations which would then be sent to the defence team with the highly sensitive information blacked out - then at least the defence could start to consider whether the operation was ‘proportionate’ or not and prepare for a possible exclusion argument. However, following the cases of R v G.S. and Ors [2005] EWCA 887, unrep. 22/4/05, it will now be more difficult for the defence to demand the applications and authorisation forms. The Court of Appeal has made it clear that the Act provides all the relevant lawfulness safeguards and if there is a challenge all the Crown have to do is produce the relevant authorisations to the Judge only for his inspection. In any event the case-law and modern police practice is helping to ensure that those lawfulness challenges will only be successful in a very limited number of cases, see e.g.; R v Button [2005] EWCA Crim 516, 4/3/05.
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42
Legal Q&A
If you have a question you would like answered please send to: ‘Legal’, Inside Time, Botley Mills, Botley, Southampton, Hampshire SO30 2GB. (including your name, number and prison)
JC - HMP Garth
Q
I was sentenced for section 18 and received ten years nine months with a one year three months extended sentence. I have a parole hearing at two thirds point in April 2021 and my conditional release date is November 2024. At which point of my sentence will I be eligible for a Cat-D status? Is it two years before my parole hearing?
A
In response to your query regarding when a prisoner becomes eligible for Category D status, PSI 40/2011 at paragraph 1.1 and 5.4 states that:
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. Capital Defence Solicitors, Olliers Solicitors, Hine Solicitors, Cartwright King Solicitors, Crowns Solicitors, Wells Burcombe LLP Solicitors, Carrington Solicitors, Pickup & Scott Solicitors Send your Legal Queries (concise and clearly marked ‘legal’) to: David Wells, Solicitor c/o Inside Time, Botley Mills, Botley, Southampton, Hampshire SO30 2GB. For a prompt response, readers are asked to send their queries on white paper using black ink or typed if possible.
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Two years is considered to be the maximum time a prisoner should spend in open conditions. However, assessment of a prisoner’s individual risks and needs may support earlier categorisation to open conditions. So whilst you have been informed that two years prior to release is when you become eligible, the prison must also bear in mind that if your behaviour warrants Category D status, then you should be given it as there is a requirement that prisoners are afforded the lowest possible category suitable for managing the risk they pose (PSI 40/2011, paragraph 3.1). Given that you have been in prison for over 12 months and have received an extended sentence of over four years, you will be subject to an annual review (PSI 40/2011, paragraph 5.5). I would anticipate your next review to be approximately May 2016 where consideration may be given to Category D status, dependant on the level of risk you present and whether you meet the criteria for Category D status (PSI 40/2011, paragraph 2.1). However, please bear in mind that obtaining Category D status does not automatically mean a move to open conditions. You may remain in closed conditions with Category D status if there are population pressures or there is benefit in you remaining in closed
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conditions, such as completion of a course (PSI 40/2011, paragraph 3.1.1). Response supplied by Pickup & Scott Solicitors
..................................................... TP HMP Brinsford
Q
Can a prison refuse a prisoner a mentoring job on the basis that they have been convicted of a sexual offence, and the OASys report makes some suggestion of grooming? I was made to believe that if a prisoner had completed the mentoring course and their WBRA was low enough, then fair consideration would be given to that person when they apply for a mentoring position without the index offence playing a major part. Is there any PSI or legal legislation I can use to be allowed a fair and equal application?
A
With regards to the prison’s obligations regarding mentoring jobs in custody, there are a number of rules set out in PSI 39/2014 that determine the correct procedure. Section 2.1 of the PSI requires each prison establishment to have a process in place for considering offenders for security vetting clearance to enable them to undertake mentoring in cases where they would otherwise not be eligible due to their offending history. The Governor has ultimate authority for decisions concerning an individual offender’s suitability to undertake mentoring roles in their prison establishment. These decisions are made on the basis of a risk evaluation. The risk evaluation is the responsibility of the Governor, who may refuse clearance on the basis that the underlying risk is deemed too high or too difficult to manage. When deciding, consideration must be given to the balance of the benefits that an offender can offer, against the potential additional risks posed. Therefore the prison is entitled to refuse a prisoner a mentoring job if they deem them to be unsuitable based on the above criteria. If you have completed a mentoring course this may be taken into consideration but the risk assessment will be the overriding factor. As an additional point, Annex E to PSI 39/2014 stipulates that when assessing an offender’s suitability where they have been convicted of certain specified offences including sexual offences there will be a presumption of refusal unless there is a clear and compelling argument to merit their appointment. Response supplied by Hine Solicitors
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DR - HMP Bure
Q
Why would a parole review paper decision take place after being instructed by my legal team not to proceed to allow sufficient time for representations to be sorted? Why would the parole hearing take place two months before my target date? Why would the Parole Board member take it upon himself not to defer my hearing?
A
Please note that whilst representations have been submitted, the Parole Board are not required to follow any recommendation for a deferral of your hearing. Under PSI 22/2015, paragraph 3.30, it states that any of the following decisions can be made: • Decide that the case is appropriate for an oral hearing and, once any witness availability has been ascertained, instruct that a date be secured for the hearing. • Decide the case is not quite ready for an oral hearing and issue Directions for additional or missing information, as well as identifying potential witnesses that may be required. Once the Directions have been complied with the case can be put forward for an oral hearing date. • Advise that the case is not ready for full assessment and Directions will be issued, however in view of the amount of work still required it is unlikely that the original target date will be met. In these instances the MCA member will adjourn the case for a set period of time. • Make a negative decision based on the papers. The negative decision is issued to the prisoner and other parties. This will remain provisional until 28 days have elapsed, after which it will become final, unless the prisoner has successfully requested an oral hearing. • Make a positive decision on papers in the case of EDS/SOPC/DCR/EPP. • Defer the case for a defined period of time, after which the MCA process will begin again. So whilst the MCA member of the Parole Board would have had the discretion to decide whether a deferral is necessary, there may have been other factors which led the member to assess that a deferral is not necessary. I would require further information contained in the decision to determine whether or not this was just. You would have had a period of 28 days from receipt of this decision to challenge it, PSI 22/2015, paragraph 3.31. You ask why your review would take place two months before the hearing date you had been given. When the Parole Board set a target month for your review, it is expected that this would be the month in which your oral hearing would take. Prior to an oral hearing taking place, following the procedure in PSI 22/2015, there must be a MCA (paper) review in which directions are issued. If you believe that there is a deficiency in the process of the decision which has been made, you may wish to judicially review the decision that has been taken. For this you would need the help of a solicitor specialising in matters such as these. Response supplied by Pickup & Scott Solicitors
Insidetime November 2015 www.insidetime.org
If you have a question you would like answered please send to: ‘Robert Banks’, Inside Time, Botley Mills, Botley, Southampton, Hampshire SO30 2GB. (including your name, number and prison)
Banks on Sentence Robert Banks, a barrister, writes Banks on Sentence. It is the second-largest selling criminal practitioner’s text book and is used by judges for sentencing more than any other. The book is classified by the Ministry of Justice as a core judicial text book. The 2015 edition of the book and app was published recently. The app is for Apple iPads and Windows 8/10 tablets and computers and costs £99 (incl. VAT). Updates will appear in the relevant paragraph. The print copy costs £106 and there will be regular updates on www.banksr.com. There is also a discount available when the print copy and app are purchased together. If you have access to a computer, you can follow Robert on twitter: @BanksonSentence and you can receive his weekly sentencing Alert.
www.banksr.com
Q
I am a druggie and I was tried for possession of an article for fraud. There were no live witnesses needed and I gave my explanation for having someone else’s credit card. The magistrate, who was on his own, rejected my explanation and gave me a community order with lots of requirements. He also ordered me to pay court costs saying he was required to do so but he would not have done otherwise. Surely if he is the one who makes the decisions he must have the power not to order it? Also how can it be fair to order it, because it is obvious a druggie doesn’t have any money? Isn’t telling me to pay £1,000 absurd?
A
The answers to your questions are relatively simple. The magistrate did not have the power to waive the criminal courts charge because the charge is a mandatory order (meaning it has to be ordered). £1,000 is the fixed rate for a contested trial in the Magistrates’ Court for a charge that could be tried in the Crown Court. Ordering you to pay £1,000 is clearly both unfair and absurd. I consider it also undermines the criminal justice system because the orders are so clearly unfair and absurd. The background is a little more complicated. The legislation for the new charge was rushed through Parliament without any consultation
just before the election was called. It was incorporated into an Act by way of an amendment. The Lord Chancellor who pushed it through was Chris Grayling, someone without a legal background or prior experience of the courts. I suspect the rationale was that the money he hoped to raise through this measure would be useful for a cash-strapped government and the charge would encourage people to plead guilty. In public he said he was determined to ‘ensure criminals pay their way’. That is a very odd concept. The reality is very different and the problems are with its mandatory nature and its fixed rates. Some sentencing orders are mandatory but with a built-in opportunity for the court not to apply the order if to do so would be a) unjust (which applies to three-strike burglars and class A drug suppliers) or b) because there are exceptional circumstances (which applies to certain firearm offences). Other orders are mandatory with no built-in opportunity not to apply them. An example of this is the mandatory life sentences for those convicted of murder. So if a doctor, following the wishes of the patient’s relatives, ends the life and misery of the patient who is racked with pain and who might only have a day to live, the doctor would be guilty of murder and the court would have to pass a life sentence. The victim surcharge and the criminal courts charge are
other examples. Perhaps the worst example was IPP, which was a mandatory sentence, and still imprisons hundreds wrongly. That sentence has now gone but, to use the politician’s phrase, ‘lessons are not being learnt’. Looking at these examples one can see the injustice of them at once. If the mandatory sentence is the correct sentence, there is no need for the mandatory rule. If the mandatory sentence is not the correct sentence, the court is forced to pass the wrong sentence. Those are the only situations. Prisons are full of people who are serving the wrong sentence because of these mandatory orders. Politicians, particularly when an election is imminent, enact these mandatory orders no doubt because they feel they are ‘getting tough on crime’. Filling prisons with people who should not be there is not ‘getting tough on crime’. Filling the prisons with those people only means they have to let others out early because there is not enough room for extra prisoners. The reaction to this charge is interesting. One of the first to comment was Private Eye (edition 26/6/15), which drew attention to the plight of TV licence defaulters. The paper estimated that ‘95% of defaulters were struggling to meet bills on low incomes or on benefits. A typical penalty on a plea of guilty would be £55 fine, a victim support charge of £20 and then £150 for the criminal courts charge. If the defendant pleaded not guilty, the criminal courts charge would rise to £520.’ So if the defendant could not afford the train fare to get to court and was tried in his or her absence and the trial took three minutes, the defendant would have to pay the same £520 charge on top of the victim surcharge and the fine. Private Eye quoted a Stockport magistrate, Jeff Waters, who said, “I used to be proud of being part of the justice system, but we are now being forced to inflict grossly unjust and disproportionate punishments.” The following month there were reports of magistrates resigning in protest at the new charge and this month there are reports of courts reducing the fine to take account of this disproportionate charge. On 25 September 2015, the Lord Chief Justice attended an event in New Zealand to commemorate the 800th anniversary of Magna Carta. He concentrated on Clause 40, which says: ‘To no one will we sell, to no one will we
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Legal Q&A
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deny or delay right to justice.’ He said that the charging of fees was permitted provided that it does not fetter or impede access to justice. The Lord Chief Justice then referred to the new criminal courts charge and said, “The scale of court fees with the cost of legal assistance is putting access to justice out of reach of most, imperilling a core principle of Magna Carta. It is something that the judiciary, working with the executive and legislative branches of the state, needs to address.” So the system has all the unfairness of the poll tax. A multi-billion pound polluter pays the same charge as the defendant who cannot afford the bus fare to court. It has all the unfairness of IPP in that the mandatory nature guarantees injustice. It has the same ill-thoughtout procedures as unit fines which had to be scrapped. So what does the MoJ say about it? In an explanatory memorandum (2015/796) it said that ‘key government departments were consulted but no formal public consultation was deemed necessary’. In an MoJ fact sheet it says the charge will be collected in a similar way to fines and compensation. You might ask what is going to happen. A defendant cannot apply to remit the charge for two years, although the court of its own motion can remit the charge after one year. I suspect to start with it will be said that the system will take time to settle down. Then after a huge waste of public money the system will be scrapped. One thing is certain - the estimated £571m worth of uncollected fines will be complemented by a mountain of uncollected criminal court charges.
Asking Robert and Jason questions: Please make sure your question concerns sentence and not conviction and send the letter to Inside Time, marked for Robert Banks or Jason Elliott. Unless you say you don’t want your question and answer published, it will be assumed you have no objection to publication. It is usually not possible to determine whether a particular defendant has grounds of appeal without seeing all the paperwork. Analysing all the paperwork is not possible. The column is designed for simple questions and answers. No-one will have their identity revealed. Letters which a) are without an address, b) cannot be read, or c) are sent direct, cannot be answered. Letters sent by readers to Inside Time are sent on to a solicitor, who forwards them to Robert and Jason. If your solicitor wants to see previous questions and answers, they are at www.banksr.com.
Have your lawyers let you down? Do you want Robert Banks or Jason Elliott to represent you? Robert is a specialist in criminal appeals against sentence. Jason is a specialist in criminal appeals, trials and prison law. Contact: David Wells, Wells Burcombe, 5 Holywell Hill, St Albans AL1 1EU
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Reading Groups
Insidetime November 2015 www.insidetime.org
Shared Reading
Reading group round-up
The reading group at HMP Hindley read and discuss a selection of poems by Lemn Sissay.
Image courtesy of Matthew Meadows
The report this month comes from HMP Albany where the group read Kazuo Ishiguro’s 2005 novel Never Let Me Go, a novel which was also made into a very successful film in 2010 with Keira Knightley and Carey Mulligan The story is told through the eyes of 31-year-old narrator Kathy who from page one sets a subtly ominous tone by telling the reader she has been a “carer” for over a decade and that the authorities are pleased with her. It’s a short step from this to “donors” and “recovery times” and “completion”. Intriguing and mysterious words such as these are almost thrown into the story to confuse and mystify you, without any explanation as to what is going on. They all contribute to the feeling that we have entered a different world. For this reason a few members of the group initially found the story quite confusing and frustrating, with one member actually giving up at chapter three. “Like all science fiction the story has its own mysterious vocabulary…it was not my cup of tea.” However, other members of the group said that perseverance was the key as the concept of the story then hits you and from that moment you are hooked. “The horror of their situation is revealed calmly, without any fuss or melodrama.” “Surprising, unexpected.” Without giving too much away, the book is based on organ donation but to the extreme, with a very clever and sinister twist. The idea is extremely interesting and the writing is superb. “I like the single narrator style through the eyes of Kathy.” “The story goes off on tangents as Kathy relives her memories but always comes back
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to centre.” It certainly stirred a lengthy and interesting debate within the group which took on a very philosophical tone as we talked about everything from life and its meaning, death and the possibility of life after death, cloning, and stem cell donation and its ethical implications. “I found it to be very moving, touching upon amongst other subjects love, loss, missed opportunities and memories.” “Thought provoking……poignant in places, horrific in others.” “Is this concept possible in reality? No doubt that will have crossed many minds.” “Quite a disturbing concept…could humanity do such things? I fear some scientists could do so…” We chose the novel because several members had read and enjoyed other Ishiguro books. Overall, Never Let Me Go was highly recommended by those who finished it. And listening to the discussion certainly inspired those who hadn’t to give it another try. The Albany group is part of the Prison Reading Groups (PRG) network, sponsored by the University of Roehampton and generously supported by charities including Give A Book www.giveabook.org.uk If your prison doesn’t have a reading group, encourage your librarian to have a look at the PRG website www.roehampton.ac.uk/ prison-reading-groups PRG also worked with National Prison Radio to set up their book club. If you have access to NPR, listen out for details and ways to take part.
They shift around in their seats, not quite sure what to expect: is this going to be worth missing the gym for? Those lucky few who have been in the reading group before are at an advantage, as they are a little more prepared. Our initial foray into the poems of Lemn Sissay has produced such responses as: ‘He’s on crack’, ‘He’s on acid’, ‘This is crap’ - they say what they feel. Going Places produced a more thoughtful response:
The Shannon Trust Reading Plan (Turning Pages) is a simple & efficient way of helping people to learn to read. If you would like more information on how to become involved, as either a Mentor or a Learner, contact the Reading Plan Lead in your prison (ask a Shannon Trust Mentor who this is) or write to: Shannon Trust, Freepost RTKY-RUXG-KGYH The Foundry, 17-19 Oval Way, LONDON SE11 5RR.
ShannonTrust
The lines ‘…who in keyless rooms/Can open doors;’ has a heightened resonance in this situation where lives are controlled by keys and locked doors. ‘That would be handy’ one boy says and everyone laughs. Another boy seems touched by the poem and offers to read it again without any prompting.
‘…carpet picking/pots watching/room gleaning/toilet flushing/night,’
We move on to Children’s Home, where the sense of sadness and isolation in the poem resonates further with their own situation.
‘What’s that thing called where you have to keep tidying up?’ ‘OCD’ ‘Yeh, that’s it, it’s about someone with OCD.’
‘The children nearby came to our secret garden/gazed at our mansion in disbelief. Either said they wished they lived here/Or that this was the den of the thief’.
Weeks pass and we move on to Invisible Kisses. The fact that Lemn describes it as a love poem is something which takes them by surprise.
I ask them what they imagine the home to look like. One boy says ‘It’s like Harry Potter or something.’ Adding to this idea, another boy chips in with ‘Yeah, it looks exciting, like you could have a laugh there’.
‘If there was ever one/ Whom when you were sleeping/Would wipe your tears/When in dreams you were weeping;…who would gather each tear/And blow it dry…’ ‘This is about your mum’, one boy says. ‘Yeh’, the others agree, nodding their heads. B makes the particular point: ‘It’s about how your mum should love you’. It’s interesting that the poem suggests to them an unconditional love that only a mother could feel; perhaps at their age they can’t conceive of another person loving them as deeply as this. This is too self-sacrificing to be written by a girlfriend or boyfriend. It is also telling that as they are away from their families and in particular their ‘mothers’ it is the image of a mother that first springs to mind. The use of the word ‘should’ is an interesting choice by B because it implies that it isn’t always the case that this kind of unconditional love is felt by everyone; perhaps this is a love they would like to have experienced. It also seems significant that that the poem describes an almost ‘motherly’ love as we know that Lemn has been without his mother for most of his life.
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TurningPages Prisoners who can read teach prisoners who can’t
We connected the poem to this when I asked ‘Why are the kisses invisible?’ ‘…because she isn’t there’ someone replies.
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‘But it was our Narnia of food fights at midnight…’ adds weight to the initial image of this place as some Enid Blyton style boarding school or, in today’s context, J.K. Rowling’s ‘Hogwarts’ is the point of reference. Keys begin to play a more ominous role in the poem and the boys pick up on this immediately: ‘But the rattle of rules and keys/Broke the magic - we all knew it couldn’t last… The keys in cupboards, slamming security doors/Each child slowly retracts inside their self. Whispering ‘What am I being punished for?’ ‘It’s like being in here’, someone says, ‘that’s all you can hear, the slamming of doors’. As we move further into the poem the sense of being unloved and unwanted causes the boys to reflect on their own situation. ‘Self-mutilation, screams and suicide/Of young people returned, return to sender…’ ‘At least we know we’ve got people who care about us when we get out of here, we’ve got somewhere to go,’ they all murmur in agreement. This is an archive piece from May 2013. The Reader is an award-winning charitable social enterprise working to connect people through great literature. In weekly sessions, a practitioner reads aloud a short story or extract and a poem. Anyone in the group may choose to read too: some do, others don’t. In this way, connections are made with thoughts and feelings; some people reflect on these privately, others are more vocal. Either is fine. The emphasis is on enjoying the literature.
Wellbeing
Insidetime November 2015 www.insidetime.org
Bring the gym to your cell
Lunge
Boat
Hold for five slow breaths each side.
Hold for five slow breaths.
Bridge
The Prison Phoenix Trust A lot of people think that yoga is about relaxing and being more flexible. While that’s true, it also helps make your body strong. If you want to build strength but can’t get to the gym, try these poses instead. As you do them, keep breathing, slowly and deeply. We suggest you hold each pose for five breaths, but you might want to start with three, and with practice you could build up to ten or more. Listen to your body and work with it, not against it. Child Pose
3 Legged Dog
Rest in one of these positions whenever you need to between each pose, if that’s what feels right.
Hold for five slow breaths each side.
Hold for five slow breaths.
Knees to Chest Warrior 2 Hold for five slow breaths each side.
Plank Dog Hold for five slow breaths
Hold for five slow breaths.
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Chair Hold for five slow breaths.
Hold for as long as you need to. Roll around a little to help release your back.
Sitting Sit like this, or on a chair or the edge of your bed, comfortable and upright. Focus on your breathing. Count your out-breaths up to ten and then start again at one. If your attention wanders, don’t worry, this is completely normal. Just return to counting on your breaths. Do this for 5 minutes, or longer if you like. Try it every day, building up to 25 minutes over a week. Most of these postures help you build strength in your body. This last one helps you build strength in your mind - by sitting still and letting go of your thoughts, you can build discipline and concentration. You can also find peace. Write to us, and tell us how you’re getting along.
This sequence was taken from our newest CD, which features two complete yoga, relaxation and meditation lessons, plus a bonus yoga moves track. It is based on our radio show, Freedom Inside, which airs every week at noon on Friday and 7am and 6pm on Sunday on National Prison Radio. If you’d like a copy of this CD, write to us and ask for Freedom Inside. If you want a free book and CD to help you set up a regular yoga and meditation practice write to: The Prison Phoenix Trust, PO Box 328, Oxford OX2 7HF. The Prison Phoenix Trust supports prisoners and prison officers in their spiritual lives through meditation and yoga, working with silence and the breath. The Trust supports people of any religion or none. We also run weekly yoga classes for inmates and prison staff.
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Inside Poetry
If you would like to contribute to the Poetry section, please send your poems to ‘Poetry’, Inside Time, Botley Mills, Botley, Southampton, Hampshire SO30 2GB.
Star Poem of the Month
Emma
Graham Wagstaff - HMP Littlehey As I nod my head to the beat I stare at my feet and in them I see clubs and girls and drugs and girls House music pumping with pianos and lasers For all the happy ravers, getting off Their rockers to the latest chart toppers Ablaze my eyes and the fire in my mind Memories of the one that got away, she never Did play fair and she always loved the Glare and second glances of those who fancied Her and their chances But for now we’re dancing, waving our hands In the air, cos we don’t care, hearts ablaze Yet eyes glazed, no idea what was coming We approached with open arms and fell for Life’s charms, at least for a while Strobe lights and everything’s okay, worry about Tomorrow another day, back into the fray We’re London’s greatest dancers, not just a Couple of suburban chancers Then her best friend OD’d and died And everything changed suddenly it was real Deal or no deal in the lottery of life I can’t remember his name, but I remember Hers, what does that say about me? So one weekend in October, he keeled over And it was all over rover, no more dancing Through the hallucinogenic clover, reality bites And she hung up her air Nikes, while I got Off my face at Yikes on Friday nights And the pattern was set for death and destruction Some in the ground and some who couldn’t function Guinea pigs one and all and a gateway drug To dub life and dub death and anything In between As his eyes rolled to the back of his head His wrist clenched, his body jerked and jacked Not to the music but to the sound of the Death rattle, shakin’ rockin’ and rollin’ as they Got ready to fill another hole in
Insidetime November 2015 www.insidetime.org
Spice Boys Jamie Lee Covey - HMP Wealstun In his head there’s lightning and thunder Ring 999 another ones gone under Screaming and shouting their fears for all to see And they pay for this stuff it ain’t for free Green crack they now call it And the system is drenched And there’s always a thirst That needs to be quenched Screws running around screaming in shock Security told by debt heads who’s got the wing on lock
A Day in the Life Matty Cartwright - HMP Oakwood
There’s talk about reception Now have 100s of bags of pampers ‘Cause charvers bowels are popping Like a bottle of champers
A day in the life, I’ve got the devil in sight He lives in a dream world not fuelled by the light The morning’s a myth, afternoons are a fight It’s six that he rises to live through the night He doesn’t need breakfast nor dinner or tea He feeds on the shadows alone as can be His life is a nightmare not many will see Cross him with a peril, don’t bother just flee See this man’s an outcast, a misfit, not right A terrible monstrosity, he’ll give you a fright He moves like the wind and floats like a kite He can pounce like a tiger, make your chest feel tight This man’s a ghost, like a storm in the sea He can rock your world easy, you’ll never be free He will come like a whirlwind and charm you with glee And leave you bare like the leaves on a tree He’s lived 18 years without the foresight It’s the devil on his shoulders who smiles with delight See this man’s no monster, he’s lost in his plight The devil does feed him with words of pure spite A day in the life, yes this monster was me An addict in nature, yet a man you dare free I’m not what you think and it’s not meant to be Just give me a chance and one day you’ll see!
Now you might be able to handle paranoia But cacking your pants is a soul destroyer
BWVC (Body worn video cameras)
Visits terminated and fences patrolled Makes no difference still a 1000 twifters rolled Grasses in their masses hit the numbers team Mush’s devoed they been bumped for canteen Some of my boys smoke it But they’re as staunch as night follows day But if you try to play gangster They’ll take your shit away Scams are plotted over legal highs So you parents at home check your kids’ eyes Cause this stuffs available In our shops around Leeds And what one person hates Another one needs
This mental health team here Are failing these folk I’ve witnessed ‘em laughing at them Like it’s all a big joke If you don’t help properly with their problems Of course they’ll get high And it’ll be on their conscience When one of them die
Self-harm, suicides, panic attacks and psychos By Xmas as Granny tucked into her Roses Dropping like flies, turning nice guys into Nutters with paranoia and stomach flutters From doved up to loved up to fucked up All in the slow blink of deadened eyes On an express way to the skies and their ultimate demise
Drug counsellors, mental health workers Why did you go to uni for years? ‘Cause the shits hit the fan And you’ve got your heads up your rears
Congratulations to this months winner who receives our £25 prize for ‘Star Poem of the Month’.
It’s the nature of the beast it’ll never stop Until one crazy episode when your heart goes ‘pop’
Fingers are crossed for eagles to land You can move individuals but not supply and demand
Mark Humphries - HMP Wayland A picture paints a thousand words Interpreted by each viewer But it’s only a trial CCTV on legs will see what it wants Distorted truth, fictional events But it’s only a trial Edited, doctored, lost in transmission Used on a ‘nicking’, if it’s what they want to see But it’s only a trial Pro-social, trust-building, no, that’s gone now ‘Improved Safety’ is the reason why Buts it’s only a trial Stab vests and tasers are coming next Semi-automatics, just to protect But it’s only a trial Have you tried talking, listening And stopping to think That might be worth a trial
Insidetime November 2015 www.insidetime.org
If you would like to contribute to the Poetry section, please send your poems to ‘Poetry’, Inside Time, Botley Mills, Botley, Southampton, Hampshire SO30 2GB.
Ella Martin - HMP Send
Tom Cannon - HMP Wymott
A is for anger that surrounds and enrages me. B is for birthdays that have given me hope. C is for Christmases that I have chosen to forget. D is for the drink I soothed myself with. E is for the evil that is my family. F is for the future which is what could be and what I wish for. G is for the growth that has been destroyed and rebuilt. H is for heroin which helped me forget. I is for isolation that enveloped me for so long. J is for the jokes I tell to try to blend in. K is for kilos the weight I’ll never be able to guesstimate. L is for the love I finally felt but now is gone. M is for money which is the thing I both wish for and hate. N is for nothing which is the amount of confidence I have. O is for the options that I face on the road ahead. P is for prison that is a portal to change. Q is for questions that I need answering. R is for Roxaroo my canine friend and hero. S is for society that one day I might meet. T is for the tree that I meditate and do rituals in front of. U is for the universe that makes look small. V is for the visions of the world’s end that the TV shows us. W is for the wall that I show the world. X is for the execution of life as I know it. Y is for the youth that is slowly disappearing. Z is for Zebra one of the few things in life that is black and white.
Psychiatrist Luke Brummit - HMP Swansea I imagined you Collector of wounds Standing in your kitchen Overseer of the coffee machine Grinder, percolator, pourer Sitting now, staring You thought of me Raised your cup twice Blinked angrily, sitting there You mistook me for your enemy A psychiatrist, smug You got it wrong
Paula Johnson - HMP Newhall
How did I get this fat? Is it cos I eat this and that My belly touches my knees And my arse, everyone sees I waddle about like a little fat duck And then I pretend I don’t give a fuck And stuff my face More and more with shite Then wonder why my clothes are tight I am starting my diet again next week The thought of that is very bleak I’ll hit the gym and eat no fat So maybe this is just the new me Lots of flesh for you all to see
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A Contrast
Alpha Birography
How Did I Get This Fat?
Inside Poetry
You mistook me then for you I was flattered I loved you You checked my arms for scarring There was none We were done
I’ve met nurses and doctors, professionals with uncaring hearts I’ve seen killers and thieves stop a man fall apart I’ve heard staff laugh at a man with health needs I’ve watch violent men lift an old man from his knees I’ve witnessed injustice from the system the one laid down by law I’ve been witness to honesty from the inmate outlaws I’ve viewed cruelty and pain from those that should protect I’ve spotted muscle bound cons comfort some while they wept I’ve seen excessive violence from the side you wouldn’t think I’ve also seen murderers bring a man from the brink I’ve had my own share of problems and whilst I don’t miss them I didn’t expect help from my side of the system
Fear Rodney Gardner - HMP Maghaberry Fear is only in the mind A notion of ill regard you will find It can grip you tight in a stranglehold Leaving you weak and totally controlled Don’t be afraid of things in life Like needles, bullies or a long sharp knife It’s good to be cautious and aware of one and all But never give in to terror, the enemy of our very soul Grab it by its scruffy neck and shake it hard Don’t let it gain the upper hand, always be on your guard It is only a wretched feeling created by yourself If you let it get its feet under the table it will certainly damage your health It comes in many forms and uses people as its tool Never give in to it, don’t let it play you for a fool Rise up, stand tall and sweep all your fears away You’ll feel better for it and I guarantee it’ll be the start of a brand new day Let fear run and hide that’s all that it’s good for Get annoyed with it, get even and show it the open door Displaced and abandoned it has no place in our heart Fear is afraid of its own shadow and it doesn’t know where to start Once it’s gone, it will always try to get back in Be firm, full of courage and you will always win Keep it under wraps and never let it rear its ugly head The fear of yesterday and yesteryear is gone eternal and is forever dead
We will award a prize of £25 to the entry selected as our ‘Star Poem of the Month’. To qualify for a prize, poems should not have won a prize in any other competition or been published previously. Send entries to: Inside Time, Poetry, Botley Mills, Botley, Southampton, Hampshire, SO30 2GB. Please put your name, number and prison on the same sheet of paper as your poem. If you win we can’t send your money if we don’t know who or where you are! By submitting your poems to Inside Time you are agreeing that they can be published in any of our ‘not for profit links’, these include the newspaper, website and any forthcoming books. You are also giving permission for Inside Time to use their discretion in allowing other organisations to reproduce this work if considered appropriate, unless you have clearly stated that you do not want this to happen. Any work reproduced in other publications will be on a ‘not for profit’ basis. WHEN SUBMITTING YOUR WORK PLEASE INCLUDE THE FOLLOWING PERMISSION: THIS IS MY OWN WORK AND I AGREE TO INSIDE TIME PUBLISHING IT IN ALL ASSOCIATE SITES AND OTHER PUBLICATIONS AS APPROPRIATE.
Jailbreak
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Insidetime November 2015 www.insidetime.org
Crossword
TWENTY QUESTIONS TO TEST YOUR GENERAL KNOWLEDGE 1. Meaning ‘joy of living’, the expression ‘joie de vivre’ comes from which language?
mother’, is sometimes used to refer to a person’s old school or university?
2. What is the name for a sentence that contains all twenty-six letters of the alphabet?
12. What name is traditionally given to the small balls of camphor used to protect stored clothes from insect damage?
3. The word ‘graffiti’ originated in which modern European language?
13. In martial arts terminology, the word Ninja originated in which language?
4. The adjective ‘nosocomial’ describes which type of institution?
14. The action known as defenestration involves throwing someone out of which part of a building?
5. In the US, which name is commonly used to refer to a seaside promenade made of wooden planks?
Across
Down
1. A day nursery for babies and young children (6) 4. “In the — of Central Asia”, a symphonic poem by Alexander Borodin (7) 9. The principal supporting surface of an aircraft (9) 10. Someone who leads a wandering unsettled life (5) 11. Prepared (5) 12. Broken (9) 13. A feather or ribbon worn on military headwear (7) 15. Polynesian island where Gauguin painted (6) 17. The largest city in southern Arizona (6) 19. A bullfight (7) 22. Renowned American frontiersman who was a Union general in the Civil War (3,6) 24. A gesture involving the shoulders (5) 26. A love affair (usually a secret or illicit one) (5) 27. A Venetian boatman (9) 28. Faye —, American actress (7) 29. State capital of Montana (6)
1. A finely woven white linen or cotton fabric (7) 2. Role played by Jennifer Saunders in the TV series “Absolutely Fabulous” (5) 3. Popular American TV sitcom that took a nostalgic view of life in the 1950s and early 1960s (5,4) 4. Rod —, singer whose albums include “Blondes Have More Fun” (7) 5. A white heron with long, showy, drooping plumes during the breeding season (5) 6. Luciano —, Italian tenor (9) 7. Long irregular strips cut or torn off (6) 8. A light crisp cake of batter baked in a special utensil (6) 14. Procedure immediately prior to the launching of a space rocket (9) 16. An astrological forecast (9) 18. A small bunch of flowers (7) 19. A pointed tooth between the incisors and premolars (6) 20. Country that gained its independence from France in 1962 after more than seven years of fighting (7) 21. Britt —, Swedish actress (6) 23. “The Black —”, a novel by Robert Louis Stevenson (5) 25. River crossed by a bridge at Arnhem, a scene of fierce fighting in 1944(5)
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Mathematics A G F G H H T G R J F F T Y A A P O F H C B P B C V T Y H H O P I E Y E N M O C O N O N N V I A I B U N F R T V J H A T A C G J T Y C E N T A G I H C O W T L L L A P R P K P D E A I H E D G H T G A Y N C L V R H A A U X B R R B M Z B L H F Median Mode
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Addition ACTS COLOSSIANS Bar CORINTHIANS Brackets DEUTERONOMY Chart EPHESIANS EXODUS Decimal GALATIANS Division HEBREWS Equals ISAIAH Fraction JAMES JEREMIAH Graph JOB Line JOHN Mean JOSHUA LUKE Median MALACHI Mode MARK
Range MATTHEW NAHUM Ratio PETER Subtraction PHILIPPIANS Tree PROVERBS PSALM REVELATION ROMANS SAMUEL THESSALONIANS TIMOTHY TITUS
Multiplication Percentage Pie Probability Thanks to Ty Medland - HMP Gartree for compiling this word search. If you fancy compiling one for us please just send it in max 20 x 20 grid & complete with answers shown on a grid. If we use it we will send you £5 as a thank you!
15. The word ‘armada’, used in English for a large number of ships, comes from which European language?
6. Who, in 1961, became the first American driver to win the Formula 1 world motor racing championship?
16. The word ‘Neanderthal’ originated in which European language?
7. What is the English equivalent of the French word qui?
17. A coven is the collective noun traditionally used for a group of what?
8. In which language is a housewife known as a Hausfrau?
18. Which reading disorder takes its name from the Greek language and means ‘difficulty with words’?
9. Which two-word French phrase is used to describe a bathroom directly connected to a bedroom? 10. Which word means a pronounceable name made up of a series of initial letters or parts of words?
19. What name, derived from the Spanish for ‘little war’, is given to a member of a group taking part in irregular warfare? 20. In the stock exchange, the name of which animal describes a market in which share prices fall over a prolonged period?
11. Which Latin phrase, meaning ‘bountiful
Inside Chess by Carl Portman
8
Stephen from HMP Garth asks about rankings and ratings. Like many, he wants to know what numbers like 1500 or 1000 mean. I don’t have space to give all the details here but in essence it is a mathematical system. In England we play to the English Chess Federation System. Better known worldwide is the FIDE (Fédération Internationale des Échecs or World Chess Federation) system. When you play graded players you get your current grade plus extra points when you win but if you lose you get your current grade minus points. If the game is drawn you get each other’s grades. There are some exceptions but again we won’t deal with that here. Let me use the FIDE system. A standard player might be anything from 1300 to say 1600 with stronger players weighing in up to 2000. Anyone above 2000 is more of an ‘expert’ player and masters are graded about 2200 and above. The ratings are calculated ‘live’ as tournaments have played and the world champion Magnus Carlsen currently has a FIDE grade of 2850 which is a super grandmaster strength. I should mention Professor Arpad Elo who invented the ELO system in the 1960’s which FIDE adopted. There is time for me to thank you all for your submissions, queries, poetry and stories about chess in prisons. I am most grateful and please do keep them coming.
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The problem this month was submitted to me
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by Tom from HMP Bedford. It is one called ‘Philidor’s Legacy after the great player André Danican Philidor. Please study the following position with white to play. What is the best way to win? A chess magazine donated by Chess & Bridge of London is the prize. Write to me with your answer care of The English Chess Federation at The Watch Oak, Chain Lane, Battle, East Sussex TN33 OYD or you can email me at
[email protected]. uk and they will forward it to me. Please note that you should always write to me at the ECF not via InsideTime. Congratulations to David from HMP Swaleside who was the winner of September’s problem. The answer to October’s problem was 1. Qe8-h8+ Kg6-g6 and 2.Qh8-g7 checkmate
Jailbreak
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“QUOTES” Embarrassing? Embarrassing? Embarrassing? Embarrassing? Yes, of course it is! John McDonnell, Shadow Chancellor, on his decision to oppose the government’s fiscal charter two weeks after vowing to support it. I have 600,000 followers on Twitter. I am the new Jesus! Katie Hopkins, controversialist.
have been very often seduced Slightly too much information from Silvio Berlusconi, former Prime Minister of Italy. I knew it was time to go when my granddaughter was born Why Sir Roger Moore called it a day as James Bond. Work in most Jails is a phoney exercise in time filling Jonathan Aitken writing in The Sunday Times
More than a great seducer, I
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Criminal Minds
Law and Order Motorway Patrol Night Cops
Road Wars Send in the Dogs The Enforcers
UK Border Force Submitted by Aaron Odgers HMP Swaleside. If you would like to win £5, please submit your Pathfinder - grids should either be 15 x 15 or 12 x 12 squares. Remember when you send us your Pathfinder to include your name, number and prison otherwise you will not receive your prize money.
Neil Speed is a former prisoner The whoEnforcers came up with the concept of GEF BAD CHI whilst in prison.The Inside Time features a GEF BAD Alaska State Troopers Interceptor Brit Cops NCIS CHI puzzle on this page. GEF BADThe CHIReal by Neil Speed is published Cop Squad UK Border Force by Xlibris. RRP: £12.35 Using the letters G,E,F,B,A,D,C,H & I fill Crime Scene Investigation Criminal Minds in the blank squares. Each letter A-I must appear only once in Hawaii Five O each line column and 3x3 grid. Highway Cops Law and Order Motorway Patrol Submitted by Dwayne Farrelly - HMP Belmarsh . Start on the left with the first number and work Night Cops your way across followingANSWERS the instructions in each cell. See how quickly you can do each puzzle No Offence Police Interceptors and how your times improve month by month! Answers on back page. If you would like to submit Criminal Minds similar puzzles we will payCop £5 for any that are chosen for print. Please send in a minimum of three Road Wars Squad puzzles together with the Law answer! Send in the Dogs and Order
MIND GYM
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SUDOKU & GEFBADCHI
John Katie Hopkins Silvio McDonnell Berlusconi
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Daily Sudoku: Sun 11-Oct-2015
PROBLEMS FROM THE PRISON? YOU NEED
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ANNIVERSARIES
ROCK & POP QUIZ
4 Nov 1890 // 125th Anniversary The City and South London Railway was officially opened. It was the world’s first deep-level underground railway and the first to be electrically powered.
1. Which Cuban-born singer used to work as a Spanish and French language translator in Miami? 2. Which famous guitarist produced instrumentals such as Rebel Rouser and Because They’re Young?
5 Nov 1935 // 80th Anniversary The board game Monopoly was launched by Parker Brothers.
3. Whose Ain’t Nothin’ Goin’ On But The Rent had chart success in 1986?
15 Nov 1940 // 75th Anniversary All Jews in Warsaw, Poland were transferred to the Warsaw Ghetto. (On 16th the Ghetto was sealed off from the outside world, with about 400,000 Jews confined within its 4 square kilometres. On 19th any Jewish property found outside the Ghetto was confiscated by the Nazis.)
4. Which band’s greatest success was the 1996 album The Score, selling over 18 million copies worldwide? 5. To which musician was Bob Dylan’s Song To Woody dedicated?
© MW Released life sentenced prisoner
6. In 1971-72 two members of which band were killed in separate motorcycle accidents, one year apart, at almost the same location in Macon, Georgia? 7. Bob Dylan teamed up with which band to record The Basement Tapes? 8. Which two Bee Gees wrote the classic standard song To Love Somebody? 9. Which band performed the 1970 hit Come And Get it, featured in the movie The Magic Christian? 10. Who released her first album, No Angel, in 1999 and her second, Life For Rent, in 2003?
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9 Nov 1965 // 50th Anniversary The death penalty was abolished in the United Kingdom. 3 Nov 1975 // 40th Anniversary Britain’s first North Sea oil pipeline was officially opened. 6 Nov 1975 // 40th Anniversary British punk rock group the Sex Pistols gave their first public performance, at St Martin’s College of Art in London. The performance was cut short and a fight broke out. 20 Nov 1985 // 30th Anniversary Microsoft Windows 1.0 was released.
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ARE YOU RECEIVING TAX DEMANDS OR PENALTIES THAT YOU DO NOT UNDERSTAND? ARE YOU SET TING UP A BUSINESS AFTER YOU ARE RELEASED AND NEED TAX ADVICE? IF THE ANSWER IS ‘YES’ YOU NEED TO CONTAC T THE TAX ACADEMY™ THE TAX ACADEMY™ Unit 4, Ffordd yr Onnen Lon Parcwr Business Park Ruthin Denbighshire LL15 1NJ 01824 704535
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19 Nov 1990 // 25th Anniversary Pop duo Milli Vanilli were stripped of their Grammy Award for Best New Artist when it was revealed that neither of them sang on their records. 22 Nov 1990 // 25th Anniversary British Prime Minister Margaret Thatcher announced her resignation. 2 Nov 2000 // 15th Anniversary The first crew moved into the International Space Station. 7 Nov 2000 // 15th Anniversary George W. Bush was elected as the 43rd President of the United States, though the final outcome would not be known for over a month because of disputed votes in Florida. 22 Nov 2005 // 10th Anniversary Angela Merkel became the first female Chancellor of Germany.
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Sale Cheshire M33 2DH
Email a Prisoner
1. Gloria Estefan 2. Duane Eddy 3. Gwen Guthrie 4. The Fugees. 5. Woody Guthrie 6. The Allman Brothers 7. The Band 8. Barry and Robin 9. Badfinger 10. Dido.
surance
NSURANCE PRODUCTS SONERS AND THEIR FAMILIES
See advert page 3
Down: 1 Cambric, 2 Edina, 3 Happy Days, 4 Stewart, 5 Egret, 6 Pavarotti, 7 Shreds, 8 Waffle, 14 Countdown, 16 Horoscope, 18 Nosegay, 19 Canine, 20 Algeria, 21 Ekland, 23 Arrow, 25 Rhine.
ue send a £2.00 postal order to: PO Box 54 Reading RG1 3SD
• Faster than 1st class post • Cheaper than a 2nd class stamp
Across: 1 Creche, 4 Steppes, 9 Mainplane, 10 Rover, 11 Ready, 12 Fractured, 13 Cockade, 15 Tahiti, 17 Tucson, 19 Corrida, 22 Kit Carson, 24 Shrug, 26 Amour, 27 Gondolier, 28 Dunaway, 29 Helena.
S2 Bundles and pre owned ew Xbox 360 consoles. For a
SIS INSURANCE Second chance! 1 in 5 people are routinely refused insurance (See full advert page 36)
GENERAL KNOWLEDGE
1. French 2. Pangram 3. Italian 4. Hospital 5. Boardwalk 6. Phil Hill 7. Who 8. German 9. En Suite 10. Acronym 11. Alma mater 12. Mothballs 13. Japanese 14. Window 15. Spanish 16. German 17. Witches 18. Dyslexia 19. Guerrilla 20. Bear
rds - Supplier of the UK’s ck Catalogue of Music
GEMA RECORDS Supplier of music, dvds and games (See full advert page 45)
