insidetime the National Newspaper for Prisoners

A ‘not for profit’ publication /46,000 copies distributed monthly/ISSN 1743-7342/Issue No. 125/November 2009

insideeducation 8 PAGE SECTION in association with the Prisoners' Education Trust ... pages

34-41

 Former Beirut hostage Terry Waite writes exclusively for Inside Time

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h 5t E IAL 12 SU SPEC ISPAGE

Cuts ‘foolhardy’

say prison governors

Budget cuts of £65 million will mean ‘safety, security and decency will be thrown out of the window’: Paul Tidball, President of the Prison Governors’ Association, told the annual PGA Conference Eric McGraw he performance of Her Majesty’s Prison Service jails will inevitably decline as a result of reduced funding while the performance of the privately run jails some of them a lot more expensive and consistently less safe than HMPS prisons - can ‘sail on merrily with 100% of their funding maintained and assured’. Not exactly a level playing field, Paul Tidball told delegates. The proposed cuts were ‘foolhardy’ and would only result in impoverished regimes becoming less effective in reducing re-offending.

T

Prison is the most expensive option for the courts and was not the right place for the mentally ill and those addicted to drugs. More spending on fewer prisoners would be a much smarter way to tackle serious offending behaviour. Prison, the PGA president said, should be reserved for those of high risk to the community. Prison governors, recognising that more than half of prisoners sentenced in 2008 were given sentences of 12 months or less, endorsed a conference resolution calling for short sentences of less than 12 months to be scrapped. Addressing the Prison Governer’s Conference, Justice Secretary Jack Straw who, in 1996, described private prisons as ‘morally repugnant’ said that improvements in standards - from bins and street cleaning to the NHS - have been driven up through competition and therefore private prisons continue to be part of government strategy. He went on to confirm that within the National Offender Management Service (NOMS) the Prison Service had to find £65 million or 3.4% ‘efficiency savings’ this year - (that’s on average almost half a million pounds a prison).

In 1970 the Home Office issued a report called the ‘Sentence of the Court’. Its message was that short sentences were not long enough for rehabilitation to have any impact whatsoever on re-offending. Over time, however, the Home Office came to believe that short prison sentences were (somehow) acceptable after all.

‘Busted’ by Patrick John Craggs

The Koestler Awards 2009 The 48th Annual Exhibition of Art by Offenders, Secure Patients and Detainees. At the Royal Festival Hall, Southbank Centre, London from 20th October until 6th December. Month by Month by Rachel Billington pages 16-17

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The Justice Secretary rejected the prison governors’ resolution to scrap all prison sentences of 12 months or less. He said the proposal wouldn’t work because rather than sending more offenders into probation, offenders would simply be given a year and a day.

2

Mailbag

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‘Nothing to fear but fear itself’

a voice for prisoners since 1990

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

the national newspaper for prisoners published by Inside Time Limited, a wholly owned subsidiary of New Bridge, a charity founded in 1956 to create links between the offender and the community.

NAME SUPPLIED - HMP FRANKLAND

Inside Time is wholly responsible for its editorial contents. All comments or any complaint should be directed to the Managing Editor and not to New Bridge.

I have been reading Inside Time for about five years and in that time have read several letters from prisoners criticising the content, rationale and/or facilitation of Sex Offender Treatment Programmes. I cannot recall a single letter which speaks favourably of them.

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a not profit

publication

Board of Directors

Trevor Grove - Former Editor Sunday Telegraph, Journalist, Writer and serving Magistrate. Geoff Hughes - Former Governor, Belmarsh prison. Eric McGraw - Former Director, New Bridge (1986 - 2002) and founder of Inside Time in 1990. John D Roberts - Former Company Chairman and Managing Director employing ex-offenders. Louise Shorter - Former producer, BBC Rough Justice programme. Alistair H. E. Smith B.Sc F.C.A. - Chartered Accountant, Trustee and Treasurer, New Bridge Foundation. Chris Thomas - Chief Executive, New Bridge Foundation.

I completed the Core SOTP three years ago and recently completed the Extended SOTP. Both were really good experiences, although I particularly value the latter. The content was excellent; the facilitators experienced and skilful, but, most importantly, the group displayed impressive honesty, determination to change for the better and so supported each other unfailingly throughout the seven months. There were moments when each group member had to endure uncomfortable and even harrowing moments, but significant gains were achieved: deeper self- awareness, clearer ideas about how to manage personal and inter-personal

difficulties, greater self-esteem and higher hopes for a successful future. As with so many other things in life, what we get out of an experience is in direct proportion to what we put into it. Sadly, I think many deny themselves the considerable benefits possible from the SOTP because they are fearful of what they think it will cost them; as President F Roosevelt said: ‘We have nothing to fear but fear itself’.

....................................................... MATT KEYWOOD - HMP WHATTON  I read with interest the letter in your October issue by William Holah at Wandsworth seeking information on the success of the SOTP. As a programme support volunteer at Whatton, I’d like to add to the accompanying Ministry of Justice response. In my opinion there is only one thing that can stop you from offending again, and that’s you. The SOTP provides the tools to help, but of course it cannot stop you. If you don’t care whether you offend again, then the SOTP isn’t going to be of any help. If, however, you really do not wish to re-offend then the SOTP provides you with the necessary tools. You get out what you put in.

Claiming back postage .................................................................................................................

The Editorial Team

KEVIN KING - HMP LITTLEHEY Each prisoner is entitled to one paid letter a week, two if on remand, which is sent by second class post. If this is franked it costs 25p and if a prisoner wants the letter to go first class they have been advised to put a 10p stamp on the envelope. This does not take the cost of postage up to first either franked or using stamps. However, Royal Mail have advised that to put a 10p stamp onto a franked second class letter is not permitted therefore does this mean the prison service is breaking the law by deception? Rachel Billington

John Bowers

Novelist and Journalist

Writer and former prisoner

Eric McGraw

John Roberts

Author and Managing Editor

Operations Director and Company Secretary

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

Layout and Design

Here at Littlehey they often send weekly letters out with no postage at all, which means the recipient is obliged to pay £1.30p and experience a delay in receiving the letter. If this happens to you, make sure you get a receipt from Royal Mail and claim the £1.30p back from the prison. I have been obliged to do this on a number of occasions recently.

Insidetime November 2009 www.insidetime.org

Email a Prisoner Sponsors of the Mailbag section To find out more about the EMAP service see page 11 for details and look for the orange flash under the adverts of firms and organisations using the service.

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Rehabilitate or break? ..................................................... JAYNE STRACHAN NORTHUMBERLAND I always thought the aim of prison was to rehabilitate an offender. After spending 4 years inside for GBH, and doing all the courses available to him including anger management, alcohol and drug awareness my 26 year-old son Dennis came home. After 7 months at home, no drugs, no drinking, finding a job and settling in well, things were looking good for him. That was until the day he ended the relationship with his girlfriend. She attacked him, leaving blood and scratches all over his arms. Interestingly enough the police took no photos of his injuries. During the course of this attack a picture was broken, the value being £30. This was enough to put my son back in prison on licence recall. Seven months later he is still there. He has cancer and is being treated with chemotherapy. He is ill, weak, tired. He has been a model prisoner, never displaying any signs of anger, even when given the cancer diagnosis, yet has been refused parole on compassionate grounds and can’t do the courses because he is too ill to attend. In September his grandmother died quite suddenly. He wasn't allowed to attend the funeral, even though he spent the first 12 years of his life living with her. On the day of the funeral, no one came to his cell; not even to tell him he couldn't go. He was left alone to work it out for himself. I have written to local papers, my MP and the almighty Jack Straw who, it would seem, is far too busy to respond. My question is this; is the prison system in place to rehabilitate an offender or is it there to completely break him? I wonder how much more he can take and constantly worry for his state of mind.

Colin Matthews - [email protected]

Correspondence Inside Time, Botley Mills, Botley, Southampton, Hampshire SO30 2GB. Accounts & Admin: Inside Time, P.O.Box 251, Hedge End, Hampshire SO30 4XJ. 0844 335 6483 / 01489 795945 0844 335 6484 [email protected] www.insidetime.org If you wish to reproduce or publish any of the content from any issue of Inside Time, you should first contact us for written permission. Full terms & conditions can be found on the website.

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Insidetime November 2009 www.insidetime.org

If you would like to contribute to Mailbag, please send your letters to ‘Mailbag’, Inside Time, Botley Mills, Botley, Southampton, Hampshire SO30 2GB.

The right Star Letter of the Month ..................................................................................................................................... to choose

3

Mailbag Contents

Congratulations to Andy Thackwray, who wins our £25 cash prize for this month’s Star Letter.

Check this out ..................................................... ANDY THACKWRAY - HMP DONCASTER Whilst rummaging under my bed, as you do on a lock-down day, I found some of my old canteen receipts which date back to the very beginning of my sentence in October 2002. I compared the price of some of the items I purchased on my first canteen against the price the same items cost today. As you can see from the table below, there is a startling

difference of 38% over a seven year period! If memory serves me correctly, I can’t recall having an increase in my prison earnings during my seven years incarceration. In fact my wages have halved since my move from the state to the private sector in July this year. And with the election looming, I doubt we’ll be getting any type of pay increase for some time to come, because making prison more tolerable for prisoners isn’t a vote winner is it? If David Cameron and his boys do get in, then we’ll be very lucky to get any prison wages or canteen at all! Dispelling the myths page 33

Product

Oct 2002 (£)

Oct 2009 (£)

Up by (p)

% Increase

12.6g Old Holborn

2.35

2.96

0.51

25

12.5g Golden Virginia

2.31

2.99

0.68

30

Green Rizlas

0.20

0.23

0.03

15

Large lighter

0.52

0.69

0.17

32

1st Class Stamp

0.27

0.39

0.12

44

Black biro

0.12

0.27

0.15

125

1.5ltr Coca Cola

1.13

1.71

0.58

51

500m1 Milk

0.43

0.52

0.09

21

100g Nescafe

1.89

2.75

0.86

31

Large Birthday Card Mum 0.89

1.42

0.53

60

TOTAL £

13.93

3.82

43.5

10.11

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

Mailbag ........................ pages 2-9

JO TIERNEN - PRACTICE MANAGER, PARLBY CALDER SOLICITORS

Newsround .............. pages 10-15

I would like to respond to the article that was featured in your September issue by Richard Marks QC, in which he indicates that significant questions need to be asked before choosing a Solicitor to take a Crown Court case instead of instructing a barrister. Times are indeed changing for all those involved in the provision of criminal defence services and like all change, some developments are advantageous and some are less welcomed.

.................................................................................................................. ROBIN EARL - HMP STOCKEN I write further to the article by lawyer Julian Young in your August issue: ‘Here’s your money - now get out and get on with life!’ I have, for many years, wondered why prisoners’ discharge grants never seem to go up in line with inflation. When questioned about it, staff say ‘that is the way it is’. I have been told it is set by the finance department at Prison Service HQ; that the discharge grant hasn’t gone up in over ten years; but what I’m 100% sure of is that a £46 discharge grant, to last at least two weeks, is considerably less than adequate to live on whilst benefits are being sorted. The benefit rate, set by the government, is £50.95 per week for a single person under the age of 25; over 25 it is £64.30 per week. So prisoners are expected to live for up to two weeks on a sum that is £18.30 short of the national weekly benefit payment. They are being set up to fail.

 The Ministry of Justice writes: All eligible prisoners aged 18 or over, serving a custodial

Rachel Billington ... pages 16-17

Health ....................... pages 18-19 Religion ........................... page 20 Comment ................. pages 21-33

It is true that Solicitors have experienced and continue to face substantial cuts to the rate of payment for publicly funded criminal defence work. However it is with great professional pride that these challenges are met by improving the way in which we manage Crown Court work and maintain a high degree of client care. Therefore our procedures are constantly under review in order to meet every client’s individual needs. When considering whether a Solicitor or Barrister with suitable experience and skill should represent you at the Crown Court, it will always be your decision. It is your defence, your legal team and your case.

Discharge grants lagging behind inflation

Month by Month

‘You will die in prison’… John O’Connor ............. page 22

In all cases, you will be made aware of the options. Where it is clear that you would benefit from the representation and advice of an independent Barrister, you will be advised accordingly and given the opportunity to review details of suitable Barristers. Considering the often serious nature of Crown Court matters and the risk of losing your liberty, it is not always comforting to be introduced to a substitute advocate at Court on the day of your hearing and it would always be the intention of both your Solicitors and Barrister to avoid this. In order to improve the service you receive from your defence team, it has been important to introduce a better working relationship with the Bar and implement a much more co-ordinated approach in the running of a defence.

sentence and in custody for more than 14 days are given a Discharge Grant of £46 so that they have money for their immediate needs upon release. In addition to the Discharge Grant, a payment of up to £50 may be paid directly to a housing provider to help prisoners get an address; this will not be given to the prisoner as a cash payment.

Solicitors and the Bar have always worked together, however in these changing times it is more important that we work closer in partnership to ensure that you receive the best service possible.

There are currently no plans to increase the Discharge Grant; however the National Offender Management Service (NOMS) is currently engaged with the Department of Work and Pensions in developing a wider programme of work to tackle the finance gap prisoners experience on release.

Ultimately as we all agree, Solicitor or Barrister - you have the right to choose. Exercising Choice page 45

GANS & CO SOLICIT ORS LLP

Michael Mansfield QC talks to Rachel Billington .......... page 25

Inside Education

...

pages 34-41

Utilising time inside Terry Waite CBE ............ page 34

News from the House .................................... pages 42-43 Legal Comment ... pages 44-48

CRIMINAL DEFENCE AND PRISON LAW SPECIALIST Has the justice system let you down? Why not contact our friendly team for free and friendly advice?

Legal Advice ..................... page 49

‡Appeal against Conviction/Sentence ‡IPP and Extended Sentence ‡ Categorisation ‡ Family/Childcare ‡ Human Rights

Legal Q&A ............... pages 50-51

‡ Recall to Custody ‡ Mandatory Life Sentence Review ‡ Parole Review ‡ Lifers and Adjudications ‡ Judicial Review

Nationwide Service Foranimmediatevisit,advice&representationpleasecontact Angela or George on:

020 7469 7010 or 0793 053 2183

(24 hrs)

Book Reviews .................. page 52 DVD Reviews .................... page 53 Inside Poetry ............ pages 54-55

or write to

Gans & Co Solicitors LLP

214 - 216 Rye Lane, Peckham, London SE15 4NL

Jailbreak .................... pages 56-60

4

Mailbag

If you would like to contribute to Mailbag, please send your letters to ‘Mailbag’, Inside Time, Botley Mills, Botley, Southampton, Hampshire SO30 2GB.

Humour a relief to all ............................................................................................................. PAT O’RIORDAN - HMP WAYLAND I was flabbergasted to read in your October issue that a couple of guys from the Emerald Isle have been offended by a little light-hearted humour. My name will indicate that my roots are Irish, although I was born and bred in London; indeed I was sentenced at the Central Criminal Courts in Dublin and spent the first three years in jail in Ireland before repatriation back to England. My fellow inmates referred to me as ‘The Plastic Paddy’ and ‘English Bob’. I took no offence - and why? Because no offence was meant! Above all, the Irish are known for their kind nature and good sense of humour; it’s brought them a long way in a world seemingly full of misery and hatred. I hope the minority don’t spoil it for the majority. I read the jokes in question and found no offence whatsoever; and as for racism - pot, kettle lads!

.................................................................................................................. MARK McKILLION - HMP EDMUNDS HILL As an Irish prisoner, can I take this opportunity to thank everyone at Inside Time for all the information and compelling reading over the years; I will continue to be a fan of the paper, however … congratulations … you’ve disappointed and infuriated me yet again, although I take it this was the objective by printing another racist joke in your October issue, along with a condescending referral to the late Dave Allen and the ‘Penguin Book of Jokes’, which fills me with utter contempt. Unlike your anti-Irish Semitism and borderline fascist ‘comedy’ they have been consigned to history. Did you hear the one about the navvy looking for digs? The landlord says ‘sorry, no Blacks, Irish or Dogs’. Ha, ha, ha. Surely you must see the upset this tripe is causing Irish nationals?

 Trevor Grove, Chairman, the Board of Directors of Inside Time writes: 'There have been complaints about our alleged insensitivity in running Irish jokes sent in by prisoners on our Comedy Corner page in the last two issues. We still think these jokes were neither racist nor malicious, simply examples of a long-established tradition of humour, prevalent among different communities all over the world and seldom ill-intentioned. Of course, we stand to be politically corrected. We have already published letters from some readers who say they were offended. Above we print the views of two Irish citizens serving sentences in the UK who take opposing sides. We have also invited Conor McGinn of the Irish Council for Prisoners Overseas, who complained to an Irish newspaper about the matter, to write us a letter for publication. He has declined to do so.' If you would like to contribute to Mailbag, please send your letters (concise and clearly marked) to ‘Mailbag’, Inside Time, Botley Mills, Botley, Southampton, Hampshire SO30 2GB. To avoid any possible misunderstanding, if you have a query and for whatever reason do not wish your letter to be published in Inside Time or appear on the website, or yourself to be identified, please make this clear. We advise that wherever possible, when sending original documents such as legal papers, you send photocopies as we are unable to accept liability if they are lost. We may need to forward your letter and /or documents to Prison Service HQ or another appropriate body for comment or advice, therefore only send information you are willing to have forwarded on your behalf.

Insidetime November 2009 www.insidetime.org

Using confiscated property ..................................................... ANDREW WRIGHT - HMP RISLEY A prisoner came to me recently seeking advice about a stereo taken from him because it was not on his property card. He’d been transferred here from another establishment. The day he left the previous prison he couldn’t help but notice said stereo happily playing Radio 2! When he challenged the officer on duty he was told that once confiscated it now belonged to the prison service. As a lifer, I’ve had a similar experience; I was once given a stereo by a prisoner leaving, he wrote a letter passing ownership to me and got it signed by an officer. A few days later I had a cell spin, the stereo was confiscated, and I got nicked for having an illegal item in my cell. The officer denied all knowledge of any such transaction. When I left Woodhill, guess what was blasting out music in reception! Is it the case that confiscated property can be used at will by the establishment? What procedure is laid down for returning property that has been transferred prisoner to prisoner?

 The Ministry of Justice writes: The Safer Custody Offender Policy Group has advised that Governors may confiscate any item found in the possession of a prisoner not authorised to have it, or any item which, although legitimately held, appears to be being misused for a purpose that threatens good order or discipline, or security. Prisoners must be told of the reasons for the confiscation of their property. The governor must then consider what to do with any confiscated item; for example, to authorise it to be held in-possession; to encourage the prisoner to hand out the item to family or friends; to store it until the prisoner is entitled to be permanently released from custody or, in cases where ownership of the item cannot be ascertained, store the item at the Branston National Distribution Centre.

Putting the seg unit on the map ..................................................... DARREN DAVIDSON - HMP DURHAM I think it’s about time I put Durham Prison Segregation Unit on the map. I’m certainly no ‘brown nose’, just ‘old school’ and the staff and governor who run ‘G’ Wing are doing an excellent job. To get respect you have to give respect. I’ve been down the block now for 5 months and each and every officer I’ve come across has gone out of their way to help me; the medical staff as well, even though they are a bit thin on the ground. I’m sick of people whining in your paper about this, that and the other - if you don’t like being stuck inside then don’t commit the crime. And things can’t be as bad as the people we have hurt getting ourselves incarcerated in the first place … and in case some you have forgotten, they are called ‘victims’. If you want to beat the system, I’ll tell you exactly how; don’t come back in, don’t re-offend; it’s as simple as that. I don’t need to have letters after my name to work it out and neither do you; believe me, it’s my last time inside.

....................................................... AARON CRAKER - HMYOI PORTLAND

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

on e els e wa s to bla me ? me so at th ct fa e th or y ur Yo ur inj In jur y So lic ito rs d wi nn ing Pe rs on al ar aw e ar s an d el Am ve th e ex pe rie nc e an ide . We ha wi th ag en ts na tio nw st dif fic ult ca se s. an d wi n ev en th e mo on e tak to se rti pe ex wi ll go aw ay qu ick ly. So at lea st on e pa in on e of ou r pe rs on al vis it wi th a e ng ra ar d an re To fin d ou t mo tea m, Am elan s Sol icit ors ca ll Ph il Ba nk s on : Bar low Hou se 708 -710 Wil msl ow Roa d Did sbu ry Man che ste r M2 0 2FW.

%& +& ) () ) *) *

www.amelans.co.uk PERSONAL INJURY SOLICITORS

Any item of a prisoner’s property that has been confiscated must not be used by an establishment. If a prisoner believes that the holding establishment is using an item of their property, the prisoner may submit a request and complaint, asking that the matter be investigated.

Julian Young & Co Specialists in all aspects of

PRISON LAW including Adjudications, Parole Board and Oral Hearings and

CRIMINAL DEFENCE & APPEALS Nationwide Service For a prompt friendly response C o n ta c t J u d y R a m j e e t a t : JULIAN YOUNG & CO 57 Duke Street Mayfair London W1K 5NR

I would like to say a big thank you to all the staff at HMYOI Portland who organised the family day in September; it was a very good day. There were lots of things to do and the photos they took were very nice. Thank you, again, for the best day I’ve ever had in prison and I really hope they have more family days.

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

0207 4932211

Samuel Ross Solicitors 253 Camberwell New Road London SE5 0TH

Sean Hodgson, released on appeal after 27 years, was represented by Julian Young.

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Insidetime November 2009 www.insidetime.org

Pot about to boil over .....................................................

If you would like to contribute to Mailbag, please send your letters to ‘Mailbag’, Inside Time, Botley Mills, Botley, Southampton, Hampshire SO30 2GB.

discrimination! Would this have happened if it was a white on black incident as opposed to a black on white one, I think not!

CHRIS LONGMUIR - HMP HIGHDOWN

No wonder resentment is growing with all this so called ‘positive discrimination’. Mark my words, this ‘pot’ is about to boil over.

I wonder if other readers have noticed the growing undercurrent of resentment that the ‘white Anglo Saxon’ prison population is currently experiencing with regard to being made to feel like second class citizens in their own country.

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

There’s a big problem brewing here and it’s no wonder that support for far right groups such as the English Defence League (EDL) and British National Party (BNP) is growing. It’s fair enough having a Black History Month (BHM) but we all know the response that would be given if a White History Month was mentioned. We have no choice whether we take part in BHM or not. The menu, even the films shown on the DVD channel are all included. Quite recently exercise was cancelled because there weren’t enough staff to cover both exercise and a service for a Muslim Festival. I know nowadays I’m probably not being politically correct and doubtless this won’t get published, but this is an issue that I feel needs consideration by Inside Time. What has prompted me to write this letter? I have put in two ‘racist incident’ forms in the past month because I have been the victim of racial incidents by another prisoner. However although spoken to by the diversity manager, and with the prisoner admitting making racist comments, no action was taken and the person is still in a position to continue with the

MARK HEPPLES - HMP DURHAM My cell-mate and I could not believe our eyes and did a ‘double take’ upon reading an article in the Daily Star on September 27th which could only be described as racist. The article proves that race laws only exist for Asians and Africans and do not count for whites and referred to Chris Hollins and his Polish partner Ola Jordan, who said she refused to dance with him if he had not had a spray tan and told him he ‘looked like a milk bottle, disgusting and pale’. Surely these comments were racist? If that had been said about a non-white person by a white person the race card would swiftly have been produced and played by all and sundry, but because it is about a white person it’s deemed acceptable; a pure case of double standards. This is a person who came to our country from Poland slating our race. Would this be acceptable if I, a white man, went to Africa and said to a national paper ‘I wouldn’t dance with her because she’s too dark and looks disgusting’? I don’t think so! Get her kicked off our screens then arrest her for racist behaviour. These comments not only upset me and my pad mate but also other lads on the wing. These are the sort of words that start racial tension, especially on crowded wings with black and white prisoners.

Methadone is dangerous! ................................................................................................................. NICK VASSILIOU - HMP ELMLEY I write with regard to the contribution ‘Methadone Myths’ by Steve Thomas that features in your August issue. I agree with Steve on the title but not the content. I am a peer support worker at Elmley for CARATS and House-block 3. I don’t say I’m an expert when it comes to methadone but there are a few points that Steve was not quite accurate about. Firstly, methadone does rot your teeth if you use it for a number of years, even if you brush your teeth day and night. This is because the majority of maintenance users don’t get the chance to brush their teeth straight after use and often choose not to due to yet another myth; that is if you drink water with your methadone it weakens it. Not true! If you drink 100-200mls of water after your dose it reduces the risk of your teeth rotting as it prevents methadone sticking to your teeth, but this and brushing will not stop tooth decay. If you take methadone for a year or more it will only help slow the rotting process down. Secondly, Steve is correct about methadone not being invented on Hitler’s birthday but invented by the Germans for the SS for it’s painkilling properties if shot and was tested on the troops. Finally, he may think that taking methadone for life won’t hurt him or affect his life but that really is a myth; prolonged use of methadone is very damaging to the liver and kidneys, let alone the mind.

CREIGHTON & PARTNERS SOLICITORS

AA LAW

FAMILY LAW SPECIALIST

solicitors

serving the southeast

Divorce

"If you treat prisoners like animals, locking them up for 23 hours a day, you only have yourself to blame if they come out embittered and immediately re-offend."

Community Care

Inspector of Prisons for England & Wales 2001)

Care Proceedings Contact with Children

(Lord David Ramsbottom, former Chief

Contact the Family Law Team at:

Creighton & Partners 24 Bedford Square LONDON WC1B 3HN

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Mailbag

5

Recipe request ................................................... GILLY JAMIESON - HMP MORTON HALL I am putting together a booklet here at Morton Hall and would like to ask people at other establishments to participate and send in their recipes or even ideas they may have. The booklet I envisage would be for ingredients that DHL supply to prison canteens and for all to share. Each establishment, hopefully, will have one in their kitchen area to use and each recipe would take 15 minutes or less to cook! I am asking that prisoners throughout the UK send me their recipes as soon as possible. Every recipe will have your name at the bottom so everyone will know who sent it. This will demonstrate that we can all learn about different cultures and how different ingredients can be cooked, but most of all we can use the microwave correctly! I want to make this fun and easy for all. So why not join in and send me those brilliant recipes for everyone to see … let’s get cooking! Write to: Ms Gilly Jamieson VM4724, HMP Morton Hall, Swinderby, Lincoln LN6 9PT.

Best set of rules ................................................... KENNETH HARDING - HMP FRANKLAND I write in response to the article by Brian Uttley in your September issue. Like Mr Uttley, I am an inveterate atheist who believes that God did not make man, man made God. I also believe that our only links to eternity are through our children and our children’s children. And therefore I do not disagree with any part of the article. However, I have to take him to task because, in my opinion, he has utterly missed the point about The Sermon on the Mount. It matters not one iota who wrote The Ten Commandments, be that Moses or Tom, Dick or Harry; the fact remains they are still the best set of rules ever devised by which mankind should strive to live by. I do not believe in God, yet I firmly believe in The Ten Commandments.

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Tweetheart ..................................................... PAUL BROWN - HMP SWALESIDE Can Inside Time offer advice on Prison Service national policy reference taking your budgie when transferring between different category establishments? I have had my budgie for over five years and any pet owner will tell you how close you become to your animal. To be told you have to abandon it is very distressing, cruel and stressful for both the animal and yourself.

 The Ministry of Justice writes: The policy is set out in Prison Service Order (PSO) 1250, Prisoners Property; the part relating to pets in prison is at Annex A (page10). Any pet that a prisoner is permitted to keep is entirely at the discretion of the Prison Governor. Therefore if Mr Brown wishes to take his pet bird with him when he is transferred to a category C prison, he will have to submit a request to the Governor at his next establishment. It is the case that many Governors do not allow caged birds in the in-cell property list and there are a number of reasons for not allowing them in possession. These include: • The health and safety issues for prisoners, birds and staff; • The capability of the individual to care for the animal; • Structural and accommodation issues such as cell sharing; • The cost of potential veterinary bills where an individual is unable to pay.

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Reducing parole delays

Education and denial of guilt

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

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

CONRAD ASQUITH - HMP RISLEY

MATTHEW EVANS - MANAGING SOLICITOR AT THE PRISONERS ADVICE SERVICE (PAS)

In statistics quoted by Lord Bach (Parliamentary Under-Secretary of State); as of June 25 2009 there were 1,801 IPP prisoners over tariff with 67 released on licence. I would like to know how many parole hearings that were listed for the months of June, July and August 2009 went ahead; how many were cancelled; and how many hearings get booked each month?

The Prisoners Advice Service recently represented a prisoner who has consistently denied his guilt of the index offence and as a consequence refused to participate in offending behaviour work that he regards as amounting to an admission of guilt.

It would be interesting for those of us that are over tariff to see how long the waiting lists are. I am more than a year over tariff and can’t even make the list until 2010. Fifteen months delay will not rule it a breach of the European Convention. Your legal right to a Judicial Review will not take place until several years over tariff – welcome to British justice. Just as Parliament intended the IPP sentence to work; a ‘lock them up and throw away the key’ policy at a cost of millions.

 Pat Boshell – Head of Corporate Services, the Parole Board writes: The statistics requested by Mr Asquith are as follows and relate to 3 member oral hearings cases. June 09

July 09

August 09

TOTAL

Cases resolved

174

150

103

427

Deferred/adjourned at hearing

34

35

18

87

Deferred/cancelled pre hearing

60

46

35

141

TOTAL

268

231

156

655

In relation to the figure of 1,801 referred to by Mr Asquith, this includes both lifer and IPP prisoners and not just IPP cases. However, the increasing number of indeterminate sentence cases that the Board is expected to consider is of concern and the Board is working closely with the Ministry of Justice and others to reduce delays. Some of the measures that are now being taken include:• Amended Parole Board Rules. These came into force on 1 April 2009 and allow the Board greater flexibility in the way hearings are arranged. For example, it is now possible for non-judicial members to chair IPP hearings which will increase the number of IPP cases considered; • Taking steps to recruit and retain more judicial members; • Implementation of the Generic Parole Process which was launched by NOMS on 1 April 2009 under Prison Service Order 6010 so that all parties involved in the parole process now have specific targets to meet; • A new central database that can produce more accurate projections and track progression of cases more effectively; • Updated guidance for NOMS staff on the new parole process, raising parole cases as a priority area of work; • Joint working with NOMS to produce a training and guidance pack to improve quality and timeliness of parole reports; It is worth mentioning that the vast majority of the determinate sentence cases referred to the Board are considered by Parole Board members on the papers alone and there is no backlog with these cases. In 2008/09 this amounted to over 20,000 of the 28,000 cases considered by the Board. However, it is the increase in the number of oral hearings for indeterminate sentenced prisoners that has led to the delays. In 2001/02 there were 466 oral hearings; by 2008/09 this had risen to 2,757. The Board is aware that delays are frustrating for prisoners and has introduced a listing prioritisation framework to ensure that cases are considered fairly. However, until additional judges are recruited I regret that delays will continue.

Talking sense

Whilst in prison he has undertaken a number of educational courses and following his transfer to HMP Long Lartin applied to study an Open University course. He was told however that he would be removed from the course because he would not participate in ETS and that he would be removed from all formal education if he did not comply with his sentence planning process. Rule 3 and 32 of the Prison Rules 1999 confirms the benefit derived and the right to access to education either through distance learning, private study and recreational classes. PSO 4201 makes clear that Open University study is a form of study generally available in prisons. Neither Rule 32 nor the PSO makes access to Open University dependant on the admission of guilt and that all prisoners should be able to benefit from education. Rule 8 of the1999 rules confirms that a failure to comply with sentence planning should be dealt with through the incentives scheme rather than through the denial of education. Finally, Article 10 of the ECHR is engaged by the state preventing an individual from receiving information that another wishes to impart to him (Leander v Sweden (1987) 9 EHRR 433), and article 2 of protocol 1 encompasses a right to access educational institutions. The state can lawfully interfere with these rights but only if the interference is proportionate (see e.g. Jersild v Denmark (1995) 19 EHRR). A challenge by way of Judicial Review was issued. The Prison Service response made it obvious that a local and unpublished policy was being applied in this case, whereby HMP Long Lartin had decided to refuse education to those who denied guilt and/or who refused to participate in their sentence plan.

Mr Justice Blake (pictured) considered the application for permission on the papers. In granting the application he stated that: “I cannot imagine a failure to acknowledge guilt by itself could be a lawful reason to prevent access to such an educational course”. The Prison Service has now agreed by way of a consent order to allow this particular prisoner access to the Open University course next year. It has also agreed to amend the local policy so prisoners at HMP Long Lartin are not refused education simply on the basis of the denial of guilt. However prisoners should be mindful of the fact that other prisons may have or develop similar policies and that these policies will be applied even though someone may have been permitted to study in at least one other prison. However a policy which links the right to education solely to sentence plans and a denial of guilt is potentially unlawful and should be challenged. * The PAS is a Charity providing free legal advice and information to prisoners in England and Wales regarding their rights. It is independent and receives no Home Office or Prison Service money. Education section pages 34-41

Where are you now? ................................................... JOCK BALFOUR - HMP LINDHOLME I was in Ashwell Prison when the riot erupted and along with 400 other prisoners was transferred. I am writing to see if you could help me find someone; I’m afraid I don’t know his full name or number - only that his first name was Nadj, he was on ‘B’ wing at Ashwell and came from Burton-on-Trent. I know he reads Inside Time, so if anyone knows where he is now, could they please write to me: Jock Balfour A3822AC, HMP Lindholme, Bawtry Road, Hatfield Woodhouse, Doncaster DN7 6EE.

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Closing ranks .................................................. ANVER JEEVANJEE I refer to your October issue about how the culture of ‘closed ranks’ rather than equality or justice still flourishes with impunity within our prisons. The system of illegal apartheid in British institutions such as prisons is still quite endemic, despite the Lawrence and other enquiries. Prisons have not changed since I was sacked on the same pretext from the voluntary duties I enjoyed almost a decade ago. I served on the Prison Service Race Policy Group at PSHQ for well over 7 years, creating policies never to be implemented, as well as a member of the Board of Visitors (now IMB) for 13 years. As a BOV member, I personally suffered the kind of contemptuous attitude to my observations, monitoring or complaints from white colleagues, governor or staff who collectively closed ranks against me. Your reports of the intimidation and humiliation caused to former prison officer Amit Kajla and the assault on Paul Smith by prison officers (ignored by the IMB) fall into an almost similar category to that which I suffered. At the time there were very few nonwhite staff, in fact I was the sole member, and the practice was that those of us who complained of racist attitudes by white colleagues were transferred to other prisons until they finally got frustrated and resigned. Perhaps I ought to have used the courts then; although at the time one was somehow protective of the service falling into disrepute. Nevertheless I complained at the highest level, including the powerless black Minister, but the only investigation that took place was by the same ‘old boy white network’ who was the actual primary cause. It was like a group of burglars investigating a burglary or drug dealers monitoring addicts. All they recommended was for me to resign. I circulated my case in the year 2000 throughout the service. Some deplored the situation then but nothing happened and I had to leave. If anyone would like to contact me now, I can elaborate further about the continuance of our barbaric system. Write to Anver Jeevanjee, c/o Inside Time, Botley Mills, Botley, Southampton SO30 2GB.

Turning a blind eye .................................................. SID WRIGHT - HMP LOWDHAM GRANGE In anticipation of a Tory election victory next year, I fear that David Cameron will be forced to trade the moral high ground of pre-election pledges and party manifesto for the marketplace of harsh reality, tough economics and broken promises. Deep down in our heart of hearts, I think we all know it’s going to end in tears. In many ways the next government is doomed to eventual failure, having inherited a poison chalice, a veritable albatross of an economy from an outgoing government that prostituted itself to a whole legion of bankers and financiers hellbent on seeking unattainable targets for annual bonuses that beggared belief. Considering these institutions safeguard a great deal of the public’s hard earned cash,

you would have thought that the government of the day would have been obliged to drop in from time to time to check all was well and above board. But no! It’s not that they were foolish or naïve, oh no, the mere thought of a son of a Presbyterian Lay preacher and a former Edinburgh Lawyer, prudence personified, being naïve is ridiculous! In my view they were reluctant to open Pandora’s Box and peep inside because they were coining it and left well alone. Now that the lid has been blown off and the evils released on an unsuspecting world, with the taxpayer forced to bear the brunt and pick up the tab, all that’s left is hope - of the variety that can only be conjured up by an ingoing, fresh prime minister; the ultimate victory of optimism over experience. Good luck to him, he’s going to need plenty of it! As things stand, I’m not completely sold on Cameron. Although he’s attempted to stitch himself into the fabric of middle working-class Britain, I fear that his real roots lie in the Bullingdon Club and Oxbridge Mafia that have ruled the roost since time immemorial. There to serve big business and the elite few; so vote with caution dear reader, for it really is the case that you are stuck between the devil and the deep sea of blue.

Unlawful detention .................................................................................................................. NAME SUPPLIED - HMP CHANNINGS WOOD It is my belief that many life sentenced prisoners may be unlawfully held in detention without a review by an ‘independent body’ (Parole Board) that is clearly a breach of Article 5(4) of the European Convention of Human Rights Act 1998. Parole Board backlogs have been increasing for some lengthy period and since the introduction of IPP sentences, it seems more likely that those responsible (Secretary of State and Parole Board) did not take into account the increasing need to manage the high number of hearings that would be required in the future and provide a suitable structure to manage the increase in an appropriate manner. There seems to have been no improvement in terms of decreasing the number of backlogs at the Parole Board, and delays continue to increase even under the 'New Parole Board Listing Framework' due to the lack of manpower available. Many life sentenced prisoners are entitled to have an effective hearing of review to the lawfulness of their detention no later than the date decided by the Secretary of State for the hearing, and certainly within the statutory maximum period of two years since their last review.

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Putting lives on hold ..................................................... MATTIE DIXON - HMP PETERBOROUGH As inmates at Peterborough there are some things that we learn to accept or at least tolerate over time: no hot water; poor healthcare; late post; to name but a few. These affect prisoners and although annoying we learn to live with them. However, when friends and family are affected by the prison’s inability to run effectively then questions certainly need answering. An unofficial survey by TV’s Watchdog programme found that the average time BT made customers wait ‘on hold’ when calling customer services was 35 minutes; Sky internet services was approximately 45 minutes. This was deemed unacceptable by an independent regulatory body; they ruled that an acceptable time to wait was no more than 15 minutes. So, is it right for my girlfriend to be made to wait over an hour on hold while trying to get through to Peterborough’s visits booking line? Is it right that my friends dread ringing the prison to book a visit because they know they will have to spend the next 45 minutes minimum with the phone stuck to their ear? I would like to know it the Governor would be happy to be on hold for over an hour? I am lucky that my girlfriend is in a position to hold for so long, yet how do people get visits if their visitors work all week and can’t be on hold for that long? One inmate told me it cost his wife approximately £20 a week on her mobile to book a visit. I have been at HMP Peterborough for approximately 70 weeks - that is nearly three days in total that my girlfriend has spent on hold to the prison. The Prison Service claims to encourage family ties and support - let’s hope that those families have a lot of spare time and even more phone credit.

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Open conditions Digiboxes becoming obsolete for IPPs ..................................................... ....................................................... MARK BOLWELL - HMYOI GLEN PARVA

Welcome to hell ..................................................... MATTHEW LOGAN - (FORMER LEGIONNAIRE) HMP LITTLEHEY It was with great interest that I read the article in your September issue by Charles Hanson on the French Foreign Legion. I am an exLegionnaire and whilst I fully agree with most of what he wrote, I feel I must correct him on one or two points. Firstly, all new candidates/volunteers will be given the choice within two hours of arriving at any Legion base to change their name, but before this can be done they must declare with complete honesty if they are on the run or AWOL from their country’s armed forces. The Legion will do a full and complete security check. Only one ID is now required, which must be a photo ID. If you turn up at any Legion base you will stay there for up to four weeks then be moved to Legion HQ at Aubagne, not far from Marseille. The volunteer will spend the next 4 -8 weeks having tests, rigorous, and at times endless medical checks and security interviews. Then, and only then, will the volunteer be asked to sign his enlistment contract for five years service; this will only be done if the Legion wants you and you still want to volunteer. Make no mistake, once you have signed that contract you are in the Legion and they are now your family. Welcome to hell! Next stop is the farm for 16 weeks of blood, sweat and tears in basic training before being posted to a unit. A recruit’s future is not safe and they can be rejected at any moment. Basic training ends with a five-day field exercise which includes a 75 mile forced march. Some take to Legion life like a duck to water, others fall by the wayside and some go AWOL. The Legion was and still is my family; we will always be brothers at arms regardless of nationality, race or creed. Today’s Legionnaire may well train to be skilled at computers, complex engineering or a mechanic, but first and foremost his main job is as a soldier and this means combat. He will, at all cost, protect his family, his Legion.

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I am an IPP prisoner with a tariff of just under three years. I would like to know what I have to do to be considered for open conditions once I have completed my OASys plan and no longer considered a risk because officers here, who are very good and helpful, do not get many IPP prisoners and seem unsure of the procedure. I would be grateful for your advice. Lifers have a ‘Lifer’s Manual’, so perhaps the Prison Service should consider bringing out a similar manual for IPP prisoners?

 The Ministry of Justice writes: The transfer to open conditions of IPP's is covered in Prison Service Order 4700 "Indeterminate Sentence Manual". An IPP will usually have a pre-tariff parole review around three years prior to tariff expiry or at the half way stage where the prisoner's tariff is over three years. The purpose of this review is to consider the offender's transfer to open conditions only, as they cannot be released from custody until they have served their tariff period. The Public Protection Casework Section at the National Offender Management Service considers all Parole Board recommendations for transfer to open conditions and will make the final decision whether to accept that recommendation. If a prisoner's tariff is less than three years the first review will be at tariff expiry where the Parole Board can consider release and open conditions at the same time. It must be remembered that the Parole Board do not necessarily require an IPP prisoner to spend a period in open conditions, but this is dependent on the facts of the case. However, the Public Protection Casework Section will consider individual cases where prisoners do not meet the criteria for a pre-tariff parole review, and arrange for an exceptional pre-tariff review. Mr Bolwell should discuss this with his Offender Supervisor and Offender Manager to establish if an exceptional view is warranted, although the decision to grant one rests with the Public Protection Casework Section. All IPP's are allocated an Offender Manager who can provide advice and guidance on sentence planning and progression thorough custody, as well as Offender Supervisors within establishments.

m

c

 The Ministry of Justice writes:

Could the Prison Service explain for everyone’s benefit the confusion regarding digibox rules? Some people have them, some do not. It is the same at every establishment. There is also the serious concern of bullying, and how the Prison Service cannot see that these two things are linked is beyond me.

Prior to October 2006, a few establishments allowed prisoners to have their own digiboxes in their possession as part of the Incentives and Earned Privileges scheme. However the Prison Service, in common with everyone else in England and Wales, is anticipating the switch to digital reception over the next few years and digital is increasingly replacing analogue transmission across the prison estate.

A new guy comes into prison, sees another person with a digibox and finds out he can’t order one. His next course of action is to either buy one illegally or, failing that, intimidate someone into giving him theirs. There are no security issues with digiboxes. The only reason is to stop the public yet again maintaining that we have too much comfort inside. These boxes are now less than £10 and it is us that are paying for them. Soon the Prison Service is going to spend countless thousands on transforming our televisions to digital; surely it would make economic sense for prisoners to buy their own digiboxes and save thousands of pounds to invest in courses instead.

For a prompt response contact contact

Talia Martin Mulrooney Craghill Solicitors Basement, 44 Grand Parade Brighton BN29QA 01273 692020

Digiboxes will not work with the new equipment and prisoners will find that their boxes become obsolete in an increasing number of prisons as the switchover progresses. In view of this the Prison Service made the decision not to permit the purchase of any digiboxes after October 2006. Some prisons will still permit existing digiboxes in possession as part of their local Incentives and Earned Privileges scheme for as long as compatible television systems remain in use. As the switchover is rolled out, prisoners will have access to the five terrestrial channels and an additional four channels that will be specified according to local policy.

Video links ................................................................................................................. STANTON DAVIS - HMP BRIXTON I have just come across ‘virtual sentencing’. I had a letter from my solicitor telling me that I was at Inner London Crown Court. I packed my belongings but then received a ticket telling me I was to be on video link, which was a first for me. Is it right that you can be tried and convicted without being there? No chance to ‘vet’ the jury or for them to get an impression of you; this does not seem like a fair trial to me.

 The Ministry of Justice writes: At present there are 152 Magistrates courts and 30 Crown Courts that are equipped with the Prison Court Video Link system. In addition to this, most of the Crown Court centres that do not have PCVL equipment are able to connect to prisons on a pre-planned basis for ad-hoc hearings. Prisoner Escort Services continually monitor national video link usage and encourage both HMCS and prison establishments to use video links at every opportunity. With hearings taking place over video link a prisoner does not have to wait in reception for a number of hours before being transported to court. After a hearing they would usually have to wait in court cells with other prisoners for up to 5 hours before being transported back to a prison; not necessarily the prison they left that morning. This can mean a prisoner is out of the establishment for up to 12 hours. With the exception of trials, everything else can be heard by video link and the hearings usually last no longer than ten minutes, which enables prisoners to continue with their daily routine. Prisoner Escort Services value feedback from prisoners that have experienced hearings by video link. Since commencement of the project in 2002, many thousands of hearings have taken place by video link and there has only been positive feedback received from prisoners.

Views expressed in Inside Time are those of the authors and not necessarily representative of those held by Inside Time or the New Bridge Foundation.

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Allow us to purchase digiboxes; that way saving the prison service money and also keeping prisoners calm and happy in these days of seemingly increased time spent behind our doors.

ANTONY ALDIS - HMP SWALESIDE

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BNPs cheap shot at prisoners ..................................................... JOE BLACK - CAMPAIGN AGAINST PRISON SLAVERY I thought it was about time someone said something about BNP leader Nick Griffin's reason for his wearing the British Legion poppy and his abusive comments on prisoners. Someone really should put Griffin straight about prisoners and what the ‘pleasure’ of watching TV costs them. His totally spurious reasons for continuing to wear the British Legion poppy, despite having been asked by that organisation to stop doing so, were redundant even before he dreamed them up. But, like all politicians, when has that ever stopped him from trying to get a bit of publicity exploiting cheap shots aimed at prisoners. He claims (in a BBC interview) he will continue to wear the symbol whilst … "Young British soldiers, sitting in hospital in Selly Oak, having lost limbs fighting for the country, are having to pay to watch TV in the wards, while criminal scumbags are sitting in prison watching TV for free", or as was more diplomatically put on the BNP website; "While criminals in prison enjoy such privileges at the taxpayers’ expense", allegedly at the 'request' of these soldiers' families.

Fighting for my rights ....................................................... JONATHAN HEAP LLB - HMP HAVERIGG

If you would like to contribute to Mailbag, please send your letters to ‘Mailbag’, Inside Time, Botley Mills, Botley, Southampton, Hampshire SO30 2GB.

Mixing every day with so many ex-prisoners, one would have thought that he would already know that the only TVs prisoners get to watch are those in association areas, where they have little or no control over what is on. If they want to watch TV over which they have control, they have to 'earn the privilege'. And if they have earned the ‘privilege' it costs them £1.50 a week to hire that TV. When you consider the average weekly wage for a prisoner is around £8 - that amounts to nearly 20 per cent of their wage. I bet Griffin would not countenance paying 20 per cent of what he is earning from the EU parliamentary gravy train on the same 'privilege'. If he is so concerned about hospital patients being forced to pay exorbitant prices for the privilege of watching TV, or for making and receiving phone calls from their beds, he should be taking on the people who negotiated these lucrative deals with the private providers, not taking cheap shots at prisoners. After all, they are suffering the same sort of extortion on the pricing of their phone calls to their nearest and dearest.

....................................................... CHRISSY SCOTT - ADDRESS SUPPLIED

I’m writing in response to Gerard McGrath’s article in your September issue about the British National Party (Wolves in sheep’s clothing). As a person who supports the BNP 100%, I’m not normally one to cast aspersions upon anyone but I was gobsmacked that Gerard could even compare BNP members with paedophiles! His pejorative comments and infantile attempt to put the BNP down is weak. When I received my sentence, not only did I have to come to terms with a spell in prison but face the disappointment of seeing four years hard work at University flushed down the toilet, as I wouldn’t be able to participate in my final exams. When I arrived at Haverigg these fears were relayed to the education department, who immediately set about trying to fight for the right for me to sit my finals. The education team (especially Edwina Harris), and employment support officer Kenny Evans, on a project run by the North West Development Agency, eventually persuaded the university to allow me to sit the exams. Not only that, they provided me with the help of the rest of the department, ample resources, time for revision; and without this help and support I would never have received a Bachelor of Law with Honours.

On 11th September 2009, I received the great news that I had passed the final two exams of the Law Degree I was studying at the University of Central Lancashire before being sentenced to 28 months imprisonment (possession with intent to supply) in January 2009.

The education department has come in for criticism recently but I wanted to point out what a terrific job they did for me and to show that it is not all doom and gloom here at Haverigg. Their efforts are greatly appreciated. Education section pages 34-41

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9

Decrease in the brewing of hooch

Hiding behind Islam

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As a person not in for sexual offences, I was interested to read the article in your October issue by Shahida Begum and Simon Rollason on Muslim inmates participating on the Sex Offender Treatment Programme. However, I consider their approach to be very unprofessional; this issue is causing controversy within prisons up and down the country.

AMOS MOOBENG - HMP DARTMOOR I was in a Cat B prison and able to buy sugar from the canteen. Now I’m in a C Cat but I’m not allowed to buy sugar. I wrote to the governor who replied that ‘given a recent spate of abuse, in that some prisoners were making hooch, the matter was discussed by the security department and prisoners are no longer allowed to buy sugar’. This is nonsensical. Everyone with a brain cell knows that you can make hooch with bread and fruit; therefore taking sugar off the canteen list does not solve anything. What is the position of the Prison Service regarding this issue?

 The Ministry of Justice writes: We should first of all explain that, regrettably, up until the new policy was introduced, there were an increasing number of alcohol related incidents at Dartmoor, including assaults on staff and prisoners alike. Following a thorough analysis of the problem, these incidents were found to have been linked to and fuelled by the brewing and consumption of fermenting liquid. The safer custody and violence reduction staff at Dartmoor identified that prisoners’ consumption of alcohol was impacting adversely on the safety of others and the good order of the regime. Dartmoor’s first priority is to provide a safe environment for staff and prisoners, which necessitated action to address this problem. Following discussions with a wide range of stakeholders, including prisoners themselves via prisoner forums, healthcare, catering and CARATS staff, measures were introduced, as detailed in Notice to Prisoners 11/2009. This stated that the purchase of fruit juice, tins of fruit and fresh fruit, marmite and syrup would be limited. Prisoners would, however, still be able to access a small allowance of sugar on a daily basis for breakfast or to sweeten their beverages. The decision is reviewed at regular intervals, however we are pleased to advise that the decision to restrict access to these items has led to a significant decrease in the brewing of ‘hooch’ and therefore a reduction in the incidence of violence associated with this practice, the result being a safer environment for all prisoners, staff and indeed visitors to Dartmoor. We are satisfied that managers at Dartmoor have taken appropriate and reasonable action in response to risks posed to the health and safety of prisoners and staff there.

..................................................... SAKIR BHATTI - HMP LEEDS

As Muslims have had it easy for the last decade, the article itself incites us into thinking it is acceptable to exclude ourselves. It is easy for them to say but ask the one that’s actually serving a sentence for sexually related offences and one will say if it helps me get out early then so be it. Muslims generally feel oppressed most of the time. Sharia Law does not apply in prison - all those that take part in sex offender programmes are free to talk about their crime but if a Muslim takes part it is wrong to glorify your sins. Begum and Rollason don’t think within a prisoner’s view; the consequences of not taking part could deny progression. It is not wrong to admit your sins and talk about them, for Allah says: ‘hate the sin but love the sinner’. It is acceptable to repent with others as long as you are sincerely remorseful. I do not condone sexual predators, I have written solely on the issue of Islam. If Begum and Rollason state that Muslims should boycott these courses then in my view any courses that focus on victim awareness are no different. All of them operate by talking about their offences/ sins - this issue would segregate most Muslims within prison and they could face severe knock-backs when being considered for release. During my six years in the prison system I have witnessed Muslims being regarded as superior; unlocked when officers are having lunch; well catered for – they are given fasting packs annually and a big festival laid on at the end of Ramadan. The chaplaincy is well stocked with Islamic books and on each wing there is a compass sign indicating which way to face the holy Qibla. In light of this, wouldn’t it make sense for Muslims to comply as their incentives are more important than the ill-advised issues in the above mentioned article?

....................................................... NAME AND ADDRESS SUPPLIED

I was interested to read the piece in October’s Inside Time about Muslim prisoners feeling that taking part in the Sex Offender Treatment Programme was against Islam and to force them to do it was a breach of their Human Rights. Forgive me but I always thought rape was also against the teachings of Islam. If Muslims have so little regard for their religion that they can commit dreadful crimes, can they really accept that they should escape the consequences in the name of that self-same religion? World Religions page 20

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Insidetime November 2009 www.insidetime.org

Newsround

THE INSPECTOR CALLS... Taken from the most recent of Chief Inspector of Prisons Dame Anne Owers’ inspection reports, Inside Time highlights areas of good and bad practice, along with a summary of prisoner survey responses, at Wandsworth and Pentonville

83% said that prior to arrival they hadn’t received any written information about what would happen to them; 38% said they had problems contacting their families upon arrival; 25% had never been on an induction course; 43% said staff had opened letters from their solicitors or legal representatives when they were not present; 12% said they found it difficult to see the IMB

prison and the absence of effective support for drug users entering Pentonville. Both impacted on bullying and safety: over half the prisoners said they had felt unsafe at some time. All vulnerable prisoners were held in the vulnerable prisoner unit at the time of the inspection, rather than spilling over into other wings, a practice criticised at the previous inspection.

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

The inspection did find considerable improvements to the environment. A previous disregard for the basics of a decent environment had been robustly tackled, and standards of hygiene, facilities and food were now acceptable, given the age and condition of the prison. Staff/prisoner relationships were mainly positive, though they lacked the underpinning of an effective personal officer scheme.

nevertheless later taken by taxi to Pentonville. Those men, and two of the other transferees, were returned to Wandsworth immediately after the inspection was over.

HMP Wandsworth (Inspection 1-5 June 2009 Report published 20 October) This should have been an inspection report that focused on continuing progress and improvement in a prison that has, in the past, been the source of much concern to the Inspectorate, with considerable steps having been taken to change a previously resistant staff culture, increase the quality and quantity of activities, and improve prisoners’ resettlement chances. However, the prison’s reputation has been seriously tarnished by the irresponsible, pointless and potentially dangerous actions instigated at managerial level, in conjunction with managers HMP Pentonville, whereby together they planned to swap a small number of prisoners for the duration of their respective inspections – in Wandsworth’s case to remove five prisoners perceived to be potentially ‘difficult’. The consequences at Wandsworth were particularly serious. Three prisoners from the segregation unit and two from the vulnerable prisoner wing were summarily told on the weekend before the inspection that they were to move to Pentonville. One was new to prison and already identified as in need of protection. Two others would miss medical appointments for serious conditions. Both were so distressed that they self-harmed. One, with a previous history of self-harm, tied a ligature round his neck, cut himself and was forcibly removed from his cell. He was taken to reception, bloody, handcuffed and dressed only in underwear. He attempted self-harm a further three times immediately after his move to Pentonville. The other took an overdose of prescription drugs and needed to go to hospital. On his return, he was

In the view of the Inspectorate, these actions were a clear dereliction of the prison’s duty of care to prisoners, however in terms of the effect on the inspection the prisoner transfers were completely pointless. It is impossible that the views of five prisoners (one of whom had previously contacted inspectors and four of whom have now been separately interviewed) would have influenced the inspection. Indeed, the transfers have had the opposite effect, casting doubt on the governance of the prison and the commitment, at senior level, to the safe and respectful treatment of those in its care. Considerable effort over some time to improve Wandsworth will inevitably be overshadowed by these events; sadly for the many staff and managers who have worked hard to achieve this and this inspection will be remembered for the unacceptable attempts, at managerial level, to subvert the inspection process at the expense of prisoners’ well-being. The Inspectorate described it as … ‘deplorable, not only because of the effects on individuals, but because of the underlying mind-set: that prisoners are merely pieces to be moved around the board to meet performance targets or burnish the reputation of the prison’. As for the inspection itself, first night and induction procedures had improved, as had prisoners’ relationships with staff. There was some positive work on race, though work with foreign national and disabled prisoners was underdeveloped. For a local prison, there was a commendable amount of activity, with some good quality vocational training, and prisoners were out of their cells for a reasonable amount of time. Resettlement work was also developing well, with some good local and community links, though the needs of short-term and remand prisoners (a considerable percentage) were not systematically met. Prisoner survey responses to questionnaires returned by 145 prisoners at Wandsworth indicate that: 27% were foreign nationals; 45% had children under the age of 18; 27% considered they had a disability;

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HMP Pentonville (Inspection 11-15 May 2009 Report published 20 October) The last two inspections found that the prison was performing poorly and failing to reach acceptable standards of safety or decency. This inspection found considerable improvements in many areas and in particular in aspects of respect. However, the prison’s reputation was inevitably tarnished by the discovery, after the inspection, that six men had unnecessarily and pointlessly been transferred to Wandsworth for the duration of the inspection, under an arrangement made by managers in both prisons to provide for mutual assistance during their respective inspections. Of even greater concern was the fact that Pentonville in return received some vulnerable and self-harming individuals for the period of the Wandsworth inspection, at considerable prejudice to their wellbeing. Pentonville was dealing with a potentially vulnerable population, as evidenced by three recent self-inflicted deaths. However, the decisions of managers to swap prisoners during the two inspections increased the risk of self-harm and suicide for the transferred prisoners at this critical time. Two of the prisoners transferred from Wandsworth had made serious self-harm attempts when told of the transfer, and one self-harmed again three times immediately following his transfer. In general, the inspection found that there had been a strong focus on safer custody procedures at Pentonville – both in relation to violence reduction and suicide prevention – though all staff were not yet fully confident about implementing procedures.

With strong leadership from senior managers, work on race relations and with foreign nationals was good. Support for prisoners with disabilities was much less well developed and this too was reflected in survey responses. Healthcare was improving, with an excellent day care centre, though primary mental healthcare and the speed of transfer to NHS facilities for those with acute mental illness were inadequate. There continued to be too little activity for prisoners. Time out of cell was much more predictable and regular than previously, but about a quarter of prisoners were unemployed. Prisoner survey responses to questionnaires returned by 190 prisoners at Pentonville indicate that: 47% had not been sentenced; 20% were Muslims; 24% have been in prison more than five times; 45% said they felt depressed or suicidal in the first 24 hours following reception; 37% said they didn’t feel safe on their first night in Pentonville; 36% said the food was ‘very bad’; 72% said the shop/canteen did not sell a wide enough range of goods to meet their needs; 48% said they felt applications were not dealt with fairly.

Chief Inspector of Prisons inspection schedule 2009/10 07/12 The Wolds 04/01 Bristol 04/01 Guys Marsh 11/01 Feltham (Juveniles) 18/01 Feltham (Young adults)

The biggest underlying problem was substance use: both the availability of drugs in the

Private Eye says we told you so page 12 News from the House page 43

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Insidetime November 2009 www.insidetime.org

Barnardo’s: neglect must stop for children of prisoners

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The things people say…

Barnardo’s is calling for more support for children of prisoners – one of the most vulnerable groups of children in the country The Barnardo’s audit, published on October 19 is the children’s charity’s latest publication Every Night You Cry, found that: • In England just 13 of 150 children and young people’s plans refer to children of prisoners as a vulnerable group and just five of those outline a strategy to address their needs. • In Wales, two out of 22 children and young people’s plans specifically mentioned children of prisoners. • In Scotland, four of 32 integrated children’s services plans specifically mention children of prisoners. • In Northern Ireland just one of the four Health and Social Services Board plans mentions children of prisoners.

Action for Prisoners’ Families Annual Conference Strong support for prisoners’ families is all important in reducing re-offending, Sarah Davis of NOMS (pictured) told delegates at the annual Action for Prisoners’ Families Conference held in Birmingham. Her plan, as head of policy (or Policy Lead as she is officially titled) on Children and Families at NOMS was to involve families in sentence planning and to arrange for every prison to have a Family Support Worker. To the delight, no doubt, of the entire prison population and their families she also said she was currently involved in developing minimum standards for prison visits.

Farida Anderson MBE (pictured) who started Partners of Prisoners (POPS) in Manchester more than 20 years ago reminded delegates of what it was like to visit prisons just two decades ago. ‘There were no visitor’s centres, no refreshment, no crèches and a serious lack of facilities. Visiting rooms were often smelly places and the attitude of staff was generally very unhelpful.’ ‘People need to see families as part of the solution in reducing re-offending rather than the problem. People need also to see families as a positive resource and support those families where they need support’, she said. ‘A customer … on our premises is not an interruption in our work he is the purpose of it’ she added, quoting the words of Mahatma Ghandi.

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An audit of children’s plans across the UK found of the 208,188 - more than 90 per cent - had made no reference to them. This is despite a Government directive for local authorities to consider the needs of these children in their planning, and those children being around three times more likely to be at risk of developing antisocial behaviour or mental health problems. They are also more likely to be living in poverty. Barnardo’s director of policy and research Ms Julian Walker said: “We cannot continue to neglect the needs of these children when there is so much we can do. The consequences of failure to address their needs will rebound on the children themselves and on society as a whole. Almost two-thirds of boys with a convicted father go on to offend if we do not intervene. Barnardo’s has services across the UK which help children to overcome the difficulties they face when mum or dad is sent to prison. “We know from experience that the harmful effects on a child of losing a parent in this way can be buffered and the damaging cycle can be broken.” There are an estimated 160,000 children in the UK who have a parent in prison; more than twice the number of children in care and six times the number of children on the child protection register. A lack of official records means this number may be even higher.

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“A technical error … no worse than not paying the congestion charge” This is what Attorney General Baroness Scotland said when it was discovered she’d employed an illegal immigrant to clean her house.

Barnardo’s is calling for a systematic collection of data on the children of prisoners, courts to have more information about the impact on the children of a defendant of any sentence made and guidance to ensure the needs of these children are specifically addressed in children’s plans.

She is the country’s senior law officer who helped to devise the very law she has now been caught breaking. Employing an illegal worker is a criminal offence and every business in the land was sent a notice saying ‘ignorance of an individual’s status of someone you wish to employ is no defence.’

It is estimated that there are around 160,000 children of prisoners in the UK’ and seven per cent of children experience the imprisonment of their parent during their school years.

£12,500 is the amount of money offered each year as wages by Baroness Scotland to the housekeeper.

Parental incarceration is linked to a variety of poor outcomes: • Children who have a parent in prison are three times more likely to engage in antisocial behaviour and it is reported that 65 per cent of boys with a convicted father go on to offend. • Parental imprisonment is associated with negative school experiences such as persistent truanting, bullying and failure to achieve in education. • Children of prisoners are more than twice as likely to suffer from mental health problems, and are at risk of poor physical health outcomes.

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£38,300 is the amount she claimed each year in expenses for housekeeping (on top of £113,000 salary).

“I’m Harriet Harman you know where to find me” This is what Leader of the House of Commons Harriet Harman said after she was involved in a car accident while speaking on her mobile phone. She allegedly drove away from the scene of the accident without handing over her insurance or registration details - an offence that carries a possible six-month jail term. Prisons are on standby!

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Newsround

Private Eye says we told you so Justice Secretary Jack Straw has been forced to extend his investigation into the “ghosting out” of troublesome prisoners ahead of inspections to make the jails appear calm and well-run writes the satirical magazine Private Eye. When they first broke the story at the beginning of September and reported that governors in two London jails had been caught red-handed swapping prisoners, they said that, contrary to Ministry of Justice assurances, the scam was not confined to Pentonville and Wandsworth. Now, the Magazine says that their sources suggest the investigation will reveal that not only were other governors of prisons moving inmates too, but that they were using other tactics to manipulate inspection targets. One wheeze to make their drug problems appear less severe was to carry out more random testing in “drug-free wings” where they knew they would obtain clear results. Another ploy brought to inspectors’ attention was moving out inmates who had made complaints so that they could not be pursued. And governors have also apparently been manipulating figures for the number of activities taking place, making inmates appear more usefully employed than they are. This year's Elton Trophy award for the best performing prison workshop has been presented to the Braille Workshop at HMP Full Sutton. The unit has been in place since 1997 and has over 50 regular customers. The judges found a highly skilled workshop producing high quality Braille transcripts in large quantities. Officer Instructor Colin Davis, who works in the unit with colleague John Arnison, told Inside Time: "It feels fantastic. I've been in the job 24 years and this has really put the cap on it. I'll be going semi-retired in about 20 months and this will be the crown in my career, it's fantastic." The Elton Trophy is an annual competition and works to improve productivity, workshop hours, quality and delivery from prison industry workshops.

£500 raised Five prisoners from Kirkham have cycled the Coast to Coast route from Whitehaven to Sunderland to raise funds for a local Children’s School. The prisoners were joined by eight members of staff and cycled a grand total of 136 miles over two days. The fundraiser was in aid of Pear Tree specialist school in Kirkham for children with profound learning difficulties. The event raised £500.

Currently, the Secretary of State can use his power to overturn decisions on any prisoner who is serving 15 years or more. This power was most recently used in July to refuse Ronnie Biggs to be released on parole despite advice from his officials to do so. In total the power has been used on 11 occasions since 2004. Napo believes the decision must rest with the independent Parole Board free of political control.

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The Parole Board was originally set up as an advisory body but over time has evolved into a decision making forum. Napo believes that appeals could be heard by a panel of experienced Board members, rather than the current time consuming and costly use of judicial review. Napo believes to that at least one member of the Board must be legally trained and argues that a condition of appointment to the judiciary should be an obligation to serve a fixed period of time as a member of the local Parole Board.

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In its response to a Ministry of Justice consultation on the future of the Parole Board, the National Association of Probation Officers (Napo) has called for it to become totally independent and to be incorporated into the Courts’ system. Napo has also called for the Secretary of State at the Ministry of Justice to lose his power to overturn Parole Board decisions, and for decisions to release prisoners on compassionate grounds to also rest with the Parole Board.

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The things people say…

“I am not a Nazi and never have been” BNP Leader Nick Griffin speaking on BBC Question Time Mr Griffin has defended and praised the Waffen-SS for its “courage and sacrifices”. He edited an anti-Semitic newspaper called The Rune in the 1990s. He has denied the Holocaust outright. He has described Nazism as “a movement that aimed to give a voice to the deepest aspirations of a nation”. He read Mein Kampf at the age of 13 and later said: “I remember thinking, ‘Are the Jews really that bad?’”

“Asylum numbers have come down to about a third of where they were” Jack Straw speaking on BBC Question Time Depends when you measure from. Provisional annual 2008 figures show that there were 25,670 asylum applications. This was 10 per cent higher than in 2007 (23, 430) but still continuing the fall from a peak of 84,130 in 2002. This figure does not include spouses and children. However, if measured from 1997, the picture is different, when claims stood at 32,500. Meanwhile, public opinion suggests that 70% want a severe cut in immigration, illustrating a growing gap between the political class and the public.

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Communication problems A study by the National Association of Probation Officers of 2,306 individuals currently on probation or parole supervision reveals that 85% have either low educational attainment, learning difficulties, problems expressing themselves or understanding what is being said to them. There was wide inconsistency in the responses from members of staff when asked how many of their caseload had learning difficulties; from a low of 5% to 100%. The majority stated that the number with learning difficulties was between 50% and 75%. Inevitably this discrepancy is related to the need for training for probation staff in order to identify language and communication needs of individuals on their caseload. Research collated by the Royal College of Speech and Language Therapists in the past shows that 70% of male offenders have significant communication problems. Other evidence from the same body shows that improved communication skills significantly reduce re-offending. Recommendations include: • There needs to be a thorough assessment of the training needs of staff in the area of speech, language and communication difficulties of individuals on their caseload and awareness training made available; • Staff should be given access to and be able to refer to relevant professionals; • Development of specific programmes that deal with the communication difficulties of individuals is needed as a matter of urgency: A Ministry of Justice study completed in December last year but only recently disclosed to The Times reveals that probation officers spend less than 25% of their time face to face with offenders because of the amount of red tape they must go through. The report says that filling forms, working on computers and responding to e-mails takes up more than 75% of their time, while in some probation areas of England and Wales, officers spend as little as 13% of their time in direct contact with offenders. It was reported that 48 murders and rapes were committed last year by former prisoners despite them being under probation supervision.

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Newsround

Insidetime November 2009 www.insidetime.org

Mobile phone discoveries

NEWS IN BRIEF As Tony Blair poses for Halo Magazine, there are suspicions that he has higher things in mind than being President of Europe when he is spotted feeding a rather large audience some loaves and fishes.

The Prison Service has discovered 8,648 illegally-held mobile phones in prisons in England & Wales in the last 12 months; though it admitted ‘there could be many more’. In response to a parliamentary question, Minister of State Maria Eagle admitted that in the 12 months prior to July this year, 255 phones were discovered at high-security prisons, while jails with lower security reported finding 8,393. These figures include phones confiscated from visitors or spotted sailing over walls in padded boxes but don't include those that prisons didn't bother sending for central analysis or were retained by police pending investigation. July's Blakey Review, although looking mainly at drugs in prisons, also recommends that mobile phone blocking is a ‘sensible option if it can be done cheaply enough’.

Prisoner loses bid to vote



Prisoner Peter Chester from HMP Wakefield has lost his legal challenge to be given the vote. Mr Justice Burton said in the High Court that his application was ‘wholly inappropriate’ and ‘offensive to constitutional principles’. It was entirely up to Parliament to decide whether prisoners should be allowed to vote and it was not for the courts to change the law. Lawyers for Peter Chester had argued that the courts were obliged to re-interpret the existing law because of the European Court ruling in 2005 declaring the voting ban unlawful. It is now widely believed that the Government is trying to kick the issue of voting rights for prisoners into the long grass because it’s more worried about the politics of giving prisoners the vote before the next general election.

A taste of family life Children played games with their imprisoned fathers in a special event held at Dartmoor Prison in October supported by the Big Lottery Fund. The event launched ‘Play in Prisons’, a three-year project spearheaded by the Prison Advice and Care Trust (PACT), a charity dedicated to supporting prisoners and their families and providing practical services at a number of prisons across England and Wales. ‘Play in Prisons’ encourages imprisoned fathers to bond with their children; keeping family ties strong and ultimately helping prisoners not to re-offend. The scheme currently runs at three Devon prisons: Dartmoor, Channings Wood and Exeter. Project workers organise family days at the prisons, including sports-based activities such as football games, as well as face-painting, storytelling, music and an opportunity for families to eat together. Andy Keen-Downs, Director of PACT, told Inside Time: “We know that strong family ties reduce the risk of crime. Whilst it’s not always healthy for all children to visit their parents in prison, in the majority of cases, when fathers or mothers inside have positive family visits, and focus on their parenting, it is good for their children, and it helps keep families together”.

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As voting gets underway in Afghanistan for the second time, President Karzai puts a vote for the opposition in the shredder.

Family disputes or relationship breakdowns can result in every aspect of family life being affected, so it is essential that you find a solicitor that you can talk to easily, that understands you and your needs and that you can trust. Everys provide legal services in the South West to HMP Exeter, HMP Channings Wood and HMP Dartmoor. Everys can help with all aspects of family law including: • Divorce • Contact with Children • Care Proceedings

After a two year loan to the United States, Michelangelo's David is being returned to Italy.

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14

Insidetime November 2009 www.insidetime.org

Newsround

Victorian Prisoner No 9

Miscarriage case gets green light A prisoner who has always claimed he is innocent of the crime for which is serving a life sentence has just won the first step towards getting his conviction overturned. (Louise Shorter writes). Simon Hall (pictured with his wife) currently residing at HMP Kingston for the murder of an elderly woman in Suffolk, has just had his case referred to the Court of Appeal, after new forensic evidence emerged.

Louisa Swain

769 Age: ................................................. 55 Height: ....................................... 5ft 4” Hair: ....................................... Brown Eyes: ......................................... Hazel Complexion: ............................. Dark Born: ................................ Portsmouth Married or Single: .................. Married Trade or Occupation: ............... None Distinguishing Marks: Scar on left arm Address at time of apprehension: 2 Westmoreland Terrace, Walworth Place & Date of Conviction: Surrey Sessions, 9th April 1872 Offence for Which Convicted: Misdemeanour, Inflicting Grievous Bodily Harm Sentence: .......... 9 months hard labour Date to be liberated: ... 8th Jan 1873 Intended Residence After Liberation: 2 Westmoreland Terrace, Westmoreland Road, Walworth Researched by Louise Shorter at the National Archives

79 year-old Joan Albert had been stabbed to death in her home in Capel St Mary in 2001. Trial evidence against Hall relied, almost solely, on black fibres found at the scene, in his vehicle and at his parent’s home. The jury heard fingerprints, footprints and DNA evidence found at the scene did not match his but Hall was found guilty in 2003. Concerns about the reliability of the fibre evidence led The University of Bristol Innocence Project to start their own investigation in 2006. This work formed the basis of the last ever Rough Justice programme in 2007 before the 27 year-old BBC television series was axed in a round of budget cuts. Tests carried out for the programme showed

the fibres linking Hall to the scene should have contained glass as the killer entered the premises through a broken window. No glass was found. Keir Starmer QC, who is now the director of public prosecutions, told the programme: "Simon Hall’s case is really peculiar because there is no particular reason to believe he is guilty of this offence. The one crucial link is the fibre evidence. Break this and the case disappears." The Criminal Cases Review Commission, which had considered the case for more than 4 years before referring it back to the Court of Appeal, said “the referral is based … exclusively on forensic development identified and pursued by the commission and centres on fresh forensic analysis of fibre samples taken from the crime scene and other locations during the original police investigation," The CCRC refers less than 4% of a thousand applications a year back to the Court of Appeal. Of those referred, over 70% are overturned. Simon Hall’s solicitor Campbell Malone, a partner at Stephensons Solicitors LLP, said: "Simon is currently serving a life sentence for this crime and has always maintained his innocence. The decision to refer the case back to the Court of Appeal gives him and his family renewed hope that the conviction will finally be quashed."

Plans to have a TV Election debate with the leaders of the three main parties are shelved as a completely new idea is launched.

Barack Obama desperately searching for peace after being awarded the Nobel Peace Prize only days before refusing to see His Holiness the Dalai Lama who won the prize in 1989.

Married at a ceremony at Kingston jail in December 2008, his wife Stephanie Hall said "We're all thrilled - Simon, me and Simon's family - and hopeful the conviction will be overturned and the truth will come out in the end."

French prison drama wins London festival award

Actor Tahar Rahim accepted the Star of London prize for A Prophet

French prison drama ‘A Prophet’ has won the first best film award to be handed out by the London Film Festival. Angelica Huston (pictured) said the film was "a masterpiece" that had "the ambition, purity of vision and clarity of purpose to make it an instant classic".

The drama is a tense, at times violent, political look at life in a tough French prison, following 19-year old Malik El Djebena. Malik enters prison with no history, no family and no friends, an ‘Arab’ but not Muslim, he falls into no man’s land below the ‘Coriscans’, a group of prisoners who seemingly run the prison from the inside and the ‘Muslims’ and goes to any means necessary in order to survive.

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Letters written by the late Queen Mother have just been found 50 years later. The post office workers union deny they are to blame.

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Newsround

Insidetime November 2009 www.insidetime.org

 Do you know...?

• 56% of students expect to graduate with debts of more than £15,000. 25% think it will take them up to 20 years to clear their debts. 38% think it will take them up to a decade.

• Farmers have been advised to wear ear-

• There are only two men under the age of 25 working in state-run nurseries in England. 27% of English state primary schools have no male teachers at all.

muffs when feeding pigs, to protect themselves from “dangerously” loud squeals. The Health and Safety Executive says the noise of hungry pigs could be as damaging to hearing as that of a chainsaw or power drill, and suggests using mechanical feeders to avoid exposure altogether.

• A report that took two years to compile

• Council officials in Manchester have spent £8,000 producing an illustrated guide to sex for the over-50s. The 47-page leaflet advises older Mancunians to spice up their sex lives by watching sexy movies, and to try a new love-making position every night. It explains that men can use vacuum pumps to help with erection problems and also that condoms are important to prevent the spread of diseases.

and cost taxpayers £500,000 has concluded that rail passengers may experience “negative” feelings if their train is late and no one tells them why. The 178-page report, by the Rail Safety and Standards Board, also found that passengers are likely to be • A 71-year-old disabled widow was prosein a “positive frame of mind” if their cuted for assault after prodding a train is punctual and 17-year-old boy in the chest SH HERITAG announcements are audible. GLI with her finger during a row E N E outside her home. Renate Rt HON JACQUI • 45% of British firms Bowling had endured say they do not plan months of abuse from to recruit any of the youths in Thornton university graduCleveleys, near HOME SECRETARY ates who will come Blackpool, when the Lived here 2008 - Present on to the job marincident occurred. while claiming £116,000 of taxpayers money ket this summer. on her ‘second’ home in Redditch. • Around a fifth of • People working Best known for claiming female drivers say they in media, publishing expenses for her barbecue and have applied make-up and entertainment husband’s porn films. while behind the wheel are the heaviest equivalent to 2.7 million of drinkers in Britain – con£££ Britain’s 15 million women suming an average of 44 motorists. 3% admit to having units a week, twice the recomcaused a collision when distracted by mended maximum. Teachers and transport applying cosmetics. workers are the most moderate drinkers, consuming an average of 24 units a week. • 80% of members of the Conservative Party want a referendum on the Lisbon Treaty even if • Two police officers have been told to stop it has been approved before the next election. looking after each others’ children or face

SMITH

prosecution. The women had each looked after the other’s daughter twice a week while they did their 10-hour shift at work. But someone reported them to Ofsted, which says that, under current law, nonfamily members who babysit for more than two hours at a time, away from the child’s home, must be registered and follow the same rules as childminders. Ministers have ordered a review of the case.

• Gay TV host Graham Norton has been reprimanded for endorsing “offensive stereotypes” after saying that a large woman with short hair (on a picture used to illustrate a new jumpsuit) looked like a “strange lesbian”.

• Nearly two million children under five die each year in India, more than half of them within their first month.

• Police officers spend less than six hours (14%) of their working week walking the beat; they spend eight hours on paperwork.

• An NHS leaflet aimed at schoolchildren says that enjoyable sex is a “right”. The document, produced by NHS Sheffield, is entitled Pleasure, and features the slogan: “An orgasm a day keeps the doctor away.” Inside, it reads: “Health promotions experts advocate five portions of fruit and veg a day. What about sex or masturbation twice a week?”

• A Sunday school teacher was given a police record after she briefly left her children playing together in a park. The unnamed woman, from Wiltshire, left four of her children – the eldest of whom was nine – in the park while she popped into a shop. Police spotted them, reprimanded the mother and logged the incident with the Criminal Records Bureau, labelling her a “risk to children”.

15

Husband of the Year Awards

• The Government has spent £24,765 removing one word from the name of a Whitehall department. The Department for Communities and Local Government (DCLG) has been rebranded as Communities and Local Government (CLG), requiring a new logo and headed paper. In the Commons, a minister explained that the rebranding was necessary to “emphasise the mission of the department”.

An honourable mention goes to the United Kingdom

• Dementia sufferers are being tracked by satnav as part of a trial by Warwickshire county council. The devices are fitted to patients’ belts, so carers can monitor their location on the Internet. “It means my father can go for walks without being wrapped up in cotton wool,” said the son of one patient.

... followed closely by the USA

• One in three teenage girls in the UK has suffered sexual abuse, and one in four has experienced violence in a relationship. Nearly 90% of girls aged 13 to 17 have been in an “intimate” relationship. • In the UK, four out of ten trainee teachers drop out before they even make it into the classroom.

... and then Poland

• There has been a 33% increase in alcohol-related cases seen by A&E departments in England since 2005.

• The World Walking the Plank championship, held annually on the isle of Sheppey in Kent, was nearly cancelled this year due to Swale Council’s safety concerns. Only the last-minute provision of a “water quality certificate” allowed it go ahead. The event’s insurers demanded that contestants, who are judged on their jumps and pirate costumes, be warned that they “could get wet”.

... 3rd place must go to Greece

• For every 1,000 CCTV cameras in London, less than one crime is solved per year.

• The total cost to the UK of the Iraq war to 2009 was £8.4bn. • Private car clampers make nearly £1bn every year. the runner up prize was awarded to Serbia

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The winner of the Husband of the Year Award goes to Australia. The Australians are true romantics, look, he's even holding her hand

16

Diary

Insidetime November 2009 www.insidetime.org

Month by Month by Rachel Billington

This month Rachel Billington goes to the Koestler Awards and admires pictures, tea sets and painted dishes, dancers, singers and Gamalan conductors

I talked about it with Stephanie (pictured below), one of this year’s curators. She’s from HMP Downview and, with five other women prisoners, spent nine weeks choosing and preparing for the show. I wondered if the impact of the show has a gender context: women are more willing to confront the emotions. Debatable, probably. Stephanie paints herself and showed me her own entry The Prophetess and one of her favourites, Rat Race, Anon from HMP Nottingham.

The Goddess by Stephanie

Lucy is another curator and very able to talk about paintings and painters. After assuring me that she and her colleagues weren’t prejudiced in favour of women (who make up 5% of the prison population), she took me off to look at Busted by Patrick John Craggs from HMP Ashwell, Rutland. I didn’t need much guidance; the powerful painting just about jumped off the wall. Then Lucy introduced me to the painter, Paddy to his friends, who has finished his sentence but definitely not finished with painting (see illustration above.) He told me he’d won a Koestler award for the last five years and that he was self-taught, with most of his work done inside his cell. When I asked him how he managed to do that essential painterly thing of standing back and looking at the work in progress, (Busted is big) he said he took the canvas out on the landing, put it at one end and looked along. ‘Luckily, the men put up with me.’

K

Exhibition first. Walking round the 130 works (there were nearly 6,000 entries in 52 different art forms), I was immediately struck by the emotional intensity of many of the paintings. Take, for example, One Off by Noel Parker serving time in HMP Maghaberry N. Ireland (illustration above). It expresses perfectly the longing for freedom which affects people in prison particularly but is shared by the rest of us.

I always enjoy the pottery and this year I bought a beautiful painted dish called Old Clay New Look from Anon in Caswell Secure Psychiatric Clinic, Wales. I like to think that as well as being aware he had created the work of art, the potter was cheered up by his brilliant reds and blues. If I’d been prepared to spend £150 I would have gone for the yellow and black Art Deco Tea Set (see image below) again anonymous and from HMP Wayland in Norfolk. The artist is quoted as saying, ‘Creating it has given me a level of self-esteem I never knew I had.’ Tim Robertson, the energetic director of the Koestler Awards, always makes sure the exhibition is launched with plenty of fanfares. This year there were five speeches, including one from the Chairman, Joe Pilling, Ian Murray, the governor of Downview, and Claire Ward, Parliamentary Under-Secretary of State for the Ministry of Justice. Since the infamous PSI 50/2008 which advised governors that activities for prisoners should meet ‘the public acceptability test’ many arts charities in prison feel that their activities have been or are in danger of being curtailed as their normal contacts play safe and push for permission further up the hierarchy.

One Off by Noel Parker

oestler time is here again and in an ever more spectacular form. It’s back to the Royal Festival Hall, London, for the second year but there are not only the visual arts on display but also Dance, Music and Song. London doesn’t get all the fun however, as there’s already been a show in Edinburgh and one is being planned for Manchester.

Another ex-prisoner, Danielle, formerly from Downview, showed me her self-portrait (pictured above), Life without Colour. She’s been drawing all her life and has an exhibition planned in a Chichester gallery. Anyone who’s not yet entered the Koestler Awards might like to know that the prizes range from £100 to £20 - with the artist keeping 60%, 30% going for Koestler admin (judges aren’t paid) and 10% to Victim Support. Of course there’s also a chance of selling your art; with many of the large oil paintings marked at between £200 and £350.

Busted by Patrick John Craggs with curator Lucy

Tim Snowdon, director of the charity Changing Tunes who gave a performance later in the programme, told me that he has had problems with three prisons where, despite having funds and chaplaincy backing, he is either not gaining access or being refused permission to record. He points out

Eden's Garden Shed - Anon

Tea Set by Anon - HMP Wayland

Diary

Insidetime November 2009 www.insidetime.org bright star. The Royal Festival Hall draws in a totally new audience from the South Bank, which is one of the biggest centres for arts in the world. Many dropped in to watch the three performing charities fill the stage. First it was Dance United with a moving and contemporary dance called Falling Apart in which six couples brilliantly portray youthful relationships to a seven piece strings ensemble playing Vivaldi’s Four Seasons. This was followed by Good Vibrations ‘Working it Out’ Gamelan Challenge. This extraordinary Indonesian bronze percussion instrument has long been travelling the prison circuit, used for teaching lessons of teamworking and communication. On this afternoon, young conductors created the music as he went along. Finally, Changing Tunes came up

17

with songs sung by ex-prisoners Emma and Alex to guitar accompaniment by Changing Tunes musician, Gareth Hamer (pictured). I’d been seen sitting by Emma and Alex for much of the afternoon and was foolishly amazed when they suddenly sprung up and sang their songs with total professionalism. It’s a tribute to Changing Tunes training and of course their own ability to learn. Learning and talent are the two words I always come away with from the Koestler Awards. Almost all the prisoners and ex-prisoners have started with very little experience of whatever art they take up. With the help of their tutors, they surprise everybody, particularly themselves, with the level of their achievement. It is not only a specific education but an education in self-discipline. Don’t let anyone tell you the arts are a soft option.

Emma and Gareth

that over ten years and now in thirteen prisons he has a 100% security rating. He feels his present difficulties are a direct result of PSI 50/2008 and points out that the so-called ‘public acceptability test’ is more accurately a ‘tabloid acceptability test.’ I was therefore somewhat surprised to hear the minister (who had particularly liked the woodwork art) blithely describe arts in prison as ‘the gateway to other more formal education’ and that ‘its unique role should be celebrated’ and, even more decisively, ‘the government is committed to supporting arts in prison and the community.’

Later, Tim Robertson, a cool head, suggested that the arts in prison was ‘a mixed picture’ and decisions were often up to individual governors. He pointed out that the government is paying for the Arts Alliance, of which he is chairman, and that a review is planned of PSI 50/2008. Undeniably, he is speaking from the relatively secure base of the Koestler Awards which, after forty-eight years, could almost be called part of the establishment. The truth remains that many less powerful charities are extremely worried about the situation. Happily, the Koestler Trust’s increasing entries and visibility in the public arena is a very

The Nightmare Begins by Patrick John Craggs

The Last Duff - Gavin Graham

18

Health

Insidetime November 2009 www.insidetime.org

Inside Health... with Dr Jonathon and Dr Shabana Providing this valuable service are Dr Jonathon Tomlinson and Dr Shabana Rauf, both GPs practising in East London. Dr Rauf is particularly interested in women’s health. If you have a question relating to your own health, write a brief letter (maximum one side A4 paper) to Inside Time (Health) Inside Time, Botley Mills, Botley, Southampton, Hampshire SO30 2GB. Everyone will receive a reply, however only a selection will be published each month and no names will be disclosed.

Q If you went with a woman who had HIV what are the odds that you would contract the virus? I have been feeling ‘funny’ for a while now, but continue my fitness regime as I am a fitness fanatic and have been getter more and more worried. Do the symptoms come in stages? Is there anyway to tell without a test - the stigma of being HIV positive in prison is too awful to contemplate. Have I been worrying over nothing or could there be a problem? A The risk of contracting HIV if an uninfected man has sex with an infected woman without a condom is about 0.04% (1 in 2500) and if an uninfected woman has sex with an infected woman it’s about 0.08% (1 in 1250). So the risk is actually very low. It is higher if you have anal sex, if there is any bleeding during sex or if either of you have any other sexually transmitted infections. If condoms are used properly then the risk is very low, (almost 0%) Treatment these days for most people with HIV is life-long and life expectancy can be expected to be normal for most people infected with HIV. Many people don’t have any symptoms at all and so the only way to know if you are infected is to have a test. For many people the worry that they might have HIV is unbearable, but the relief when they have had the test is enormous.

Q Over the last few weeks I have been getting very bad headaches; I have seen the optician and have new glasses. I’ve seen the doctor and he thinks it could be stress. I don’t feel stressed but wonder if it could be to do with an operation I had for a brain hernia about nine years ago.

A

There are many different types of headaches including muscular headaches, tension headaches, migraines and so on. They can originate from a painful neck due to tight muscles or arthritis in the cervical spine. Many things, including poor sleep, stress, viral infections, sinus infections or very rarely tumours or bleeding in the brain can also result in headaches. They can even be caused by overuse of painkillers; if painkillers are taken 2-3 times a week for headaches they can themselves make the headaches worse. If you have really bad headaches then a doctor can help by working out what kind of headache (or headaches) you’re suffering from. This can take time and sometimes it can help if you keep a headache diary and record: • How often you get headaches; • How long they last; • Whether there are any associated symptoms like visual changes or feeling sick; • Whether anything you were doing or anything you ate may have triggered it off; • What medication you tried and what effect (if any) it had; • Anything else you think might be important. Working together with a doctor should help

you to find out what is causing your headaches and come up with ways to help you. Usually treatment includes ways to prevent headaches as well as ways to treat them when they start. If you think your headaches are due to pain from a previous operation to your neck it may be worth an assessment by a physiotherapist.

Q I have been accused of several offences by two people in the same family who have mental health issues and I would like to know if mental health problems, eg False Memory Syndrome and Schizophrenia, can be hereditary.

A The causes of a many mental illnesses are multi-factorial. This means there may be a number of causes that contribute to an individual suffering from a mental illness such as genetic, family experiences, stressful life events, drugs, head injury and many more. Some people with mental illness may have none of the above. As you can see, there is no clear answer to why someone may develop a mental illness, which is often the case in schizophrenia. You asked about ‘False Memory Syndrome’ and whether this may be hereditary. Unfortunately I am not familiar with this syndrome so am unable to answer.

Q I have a problem that every time I swallow my throat hurts. I have persistent phlegm and a smelly discharge. I tend to get headaches and it hurts to breathe through my nose. Paracetamol doesn’t help with the discomfort.

A

From your description it sounds like you may have a condition known as Sinusitis. Sinusitis is usually caused by an infection which can result in swelling of the air- filled spaces in and around the forehead, cheeks and nose. When this occurs, mucus or phlegm is produced and drains into the nose and throat. This may explain the symptoms you are experiencing such as headaches, not being able to breathe through your nose, throat pain and phlegm. Most cases of sinusitis clear up quickly and need no treatment. In your case it sounds like the symptoms have persisted for some time. If you have had them for more than 3 months then it is called ‘Chronic Sinusitis’. Your doctor should be able to diagnose you with this by listening to your symptoms. They may ask you more questions to make sure there is nothing else that makes you more likely to develop this condition, such as asthma or hay fever. It is not always the easiest condition to treat. Your doctor may try medical treatment in the form of a course of a steroid nose spray and possibly a long course of antibiotics. They may also recommend painkillers to take as

and when you need them. If this fails to help, they may refer you to see an Ear Nose and Throat Specialist. They may consider surgery to drain the sinuses.

Q I am worried about my mother who has a slipped disc and osteoarthritis. I would like to be able to understand what she is going through and the options open to her for managing her condition. A Osteoarthritis is the most common form of arthritis and is increasingly common with age. It is a result of wear and tear and can affect any joint. The most common sites are the hip, lower back, knees, fingers and thumb joints. The main symptoms are pain and stiffness which can result in limited movement of the affected joint. The symptoms tend to be worst in the morning and improve as the day goes on. Sometimes the affected joint may become swollen. Osteoarthritis tends to be diagnosed through history and examination. X-rays are sometimes done but are not always useful, as some people with severe osteoarthritis on the X-ray may have few symptoms and people with very minimal osteoarthritis on the X-ray may have a lot of pain The symptoms of OA may come and go. In some people they may be related to the weather; some find that cold weather may cause their osteoarthritis symptoms to worsen and prefer to keep warm to alleviate symptoms. Sciatica is also a common problem. People with sciatica typically experience an unpleasant shooting pain which travels from the buttocks, down the back of the thigh, into the ankle and/or foot. Sciatica is caused by irritation and/or compression of the nerve by a slipped disc in the lower back. In your mother’s case she may have developed a slipped disc because of weakness of the outer spine’s natural shock absorbers. This may be caused by increasing age. Some people may also develop a slipped disc after heavy lifting or a fall. Obese people are also more likely to suffer a slipped disc. The treatments for both osteoarthritis and a slipped disc are similar. The key is to remain active and go about your usual day to day activities and to take pain relief as needed. Referral to a physiotherapist for exercises to maintain normal movement of the affected joint can be useful. Sometimes surgery is considered but usually as a last resort.

>> Please note our new address for all PRISONER correspondence: Inside Time, Botley Mills, Botley, Southampton, Hampshire SO30 2GB.

People who live in the southern states of America have the lowest stress rate because they don’t take medical terminology seriously. You are going to die anyway, so live life. A Southerner's Medical Dictionary includes: Artery ... The study of paintings Bacteria ... Back door to cafeteria Barium ...What doctors do when patients die Benign ... What you be, after you be eight Cat scan ... Searching for Kitty Cauterize ... Made eye contact with her Colic ... A sheep dog Coma ... A punctuation mark Dilate ... To live long Enema ... Not a friend Fester ... Quicker than someone else Fibula ... A small lie Impotent ... Distinguished, well known Labour Pain ... Getting hurt at work Medical Staff ... A Doctor's cane Morbid ... A higher offer Nitrates ... Cheaper than day rates Node ... I knew it Outpatient ... A person who has fainted Pelvis ... Second cousin to Elvis Post Operative ... A letter carrier Recovery Room ... Place to do upholstery Rectum ... Damn near killed him Secretion ... Hiding something Seizure ... Roman emperor Tablet ... A small table Terminal Illness ... Getting sick at the airport Tumor ... One plus one more Urine ... Opposite of you're out

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

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Health

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What is dementia? ....................................................................... Dementia is a loss of intellectual ability that involves the deterioration of memory and impairment of thought and speech, and interferes with daily activities. It mainly occurs in the elderly, although the disease can arise at any age, even childhood.

Dementia

Personality changes may include a departure from previous behaviour and accentuation of existing traits. Thus, a suspicious person may become virtually paranoid.

The patient may be referred to a mental health professional for psychotherapy, or to a rehabilitation centre for physical and occupational therapy. There is no way of predicting who will develop Alzheimer's disease. It is not hereditary and anyone may develop it.

small strokes. Long-standing high blood pressure or narrowing of the arteries increases this risk.

People with mild dementia are capable of living independently, but work or social activities may be impaired. Those with severe dementia will need constant supervision. Some 20% of people aged over 75 are believed to have mild to moderate dementia. An additional 5% have severe dementia and are unable to care for themselves.

Other causes include neurological conditions such as Parkinson's disease and hydrocephalus; poisoning by metals such as mercury or lead and the side effects of certain drugs.

Symptoms .......................................................................

When should I see my doctor? .......................................................................

Disrupted short and long-term memory Loss of abstract thinking Impaired judgement Disruption of language Impaired motor activity Personality change

What causes dementia? ....................................................................... The most common cause of dementia is Alzheimer's disease, accounting for 65% of cases in patients aged over 65. About 10% of cases are classed as multi-infarct dementia. Here, areas of brain tissue die as a result of a stroke or series of

See your doctor if symptoms worsen or persist for longer than a week or two. Dementia is not a normal part of the ageing process. It may be normal to lose some acuity in short term memory, but this slight deterioration should not interfere with regular life.

How is dementia diagnosed & treated? ....................................................................... The doctor will usually need to evaluate the extent of the symptoms by questioning the patient and relatives or friends. One aim will be to distinguish dementia from conditions such as schizophrenia. Dementia must also be distinguished from depression, which can cause similar memory loss, difficulty concentrating, and a decline in mental function. However, depression often causes

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Advice given on all aspects of Prison Law Contact Michaela Hoggarth or Vanessa Welch at

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Family members may be frustrated or overwhelmed by the demands of tending to the patient's needs. Counsellors can help them adapt to the new situation and face painful choices, such as whether to place the patient in a nursing home.

What can be done to help the situation?

.......................................................................  Put up large calendars and clocks in the home, and keep a diary you can refer to if you cannot recall an event from the recent past.  Set up daily routines, such as taking a walk or reading a newspaper at a particular hour. A fixed schedule increases the comfortable sense of security and predictability in life.  Ask the doctor to keep the medication schedule as simple as possible.  Make checklists of things needing to be done each day.  Unnecessary changes of residence should be avoided. If a move is made, carers should put up family photographs, paintings and other objects from the family home to create a familiar environment.  Frequent visits by members of the family are crucial.  Constant intellectual stimulation is important, including access to newspapers, radio and television.

Further advice information and help .......................................................................  Alzheimer's Society - Provides information on other types of dementia and not just on Alzheimer's disease. Gordon House, 10 Greencoat Place, London SW1P 1PH Tel (Helpline): 0845 300 0336 www.alzheimers.org.uk

Approaching release after serving life?

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including:

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The doctor is likely to ask about past alcohol and drug use, and will conduct a physical examination. The doctor may also arrange tests including X-rays, and blood and urine studies.

Various drugs have been tested for their ability to improve memory and intellectual capacity, but their use is still experimental and their effectivness has not been proven.

Alcoholism and head injury are among the most common causes of dementia in people aged under 65. Brain tumour, severe anaemia, meningitis, vitamin B1 or B12 deficiency, or a hormonal disorder, such as Addison's disease, can also bring on dementia.

     

symptoms that are absent in dementia, such as loss of appetite and sleep disturbances.

The doctor will look for a reversible cause. For example, when dementia develops abruptly in a previously well-adjusted person, an underlying illness is more likely. If the dementia stems from a treatable disorder, the first step is to alleviate this. If the cause is not known or untreatable, the doctor may prescribe drugs to control the symptoms. The agitation, wandering and paranoia associated with dementia often lessen with anti-psychotic medication.

Sufferers have difficulty learning new information and have poor mastery of basic common knowledge, such as the date or the prime minister’s name. Recent memory is affected more severely than remote memory. For example, some patients fail to remember what happened yesterday but are able to recall distant events. Impairment of abstract thinking involves inability to define concepts or find similarities and differences between objects or words. For example, the sufferer may be unable to explain the difference between a car and a train. Some people with dementia demonstrate poor judgement in dealing with personal and job-related issues. They may make strange decisions that contrast with past behaviour. Some people also suffer a disruption of certain brain functions that may be manifested as deterioration of language skills, inability to carry out co-ordinated movements, failure to recognize or identify objects, and difficulty in assembling or arranging objects. For example, having difficulty in drawing a clock.

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

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If so, Popkorn, a leading television company with extensive experience of working in prisons, would like to hear from you. We would like to make a documentary about returning to life on the outside and highlighting the difficulties people experience making this step. If you think you might like to be involved or if you're interested to know more, then please write in total confidence telling us a bit about yourself. Please include your name; your age; how long you have served, where you are currently serving and when you expect to be released and we will make contact with you to discuss how to take the matter further. Please contact Will Rowson at:

Popkorn TV, Courtyard Studio 3, 326 Kensal Road, London W10 5BZ 0208 9646773 We look forward to hearing from you.

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Religion

World Religions Islam

 And if they incline to peace, you should also incline to it and place your trust in God. (Qur'an, Surah 8.61) learnt by heart by the experts. Yet Muslim theologians, too, have discussed the question whether as the word of God the Qur'an is not also a human word, the word of the Prophet Muhammad.

...................................................... The Qur'an  In the Name of God, Most Merciful, Most Compassionate, Praise be to God, Lord of the Worlds, the Allmerciful, the All-compassionate, Master of the Day of Reckoning. Thee alone do we worship; and to Thee alone do we turn for help. Guide us in the straight path, the path of those whom Thou hast blessed, not of those against whom Thou art wrathful, not of those who have incurred Thy wrath. (Qur'an, Surah 1)

...................................................... The Muslim code of duties A Believer recites the Qur'an

T

here is no doubt that through the prophet Muhammad the Arabs were raised to the level of an ethical high religion, grounded in belief in the one God and in a basic ethic of humanity, with clear imperatives for more humanity and more justice. From its origins onwards, Islam was a religion not so much of the law as of an ethic. And there is also something like the Ten Commandments, the basis of a common ethic of humanity.

 In the Name of God, the Merciful, the Compassionate, Set not up with God another god, or you will sit condemned and forsaken. Thy Lord has decreed you shall not serve any but Him, and be good to parents. And give the kinsman his right, and the needy, and the traveller. And slay not your children for fear of poverty. Nor take life, which God has made sacred.

For Muslims, the Word of God did not become a man but a book. And it is the Qur'an, the original version of which lies with God himself, that forms the centre of Islam. So Islam is a religion of the book par excellence. The Qur'an completes the Torah of the Jews and the Gospel of the Christians. For Muslims it is unsurpassable, perfect, absolutely reliable. So it is also solemnly recited and above all

CRIMINAL DEFENCE

jbw

 And avoid the abomination of idols, and avoid the speaking of falsehood. (Qur'an, Surah 22.30)  Do you see him who calls the Reckoning a lie? He is the one who casts the orphan away, who fails to urge the feeding of one in need. So woe to those that pray and are heedless of their prayers, to those who make display and refuse charity. (Qur'an, Suroh 1071-7)  Let there be no compulsion in religion. (Qur'an, Suroh 2,256)  Let there be one community (of believers), calling to good, and bidding to honour, and forbidding dishonour; those are the prosperers. (Qur'an, Suroh 3.104)  O believers, be you securers of justice, witnesses for God. Let not detestation for a people move you to deviate from justice. (Qur'an, Sum/i 5.8)

...................................................... Islam means submission to the will of God. It is the message of the Prophet Muhammad, which was gradually revealed to him in the seventh century by an angel and was later written down in the Qur'an by Muhammad's companions and followers.

Thought for the day Perspective...

Muslims see Muhammad as the seal of the prophets, the messenger of God who brought God's final revelation to humankind. However, Muslims attach the greatest importance to the fact that the Prophet Muhammad does not stand at the centre of Islam, as Jesus Christ stands at the centre of Christianity.

JB WHEATLEY

And approach not fornication. And do not touch the property of the orphan. And be true to every promise. And give full measure when you measure, and weigh with the straight balance. And do not pursue that of which you have no knowledge. And walk not the earth with insolence. (Qur'an, Surah 1722-38)

Interestingly, for the millions of people enrolled in yoga classes, the Islamic form of prayer has provided Muslims for fourteen centuries with some of yoga’s same (and even superior) benefits. This simple form of “yoga” offers physical, mental, and spiritual benefits five times a day as Muslims assume certain positions while reciting Qur’an and athkar (remembrances).

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All areas of criminal defence work Appeals against sentences and conviction Adjudications ALP/DLP Categorisation and Transfers Recall to Custody Licence Conditions ROTL And other areas of Prison Law Video Link facilities available Contact Richard Scotter or Richard Grace 190 - 196 Deptford High Street London SE8 3PR

One day, the father of a very wealthy family took his son on a trip to the country with the express purpose of showing him how poor people live. They spent a couple of days and nights on the farm of what would be considered a very poor family. On their return from their trip, the father asked his son, 'How was the trip?' 'It was great, Dad..' 'Did you see how poor people live?' the father asked. 'Oh yeah,' said the son. 'So, tell me, what did you learn from the trip?' asked the father. 'I saw that we have one dog and they had four.

simon bethel solicitors Criminal Defence & Prison Law Specialists

Licence & Parole Hearings HDC & Recalls Adjudications Re-categorisation & Transfers Appeals & CCRC Referrals plus all Family Law and Immigration Matters Please contact Maryam Sufi

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The Badshahi Mosque, was built in 1673 by the Mughal Emperor Aurangzeb in Lahore, Pakistan. It is one of the city's best known landmarks. Capable of accommodating over 55,000 worshipers, it is the second largest mosque in Pakistan, after the Faisal Mosque in Islamabad.

The five pillars of Islam are: • belief in God & Muhammad as his messenger, • daily ritual prayer, • obligatory contribution for the poor, • Ramadan, the annual month of fasting, • to go on pilgrimage to Mecca if possible once in a lifetime. There are around 1.2 billion Muslims; the most important movements are the Sunni and the Shi'ites. Most Muslims today live in South-East Asia and India, Central Asia, Africa, the Middle East and Turkey. Copyright Global Ethic Foundation

www.global-ethic.org

Next month ‘Christianity’ We have a pool that reaches to the middle of our garden and they have a creek that has no end. We have imported lanterns in our garden and they have the stars at night. Our patio reaches to the front Garden and they have the whole horizon. We have a small piece of land to live on and they have fields that go beyond our sight. We have servants who serve us, but they serve others. We buy our food, but they grow theirs. We have walls around our property to protect us, they have friends to protect them.' The boy's father was speechless. Then his son added, 'Thanks Dad for showing me how poor we are..' Sent to Inside Time by Reg Burgess, Deltona USA

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Comment

Insidetime November 2009 www.insidetime.org

Jonathan King writes ... admire Ben’s writing style and ability, and can’t quite understand why he’s still locked up, way beyond tariff.

Sorry I’ve been rather quiet on these pages of late but I’ve been busily writing my autobiography - now completed. It’s called ‘65’, which is both the age I shall be in December and the year I had my first hit record ‘Everyone’s Gone to the Moon’. In a chart from Radio London, the pirate ship, in August that year, my record jumped from 4 to 1, leapfrogging another hit which went from 3 to 2 ‘Help’ by The Beatles. It was quite a week for music with other hits by Sonny and Cher, Kinks and The Animals. The book had to be ready for publication by Christmas and it was fascinating looking back at my life, which has been packed with interesting experiences - none more rewarding than my prison and justice system adventures this decade. It is well worth considering putting down on paper your life story and there’s no better time to do it than when banged up. I was fortunate enough to meet John Hirst, a fellow regular Inside Time contributor, quite recently. He came up to London and I bought him a plate of egg and chips and ham (“reconstituted?” he sneered) as well as a pint of beer. We chatted at length about topics such as Ben Gunn’s blogs online. I

PPG c r i m i n a l

law

I do, however, challenge his claim to be the first prisoner who blogs. Throughout my incarceration, from 2001 in Belmarsh, I posted daily bulletins on my website from inside and have often strongly advised other inmates to do the same. It is perfectly legal and legitimate - as has now been admitted to Ben - to get a friend outside to post your thoughts on the Internet, whether you do it via phone calls, letters or on personal visits. Ben has had the most vitriolic and negative response from Guardian readers – far nastier than the Mail or Sun would have provoked. This surprised many but not me. I found the ‘serious’ broadsheets like the Guardian, Times and Telegraph got more facts wrong and used more emotive and insulting language when my convictions were reported than the worst tabloid. One of the huge advantages of the Internet is that everybody can put their thoughts and opinions across. More power to Ben’s elbow. May he and other intelligent writers like Razor Smith continue to be heard and to express themselves. Razor’s excellent autobiography was very well received; so take inspiration from our example, gentle reader, and write yours too!

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Wheel of the Year A monthly column devised by astrologer Polly Wallace exclusively for readers of Inside Time drawing on themes from both astrology and astronomy. The intention is to provide a range of information and ideas to coincide with the International Year of Astronomy and the 400th anniversary of the birth of Astronomy (1609) celebrating Galileo’s first observation of the sky using a telescope. t this time of year days are shorter, nights are longer, the darkness is deeper - but the stars shine brighter than ever! And on cold clear nights the sky can seem like a treasure trove of twinkling, glittering, glimmering gems.

A

Hidden within this apparent muddle of stars there are many intricate patterns, each one unique and each one meaningful in some way. These are the constellations – all 88 of them. Nowadays we’re most familiar with the 12 constellations, or groups of stars, that form the signs of the zodiac. In addition there are over 70 more named constellations – many of which relate to legends. The constellations are a good example of the human instinct to make sense of our surroundings. For every ancient civilization, from China to Mexico, had the same idea – to join up the dots in the sky into patterns, then weave into these star clusters the stories and legends of its culture. In this way human imagination, with the sky for its drawing board, has created a web of significance that transcends time and space.

Irene Hogarth Criminal Defence

SHERIDAN BOWLES Solicitors and Notary Public

We are a specialist Criminal Defence solicitors providing realistic and honest advice on all aspects of prison law including:DRUG TESTING ADJUDICATIONS ADJUDICATIONS TRANSFERS - PAROLE PAROLE RECALLS - HDC IPP/LIFE SENTENCES CATEGORISA TION CATEGORISATION If you need any advice or help with your rights in custody then please call: Anne-Marie Sheridan Claire A Collins or Christopher Bowles Te l : 0 1 4 9 3 8 5 9 8 4 8 Fax: 01493 31017

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However, it takes considerable imagination to see a line of stars as a young princess chained to a rock, about to be gobbled up by a vast sea monster – but that’s ancient legends for you! The trick is to find a good starting point and then, like a jigsaw, gradually add more pieces. The constellation Cassiopeia is visible all night long in the northern sky. Its stars form the unmistakable shape of a huge capital W. To ancient people this constellation represented Queen Cassiopeia of Ethiopia, who ruled with her husband, King Cepheus. Cassiopeia boasted that her daughter Andromeda was more beautiful than the sea nymphs. Poseidon, god of the sea, was so enraged by this slur on his harem that he sent out a hit-man in the form of a ravaging monster called Cetus. The only way to appease Cetus was by sacrificing Andromeda - and tragedy seemed inevitable until, just in the nick of time, who should arrive to save the princess but Perseus, a real hero! Cepheus, Perseus and Andromeda are each immortalised by their own constellation in the same region of the sky as the Cassiopeia W. This set of constellations is a good example of how star patterns, like pages of illustration in a story book, are often linked together by the thread of an ancient legend. There were also practical reasons for using the stars to divide the sky into sections that were easily recognisable. Navigation was one – and early sailors were so familiar with the constellations that the sky was as useful to them as any other map. Stars also provided a way for people to begin making sense of time. Long before the invention of clocks and calendars, they realised that star patterns became visible in a regular cycle. This meant that farmers could rely on the re-appearance of certain constellations to guide them through their annual cycle. A good example is the Pleiades or Seven Sisters. Just in the last few weeks this beautiful star cluster has become visible from our part of the world– a sure sign that winter is on its way! For most of November, the Sun is symbolically connected with the stars of the constellation Scorpius until in the early hours of Sunday 22nd November it moves on to those of Sagittarius – a constellation that depicts a centaur, a legendary creature that is half-man and half-horse. This hunter is aiming his arrow towards Scorpio. Sagittarius is ruled by the planet Jupiter – who continues to be a splendid sight in the evening sky. According to ancient legend, Jupiter is king of the gods. In astrology his reputation includes a range of charismatic qualities, including good fortune and lucky breaks. At times reckless and domineering, amorous Jupiter can also be the soul of generosity – just so long as he’s getting his own way! Ruled by this vibrant god, Sagittarians tend to have an easy-going manner that makes them great to have around. Optimistic and enthusiastic, their spirit of adventure motivates them to aim for distant horizons, both physically and intellectually. Inspired by the gypsy in their soul, Sagittarians are ambitious – not so much for material gain but simply to explore as fully as possible any situation in which they find themselves.

M

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Comment

‘You will die in prison’… T

It’s not the judge but increasingly the prisoner who decides whether he wants to die in prison says Lifer John O’Connor hese chilling words, formerly the prerogative of a trial judge, now take on an entirely new meaning when they reflect the choice of a terminally ill prisoner. For now the Prison Service is responding to the needs of prisoners preferring to die within the familiar surroundings of a cell rather that the alien environment of a hospice or hospital. As the recent release of convicted Lockerbie bomber Ali Megrahi on compassionate grounds confirms, terminally ill prisoners are usually released within just weeks of impending death. Of course there are those who will die in prison and have no say in the matter; their notoriety precludes compassionate gestures. Myra Hindley's heartless cruelty towards her child victims denied her any consideration of a compassionate departure from life.

ers generally. Not solely because they meet a real need but also because they face a key fact of life; and that is the inevitability of death. Death itself cannot be avoided however it is how we depart from this world which can be managed, thus ensuring the most humane circumstances possible. The creation of prison-based specialist palliative care facilities is bound to produce mixed reactions from prisoners generally. For what is planned at Whatton could be extended to more of the 140 prisons located throughout England and Wales. Prisoner responses range from the morbid to the frightened. It certainly attracts the usual graveyard humour which seems to be a peculiarity of prison life generally, for no matter how grim the situation or appalling the living conditions, prisoners always seem able to make jokes about them.

But that's not to say that she wasn't cared for compassionately by prison-based medical staff. Their professionalism is not questioned. In fact it is this which makes them better able to respond to the growing desire by some terminally ill prisoners to spend their dying days in prison. It is for this reason that another of a growing number of prison-based specialist palliative end-of-life care teams has been created, with the most recent at HMP Whatton, located near Nottingham. It is the outcome of an initiative by Whatton's Healthcare Department operated by the Nottingham Community Health NHS Primary Care Trust. Part-financing of the building/fitting out of a specially designed palliative care suite is from the King's Fund, a major medical charity. The creation of this palliative care team marks a significant change in the way the Prison Service deals with terminally ill prisoners. Presently, whenever possible, dying inmates are usually first transferred to a hospital or hospice. Whatton's Healthcare team emphasise that its aim is to provide a range of choices to terminally ill prisoners matching those available to the general public. For just as patients have a choice of spending their final days at home, hospital or a hospice, prisoners facing a similar end-of-life situation now have an added choice of remaining within a prison environment. But for most there is no question of them being forced to die in prison: the hospice or hospital option will always remain open.

So it's no surprise that news of the proposed palliative care facilities has produced an abundance of alternative descriptions. Mentioning them here and now gets the ‘snigger factor’ out of the way and so leaves the route clear when highlighting the positive aspects of endof-life care. At the risk of causing offence (and apologies for such) alternative names for Whatton's end-of-life suite include: God's waiting room; departure lounge; final destination suite; end of sentence suite; final release suite; cough and croak suite; and dying rooms. While I'm sure that more imaginative names can be added to this list, this is by no means an invitation to do so. Now to the serious business of caring for the dying in prisons: firstly, this article makes no attempt to join the current debate about assisted suicide; highlighted recently following the death of Sir Edward (a renowned conducter) and Lady Downs (a former prima ballerina) at the Dignitas Clinic in Switzerland.

other people, including staff, and instead moving to unfamiliar surroundings and equally unfamiliar faces encountered in a hospice or hospital, some prisoners have already chosen to remain at Whatton.

For a prisoner to choose spending their final days 'inside' is not as strange as it may sound, especially those who have lost contact with family and friends. When given the option of severing contact with fellow prisoners and

The sad fact is that, for them, prison has become their home and they want to remain in it for as long as possible. Although entirely speculative, other factors influencing their choice could include a variation of the Stockholm Syndrome (where captives identify too closely with their captors), or institutionalisation (no longer capable of independent decision-making).

DALTON HOLMES GRAY

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Undoubtedly, end of life healthcare is something close to the heart of an increasing number of prisoners, particularly the growing number of older inmates presently 'inside’. According to the Prison Reform Trust there are now over 400 prisoners aged 70-plus currently in jail, with the oldest over 92. It is also the fastest growing segment of the prison population. With their increasing years comes greater concern when maintaining good health. But life-threatening conditions can affect all age groups, not just the elderly. This makes news of the creation of special palliative care endof-life facilities all the more relevant to prison-

Secondly, the very notion of making assisted suicide available to prisoners doesn't even stand a chance of getting off the ground for one simple reason: the legally-enshrined ‘duty of care’ the Prison Service owes to prisoners. No one is suggesting that palliative care is a panacea to relieve the suffering of some types of terminal illness. While pain can to a great extent be controlled, the suffering that people experience can be far broader than pain. The physiological process of dying caused by illness can trigger vomiting, depression, agitation, constipation and loss of autonomy. This is why there must be honesty about the dying process. The notion of a 'good death' is one

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Insidetime November 2009 www.insidetime.org more often based on wishful thinking than a realistic awareness of the dying process. Yet there is no such thing as a ‘one size fits all’ approach to palliative care. Responding to the needs of terminally ill patients requires treating each as individuals. Some seek, above all, relief from the more distressing physical symptoms such as those mentioned here. So the attention to detail that the science of palliative medicine has brought to the practice of palliative care enables doctors and nurses to improve the management of breathlessness, nausea, diarrhoea and many other symptoms. Physical symptoms, however, are just one aspect of palliation. Their visible manifestation risks overshadowing what could be an even greater cause of pain and anguish: this is the emotional journey which terminally ill patients have to travel. It's a journey with death as its ultimate destination. For some there is the initial horror and dread; for others there is sadness and regret. There is also deep anxiety and fear as much for the people they will leave behind as there is for themselves. But whichever thought process is dominant, in the end there is a sense of utter isolation, for it is a journey to be travelled alone. The psychological anguish is perhaps the more painful because of an inability to apply the same palliation techniques to the mind as accurately as those presently available to the body. There are a number of reasons for this, with perhaps a lack of knowledge of the way an entity as complex as the human mind works being the greatest obstacle. Whereas medication for physical conditions is more fully understood, that for mental anguish is still in its infancy. Of course total mental oblivion is available but this is a palliative route of last resort. Even the use of morphine to relieve pain has to be carefully calibrated to ensure that overuse does not result in loss of a sense of self. Maintaining psychological coherence and an awareness of friends and family is a prime objective of palliative care practitioners. In fact, it's all about maintaining a patient's quality of life. This is where the role of spiritual care comes in. It's said that the older a person becomes the nearer they get to God. But at the point of dying, age doesn't come into it. Whether you are Christian, Muslim, Buddhist, Pagan, Sikh or Hindu, spirituality is very likely to be a dominant thought. Even non-believers have been known to cover their backs. The poet Yeats wrote: Nor dread nor hope attend A dying animal; A man awaits his end Dreading and hoping all. Dr Kathryn Mannix, a consultant in palliative medicine, has written extensively about palliative care. She describes anxiety and fear as

normal and natural reactions to bad news: ‘Most people move through a period of profound emotional disturbance to a calmer frame of mind where pleasure and joy are still part of their daily experience, even if punctuated by some sadness at the transience of life or anxiety about the uncertain future. A few get stuck in their emotional distress, and palliative care practitioners would see this as an emotional symptom just as important to address as any physical symptom.' She writes eloquently and compassionately about caring for the dying. But can the same compassionate attitude be expected from prison officers? Their staff canteen culture tells them that there isn't room for the ‘bleedin' heart' school of assertiveness. To most of them prisoners are here for punishment; overlooking of course that imprisonment is the punishment. The hope must be that if palliative care facilities are to be successful, more officers will become less judgemental (for that's the role of the Courts), and instead maximise their existing interpersonal skills, especially towards the disabled and handicapped prisoners - for it is these skills which more often than not determine effective staff/ prisoner relationships. As with all innovations there are losers as well as winners. In this instance the losers are prison officers who greatly rely on the extra payments which hospital bed watches on dying prisoners generate. These payments are one of the very few opportunities remaining for officers to supplement their income. What with a minimal pay rise of 1.9% and an everincreasing cost of living, it's understandable that bed watches are deemed as being 'nice little earners.' Not that they will cease entirely with the introduction of prison-based palliative care facilities, for prisoners will always need hospitalisation for non-terminal medical conditions. However, no matter how distressing the prospect of dying whilst still a prisoner, at least prison-based facilities will do away with the need to be handcuffed to a prison officer when in a hospital, possibly in full view of other patients, staff and visitors. For this is what dying prisoners are subjected to presently, all on the fatuous grounds of ‘security’. The same level of security was applied to Ronnie Biggs whilst in hospital recently. Moreover, to require the reported presence of three prison officers to guard this feeble, barely conscious old man, seemed more like a money-making enterprise than anything based on a real need to prevent escape. Yet in the end there is one form of escape which prison officers can never prevent, no matter how assiduous their vigilance, and that's the inevitability of death. John O’Connor is currently resident at HMP Whatton

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When is an ‘offender’ not an offender? Paul Sullivan is concerned at the vast number of people in prison who clearly should not be described as offenders he Home Office has responded to the European Court judgment on the retention of DNA from innocent people by proposing a controversial package to keep DNA profiles of the innocent for six to 12 years, ‘depending on the seriousness of the offence’. What offence? If the person is innocent, either they did not commit an offence or the ‘offence’ never happened.

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On the front of the 2009 National Offender Management Service (NOMS) Annual Report, they boast: ‘We manage offenders throughout their custodial and community sentences, dealing with around 260,000 offenders a year’. However, at any one time up to 12,500 of people in prison are on remand and therefore have not been convicted of any offence, so cannot be called ‘offenders’. This year Sean Hodgson was one of many innocent men to finally escape the nightmare of a wrongful conviction. He, therefore, is not an ‘offender’ and never has been, so that’s 259,999 Mr. Wheatley. In their report into the Education Department at HMP Brixton, OFSTED, on page 4 of the report, indicate: ‘The operational capacity is 798. At the time of inspection there were some 792 offenders - of which approximately 60% were on remand’. But the 60% on remand are not ‘offenders’, they have never been tried; so actually there are only 319.2 prisoners in Brixton who could be described as ‘offenders’. When I queried the use of the term ‘offender’ with Jen Waters, the Assistant Divisional Manager she replied; “The use of the word 'offender' is generally used where strategies for the 'offender learning' population are put in place to monitor progress of learning and development through the 'learner journey'”. No, I didn’t understand it either! Home Office circular 25/2006 covers the tagging of people released on bail. The Home Office states that one reason for tagging is …’to prevent absconding or re-offending’. If they are on bail, surely they have not been convicted of any offence so cannot be assumed to have ‘re-offended’? The Offender Learning and Skills Service (OLASS), in stating that they should get in early with education, state; “This early, intense focus on assessing and recording an

offender’s learning needs should happen as soon as possible following contact with the criminal justice system.” So anyone who has contact with the CJS is now an ‘offender’. There is light at the end of the tunnel. OLASS do actually admit that they use the term ‘offender’ as a blanket term. In their ‘Offender Learning Policy’ they state; “Similarly, the term ’offenders’ is used throughout the document to refer to those held in custody, serving part of their sentence in the community or whilst under supervision in the community. Remand prisoners are not, of course, offenders.” Thank you, so now we know!

“The use of the word 'offender' is generally used where strategies for the 'offender learning' population are put in place to monitor progress of learning and development through the 'learner journey'”. No, I didn’t understand it either! Is all this important? Does it really matter? The problem is that by referring to all untried people as ‘offenders’ it demonstrates that the system of ‘Innocent until proved guilty beyond reasonable doubt’ is long gone. Everyone is assumed to be guilty, and therefore an ‘offender’, and if they are acquitted at trial the state believes they ‘got off’ or ‘escaped justice’; which is why Jack Straw can trump on about not enough defendants being convicted at rape trials (even though these, in reality, have the highest conviction rate because no actual ‘evidence’ is needed). His message is that all these people are really guilty and therefore ‘offenders’. Many prisoners who have committed an offence in the past would argue that they might have been offenders at that moment but now, today, they are not; and pigeon-holing all prisoners and using the blanket term is not only inaccurate, it also serves no useful purpose and in no way aids rehabilitation or resettlement. Paul Sullivan - formerly HMP Wakefield

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Threat of call-centre ‘junk justice’ Government proposals could well find a person go ‘from walking down the street to being a convicted criminal without seeing a legal professional’ fears journalist and former prisoner Michael Mann charges, not just the so-called minor charges, are dealt with by call-centres.” The right to see a lawyer was guaranteed under the 1984 Police and Criminal Evidence Act in the wake of a series of high-profile miscarriages – a precaution that is now part of European Human Rights law. But after a report by businessman Lord Patrick Carter, a close friend of Justice Secretary Jack Straw, Government last year introduced the Defence Solicitor Call Centre (DSCC) and the Criminal Defence Service (CDS). Now, when a prisoner asks to speak to a lawyer, whether Legal Aid or privately, the police contact the DSCC and an operator uses police notes about the arrest to decide whether the charges are low-level, in which case a paralegal from the CDS callcentre gives advice by telephone. If the charges are serious a solicitor is contacted to attend. risoners in police cells might soon be in for a very nasty surprise: Government proposals could see those facing imprisonable offences stripped of their right to see a lawyer.

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For 25 years, prisoners have been guaranteed the right to sit down with a lawyer before making a statement to the police. That right has already been removed for low-level, generally non-imprisonable offences such as drink-driving where people now get legal advice by telephone from a paralegal in a call-centre. However the government is threatening to extend the range of offences covered by the call-centres so those facing imprisonable charges also get their legal advice at the end

of a phone line. Opponents warn the proposals would turn back the clock on legal rights and risk miscarriages, dubbing them ‘Life on Mars plans’ after the hit TV series in which a modern cop time-travels to the 1970s before prisoners were as well protected. Raymond Shaw, president of the London Criminal Courts Solicitors’ Association (LCCSA), predicted they would spell the end of quality Legal Aid and a ‘McDonald’s-style junk justice’ instead. “We fear the introduction of call-centre legal advice has opened the floodgates,” he said. “It doesn’t take a leap of imagination to see a future where a whole range of

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We risk slipping into a mechanical legal system that rolls over the safeguards we’re used to. There’s no doubt removing access to lawyers in police stations is perilous. A client gains something from having face-to-face contact, the kind of communication that you can’t get over the phone or by video-link. The government wants deep cuts to the £2billion a year Legal Aid budget – of which £180m a year goes on solicitors attending police stations – and warns that if it cannot make the savings it will save cash by extending CDS, possibly to cover all Duty Solicitor calls. It reckons the new system can save up to £10m a year and is said to be considering opting out of European Human Rights commitments so most consultations could eventually be over the phone. Charges that could be covered by CDS if the proposals go ahead include lesser assaults, theft, criminal damage and public order offences, said Professor Ed Cape of the University of West of England. Cape, who co-authored a report highlighting the risks, warned the changes could come in the next two years. The old system, under which a desk sergeant

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phoned for a solicitor, ensured police were accountable for prisoners getting their rights, he said. The new system slows the process because up to six calls have to be made before a solicitor is contacted and opens the door to miscarriages because the telephone operators are inadequately trained to pick up mental health, drug and social care issues affecting a case and are much less likely to challenge police conduct, he said. Also, many police stations lack private telephone facilities and prisoners have to take legal advice in earshot of police. “The government sees legal advice as interfering with police work and could use the call-centres to raise conviction rates” warned Professor Cape. Solicitors fear the real reason for the proposals is not to save money but to open Legal Aid to giant companies that will squeeze out the traditional high street firms – an idea the LCCSA dubs ‘Tesco Law’. “There is no question the direction of travel is toward having far fewer, much larger firms,” said Raymond Shaw. “Government wants to encourage big corporations to diversify into Legal Aid. Corporations like Group 4 Security, for instance, could expand into legal advice as a natural extension of its current involvement, providing prisoner transport and security.” He added: “We risk slipping into a mechanical legal system that rolls over the safeguards we’re used to. There’s no doubt removing access to lawyers in police stations is perilous. A client gains something from having face-to-face contact, the kind of communication that you can’t get over the phone or by video-link.” He feared a “McDonald’s-style junk justice” under which “banks of paralegal telephone operators in giant call-centres give legal advice under the supervision of a solicitor with a stopwatch and clipboard”. Vice-president of the LCCSA Paul Harris warned of a “summary justice” where people are “arrested, take legal advice from a call-centre and are sentenced by a lay magistrate – all within a few hours and never having sat down with a lawyer. A person could go from walking down the street to being a convicted criminal without seeing a legal professional.” The government insists the CDS gives high quality advice. A review of cases by lawyers’ organisation the Legal Action Group said the advice was “truly impressive” and “far above” what a high street firm could do for the same price.

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Insidetime November 2009 www.insidetime.org hink the Angry Brigade, the Birmingham Six, the Marchioness Disaster, Jill Dando, the Price Sisters, Stephen Lawrence, Jean Charles de Menzies. Then picture a big man with piercing blue eyes and a shock of grey hair. This is Michael Mansfield QC who, for forty years, has been defence council in some of the most high profile cases, appeals and inquiries.

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Inside Time’s legal expert, Robert Banks, and I went to meet this hero of the underdog at Took Chambers. It was founded by Mansfield himself in Clerkenwell, ‘a little to the left of the Guardian’, as Mansfield likes to describe it; although only a few streets away from the establishment elegance of the Inns of Court.

Hero of the underdog

Robert Banks, himself a criminal barrister, has come along with some serious questions about the present crisis in funding for criminal cases. Does Michael Mansfield feel the financial cuts are impacting on the ability to find justice? Mansfield is forthright in blaming the government’s lack of will to find the money rather than any economic problem. He says the government are ‘not really interested’ and that the money needed is ‘peanuts compared to what is spent in other fields.’ He agrees with Banks that lawyers feel there is no future in the criminal bar and suggests that the most effective work is done at appeal. Even resources for the CCRC have been severely cut back. The problem, the two barristers agree, is that most criminal cases are on legal aid and there is not enough money for the solicitors to do proper preparation, which is the key to a justly

MILLERCHIP MURRAY

Rachel Billington and Barrister Robert Banks meet Michael Mansfield QC (centre), who will shortly be helping launch Inside Time’s Insideinformation, the comprehensive guidebook for prisons and prison related services conducted case. Solicitors may have to delegate to juniors or even leave the barristers to do what should be their work. The danger is that a cheap ‘conveyor belt of justice’ is set up, experimenting, for example, with the defendant making a video appearances in magistrates courts at the early stages of a case. Banks moves on to ask Mansfield what factors should prisoners take into account when choosing a solicitor? Mansfield advises asking the right questions in order to feel trust in your representative and listening to the prison grapevine. Ideally, a prisoner should see his lawyer before making the choice but, again with money so thin, this is unlikely to happen. He reiterates, ‘The quality of justice has been seriously diminished because results depend on preparation.’ Finally, Mansfield suggests getting hold of his own book to help make an informed choice: The Home Lawyer: A Family Guide to Lawyers & the Law (Atlantic Books). As a coda to this depressing picture, Robert

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On which unhappy note we return to Mansfield’s own experiences. He has always been the champion of difficult cases, winning more than he has lost and using his extraordinary energy, memory and charisma to push a case through. He says that a case ‘often highlights the issues of the day’ and that he was drawn to the law because he felt that ‘Here was somewhere you can make a difference to society. ’The Defenders’, which he first watched aged eleven, comes up more than once. It excited him to ‘watch a legal team engage with social issues, research, investigate, prepare (that word again) and present the case.’

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Banks adds dourly that ‘Everybody’s being told to plead guilty because of the lack of money for preparation.’ To which Mansfield responds ‘It puts the clock back to when I started forty-two years ago’.

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weren’t followed: that is when the police don’t hand over information to the defence which has been given to the prosecution. This was important in the cases of Sean Hodgson and Judith Ward. In France, he points out, disclosures are overseen by a judge not by the police, which he believes is a better system. His own working practise has always been to create a relationship with the individual so that he can know their weaknesses and strengths. Mansfield’s emphasis on closeness to his clients encourages me to ask him whether he always believes in their innocence. His answer is the answer of a clever lawyer and an honest man. ‘No’ … (pause) … ‘I have to believe in them as people.’ About the Lawrence Inquiry, he comments that it was or rather is ‘a learning process for us all.’ Doreen Lawrence has a rolling review every year to find out how the police are getting on with ‘institutional racism’. As Mansfield said earlier, he believes the process of justice is not isolated from our society but an important part of it.

The great man arrives in a mini - which seems rather too small for him - and is immediately warmly welcoming. However before we can start the interview he receives an urgent call from his nineteen year-old son. It turns out he is in Kosovo staying with an ex-client of Mansfield’s who’d like a quick word with his hero. As they talk, I wonder how many other hugely successful lawyers keep in touch with subjects of past cases. Virtually none, I’d guess. It reminds me of a passage in Mansfield’s recent memoirs when he says that, unlike other defence barristers, he likes to get to know and understand his clients. Often, they become friends. My first request is for a signature in my copy of his book. Instead of the usual ‘Best wishes’… he writes SOLIDARITY. This is another clue to Mansfield’s approach to life. Later in the interview, when I ask him why he became a barrister, he talks about his childhood shock when his mother was set up by the police in a traffic offence and his obsession with the US TV series The Defenders. He was never going to be anything but a defence barrister – even though he began in chambers known for its sharp prosecution barristers. His ‘solidarity’ is with those who have suffered at the hands of the system.

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Mansfield is convinced that government still believes Michael Howard’s slogan Prison Works and that the ‘Public expects people to be locked up’ which affects sentencing so that the sentencing guidelines for many crimes have gone up which in turn affects prison numbers and overcrowding. When I ask him about his advice for prisoners leaving prison he regrets how little support is given and feels more money should be spent on resettlement. He sympathetically rehearses the practicalities of running your own life after a long time behind bars which recalls the many appeal cases he has won, sometimes after a false conviction has kept its victim behind bars for nearly nineteen years as in the case of Judith Ward. Mansfield has represented a wide spectrum of the human race from the striking miners under the leadership of Arthur Scargill to Mohamed al Fayed during the inquiry into Princess Diana’s death. When I ask him whether he believe she was murdered, he answers carefully ‘Our case was that it wasn’t a simple accident’. He elaborates to say that ‘there were forces at work in the state that obviously found Diana a threat and wanted to give her the fright of her life. She was an inconvenience.’ In his opinion it all needs looking at again because ‘We don’t know the half of it.’ Neither the establishment nor the politicians get a positive word from Mansfield. In fact when I bring up next years’ election, he suggests cheerfully, ‘Let’s boot the lot of them out! I want the public to turn up to the polling booth and write …’None of the above’. The two major parties should be made to sweat. Neither deserves a win … Shake them to their roots … Let’s have a hung parliament and an interregnum so that the people can begin to take an interest … It’s the people who can make a difference …’ Conspiracy theorist or defender of the common man, Michael Mansfield will be much missed as he hangs up his barrister’s wig. Unsurprisingly, he is not moving into the House of Lords or even the Supreme Court but has found a place for himself at the International Criminal Court at The Hague where there is a new Victims Court. There he hopes to continue his role as defender of those victims or families or communities who have not been able to find justice elsewhere: Vivat the Radical Lawyer. Michael Mansfield’s book ‘Memoirs of a Radical Lawyer’ was reviewed by Bob Woffinden in the October issue of Inside Time. It is available in all good bookshops price £12

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Insidetime November 2009 www.insidetime.org

Comment

Shamed by statistics Both the Army and Government have an appalling record of letting down the vulnerable in society writes Joseph Kotrie-Monson ast month, figures were released by the National Association of Probation Officers (NAPO) for the total number of former armed forces personnel in the UK prison and probation system. In fact NAPO believes there are now more former servicemen in the UK justice system - either on remand, serving sentences or being supervised by the Probation Service - than serving in the whole of Afghanistan.

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This story was highlighted in a Guardian article on September 24th, which has itself been covered on television and radio news. It is of course shocking that if NAPO are right, nearly one in ten people in UK jails have served in Her Majesty’s Armed Forces before serving in Her Majesty's establishments as prison inmates. NAPO says that most armed forces personnel in prison suffer from Post Traumatic Stress, have usually been provided no counselling or treatment for this, and that this is not being identified by the justice system when they are arrested. This is clearly a travesty, as endless TV advertising entices young men to sign up to serve in Iraq and Afghanistan with promises of a future and an education with the Army or the other Forces, while the Army discards former servicemen who have fought an unpopular war in the Middle East. These young men are at high risk of alcohol or drug addiction, and are very often convicted of offences of violence leading to notorious IPP sentences, and the Government's Ministry Of Defence appears to have paid no attention to throwing them back into society with no chance to adjust or be rehabilitated. But is it just the Armed Forces who have let down people who are their responsibility? Of course it isn't. There are many

other areas where the Government has a duty to look after its citizens, and because the Government isn't interested, those people often end up in prison. In June 2009, The Prison Reform Trust published the Bromley Briefings, a survey of information about prisoners in the UK. It reads like a hall of shame for our Government's efforts at looking after children in the care system, providing effective mental health services, dealing with drug and alcohol addiction, and giving ethnic minorities a chance in society.

These statistics raise damning questions about the way that our country looks after its most vulnerable people. Former soldiers, children and people from ethnic minorities seem to make up huge proportions of the prison population

How many people on the outside know, for example, that while only 9% of the UK population is from an ethnic minority, ethnic minorities make up more than a quarter of the prison population?

goes up to 27%. To repeat, people who have been 'looked after' by the state as children make up 27% of the prison population. The problems social services have with funding, along with government 'buck passing', has been commented on more and more. In October it was made public that in Birmingham alone, 8 children whose cases were being supervised by Social Services died of abuse or neglect in a period of four years. It seems that Social Services across the country don't have a much better record of looking after children who are in care before they end up in prison. These statistics raise damning questions about the way that our country looks after its most vulnerable people. Former soldiers, children and people from ethnic minorities seem to make up huge proportions of the prison population, but are there other areas that the government has let us down on? 10% of men in prison and 30% of women have been admitted as psychiatric patients. The question must be asked: ‘why on earth are they in prison, where they often receive no appropriate medical care?’ The fact that they have been processed through the under-funded mental health services and gone on to prison is something that should make the government hang its head in shame. And rehabilitation for prisoners who suffer from mental disorders is completely inadequate. Over 70% of all prisoners suffer

from at least two mental disorders. These figures would be shocking on the outside, but in prison it seems that it’s acceptable to have people who might suffer from anxiety, depression or, worse, mental illnesses, making up the majority of the population. In short, they are not caught early by the health services, and when they reach prison little is done to help them. Of course, drugs figures are similar. At least 55% of new entries to prison have drug problems, and of course the vast majority only get drug treatment when they are in prison, not when it could have helped them on the outside beforehand. And what happens to these people when they are released? Well nearly half are reconvicted within a year. It is clear that the government is providing new inmates for prisons when it doesn’t spend money on basic services such as social services, rehabilitation of war veterans, mental health care in the community, and drug treatment clinics. And of course the government should be looking at all of these issues when people are going through the justice system. This means funding Legal Aid, Probation Service and Courts properly so that defendants aren’t just rushed through on a conveyor belt to prison, left to stew there for a few months or years, and let out in a worse state than they were before. As long as legal aid lawyers get paid less per hour than a backstreet garage charges for labour, it will always be an uphill struggle to get a fair shout in our justice system. The Armed Forces is shamed by the number of its veterans currently in prison, but it is the government as a whole which has on its conscience vulnerable people behind bars. Joseph Kotrie-Monson is a solicitor at Mary Monson Solicitors in Manchester, a firm specialising in Serious Crime, Prison Law, Appeals and Personal Injury

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It gets worse. How the government has let down children in care who have grown up to end up in prison makes for horrific reading. 2% of the country's population have at one point been put into local authority care, but in prison that number

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Comment

Insidetime November 2009 www.insidetime.org

A complaint about complaints Gerard McGrath is less than impressed by how prisons deal with complaints and says prisoners have lost confidence in the internal system have no doubt that the archives of Inside Time can state as fact what little confidence the majority of prisoners have in the internal complaints system. Historically, a number of my fellow prisoners and I have written complaining that in response to perfectly valid complaints, we consistently receive replies from management which are evasive, banal, disdainful, discourteous, sarcastic and inane.

I

In my experience, at best management only pays lip service to the protocols of PSO 2510; due process is arrogantly ignored and impartial and objective investigations are not carried out. If published, I doubt that this missive will prove the catalyst which sees a change for the better in this or other prisons. However, faint heart never won anything and though no latter day crusader, I for one will not be silenced by the sense of futility management wittingly or unwittingly engender in prisoners where complaining is concerned. I hasten to add, given my sense of injustice coupled with my advanced years, in terms of what is good for me per se I am not averse to sinking the proverbial boat, never mind rocking it. Put another way, I am long past caring that much. In the thirteen months I have been resident in this prison, on three occasions to date the Prisons & Probation Ombudsman has upheld complaints I have been compelled to refer to his office, to wit: a complaint about the inappropriate (probably illegal) use of the fire alarm by staff; another regarding

disbursing money from my account to a friend outside; and another concerning the shabby service of our incompetent canteen supplier DHL/Booker. I was obliged to refer to the Ombudsman following the nature of the responses I received from sundry tiers of management up to and including the Governing Governor. Self-evidently, an evasive, banal, dismissive reply to the COMP 1 invites the COMP 1A Appeal Stage 1, the response to which invariably endorses the respondent to the COMP 1. In turn this is followed by the Stage 2 Appeal challenging the endorsement of the Stage I, which in turn invariably proves to be a further endorsement. Readers might agree this is a self-evident complete waste of time and effort for all concerned in the farcical process. At least where a COMP 2 Confidential Access is concerned, one can refer straight to the Ombudsman without having to endure the added frustrations of the COMP 1A appeals process. Other reasons such as due process, natural justice aside, ergonomically it makes no sense whatsoever for management to fail to address complaints in accordance with PSO 2510 at the COMP 1 stage. If prison managers are about anything they are decidedly about maximising resources and keeping costs to the minimum. Founded upon that axiom it is short sighted on their part for them to appear content for up to three of their staff, often themselves included, to give of their time in seeking to defend what is all too frequently indefensible where complaints from prisoners are concerned. Surely, given the proviso that a complaint is valid, it makes sense to acknowledge the fact and insofar as possible rectify the matter at the earliest possible stage. Everyone benefits; confidence and morale are engendered and sustained, not to mention the purely economic costs/benefits issue of best use of resources. The workings of the office of the Ombudsman are not perfect. They are inundated with complaints we prisoners have been compelled to refer due to the failure in duty of care of prison managers. We may not always get the outcome we wish for from the Ombudsman. Notwithstanding that fact, in my experience prisoners can at least be confident of due process, integrity and impartiality, not to mention being treated with courtesy and respect. In his role as the ‘guard of the guards’, the Ombudsman seems to have both the moral and ergonomic high ground in terms of how complaints are dealt with.

Gerard McGrath BA Hons is currently resident at HMP Haverigg

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Whatever age children start school, teaching will be dire Minette Marrin Writing in The Sunday Times October 18 2009 Education, Education, Education. The Chief Executive of Tesco, the country’s largest private employer, has said publicly that school standards were “woefully low”: teenagers leave school unfit for work and employers “are often left to pick up the pieces”. Sir Terry Leahy, the Tesco boss, is not alone in taking this bleak view: the head of the Confederation of British Industry said many of its members shared Leahy’s opinions. The Chief Executive of Asda commented that “no one can deny that Britain has spawned generations of young people who struggle to read, write or do simple maths”. I apologise to the many good teachers out there. But the system has been brought low by poorly qualified, trained and motivated teachers, supported by their unions. Ask any turnaround head teacher what the most important change has to be and it is invariably to sack bad teachers first, which is always extremely difficult. Poor teachers have been tolerated too long: there is no evidence for Ofsted’s claim that schools now have the best cohort of new teachers in history. No single thing is more urgent, or more neglected, in education policy today than to put a bomb under teacher training and the outdated, lazy orthodoxy that has almost wrecked English teaching traditions. That’s what is most needed. Teacher Training, Teacher Training, Teacher Training’.

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Comment

Autopsy of duplicity Karl Watson maintains that justice is expendable and has suffered purgatory for his continued stance of maintaining innocence ollowing Bob Woffinden’s articles in the February and August 2009 issues of Inside Time, which highlighted my 17 year fight for justice, I would like to add a few words and whilst it is not possible to recount every Machiavellian twist and turn I have endured, I can regale you with a small taste.

F

Firstly, I would like to address a commonly held misconception that the injustice demonstrated in my case is a rarity, a small failure in an otherwise just system. I argue that nothing could be further from the truth; justice in this country has been eroded by an administration that is preoccupied with the pursuit of results in an effort to convince the public that they are being served and protected by the state. However, it seems evident to exponents of the Law that just like the truth, sometimes justice is expendable and should not get in the way of a good story. Over the years, having verbosely protested my innocence in the strongest possible terms, I have been repressed and demonised by the prison service and incarcerated far away from my family in an effort to break me and those I love. I have suffered purgatory merely for having the temerity to demand that justice be done. I am at this stage now, not because the system works, which it clearly does not, but because I have steadfastly pursued that illusive justice. For so many years I have had to listen to the employees of many prisons threatening that if I do not stop fighting my conviction I may never be allowed to go home to my family. Without doubt the prison service has a vested interest in 'persuading' me to plead guilty as no doubt it would justify their own foul deeds and alleviate their tainted 'conscience'. After all, they were amongst those complicit in this conspiracy to pervert the course of justice through being responsible for the commissioning of psychiatric reports and then keeping silent. My strategy has been simple; I did not commit this crime so anything or any person that points to my guilt is at best false or a damned liar. Once this is understood then logic suggests that there must be evidence to prove the falsehood. However, in all the years I have interacted with others to secure evidence to pursue the illusive justice, I have been lied to and/or lied about until at times I even doubted myself. Only now has it been shown that my protestations have been the truth and the righteous Crown exposed as innate liars. Having sat through six weeks of a trial listening to what I can only describe as a sick pantomime, I was convicted of murder. I still remember the feeling of complete and utter shock. I was sick to my stomach and as confused as hell, having moments earlier been told by my counsel I would ‘be out in an hour’. To add insult to injury, a short while later I was taken to an interview room where I was offered a deal through my counsel. He had had a meeting with senior police and the prosecution, where they had stated that their witness had lied throughout the trial and that if I was willing to give evidence against him, they would speak to the judge on my behalf to reduce my sentence. In my eyes they had just admitted that their witness had committed perjury and worst of all, they had allowed it to continue in order to secure my conviction. I have suggested that an argument could be made for a case of perverting the course of justice, conspiracy to commit perjury.

No system is perfect and only a fool would suggest that the British system comes anywhere near those heady heights, but it is my long and bitter experience that there are stark double standards. For instance, a policeman caught lying under oath is portrayed by the judge as an honest but overworked public servant who has made an understandable mistake, while Prosecution witnesses are given every courtesy by the court. However Defence witnesses are afforded no such accommodations. It is as if the powers that be are looking down their contemptuous noses proclaiming ‘how dare they’! I sat there during my trial listening to the lies, it must be akin to being on the operating table, paralysed but conscious while you’re cut open. I have long since given up asking how or why this has happened; at this stage in the game it is just not important. The prosecution witness was initially assessed by a psychiatrist then, due to his mental status, he was confined to the prison hospital. The prison psychiatrist duly aired her professional opinion to the CPS, having 'major concerns' as to his credibility and asked for additional funding to carry out a battery of psychometric tests, this was far outside 'normal procedure'. Alarm bells must have been ringing. The expert conclusions of these tests found that he was of very limited intelligence and would say anything to please his interrogators. Hardly the reliable witness the CPS portrayed to the court. As Sherlock Holmes would say, ‘the game was afoot’. The psychiatric reports could not be hidden from his defence and had the trial gone ahead on him, without doubt, they would have relied on the results of the psychometric testing to challenge the admissibility of the evidence against him on the basis that his statements could not be relied upon as credible. It is important to remember that the case against him was based solely on his own self incriminating statements. At the same time the psychiatric reports became exposed, they would have been in the public domain. In such circumstances convicting him would have been far from certain. Having regard for the previous articles in Inside Time by Bob Woffinden, I have no intention of repeating his observations but as a result of having had ‘history’ with the CCRC I have very little regard for their past so called 'efforts'. To say that I am disappointed at the

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latest CCRC tactic to adjourn a decision for three months would be a gross understatement, though not a surprise having dealt for many years with those who have a vested interest in not exposing what has befallen me. The CCRC who have 'investigated' my case in the past have been preoccupied by returning to the ‘tree of the poison fruit', the CPS and their foot soldiers, the police, the same people that perverted justice in the first instance. They have continually lied throughout, why would they change now? For the uninitiated, otherwise known as those not banished from society, the CCRC states that it is `independent,' to which I raise an eyebrow. On first sight of the application booklet prominently displayed is the gov.uk website address, confirming its affiliation to the government. In 2000 the European Court held that there was a violation of Article 13 when the Police Complaints Authority investigated the police, stating that they were not a sufficiently independent body to protect individuals from abuse of authority. I would argue that by the same token the CCRC cannot be independent as they are funded by the government. Furthermore, in the CCRC's first year it referred 20% of cases back to the Court of Appeal but following remonstrations the CCRC changed the criteria for referrals, resulting in a dramatic reduction to 3.6% the following year. Is this a true demonstration of independence and impartiality? I keep hearing about how everyone has been alienated by the shortcomings of the CCRC and yet I am still to see any action. Whoever these disgruntled lawyers are, they could do everyone a favour and stop talking about how disappointed they are with the CCRC and stand up and be counted, because after twelve years they are way overdue to be made accountable. Whatever happens, Karl Watson will forever stand to be defined by a conviction for murder. It will continuously affect him and those around him. What is certain is that those that unlawfully withheld evidence in order to gain the conviction of an innocent man will never be held accountable. Could you ever foresee an instance where the CPS would face charges? Karl Watson is currently resident at HMP Rye Hill

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Sir Ludovic Kennedy Writer, broadcaster, and tireless campaigner against injustice (3 November 1919 18 October 2009) The writer and broadcaster Sir Ludovic Kennedy died aged 89. He made a real contribution to the abolition of the death penalty with his hard-hitting books about miscarriages of justice, most famously 10 Rillington Place, examining the murder for which Timothy Evans went to the gallows in 1950, but which was almost certainly carried out by John Christie. In the years that followed he interviewed luminaries such as JFK and the Dalai Lama, and worked on programmes including Panorama (1960-63) and 24 Hours (1969-72). Of all his roles, the one that brought him most satisfaction was probably that of campaigner against miscarriages of justice. He often felt that the real criminal in these cases was the adversarial nature of the British legal system, in which “each side does its best to vanquish the other and truth falls by the wayside”. This, Kennedy felt, amounted to “an invitation to the police to commit perjury, which they frequently do”. One of the keys to his success was the fact that he was a member of the very establishment he criticised, Richard Ingrams told BBC Online, which meant he couldn’t be dismissed “as a left-wing lunatic”. Others were his charm, generosity, and refusal to take himself seriously.



   



  





 
   

 


 




 
 
   


   

 
 







    




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PRISON SERVICE ORDER

Finance Order PSO 7500”.

6710 Prison Libraries

At the 12th Conference of Directors of Prison Administration in 1999 it was claimed that “Prison pay is a very substantial cause of unrest and dissatisfaction in prisons”. And in Prison Service Instruction 86/1999 we are informed that “The Prison Service is working on proposals to bring the Prisoners’ Earnings Act 1996 into force”.

Like so many other PSOs, this one is a consolidation document. It claims to update outdated advice and instructions and yet with the passage of time has itself become outdated; being issued on 14/12/2000. “This Order introduces a streamlined management approach to prison libraries and explains what action should be taken by governors to ensure that the management of the prison library is fully discussed with the Public Library Authority (PLA).

PSO

watch In his monthly feature exclusively for Inside Time, former prisoner John Hirst simplifies Prison Service Orders. John spent a total of 25 years in prison (his tariff was 15 years discretionary life sentence for manslaughter) and is the author of the Jailhouse Lawyer’s blog. Prior to release in May 2004, he proved to be the most prolific prisoner litigant of modern times and, he says, unlike Perry Mason and Rumpole of the Bailey, he never lost a case against the Prison Service jailhouselawyersblog.blogspot.com

The issue of the Order will enable governors and PLAs to re-examine the provision of library services and to consider how the quality of service can be improved and integrated into the regime of the establishment”. Chapter 7 relates to Provision of Certain Publications which is mandatory for governors to ensure are available in prison libraries. Those publications which are mandatory are listed in Annex 1. At 7.7 it states that “Annex 1 will be reviewed and updated regularly”. This is good news for governors, who have been instructed to make cutbacks in expenditure; for example Inside Time is to launch insideinformation, the comprehensive guidebook for all UK Prisons 2009/10. It no longer makes sense for governors to spend money when insideinformation will be supplied free of charge to every UK prison - ensuring easy access for all prisoners.

PRISON SERVICE ORDER 4460 Prisoners’ pay This PSO “sets out Prison Service policy on prisoners’ pay…financial procedures in relation to prisoners’ pay can be found in the

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On 21st October 2006, in the Justice of the Peace magazine Volume 170, the not so smart Ursula Smartt, in comparing the Latvian and English prison systems stated: “There is no legislation (like the Prisoners’ Earnings Act 1996 or equivalent German or French legislation) that regulates prisoner pay levels”. Under section 45(1) of the National Minimum Wage Act 1998 it states: “A prisoner does not qualify for the national minimum wage in respect of any work which he does in pursuance of prison rules”. If there is no statute which regulates prisoner pay levels in this country, how then are they regulated? According to PSO 4460: “It is for governors to set the rates of pay for their particular establishment and these should reflect regime priorities.” On Sunday October 25th 2009, I posted on my blog that a close friend of Prime Minister Gordon Brown, who lives with her husband in a £1.5 million house in London, has claimed £230,000 in expenses by saying a flat in Glasgow is her main home. And the day before I posted “The Trough Report: MPs fiddle whilst prisoners denied the vote”, highlighting that MPs spouses were in revolt because they believe that they have a right to keep fiddling out of the public purse. On April 30th 2008, The Times reported: “Gordon Brown scuppers prisoners' 37.5% pay rise”. The report said: “The Prime Minister intervened to overrule the Prison Service Management Board after learning that it had given the go-ahead to increase the minimum pay rate for an employed offender from £4 a week to £5.50”. I know of no public power which allowed the

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Prime Minister to overrule either prison governors or the Prison Service Management Board. The Prisoners’ Earnings Act 1996 is just waiting for Minister of Justice Jack Straw to bring it into force. We have suffered unacceptable delays with voting and pay, and yet punishment is meted out without delay. If prisoners ran out of patience and engaged in lawful rebellion under Article 61 of Magna Carta 1215, who could blame them? If prisoners organised themselves they could lay down the law and give the authorities 40 days to resolve the issues or else.

Correction In the last issue (October) of PSO Watch covering Communications, I made reference to PSO 4400 Chapters 2,3, and 4 and stated I had no idea where Chapter 1 was. Solicitor Elkan Abrahamson of Jackson Cantor Solicitors, Liverpool, wins a £5 book token for informing me that PSO 4400 Communications Chapter 1 is hidden within PSO 4000(3) – Criminal Cases Review Commission!

Readers are reminded that the Prison Service Orders on this page have been summarised. The full text of the PSOs can be viewed in your library.

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Comment

Life after Life

which shaped my life. For me it’s difficult to escape the features which served as a survival mechanism through so many years in the prison system and even on release I feel shackled by a criminal identity.

Recently released Lifer Charles Hanson finds he is destined to be defined by his past, ‘shackled by a criminal identity’, yet remains committed to challenging injustice and oppression

Prisoner struggles have existed throughout the many years I have had the misfortune to spend in prison and well before then, and it really is not that easy to forget. I still carry that with me, for I have seen and experienced injustice, coercion, oppression and unfairness where the system encourages the ‘dog eat dog’ mentality and prisoners are reduced to mere statistics and numbers.

Charles Hanson aving been released on life licence in July 2009, one of the takeaway pieces of advice I was given by a fellow prisoner on the evening before release was that I should walk away from prison and ‘move on with my life’; leaving the struggles of life behind bars to those still incarcerated. However this is easier said than done, as I continue to be defined as a ‘criminal’ and ‘convicted murderer’, and an arguable risk to the public depending on any perceived circumstances.

H

I seem destined to be imprisoned by labels, defined by my past and never allowed to forget. The life licence confirms that. For many years, prison shaped my thinking and outlook, and it really is difficult to escape that kind of negativity; indeed I continue to be reminded of it not only by the various criminal justice agencies but by those agencies which exist to meet the social needs of the community so that the inclusion of offenders for them seems a lesser priority. Therefore I remain committed, some might call it staunchness, in my determination to challenge injustice, discrimination and oppression wherever it raises its head and none more so than in the warehousing of men, women

and children in human dustbins in what we like to call HM Prison Service. Indeed, for many offenders prison is merely an interruption in their criminal lifestyle, which becomes more entrenched by incarceration where attitudes harden and any resolve to desist from further offending is crushed by the whole prison experience. Having faith in ones own abilities to overcome the adversity of prison life and emerge a better person for it always seems to me to be a starting point, but this is a rare occurrence as many prisoners have been damaged by a life-long experience of being crushed whether mentally, emotionally and in some cases physically; with a significant number of offenders having been through the care system as children whilst others have never known the stability and security of a settled home life. What stands out for me is that almost without exception most offenders come from ordinary working class backgrounds where poverty, unemployment, poor housing conditions, dependency on state benefits, drug and alcohol abuse are the common currency and for the majority of offenders that is all they have known. What chance have they got? Coming from a background where I experienced at least in part some of those features, I have been fortunate to have overcome certain of the more challenging adversities in life that have their origins back to the time when I had my whole life ahead of me. Things have changed and so have those principles

Have you ever served in the Armed Forces? Do you or your partner need help? If the answer is yes, you may be entitled to assistance from The Royal British Legion and SSAFA Forces Help - two charities assisting the Service and ex-Service community, working together to reach all those eligible for assistance. Whether you are still serving your sentence or are due for release, we may be able to provide financial support to you and your family. · · · · · · · · ·

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Or tell your partner to telephone Legionline on 08457 725 725 or SSAFA Forces Help on 020 7403 8783 or they can log on to w w w. b r i t i s h l e g i o n . o r g . u k o r w w w. s s a f a . o r g . u k

“

Prisoner struggles have existed throughout the many years I have had the misfortune to spend in prison and well before then, and it really is not that easy to forget

”

I have seen prisoners so traumatised by the whole prison experience that they have drawn a curtain over their life by ending their lot with a length of rope. I have seen them coerced into offending behaviour programmes which serves no useful purpose but to fulfil the ‘bums on seats’ criteria, secure extra funding and maintain job prospects for those wannabes and careerists who see prisoners as fodder to be fed through the system which serves their interests more than it does the prisoner.

The function of all prisons is therefore one of carrying out the sentence of the Court and it would be a cynical judge who would send a defendant to prison for training, social engineering, social work or coursework. I also see the rights of prisoners becoming more eroded with the release of the Ministry of Justice con-

sultation paper, ‘Legal Aid; Refocusing on Priority Cases’ in which it is being proposed to abolish legal aid for prisoners to pursue ‘treatment claims’. ‘Treatment’ is defined as healthcare, diets, mail (rule 39 legal letters), categorisation, visits etc. etc. in fact the way prisoners are treated. It is not being proposed to fetter the rights of prisoners to launch claims in the Courts, as that would be an absolute abuse of power and contrary to the spirit of human rights legislation. Prisoners would remain free to launch their own complaints and claims in the Courts and represent themselves, but without the benefit of legal aid and therefore lawyers. Solicitors like any other profession need to be paid. Legal aid goes some way in meeting that requirement. Without that it is likely that abuses would go unchecked for who has any faith in the prison complaints system where we have prison staff investigating in some cases complaints against themselves and where Governors support their staff by turning a blind eye? If the recommendations in the Consultation Paper become a reality it will no longer be valid for a prisoner to argue that he will be contacting his or her solicitor about an unfair Prison Service decision or a complaint about prison treatment as defined by the Ministry of Justice. Solicitors will find themselves having to abandon much of prison law work and simply advise the prisoner that he is not funded to carry out such work. After having served so many years in the prison and borstal system, I still carry with me the residual effects, including a life-long licence, therefore it is not easy to simply walk away from it all. So I carry on doing what I have done for so long; and that is speaking out about the injustices, abuses, unreasonableness and unfairness of the very system which created that in me. Charles Hanson is recently released from HMP Blantyre House

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Reforming the character The reality of life within Blantyre House, contrary to lurid media headlines, really is geared towards effective rehabilitation

John Roberts writes ver the years, Inside Time has published a number of contributions sent by prisoners about their experiences of Blantyre House resettlement prison. The national and local press have, in recent months, also featured the prison a great deal, although their coverage has been mainly re-runs of old tales to make sensational stories in order to fuel the public’s seemingly insatiable appetite for ‘prisoner bashing’ articles; claiming the place was a ‘holiday camp’ and publishing photographs of men in residence sunbathing on the grass whilst others walked the streets allegedly terrifying the local community; basically the kind of material that excites readers and sells more newspapers. So Inside Time asked to visit the prison in order to take a good look at what Blantyre House has to offer prisoners and to see what sort of ‘neighbour’ the prison really was for the local community.

O

Resettlement units like Blantyre are few and far between, but are an essential part of the rehabilitation process and aim to successfully reintegrate long-term prisoners back into the community. The location couldn’t be more suitable in the way that it is tucked away in

the Kent countryside where its existence can have little impact on the local area. The photographs of sunbathing prisoners had clearly been taken from forested hills close to the prison by a cameraman lurking with telescopic lenses. No doubt they would be prepared to wait for a group of prisoners on a break from their work to provide the shot that would give gullible readers the impression that everyone spent the whole time sunbathing.

3. BSA testing, if required, to assess the level of prisoners’ Literacy and Numeracy. 4. Education where having completed a diagnostics agree with the Skills for Life tutor an Individual Learning plan for Literacy and Numeracy. 5. Pathway induction course which progresses individual social skills, self-esteem and independent decision making. 6. College/employment/housing advice and assistance. 7. Induction board to set targets and potential progress. The process identifies the resettlement needs of each individual, leading on to education/ offence related courses/training courses for employment/community work/voluntary work; which all lead on to college or employment (or both) back in the community. Other services in the prison such as CARATS/ Probation/OMU/Healthcare etc run an ‘open door’ and appointment policy. Residents and staff are acknowledged by first names, including governors - who are always approachable and friendly.

“

The grounds are well maintained by prisoners whose job was to cut the grass, water the flowers and generally keep the place tidy. Those that I saw and spoke to clearly took pride in what they were doing and had a job that could indeed help them with future employment. For those working out or going for interviews, the small railway station a couple of miles from the prison provides another opportunity for reporters to spy on any prisoner and take photographs to provide sensationalist headlines such as ‘murderers and rapists’ roaming the village; conveniently forgetting they were doing jobs that nobody else will apply for and have been assessed to ensure they present no risk to the public.

Resettlement units like Blantyre are few and far between, but are an essential part of the rehabilitation process and aim to successfully reintegrate long-term prisoners back into the community.

The role of Blantyre House is to provide the final stage of rehabilitation leading onto the structured reintegration of long term prisoners back into the community. It uses the seven pathways (known as steps to the gate). 1. Induction meeting. 2. Education induction and discussion about individual needs.

Inside the prison, things were very relaxed and prisoners talked openly about their experiences and annoyance of the way national and local press continually tried to whip up

”

31

fear and unnecessary concerns about the prison being in the community. Life there was not perfect or cushy but it did provide the opportunities for those looking to move forward and start to rebuild their lives. We met with one prisoner, who had just arrived, who was willing to give us his ‘view from the inside’. He explained: “As a discretionary life sentenced male prisoner, I have been through the mill just like most other long term prisoners (on this and other sentences); starting out in a B cat local, onto dispersal, and then progressing down to B and then C category prisons. I have been fully engaged in the rehabilitation process and have completed 5 offending behaviour courses and programmes and 26 months in a T/C environment. I was advanced onto D category status by the Parole Board in May of this year. “Being equipped with my new found status left me with a dilemma because throughout the past 6 years served on this sentence I have become aware of the reputation certain D cat prisons have earned with the drugs /drink and party culture adopted by some of the estate’s prisoners. Thank God for ETS and my ability to make informed decisions about my future. With limited options available offering me the structure I needed, my application to Blantyre was swiftly submitted and I was fortunate enough to be accepted; arriving here in the first week of August. Although only a couple of months have passed since my arrival, I am confident that I made the right decision in my transfer choice. I am around other maturelyminded men who are focused on rebuilding their lives amongst a staff team who are committed to the process of successful resettlement for long term prisoners. “Throughout my time here, and subsequent resettlement back into the community, I hope to ‘update’ Inside Time readers with my progress; including any pitfalls I may encounter as I progress towards my reformed life back with the rest of society and give a true account instead of the distorted media perception of Blantyre House”. Watch this space!

John Roberts is a Director of Inside Time

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There is no option as to choice of food, either eat or go without! But you can request a special diet, such as low fat or vegetarian. Curiously, for those with British prison experience at least, Czech or Slovak prison officers rarely enter the prisoner area, except for a twice daily count! Some prison directors want the entire inmate population in all sections counted simultaneously, with the result that such counts can take up to 45 minutes to get right!

Chris Denning ompared to the stability of Britain, with only one revolutionary (Oliver Cromwell) and, similarly, one invader (William the Conqueror) in almost 1,000 years of history, Central Europe - at least until the end of the second world war was followed by the rudimentary beginnings of the European Union – has been an ever-changing landscape. There are towns that have been in five or six different countries over the years, not by being physically moved you understand but as a result of war-driven boundary changes. The Czech Republic and Slovakia, for example, have been together as a single Czechoslovakia; and they have been two separate countries, as now, more than once.

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They were controlled by Nazi Germany during the Second World War and by the Russians after the war; and before the First World War by the Austrian rulers of the Hapsburg Empire. Furthermore, Slovakia’s capital, known as Pressburg in Germany and as Pozsony in Hungary, has also been the Hungarian capital, in place of Budapest, in the past - and several of Hungary’s kings have been around there over the years! So, with this background, it will hardly come as a surprise to find that today’s Czech and Slovak courts and penal institutions have their origins abroad, in the Austrian system, with many differences from how things are done in the UK. Firstly, pre-trial remand and convicted accommodation is very strictly separated, absolutely no mixed wings here. Remand units operate generally on a basis of a two to a cell, 23 hours per day bang-up system, with absolutely no

Library books - issued once every two weeks - are allocated, not selected. You can merely request a category, ie ‘cowboy story’ or ‘autobiography’ for example. The books are distributed around the section by a library orderly. Many male prisons are home to several transvestites, usually young Roma boys, who offer ‘services’ around the dormitories for payment in tobacco. The youngest ‘adults’ in Czech and Slovak prisons are 18. Prison Ruzyne, Prague

Horses for courses Former Radio 1 DJ Chris Denning compares the vastly different regimes between prisons in the UK and those of a more austere nature in the Czech Republic and Slovakia association whatsoever other than exercise, although occasionally you may be offered an hour or so on a computer game. But good behaviour can get you into the so called ‘Volná väzba’ (free custody), a section with cell doors open throughout the day. Whichever part you end up in, you must be prepared for a very long stay; months or even years often pass before a trial begins and a shortage of judges and courtrooms means a break of many weeks between successive court appearances - and trials often lasting several years.

Chris Saltrese SOLICITORS

A law firm providing a premium service in representing clients in contested sexual offence and domestic violence allegations in criminal proceedings. We have a proven success rate in appeals, both against conviction and sentence, and will investigate miscarriages of justice in most areas of law. I have been wrongly convicted. Can I appeal? There is no right of appeal against conviction, only the right to seek leave (permission) to appeal. Normally this is through your trial barrister if he considers you have grounds. You are entitled to written advice on this under a representation order. You may wish to seek alternative legal advice, if you feel dissatisfied with your representation (though this in itself is not usually sufficient as a ground of appeal). Legal aid for this latter purpose may be restricted and means-tested. The Court of Appeal may only overturn a conviction if it considers it to be unsafe, so that a ground, such as a legal error at trial, might be valid but insufficient to overturn a conviction. You cannot appeal on the basis that you are innocent and that the jury got it wrong.

If and when convicted, the prison environment changes completely and you become a resident of a prison camp, or ‘lagr’. Unlike UK prisons, the lagr is divided into several sections, depending for example on whether you are a first time offender or a recidivist. The decision on your prison category, however, is made by the judge in your case, not by the prison and based on the punishment they perceive that you deserve, not - as in the UK - on your security risk. The full prison may hold thousands of prisoners, but you will be separated in the section to which you’ve been assigned - usually a group of about 90 inmates housed in seven or eight dormitories of eight to sixteen people. Normally there is little or no contact between sections. Depending on the section category you are in, the dormitory doors will be either open or locked all day. In the Czech Republic, dormitory doors are left unlocked day and night. Some rules are particularly annoying; you can shower, for instance, only at prescribed times. In Slovakia, you may telephone only to approved numbers and for only fifteen minutes total for all calls, once per fortnight. Calls and visits are yours by right only to close family members otherwise permission for friends has to be sought and is often not granted. You cannot request specific visit times, as in the UK; the prison allocates a regular date and time once per month for the entire section - two hours.

There are no VPUs as, generally, Czech and Slovak prisoners are far more tolerant of socially unpopular inmates than in the case in Britain. In the event of problems, however, every prison has a so called ‘Crisis Centre’, a small unit for people needing immediate separation and protection. Anyone who ends up there is usually, shortly afterwards, moved to another establishment. I have already mentioned how prison officials, who are in fact police officers, rarely enter the prisoner areas; there is, however, one official who does work closely with inmates. Known as the ‘pedagogue’ this man deals with most prisoner issues, such as distribution of post and mail censorship, as well as the checking of inmates’ parcels - you can receive one 5 kilo package of food every three months. Pedagogues, one for each section, also hold regular section meetings where important issues such as domestic violence and sex offences are briefly discussed. This is the nearest they get to sex offender courses! Most, but not all, offences offer the possibility of early release, either at the halfway or twothirds point. The actual release decisions are made by the court nearest to the prison. Dormitories, as a system, sound friendly but personally, despite bang ups, I prefer the relative privacy offered by the UK style two man cells, especially if your funds extend to a Playstation or DVD player, both absolutely forbidden in Czech or Slovak jails. In the end it’s ‘horses for courses’. I couldn’t understand why the Czech prison toilets seemed to be permanently occupied, until I realised that most of them contained huge piles of porn magazines, fully legal and accepted by the prison authorities! Chris Denning is currently resident at Sudna 15, Trencin, Slovakia.

If I am told there are no grounds of appeal, can I get further advice? You may ask for a further review with a fresh solicitor if you can point to particular concerns or have new evidence. Application for leave to appeal can be made out of time (beyond 28 days after conviction) or an extension can be applied for so long as sound reasons are given for the delay.

Can I get funding for legal assistance on appeal? If you have a legal representation order for trial this should cover initial advice on appeal and subsequent actions subject to leave being granted. If leave to appeal is turned down by the single judge and you wish to argue the case before the full court, you will either have to find private funding, get pro bono assistance or rely on selfrepresentation. If leave is granted by the full court you will normally be granted legal aid for representation. If you wish to have another solicitor examine your case after conviction, means-tested legal aid may be available for an initial review and, if warranted, may be extended to cover necessary work. Means-tested legal aid is also available for help with CCRC applications. For further information please contact:

Chris Saltrese Solicitors 13 Scarisbrick New Road Southport PR8 6PU

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Dispelling the myths Following numerous complaints from prisoners about the DHL pricing structure, and the quality of service they provide, NOMS Procurement Directorate & Offender Employment Skills and Services Group address these concerns

T

he concern of some Inside Time readers about the price of goods in the weekly ‘canteen’ delivery has prompted us to provide a few facts and answers about the new retail contract recently awarded to DHL. The first fact is that the price of goods is set by NOMS. DHL purchase goods from Booker and neither are in a position to use the contract to generate profit through the sale of goods. DHL are paid an agreed fee for providing the service. The second surrounds the myth that NOMS makes a profit and charges high prices in order to do so. NOMS, in fact, have never made a profit and seeks only to recover its operating cost. This includes the cost of picking and packing up to 76,000 orders each week, and the staff and vehicles needed to deliver them on time in a secure environment. The third fact is that NOMS goes to great lengths to ensure prices do not exceed Manufacturers Recommended Retail Price (MRRP) and are comparable to those offered in high street stores. As an example, the table (opposite) shows a shopping basket of goods made up from the best selling items from the national range available to prisoners. The prices provided will be as stated on prisoners’ order forms from November 2009 to February 2010, and are compared to those found in a number of shops at the moment. Comparison using receipted purchases from Budgens, Co-op and Spar on 23 October 2009 Tesco prices online. Where comparable products are of a different size or weight, prices have been adjusted to be like for like. Where no comparable products are stocked, the MRRP is used to give final comparable figures (marked in yellow). NOMS does not, and never has, claimed to be able to offer goods at the prices to be found in large supermarkets.

However, NOMS recognises that prisoners generally have very little money to spend on extra day-to-day provisions. Regular reviews are undertaken by NOMS with DHL and Booker to find and offer a mixture of low cost products and manufacturer promotions as well as the premium brands prisoners say they want to buy.

selves and some use DHL; some limit to one supplier only, whilst some do not permit any catalogues to be used at all. This choice is down to the prison concerned. Where DHL are involved they place the order on behalf of the prisoner and deliver the items to the prison. In all other cases the prison places the order for delivery direct to prison reception. The transaction is between the prisoner and the catalogue provider. A small charge is made as a contribution towards the cost of delivery. No profit is made from the supply of items from catalogues. NOMS only seeks to recover its operating cost.

Aside from the improvements in performance and pricing methods, the new contract with DHL has delivered a number of additional benefits that receive little if any publicity. It is a little known fact that currently 64 offenders are enrolled in a formal NVQ programme in warehousing, with another 21 places due to start shortly. Furthermore, there are over 500 prisoners employed in providing the service; getting valuable work experience in warehouse operations and systems. Finally, DHL were chosen in part because they have a strong commitment to offer employment to offenders following release.

Price Comparison Shopping Basket Product Description

NPL*

RRP

Budgens

Co-op

Spar

Tesco

UHT Semi-Skimmed Milk 500ml

0.49

0.49

0.40

0.38

0.48

0.44

Having established the facts relating to price, let's turn to some of the other questions frequently received from prisoners:

Orange squash 1 litre, value brand

0.65

0.65

0.65

0.75

0.93

1.16

Granulated Sugar 1kg

0.90

0.90

1.00

0.97

1.09

0.93

Bourbon Creams, value brand

0.45

0.45

0.26

0.44

0.45

0.30

NOMS has been criticised in articles published by Inside Time about the range of products offered. Prisoner consultative committees are used to provide feedback on the range and to suggest new products. Regular consultation also takes place with representatives from minority groups to ensure NOMS meets the diverse needs of all prisoners. Booker provides expert input into what's new and popular in the wider retail market to make sure NOMS can keep the range up-to-date. Each prison selects the items that will appear on the order form from the national list.

Pot Noodle Beef & Tomato

1.16

1.16

1.02

0.99

1.19

0.88

Superfast Oats 500g

0.64

0.64

0.56

0.47

0.64

0.42

Coffee Gran 200g, value brand

1.49

1.49

1.60

1.49

1.49

1.57

Orange Juice 1ltr

0.69

0.69

0.95

0.93

1.05

0.86

John West Mackerel Fillet in oil

1.19

1.19

1.28

1.19

1.89

1.15

Cherryade 1Ltr

0.42

0.42

0.35

0.42

0.42

0.23

Tuna Chunks 185g, value brand

0.76

0.76

0.89

0.93

1.12

0.78

PG Tips 40 pyramid tea bags

1.19

1.19

1.35

1.08

1.59

0.93

Mars Bar 58g

0.41

0.41

0.46

0.46

0.59

0.40

Walkers Cheese & Onion 50g

0.54

0.54

0.59

0.65

0.68

0.56

Coca Cola 330ml Can

0.61

0.61

0.61

0.65

0.89

0.61

Duracell +AA Batterys

1.00

1.00

1.00

0.98

1.20

0.87

‘I Love You’ Card 1

0.59

0.81

1.70

1.65

1.75

1.18

Amber Leaf tobacco 12.5g

2.76

2.76

2.76

2.85

3.03

2.68

Rizla Papers Green

0.23

0.23

0.23

0.28

0.40

0.23

Imperial Leather Bodywash 250ml

1.00

1.00

1.00

1.00

1.00

1.46

Mcleans Whitening toothpaste

1.65

1.65

1.80

1.65

1.65

1.00

Head & Shoulders Shampoo

2.49

2.49

2.13

2.24

2.73

1.84

Dove Soap 100g

0.75

0.75

0.58

0.57

0.82

0.52

Aq'fresh Flex Toothbrush

1.09

2.79

2.79

1.90

2.79

2.50

£23.15

£25.07

£25.96

£24.92

£29.87

£23.50

£1.92

£2.81

£1.77

£6.72

£0.35

£1.00

£1.04

£1.00

£1.19

£0.94

NOMS works closely with DHL to ensure prisoners receive the goods they order on time. In September, over 98% of all orders delivered by DHL matched the order forms that were received. Where problems do occur, they are quickly passed to either DHL or prison staff as appropriate. Where an item is returned the prison is informed as soon as possible so that a credit can be returned to the prisoner's account. The review of complaints by NOMS senior managers is a routine part of managing DHL's contract. Issues are resolved with DHL to ensure problems are not repeated and always geared towards improving service delivery. Some prisons allow prisoners to supplement products on the national product list by ordering goods from catalogues such as Argos. Certain prisons provide this service them-

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Total Shopping Basket spend Difference Average cost per product

* National Product List. Comparison using receipted purchases from Budgens, Co-op and Spar on 23 October 2009 Tesco prices online. Where comparable products are of a different size or weight, prices have been adjusted to be like for like. Where no comparable products are stocked, the MRRP is used to give final comparable figures (marked in blue)

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insideeducation

in association with the Prisoners' Education Trust

Utilising time inside Former Beirut hostage Terry Waite CBE writes about his harrowing years of solitary confinement and how he believes prisoners should take every opportunity to step onto the educational ladder aving been banged up for almost five years, almost all of which were in strict solitary confinement, I can claim to have some personal knowledge of incarceration. Chained to the wall for all but ten minutes each day … sleeping on the floor with no natural light … no companionship … no reading material of any kind for three years and of course no radio or TV. It was all rather like some members of the public think British Prisons ought to be! Well, let me be clear from the start. I knew that if things went wrong when I was working for the release of hostages then I wasn't going to be sent to a holiday camp. Things did go politically wrong and down I went.

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At first I was angry. Angry that the people with whom I was negotiating had broken their word (they had promised me safe conduct to visit sick hostages). Angry with myself for taking such extreme risks. Angry at being locked up. I did what many prisoners do when they lose their liberty. I refused all food. Although I didn't realise it at the time, this was a way of demonstrating that I still had a measure of freedom. After about a week the anger had gone away and I began to eat.

Terry Waite steps off the plane and back onto home soil after his captivity in Lebanon

Reaching for the Summit James Dewes highlights the work of a remarkable enterprise where the training really does make a difference ummit Media is the UK’s leading specialist retail digital marketing and e-commerce agency. What comes as a surprise to most of its rivals is that it started and still remains firmly rooted in the prison system, providing training by inmates for other inmates. Nine years ago The Wolds Office in HMP Wolds was a workshop that produced garden gnomes. Now it produces well turned out professionals with desirable work skills and a great ethic.

S

Training at Summit is largely an ‘on the job’ affair, conducted by inmates who specialise in their own fields. Continued on page 40

I found it important not to let anger turn to bitterness for the simple reason that bitterness is like a cancer that eats away at the individual. It does more harm to the one that

holds it than against those whom it is held. It wasn't easy to maintain myself day after day. The guards would not converse and when anyone came into my cell I had to pull a blindfold over my eyes. So for years I never saw or spoke to another human being. A couple of hostages I got to know later told me that there was a time when the food they received became almost uneatable. They complained and complained and complained. After about six months the head man came to see them and when he heard what they were getting, realised that they were not being treated properly. He investigated and discovered it was the old old story. The young guard had been given money to buy food and had trousered most of it. They took the guard and shot him. Their reasoning was that if he would betray them in this way then he might give way if a larger sum was offered to betray the organization. Prison cooks beware! In such a situation I missed many things of course but I did miss books a lot. No guard would ever bring me a book. However, you always find that there is someone who has a heart and one day one of the lads said he would try and get me a book. He couldn't read English so he had no idea what he was getting. Imagine my surprise when he came into the cell and dropped a book by my side. It was 'Great Escapes' by Eric Williams. Not much use to me but entertaining to read. I

tried to make the best use of the time inside but how I wish I had been given an opportunity to read more widely and to study. Take a tip from me and use the time you are spending inside to get into some form of education. I know it's difficult. Staff shortages mean that there are times you can't be escorted. Materials are difficult to get hold of. I know the excuses as well as you do; but persist, for this may be a unique chance for you to either get your foot on the first rung of the educational ladder or to go forward and get a degree. On average, 17 prisoners each year graduate in prison through the Open University (see opposite page). It’s a great institution with excellent support and back-up for anyone who joins up. For most of us, prison is not much fun but it need not be a disaster. If you can view it as an opportunity and take the opportunity to study then you can really use the time well. By the way, the second book I got was a ‘Manual of Breast Feeding’. It wasn't even illustrated! Terry Waite’s book ‘Taken on Trust’ is an account of his years in solitary confinement and of the inner strengths which enabled him to survive. Available in all good bookshops RRP £6.99

insideeducation

35

Open University launches prospectus for students in prison learners with little or no special knowledge or experience of studying - and many go on to complete degrees, diplomas and other qualifications. The recent Brain Cells report into prison education, commissioned by the Prisoners Education Trust, confirms the value of education in prisons. It states: “Investment in education for prisoners is worthwhile and productive; it changes prisoners’ outlooks and attitudes and encourages new motivations for their future. It equips them with better chances of gaining employment.”

he Open University has published a prospectus to help students in prison choose courses and qualifications they can study while serving their sentence. The 72-page booklet gives details of nearly 200 OU courses available to prison students, with subjects ranging from the arts and social sciences to mathematics, science and law. There is also information and advice on how prisoners can become successful students and on how they can make use of the knowledge and skills gained from study after their release. (Ask your education department for a copy.)

T

More than 1,400 prisoners are currently taking OU courses in prisons throughout the UK. Most start with Openings courses - short, introductory courses designed for new

A new Prison Service Order, developed jointly by the Prison Service and the OU, aims to give more support to higher education provision in prisons in view of its clear economic and social benefits. The new prospectus, now on its way to over 100 prisons, is its first tangible result. Ask your education department for a copy.

Who is the OU for? The OU was set up to offer the benefits of higher education to all, not just those who already have paper qualifications. Over the past 40 years the OU has changed the lives of more than two million people, bringing them new knowledge, skills, interests and inspiration and helping them to achieve new goals. This includes thousands of students in prisons and other secure environments. The OU is Europe’s largest academic community, with more than 200,000 students taking courses every year.

What can you study with the OU? OU students have access to a wide range of educational opportunities, from short introWriting and Journalism Courses by distance learning We offer specialist home-study courses by post or by email with expert tuition from experienced authors.

helping people to live crime-free lives

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support and training for • accommodation, prison leavers wanting to resettle crimefree centres across England (including • project drug rehabilitation and women’s projects)

ductory courses to longer, broader courses leading to degrees and other recognised qualifications. Many of these courses can be studied by people in prison or other secure environments, and many do not call for any prior knowledge of the subject - but you will normally be expected to show that you can study successfully at National Qualifications Framework (NQF) level 2 or above, or its equivalent. Your education department can tell you more about entry levels and the courses which may be available to you, subject to your particular circumstances.

What OU students have achieved OU students in prison have been taking and passing OU courses for many years. They include people from all backgrounds, many of whom have had negative experiences of education in the past. Their OU studies have not only given them something constructive and worthwhile to do during their sentence but also helped them to gain confidence and belief in their own abilities. For some, taking OU courses has been an end in itself; for others it has provided opportunities for a new start after release.

OU study has completely changed me as a person. As well as being more knowledgeable about social issues, I am much more confident and optimistic about the future. Tony, HMP Wymott

It has been thoroughly enjoyable learning with the OU. The course material is well written and the assignment questions stimulating. Learning has widened my outlook and interests, and to receive a good score for an assignment is tremendous validation for the hard work put in. Ben, HMP Wolds

Where do I Start? The idea of university-level study can be quite daunting if you have not studied at this level before, or not studied for many years. For this reason, most OU students in prison start with an introductory Openings course. These courses are designed to give you a gentle introduction to higher education and to help develop your study skills so that you can go on to higher-level study by taking a longer, broader course; most longer, broader courses last nine months; some language courses are longer and business courses are typically six months. Unlike other universities, the OU does not have entry requirements for most of its courses and you do not have to take tests to gain entry, but you will need to satisfy your education department that you are ready to take on OU study and that there are no security or public protection issues that would make a particular course of study inappropriate. If you have already studied at university level, you may be able to start at a higher level than Openings and you may be able to count credit from previous study towards a qualification, but the final decision on where you can start rests with the Prison Governor (or their representative), who must approve all applications.

Having been a very active person outside prison, I found the course a huge release from the boredom created by the prison regime. The course is dynamic, extremely interesting and engaging, giving me a new perspective on my life. Edwin, HMP Chelmsford

At first I thought I would not meet the requirements, but you can do it as long as you are ready to achieve it. My results give me joy and hope. You will be surprised how much you will achieve. Stay positive. Linda, HMP Morton Hall

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Prisoner support Robert Maynard wants prisoners to share their skills and utilise previously wasted potential hen I came into prison, I was scared. I had never had an experience like it before and all I knew of life ‘inside’ was the violence and intimidation portrayed in the media. I spent my first few days in my cell, only going out to collect meals. During my first week, I slowly got used to being inside and with a little encouragement from staff, started to venture out.

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The first experience I had of peer work was the Insider Scheme at Wandsworth Prison. The idea being that a few inmates show the ‘newbies’ how it all works. One of the key points about the Insiders is that they become someone you know you can talk to and trust, which is invaluable when you’re chucked into an alien world and feel very alone. So after a month there, two months in a Cat A and now in a Cat C (didn’t make much sense to me either), I’ve got used to being inside. All along my journey so far, I’ve been lucky to have people I could get along with. My background is in research and management, and the boredom of prison life quickly led me to look at the various figures on prisons. With the help of some excellent organisations, including the Prison Reform Trust, Prisoners’ Education Trust and the European Prison Education Association, I got hold of research and learned some shocking facts: almost 62% of the prison population have no qualifications and 48% have a literacy level lower than an eleven year-old; 32% are homeless; 67% were unemployed before imprisonment. I have been quite lucky in my life (present situation excepted), but seeing these figures really shocked me. I thought there must be a way to make the situation better. After a few hours of thrashing out ideas with my cell mate, we came up with the idea of peer support. The most difficult

obstacle was funding - the prison service had none and is struggling to keep staffing levels, so I concluded that was not an option. I wrote to a number of prisoner charities, but the credit crunch has hit them as much as everyone else. Peer support work was extremely cheap, with the maximum wage here being £8.10 a week. So I had the starting block - now how can we go about reducing those statistics … I found a few like-minded prisoners and officers and worked through the problem. We came up with the Prisoner Support Scheme. What we found is that there is a wide skills base brought to the prison by prisoners, whether from previous qualifications, career, experience or simply a special interest. If we used this potential in a constructive and controlled way, we could have an impact on the stats, help other prisoners gain those skills, and hopefully lead to more successful resettlement with stable employment or full-time education. Another trend to tackle was homelessness. The government said in one study that ‘only 19% of prisoners received advice or guidance about accommodation, and 30% of people released from prison will have nowhere to live’. With the same study saying that stable accommodation can reduce re-offending, I was amazed that NOMS weren’t paying it more attention. Eventually, after rather an uphill struggle, I got some face time with a resettlement governor to talk through my proposals - the training and support of serving prisoners to enable accurate and up-to-date advice and assistance to be given to others. The idea went down well, and to cut a long story short we will soon be starting a resettlement peer worker scheme in partnership with Shelter, a charity that I have been supporting for a number of years that does excellent work with the homeless. Although it’s all taken forever to get going, and probably won’t be running fully before I’m released in four months’ time, the hard part has been done. With prison now coming round to the idea that peer support is an excellent resource, the other guys who helped with the planning will be able to take the rest of our plans forward - CV writing and interview techniques, foreign languages, first aid, driving theory - the list is potentially endless. Prisoners have broken the law, yes, but many still have valuable skills that could help others improve their lives, and to keep NOMS happy, help reduce re-offending Robert Maynard is a pseudonym for a serving prisoner

Prison education system works given the chance! David Goodman praises education departments for their continued support in enabling him to achieve qualifications There is no doubt that there is a difficulty with learning in the prison system. At present, the cut backs to most departments are closing education down. Offender behaviour courses and psychology are the current ‘in thing’. Education should be the main offender management course to help with rehabilitation. I have been in prison for 35 years and it was not until 2002 that I could write a letter or know where to put a full stop; I would probably still be at that stage if it were not for prison education departments. It might sound funny but before I came to prison I did not have a single qualification in anything, the only certificate I achieved was for ‘Truant of the Year’ and I won that fifteen years on the trot! Now I have over 50 OCN, two OU diplomas and nine Koestler awards. Prisoners would progress better with full time education and the skills and confidence that come with it than listening to psychologists pontificating with long words that no one understands at the best of times. It is all very well having a vocational training from prison but it is no earthly good unless you can read and write competently; how will you fill in an application form or write a cv? Is it any wonder that so many people re-offend, so much easier to steal the family groceries rather than admit to not being able to fill in the forms at Job Centre Plus! Basic education should form the basis of all offender management courses - in and outside prison; if a person falls below the criteria laid out in the induction literacy and numeric tests then education should be mandatory and part of their sentence planning. When they are released continuing support should be sought by probation or resettlement to ensure that their progress will continue and as a result, hopefully, the need to re-offend will diminish. David Goodman is currently resident at HMP Whatton

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

We can look again

It is for anyone who wants to learn how to read whilst in prison. Toe by Toe Mentors help others learn to read. Train to be a Toe by Toe mentor and develop skills in supporting others. It is a positive and highly rewarding way to spend your time in prison. For more information write to: Shannon Trust Freepost RSCE-ZSAR-GYAX 2nd Floor, Royal London House 22-25 Finsbury Square London, EC2A 3DX

The Criminal Cases Review Commission is the independent public body which investigates possible miscarriages of justice in England, Wales and Northern Ireland. For an information pack and application form, please phone us on 0121 633 1800 or write to Criminal Cases Review Commission, Alpha Tower, Suffolk Street Queensway, Birmingham B1 1TT. www.ccrc.gov.uk

insideeducation

model Why be a ASadiqrole Aslam highlights the prisoners face in mentor? difficulties order to get things done Alexander Rarity shares his experiences of W being a learning mentor A little about me being a learning mentor, Toe-by-Toe mentor, resettlement mentor and a listener. I became a learning mentor in October 2007. I wanted to be a mentor as I read a story from a lad who could not read or write when he came into prison and now he is helping other people to read and write, and I just thought his transformation was incredible. Once I read that article I just wanted to help people, because I could understand how certain people feel not being able to read and write. When I became a learning mentor, I had to complete a three week course in practical strategies for supporting basic skills learning. That course was at level two, and the course is part of a teaching assistant’s training. I get so much satisfaction from helping another prisoner, because I know the things I help them with they could use later on life and maybe use it towards further education or even their dream job. I am also a Toe-by-Toe mentor, which means I help people to read; and I didn’t go through any sort of training to become this mentor. The best thing I receive from this sort of mentoring is that I know when they receive a letter from a loved one they will be able to read it on their own and not ask someone to help them read it for them. I also receive so much help from staff to help other prisoners, so without the helpful staff the other prisoners would not be able to learn. I became a resettlement mentor in November 2007, and my role as a resettlement mentor is to help other prisoners get in touch with the correct staff within the prison to sort out their release plans, or I will work with them to sort out any problems they have, for example money problems, drug addiction or even fallen out with family and friends. I became a listener in August 2008, and the reason I wanted to become a listener was so I could help lads who feel lonely and sad, as I know what it feels like to be in a situation like that. I am not really called on a lot as listener because I am on the enhanced wing and it so relaxed on this wing. But when I am called on, I feel I can relate to some of the things the caller is speaking to me about. Once again, the support from prison officers is immense and the listeners could not do the job we do if it was not for them. I will be released from prison in year’s time, and when I am released I hope to work for a charity helping to keep young adults out of prison. And all of the young adults are basically on their last chance either from the courts or probation - and with me having the experience of being in prison, hopefully I can share how lonely it can get being away from your loved ones. I also hope to go and be a volunteer for the Samaritans and continue my work as listener.

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A writer’s time Andy Thackwray advocates writing as therapy, something he insists has helped him retain his sanity whilst in prison

e have all read the tabloids with their ‘hang, draw and quarter’ attitude towards prisoners; based on their thirst to sensationalise and promote misinformation that prisoners are either in an intoxicated state, on drugs or alcohol or playing their Play-Stations and being fed elaborate meals at the taxpayers’ expense. It is not surprising that the general public expresses outrage and distrust that we are unwilling or unable to change. This is something the tabloids are extremely successful at engineering. At no point is it mentioned that a large proportion of the prison population is illiterate and innumerate. These prisoners are not going to declare that they cannot read, write or do the most basic of mathematical equations. They have survived most of their lives without these skills and can be very defensive; using any means necessary to avoid being discovered, such as ‘I wasn’t feeling well when I took the induction test for English and Maths’. This is when the Education Department steps in, or more importantly tutors who teach basic skills to this highly challenging group. Here at Lindholme there are a number of tutors who exercise patience and a great deal of understanding … encouraging and supporting such prisoners. Alongside these tutors are Peer Partners, Mentors and Toeby-Toe (these are prisoners). Their role is to support tutors in delivering lesson plans and offer one-to-one support to those who need it. This can be very stressful at times, but very rewarding when a prisoner passes his exams and moves onto some sort of vocational training, further education or be able to read letters from loved ones and of course write to them. So why do we, or more accurately why did I decide to help other prisoners? I can only respond on a personal level, for I do not want to be presumptive of others’ motivations. Having spent years in prison and seeing /experiencing first hand the difficulties prisoners face (especially in order to get things done) relies heavily on the written word. I took the opportunity when it was offered, having educated myself up to a Dip. HE level, to help my fellow prisoners with English and Maths, seeing this as giving something back. It is not often prisoners are formally given the opportunity to help others. Having said this, I found helping others not just extremely rewarding but just as important my role as a peer partner, something that is not formally recognised, was as a role model. What I mean by this is that a prisoner can come into the prison system with no formal qualifications and with dedication and self-discipline improve their chances of earning an honest living and contributing to society. Isn’t this what society wishes for … prisoners reforming?

Inside Time writes: Unfortunately, Sadiq failed to get continued support and now continues on an informal basis to help prisoners compose letters and interpret official correspondence, fill in application forms, complaints and anything else that a prisoner finds difficult, always encouraging them to learn how to read and write for themselves. Sadiq Aslam is a pseudonym for a prisoner currently resident at HMP Lindholme

hen my fertile keyboard is not engaged in producing articles for the pages of Inside Time which often upset Prison Governors, Diversity Managers, Rogue Listeners, Hippies or the Taliban, it’s either producing plays, my prison memoirs or creating works of fiction for the novel and short story markets.

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Those of you familiar with my work will know my writing is often humorous, controversial and to the point. You’ll also know that I’m not scared to stick my head above the parapet when needs be. My writing has brought me competition wins, various awards and a good few quid too; as well as the occasional nicking, adjudication and time down the block! Not to mention a ‘flight of rendition’ from Hull to Doncaster – the latter induced by the great ‘Porkergate’ scandal earlier in the year. I’m also one of the few prisoners to have published their own book (see below) whilst serving at Her Majesty’s pleasure, an achievement of which I’m immensely proud. My writing has been my saviour. It has kept me sane throughout my seven years of incarceration. Ask any con who has done a good stretch or two and who’s managed to keep it together and they’ll tell you to a man that in order to survive, above all else you must keep mentally strong. Writing gives me that mental strength and it could do the same for you too. Too many times over the years prisoners, especially the younger one, have asked me to appraise their pieces of written work, whether it be a poem, story or an opinion that they feel strongly about and too many times I’ve told them to send

them into Inside Time or, if the time is right, to the annual Koestler Awards to see how their work fares or if it is suitable for publication. Unfortunately not many do because they either lack the confidence to do so, fear rejection or simply daren’t due to the fear of showing themselves up reference problems with neatness, spelling, grammar or punctuation. Well fear not, because all stories, articles and poems submitted to Inside Time will be published purely on subject matter and originality. The editorial team will put right any spelling mistakes, punctuation or grammatical errors and, especially so in my case, edit out any bloody swearing! I remember seeing my first ever published piece which appeared in Inside Time back in 2006. Seeing my work in print for the first time gave me the buzz I’d been searching for since quitting the booze a few years earlier. My confidence grew as a consequence, not to mention my ego. These, coupled with my addictive personality, saw my writing achievements go from strength to strength. That first published piece was the catalyst which set me off onto greater things - the foundation on which I’ve developed what promises to be a very successful writing career. So come on, especially you young ‘uns, writing could help shape your futures too. Get your pens out and start scribbling. Better still, join an English class with the Education department, or, if you have issues with your writing, seek out a Toe by Toe mentor to give you one to one support. Then get writing and express your views, tales and opinions on paper; don’t just save them for around the pool table or in the exercise yard because Inside Time and its thousands of readers really do want to hear them too. Andy Thackwray is currently writing at HMP Doncaster Andy’s collection of short stories ‘The fruits from an innocent mind’ is available to purchase online at www.lulu.com or visit www.lulu.com/andythack wray and download the first ten pages free.

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The route to rehabilitation Former Conservative councillor Daniel Smy, sent to prison for fiddling his expenses, reflects on his experience and feels there is much to be gained by prisoners pursuing their hidden talents

Bound by a common desire

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HMP Risley, whose Education Department has a well established Higher Learning Class of twenty-five Open University students as well as other distance learners, recently celebrated another outstanding achievement of one of the group Oleg Saldugejs, a Chemistry student at the prison who had been nominated to receive an award from the Society of Chemical Industry (SCI). Oleg beat all other nominations from the OU in the North West and was amongst the top five achievers nationally on his course, S205, 'The Molecular World'. His is the first such award from the SCI to a prisoner.

Numerous prisoners are not so lucky, and I saw many who did not want to embrace rehabilitation as much as I did. I want to look at the reasons why rehabilitation of offenders is not working as well as it should and could be. The Oxford English dictionary defines rehabilitation as “to restore health or normal life by training and therapy after imprisonment”. Another definition is “the restoration of someone to a useful place in society”.

The presentation of his award (a cheque for £100 and membership of the Society), was attended by a number of leading industrial chemists in the North West as well as the OU Professor, John Baxter, responsible for advising on Science courses. Dr. Mike Pitts presented the award and paid tribute to Oleg's academic success, both in the marks he has consistently achieved and starting his degree in prison less than five years ago. This achievement was particularly remarkable, as Governor Bryan Hopwood had remarked earlier, because he entered prison as a non-English speaker with no formal qualifications and first had to gain Literacy and Numeracy qualifications.

Daniel Smy t’s all about changing the way we live! Did prison work for me? I believe the answer is yes, but I was lucky to go straight to an open prison where I was able to learn to sing again and re-ignite my self-esteem though activities such as the gym, music course, bible study and yoga. Herein lies the route to my rehabilitation. I was able to bring closure to my period of wrongdoing, look to the future with optimism, yet realise I still have a long way to go. I need to find a new career, as I will never work in politics or banking again, but I do find the opportunity of writing an exciting prospect.

These definitions help us to see that prison policy seems to have forgotten the core of what offender rehabilitation is all about. It’s about rebuilding skills and living a life free of crime. To help offenders realise life can be better by living on the law-abiding side of life. Despite the talk that rehabilitation is vital to reducing levels of crime, the majority of public opinion still see prisons as not intended to rehabilitate but solely to punish. When conditions in prison are improved, the popular press condemn them as “holiday camps”. Current government policies are increasing the prison population; putting further pressure on resources and causing the work of genuine rehabilitation to go on the back burner. The first thing we need to address; are we really serious about helping offenders stop committing crime? If the answer is yes, then

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A performer at the opening of the Koestler Awards 2009 at the Royal Festival Hall, London penal policy has to fundamentally change the way prisoners are treated when inside and more importantly when they get out. The solutions to these problems will not sit easy with the likes of the Daily Mail readership!

My experience shows that more work needs to be done in getting as many prisoners as possible to find their self esteem, their hidden strengths, and work and encourage them. And above all, never give up on them.

For me, what kept me going in prison was my music course every Thursday. I re-learnt how to read music, had singing lessons and started performing again, performing my first solo in the chapel at Leyhill. I joined the prison band and performed to a packed crowd of fellow inmates. The inspiration that the music course had on me was great. I felt I had come alive again, I was doing something I enjoyed, and for a while I forgot about all my woes and felt a real person again. I learnt and recorded a version of J S Bach’s Ave Maria and sung Ralph McTell’s version of the Streets of London where we raised over £300 that night from fellow inmates for the local children’s hospice.

The story of Simone Locker, imprisoned for attempted armed robbery and how she set about changing her life, is truly inspiring. She sung to fellow inmates at Karaoke sessions and one day she was heard by a visitor in her prison called Terry Armstrong. He was so impressed with her singing he came back the next week and signed her up with a music contract and now she is a professional singer. Terry had been going into prisons to promote the performing arts and found Simone. She found her talent and her self esteem and cynics need to recognise ex cons can and do make good!

There was a true buzz about the prison. I felt the warmth of my fellow prisoners who came to support, and that night was as good as any I had enjoyed on the outside. I re-found my self-esteem and hope was restored. I also felt the buzz of my fellow band mates.

Music plays a vital part in prison life as I found with the blasting music all down my landing when I was inside, but I knew it meant a lot to many of my fellow prisoners. Also many love their football and sport; lots play pool and snooker in the association area. Just like in schools, I believe we need to take into prisons our music and sporting heroes, get them talking and motivating them to see a better way of life than committing crime. The high captains of business and industry, maybe even Lord Sugar, could be encouraged to go into prisons and tap into the wonderful ideas many inmates have, yet don’t have the experience, skills and self-esteem to harness. If we can send into our prisons this wealth of British success, they can help to motivate and challenge inmates to focus on their strengths. Let’s stop dwelling too much on the negative. If we can have the courage to embrace this positively with a more sensible approach then more people will come out of prison truly rehabilitated ready to embrace a new life. Then comes the second hard part, keeping up the optimism and enthusiasm when we get out … perhaps an ideal area for me to cover in my next piece!

Student Oleg Saldugejs (left) with Alan Edwards, a Higher Learning teacher at HMP Risley A number of visitors from the Open University Offender Learning Unit in Milton Keynes and staff from the OU regional office in Manchester also attended, to celebrate the achievements of the twenty-five OU students registered in the prison, many of whom are approaching completion of their degrees. Oleg was supported on the day by eighteen of his fellow learners who were able to attend the presentation. The audience of visitors, prison teaching staff and learners all enjoyed the opportunity of socialising and sampling the buffet, prepared specially for the occasion, by the Higher Learning students. His intention after release is to do a PH.D - an ambition supported by those who paid tribute to him. Oleg had commented in his own speech on the diversity of background, age and nationality of those gathered for the event, but bound by a common desire to learn and improve themselves and his belief that education has the power to unite people for wellintentioned ends.

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Wasted opportunity An extract from a letter written to the Prisoners’ Education Trust by an ex-prisoner, Robert, who had been motivated to help others with learning n my first full day at Pentonville, I was taken for literacy and numeracy tests. A lady asked whether English was my first language, which was certainly not the case for many. Having done the tests, the same lady called me over to give me the results. I am a chartered accountant and, thankfully, had got all the answers right!

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using an office in the IT workshop area and I asked her about my application. She did not have my name on the list of people who were interested in doing peer support, but she explained about the course to enable one to do it. I think I may have been able to bypass this, but by then I’d heard I had been granted Cat D status and I did not know where I might go, so I did not press it.

She asked me about my background and then asked if I would be prepared to help with the education of other prisoners. I readily said yes. I was already helping in an informal way; my cell-mate was due to take a maths exam, which I helped him with. He taught me blackjack and beat me every time!

It was also pointed out to me that one could only have one job, and education or a course counted as a job. This meant I could not be on the IT course and provide educational support, even though the former was on four afternoons a week, which left the mornings free.

A few days later, another lady appeared at my cell and asked me to go to a meeting the following Thursday, but on the Wednesday I was moved to Highpoint. On the second day at Highpoint I had to do the same literacy and numeracy tests, so nothing as simple as putting the information on file! The next week, I saw an IAG adviser, who wanted to know what employment or courses I would like to do. She recorded that my first priority was ‘to help others in education’. I gathered that in order to be involved in education as a peer supporter you had to go on a 12 week course, but I heard nothing further. After about three weeks, a prison officer rang the education department on my behalf to follow up; still nothing. One day, I heard someone say he was going to a book-keeping class so I asked the same PO to feed in that I felt I could contribute to that. In the meantime, I began an IT course. My cellmate in Highpoint wanted to open a hairdressing salon. I was going to help him with his business plan, but we were split up before we got into it. I saw him occasionally and he was doing a business studies course; I told him I was trying to get involved in book-keeping and he said they could do with the help. Some time later, a lady from education was

I followed the verbal offer to help with bookkeeping with a written ‘application’ and after five weeks got a reply asking me to speak to a lady, which I did. By then I knew I was going quite soon to Brixton prior to my Court of Appeal hearing so did not think it made sense to embark on anything new. When I started at Highpoint I had also said that I would like to be a ‘Toe by Toe’ mentor. After two and a half months the lady who runs it came to see me to say I had been approved (I don’t know what that involves); however, to provide help, there needs, obviously, to be a volunteer learner. None was forthcoming and I got the impression that it was the same for other ‘instructors’ on my wing. The average age on the wing was quite a lot higher than on other wings and it may be that there were proportionately fewer non-readers. So all my various efforts to become involved in providing teaching assistance came to nothing and it does seem rather surprising that more effort was not made to take up the offers of a volunteer, even allowing for any need to ‘vet’ me. I did ask two prisoners who were providing peer support in education how they found it. They both found it satisfying. I must stress that all the staff involved were extremely pleasant and helpful. Maybe I just had an unlucky experience? I did have the opportunity to provide ‘ad hoc’ help to individuals, but it was disappointing not to have been able to contribute more.

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Net loss Prisons and prisoners need to be involved in the government's work on digital inclusion, argues Francesca Cooney, Advice and Information Manager for the Prison Reform Trust

PRISON REFORM TRUST he government has just launched their action plan ‘Delivering Digital Inclusion’. This sets out their strategy to ensure that the benefits of digital technology (including email and internet) are spread equally to all groups and communities.

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The report explains that there are considerable opportunities to extend IT services in prison. It talks about how these can assist in reducing re-offending and gives two examples of possible projects. One is serious gaming technologies. These are games that help the player apply skills or knowledge to the real world. They might give the player(s) a situation to work through, applying their decision making ability. They are designed to be engaging as well as educational and could be used to prepare people for release. Another suggestion is using online, email and text messaging for remote cognitive behaviour therapy for addictions. We know that there are many links between financial, social and digital exclusion. In addition, there are very few jobs these days that don’t require some level of information technology knowledge. Denying people in prison access to the training and resources needed to develop these skills will prevent some people from fully integrating into society on their release. At the moment there are a few projects where prisoners have regulated access to some internet sites and can work on their technology skills. There are Learndirect centres in 20 prisons, where students use interactive learning to brush up on computing English maths or business skills. The Polaris Project gives prisoners in 8 prisons the chance to use a secure IT

network to access on-line learning and job-hunting resources using internet technology. The Prisons ICT Academy (PICTA) trains people in computing and networking skills in 26 (including 3 high security) prisons. These projects are encouraging but we need more. They should be developed so that other prisons can take them on and more prisoners will benefit from these opportunities. Norway has a high security prison where people have access to the internet from their cell computers. The government’s stated aim in the action plan is to increase prisoners access to internet based services that can reduce the risk of re-offending, while working with security limitations. Prison Reform Trust would like the prison service to look at how technology can support people in prison and their families as well as reducing reoffending. Many people in the community receive information, advice and support through their access to the internet. Prisoners often have difficulties that cannot be resolved without access to information and agencies outside prison. Access to key websites for support would enable people to begin to resolve some of these difficulties themselves, rather than depending on officers to find out information for them or waiting for outside organisations to visit the prison. Security reasons are frequently cited by prison staff for not allowing prisoners greater (or indeed any) web access. There are numerous ways of monitoring what sites prisoners can look at and network software can ensure people only access approved sites. Emails can also be blocked quickly and easily if unauthorised. We would like to see prisoners issued with a controlled email account for family and resettlement purposes. This would need to be subject to checks from the prison in the same way that letters are; but surely reading typed emails would be quicker and easier than reading handwriting. The postal strike made it very hard for some people in prison to stay in contact with their families, lawyers and other organisations (like us at the Prison Reform Trust). Managed email access would remove these difficulties. It is possible to introduce access to the internet safely. In Norway, there is a high security prison where people have access to the internet from their in-cell computers. That is real digital inclusion! If you are interested in seeing the consultation, or replying to it, you can contact the Digital Inclusion Consultation Team Department for Communities and Local Government, E3/G10 Eland House, Bressenden Place, London SW1E 5DU. You can contact the Prison Reform Trust at Freepost ND6125 London EC1B 1PN or on 0808 802 0060, Mondays 3.30-7.30 and Tuesdays and Thursdays 3.30-5.30.

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Prisoners supporting prisoners Cos Michael offers an insight into the importance of prisoner mentors ‘When I go back to my cell I reflect on my day’s work as a learning mentor and I feel really happy within myself because I know other prisoners are back in their cells and nine out of ten are happy with their day’s work, which means I have been successful within my work. That makes me feel happy’. Robert - prisoner and mentor, Swinfen Hall Feedback and letters from prisoners involved in distance learning often mention the support they give to others; those who help mentor others with schemes such as Toe by Toe are often involved as Listeners, wing reps, buddies, etc. So what are the benefits of such positive behaviour to the general prison population and to the discipline and culture of the institutions? In October 2008, Inside Time and Prisoners Education Trust put a survey in Inside Time to find out about prisoners experience of learning. Some of the questions covered mentoring and support and the results were published in a report: “Brain Cells; Listening to Prisoner Learners”. “Brain Cells” has been reviewed and commented on in previous issues of Inside Time. We send it to policy makers and others, to show that prisoners can be helpful and supportive inside. It is a mistake to overlook the humanity and altruism that can be found in the prison community. Supporting prisoners to help themselves and each other is an effective way to change behaviour and attitudes. Approximately 40% of respondents to the Brain Cells survey said they had been involved in volunteer roles or prison jobs related to education and learning, such as classroom

assistants, learning mentors, reading champions etc. More were involved in unpaid roles than paid, with some respondents involved in more than one role. Amongst the other roles mentioned were Listeners, buddies and helping fellow prisoners with letter writing and translation.

‘One of the best things since I’ve been here has been to recruit learning & skills reps on each wing. It’s a good idea, using prisoners to teach other prisoners is really useful. When it actually works, you can see the difference’. Prison Officer We looked at our own peer mentoring for learning and support courses, presently running in the South East and central England. The Prisoners Education Trust began these courses as a result of feedback from prisoners undertaking distance learning. Distance learners often feel isolated, with limited access to tutors and no-one to bounce ideas off, unless someone else is taking the same course in the same prison. It takes motivation and commitment to take on a distance learning course, but with peer learning mentors, learning can be enhanced and mentors can gain the satisfaction of knowing they are passing on the benefits of their own experience. The programme recruits prisoners for training who have themselves been successful learners or who are showing a genuine interest in education. Participants work towards a NOCN level 2 award if they complete the peer mentoring course, and the course can be linked to the OCN progression pathways. So peer mentoring training is delivered to recognised standards as well as giving mentors the chance to get a qualification that they

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can use after release. 86 men and women took part in the training.

‘I will take away a lot of new skills, especially better communication’. Peer mentor - HMP Swaleside When we reviewed the first full year of training peer learning mentors in the South East, we discovered that:  Prisons need learning mentors for distance learners. Only 44% of prisoners taking distance learning courses without peer support felt confident of success. With peer mentoring the confidence rate rose to 87% of learners.  Offering a peer mentoring qualification made a difference. 100% of the prisoners taking part in the training felt confident and very confident to work as mentors after the course compared to 89% before the course.

Reaching for the Summit Continued from front page The Internet changes constantly and training material goes out of date almost as soon as it is in print, so a core of knowledgeable individuals who mentor others and update training material is a vital part of Summit’s working practice. This keeps its training dynamic, personal, interesting and leading edge. Unlike classroom work where there are set exercises and the target is a certificate of dubious value at the end of the course, Summit’s exercises are the detail of genuine commercial accounts and the targets are the skills needed to run these accounts and fulfil significant roles in the functioning of an online business. Mentoring in Summit ranges from one to one partner work, step by step building an individual’s knowledge of their job, or talking a group through a subject in which you specialise. It really stretches your skills as a trainer and you are always in demand. Nobody in Summit stops learning, with the need for specialisation cross training a must - even when you have mastered the skills you need for the job in hand it can be just a gateway to even more.

If distance learning mentors can be so effective; what about other forms of support?

The men who join Summit are passionate about what they are doing and keen to learn. Three evenings a week they come in during association to spend time on the mechanics of building a website or other IT skills. Lance Busby, an Affiliate Account Manager who has been with Summit for 15 months and is currently studying for his Google Advertising Professional exam said: “I feel as though I am really progressing with this and learning new skills that wouldn’t be possible without Summit Media“.

If you are in prison, you know that help and support from each other can ease tension, provide for the less able and even improve the running of the prison. So from our point of view, this section is a celebration of the positive.

At Summit, your training really makes a difference, with lower re-offending rates among their former employees and a number of success stories, including business start-ups and people who have made the jump from inside to outside employment with Summit and other Agencies.

 Prisoners love to mentor. The enthusiasm and motivation of the men and the women who took part in the training course was phenomenal. The level of dedication of prisoners working as mentors for Toe by Toe or as Listeners or classroom assistants, just to name a few activities, is tremendous.

Cos Michael is Learning Matters Project Manager at the Prisoners Education Trust

PROBLEMS WITH THE PRISON? YOU NEED

James Dewes is a Category D inmate and Pay Per Click Campaigns Manager at Summit Media

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insideeducation

41

How I became a Listener

Learning together as a team M Michael Spake emphisises the need for

Former prisoner Akiel Chinelo maintains that when empathy is in short supply, a listening ear can be priceless

peer support in prison Helping each other to improve on their own learning performance is a good thing and can have lots of positive knock-on effects. Being a helper in the classroom gives me a sense of purpose, knowing and understanding that I can help other students who have little or no education to achieve some of their academic targets. Once upon a time I was in the same boat as them and could not ask for help off other inmates because it was embarrassing asking for help. It is very essential that there are other prisoners who will assist inmates with their education, for a number of reasons. Unfortunately, through experience I have noticed in the classroom that nearly everyone is at different stages of learning. This can sometimes be difficult for the tutor because they may have to spend a bit more time with one student than with another. Due to this, someone with little education, maybe no Social and Life Skills and even mental health problems may form an opinion which may be way off what is really happening and may lose interest in what they are doing. I really think it is essential that there are classroom assistants / helpers in the class who can give the help that another student may need or want. It does not matter who you are, what you are or where you are, you are needed and wanted and whatever help you can give will be very much appreciated by more people than you know. Just because I help other students doesn’t mean to say that I am well educated. Those of you that have achieved Level 1 in literacy or numeracy can give assistance or help to those that have not yet achieved it! Whatever little help you give to one another, it is still help. There always is and always will be other students who need help. If you see someone in your classroom who is working up to a stage that you have already achieved, ask them if they would like any help. You may not realise it, but by helping someone you can also work as part of a team, which in turn means you will be learning skills yourself. As a learner yourself, your confidence will grow and the next stage of what you are trying to achieve

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will be less daunting. I can’t stress enough how important it is for everyone to help each other; the more everyone helps everybody, the better it is for all of us. Think of a stream, what happens to it? Can you see what I sea? There are lots of positive knock-on effects by helping someone. Not only will you be helping others to improve their own learning and performance, you could also be building their confidence, self-esteem and self-worth. You could be improving their job prospects on release so that they can have a better quality of life. If their children go to them and ask for help with their homework, they will then be in a better position to do it with them. This assistance, help, mentoring or whatever you wish to call it is not restricted just to the classroom. There are people who want to progress educationally and do not have access to the education block for different reasons, usually because they are on the waiting list. They may be working on Flexilearning units and might only have access to a tutor once a week. They may be stuck and need help. There are also peers who cannot read and write, and may need help with reading and writing their letters. How many times have we heard the saying, “if you could do it all over again, would you?” The retirement age is rising because we are now living longer. We do have the chance to do it all again, but this way, the right way and with an education it will be easier, more prosperous and happier. And because we are better educated, we will be able to make better choices because there will be more to choose from and therefore a better quality of life for us and those around us. Realistically we need a few prisons that are purely for educational purposes, something similar to a boarding school within a prison. However, it is not going to happen so we have to depend on our tutors and whatever help we can give each other. Michael Spake is a pseudonym for a prisoner currently resident at HMP Manchester

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yself, two Italians and an Asian Dutchman were allocated from HMP Strangeways to HMP Parkhurst on a dreary dark winter evening in 1999. That morning, during the tedious time spent waiting in the holding cells to set off in the prison bus, we acquainted ourselves via the use of sign language and the limited prison slang they had picked up. We later endured a horrendous 9-hour trip in a ‘sweatbox’, sharing the same complaints and curses, and though not in the same language, they all amounted to the same thing, ‘get me the f**k out!’

to form strong and defined personalities of their own. They had whispering voices, sarcastic voices, wailing voices, demanding voices and scolding voices. I began to hear them speak first individually and then all at the same time, slowly building up into a crescendo. This psychotic self-induced torment was terrifying to say the least and at the time my understanding registered that several demons were out to attack me. In short, I was standing at the edge of my wits on the verge of spiraling into madness.

Arriving at Parkhurst we landed on ‘A’ wing, the introductory wing. The regime dictated that we share in twos. I got ‘doubled-up’ with ‘Dutchie’ and the Italians, being co- defendants, naturally opted to stick together. The judge fed each of us very heavy sentences, however we swallowed our fate and digested it in our own individual ways.

For the first couple of weeks we were on 23 hour lock-up with one hour out of the cell to either walk or jog around the exercise yard, or to take ‘association’ where you could make a phone call, have a shower, play pool and generally associate with people other than the person you were sharing with. Throughout the weeks spent with Dutchie, he never came out of his depression, despite my attempts to lift his spirits.

‘Papa’, the elder of the Italians, was cool and collected, whereas the youthful ‘Constantino’ burned his anger flame outwardly. They were doubled-up in the very next cell to us and from time to time you could hear the sound of a fist exploding against a table, an object flying, or a hysterical worn-out voice screaming and cursing until eventually tiring itself into complete silence. It was always Constantino!

Existing in a grotty cell wasn’t easy and for a while we had no radio and no books; just a draughts set to play with or the odd dated newspaper to read. If Dutchie’s vocabulary was improving, it wasn’t for the best. “I going to kill myself”, he began to chant repeatedly. One night, I woke up to find him standing on a chair and tying a noose around his neck with a bed-sheet. Fortunately I managed to talk him out of ‘doing the deed’.

Dutchie wore a permanent look of doom and was existing in a state of shock, unable to mumble little more than, “I innocent, bastards” or “this sentence too long”. I guess that I appeared to be calm outwardly, though violent tremors from an earthquake were shaking my inner world. My thoughts focused primarily on my near and dear ones as opposed to the 11-year sentence ahead of me. An overwhelming sense of guilt grew at a fast rate in my conscience and weighed me down. I was guilty of my crime, yet sold innocence to both family and friends. Good character references, supportive words with hugs and tears, were all sacrificed for my expense, but my so-called sincerity wasn’t worth a damn thing. Borne out of this guilt came an array of conflicting thoughts … ‘Why the hell did I do what I did?’ ‘Should I tell everyone I’m guilty?’ ‘Look in the mirror Akiel and you’ll see a jackass looking back at you’. ‘How can I possibly tell everyone and let them down?’ ‘Momzo, the kids, oh no the kids’. These thoughts, or aspects of self, horribly developed

Needless to say, prison is a harsh environment that rarely lends sympathy or empathy. When word got round that Dutchie was on ‘suicide watch’ the Italians, like others on the wing, considered him to be a weak crazy fool who ‘couldn’t do his bird’. It was every man for himself, and that winter every man walked around the cold exercise yard, hands in pockets, blowing fog smoke with precious ‘burn’ smoke, singing the self preservation song called ‘me, myself and I’. Somehow, despite the weight of my own problems, I managed to salvage enough strength to assist Dutchie in pulling through, which he did. He also got massive support from the Listener Scheme. Going to the edge taught me the valuable lesson that this is the point where our boundaries can be extended. But not everyone can cope with this journey alone and they don’t have to. This was a contributing catalyst that led to me joining the Samaritans Prisoner Listeners Scheme.

42

Insidetime November 2009 www.insidetime.org

News from the House

Human Trafficking

Prison Accommodation

Mr. Christopher Chope (Christchurch) (Con): Does the Solicitor-General accept that there is still a significant problem? In fact, human trafficking for sexual exploitation is increasing, and people are fearful that it will increase substantially in advance of the Olympic games. What are the Government going to do to reduce it? The Solicitor-General: We are very much apprised of the hazard that an increase in trafficking will be connected with the Olympic games. Indeed, the hon. Gentleman will have seen that there is a similar apprehension about South Africa and the World cup. We have a concerted action plan, we have ratified the convention and we are totally compliant with all our international requirements, so we are engaged on a mission to try to reduce trafficking however and wherever it is found. Since I answer in relation to the Crown Prosecution Service, I can indicate that the prosecution level has gone up considerably: in 2006-07, 40 people were prosecuted in connection with sexual exploitation; in 200708, 87 were prosecuted; and in 2008-09, 114 were prosecuted. Clearly, we are using the courts as a deterrent as well. Jim Cousins: To ask the Secretary of State for Justice what services will be available for trafficked women under the POPPY project in the City of Newcastle upon Tyne in (a) 2009-10 and (b) 2010-11. Claire Ward: The Council of Europe Convention on Trafficking which the Government ratified in December last year commits the UK to provision of sheltered accommodation for all those trafficked women who need it. The Government have consequently invested £4million into specialist support services for victims of human trafficking over the next two years. This includes an investment of £3.7 million into the Poppy project to expand and improve the services that are available to victims that have been trafficked into the sex-industry and domestic servitude. The additional investment will see an expansion of supported accommodation, with refuge places for victims of trafficking for sexual exploitation and domestic servitude in London, Sheffield and Cardiff. The investment will

We’re revolting The cheques in the post

I’m a leg man myself

“We MPs are in the position of workers at a threatened factory; if we resist there are thousands of thrusting youths, clever pillocks and ambitious idiots ready to replace us.” Austin Mitchell MP

News from the House also fund a new national co-ordinator who will help set best practice standards and work with areas to raise awareness with local agencies and funding commissioners. There will also be an increase in advocacy workers to help provide one-to-one tailored support and the community outreach team will also be extended with two link workers based within the UK Human Trafficking Centre to work in partnership with the police, UK Border Agency and other partners to help with victim identification and onward referral into support. Additionally, £300,000 is being invested into the UK Human Trafficking Centre to develop flexible support services for victims of labour trafficking. Trafficked women in the City of Newcastle upon Tyne can therefore access the full range of support provided by the Poppy project; including tailored support from the community outreach team and if needed, be relocated to supported accommodation in the identified locations, safety permitting.

Prisoners: Location Chris Huhne: To ask the Secretary of State for Justice how many prisoners were held in prisons more than 50 miles from normal place of residence at the latest date for which figures are available.

Simon Hughes: To ask the Secretary of State for Justice how many prison cells have been built in England and Wales in each year since 1997; and at what cost in each such year. Mr. Straw: We do not record capacity provision by the number of cells built (which can be single or double cells) but rather by prison places. The following table shows the number of new prison places built since 1997 and the average capital building cost per place, including ancillary costs. No. of places (1)

Average capital building cost per place (2)

4,716 1,222 1,646 640 920 1,780 1,376 2,570 940 180 2,111 1,882

60,000 67,000 65,000 61,000 79,000 57,000 77,000 100,000 119,000 150,000 152,000 142,000

1997-98 1998-99 1999-2000 2000-01 2001-02 2002-03 2003-04 2004-05 2005-06 2006-07 2007-08 2008-09

(1) The number of new places does not take into account any places provided through crowding, or any places that have been taken out of use. (2) The costs shown only cover the capital building costs of each new place. No adjustment has been made for inflation.

Sentencing Maria Eagle: As of 8 May 2009, there were 32,126 prisoners held in prisons more than 50 miles from their home area. This figure includes male and female prisoners, those sentenced and on remand and adults, young offenders and juveniles. All prisoners are asked for details of their home address on first reception to prison and on discharge from prison. Approximately 60 per cent. of prisoners are shown to have given a recognised address. If no address is given, various proxies are used to determine distance from home, including next-of-kin address and committal court address.

Derek Wyatt: To ask the Secretary of State for Justice (1) how many of those people who received indeterminate public protection sentences and who have passed their tariff date have been released; (2) how many indeterminate public protection sentences have been handed down in each year since they were introduced. Maria Eagle: Prisoners serving an indeterminate sentence for public protection can only be considered for release once they have completed the minimum period imposed by the court for punishment and deterrence (the tariff). There is nothing automatic about release once the tariff has expired; an offender serving a sentence of imprisonment for public

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News from the House

Insidetime November 2009 www.insidetime.org protection will be released only when the independent Parole Board determines that the risk of harm which he presents may be safely managed in the community. The number of prisoners serving indeterminate sentences for public protection who had passed tariff and were released on licence in each year since 2005 is as follows: Year of release 2006 2007 2008 2009

Number released 0 12 33 31

The number of offenders received into prison establishments on indeterminate sentences of imprisonment for public protection since 2005 is as follows: Year of sentence 2005 2006 2007 2008

Number sentenced 420 1,570 1,747 1,315

Prisoners: Mobile Phones Mr. Gordon Prentice: To ask the Secretary of State for Justice pursuant to the answer of 12 October 2009, Official Report, columns 139-40W, on prisoners: mobile telephones, how many people have been convicted for taking an unauthorised mobile telephone or component part into a prison. Maria Eagle: Under the Offender Management Act 2007 it is an offence with a penalty of up to two years' imprisonment or an unlimited fine to bring a mobile phone or component part into a prison. We know that from April 2008 to September 2009, there have been 142 arrests and 36 people charged with offences under the Offender Management Act 2007, which includes taking mobile phones or components into prison. To provide the full information requested, it would be necessary to contact all prisons and young offender institutions, ask them to check their local records and to submit this information to headquarters. This could be carried out only at disproportionate cost. From April 2009, convictions under the Act have been included in the Home Office Counting Rules and will be published in next

year's Annual Crime Statistics Bulletin (July 2010), providing a more accurate picture.

outcomes is unacceptable. I issued a public statement reflecting Mr Wheatley’s message, and wrote to inform my Opposition counterparts of these investigations.

Prisoners: Death Chris Huhne: To ask the Secretary of State for Justice how many people died in prison of drug-related causes in each year since 1997. Maria Eagle: The prison system for classifying deaths does not include a specific category for drug related deaths, which is a drug related death where the underlying cause is poisoning, drug abuse or dependence and any of the substances controlled under the Misuse of Drug Act (1971) are involved. However, information is recorded on deaths where an overdose of any drug played a part. The table shows the numbers of non-natural deaths associated with a drugs overdose.

Non-natural drug related deaths in prison custody

1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008

Nonnatural 1 1 2 -

Selfinflicted 2 4 2 3 3 3 5 1 3 3

Total 0 0 2 4 2 4 3 3 6 3 3 3

Note: The deaths reported in this table have been extracted from the total deaths in prison in the period in question. While every effort is made to maintain a high level of accuracy, these figures may change as subsequent information arises, such as verdicts. They should not be read or taken as absolute figures. The drug related self-inflicted deaths refer to cases where an overdose of any drug resulted in death. Three of the four other non-natural deaths refer to situations where any drug may have contributed to the death but not in fatal amounts. The other case relates to a fatal attempt to smuggle drugs into prison.

43

Temporary Transfer of Prisoners Prior to Inspection A Statement on 20th October 2009 The Secretary of State for Justice and Lord Chancellor (Mr. Jack Straw): Her Majesty’s Chief Inspector of Prisons, Dame Anne Owers, has today published two inspection reports concerning HMP Pentonville and HMP Wandsworth. The inspections took place in May and June this year. A short time after the Wandsworth inspection, letters were sent to the Inspectorate and HMP Wandsworth on behalf of two prisoners, which indicated that prisoners had been temporarily moved out of the prison for the duration of the inspection. The implication of these letters was that the transfers were an attempt to manipulate the inspections to secure a more favourable outcome. The Chief Inspector sent a team of inspectors back to Wandsworth to examine the claims. That team also investigated the involvement of HMP Pentonville, which was said to have received prisoners temporarily from Wandsworth and to have transferred prisoners to Wandsworth for the duration of its own inspection. Ministers and senior management of the National Offender Management Service (NOMS) first learnt of these allegations on 30 July when the chief inspector’s team was undertaking further inquiries into Wandsworth and Pentonville. The director general of NOMS, Phil Wheatley, immediately launched a formal investigation and wrote to all governors to reiterate that the temporary transfer of prisoners to manipulate inspection

NOMS senior management received the completed investigation report on 2 October. The investigation found that 11 prisoners were subject to temporary transfers. Six were moved from Pentonville to Wandsworth immediately prior to the Pentonville inspection (11-15 May), and five from Wandsworth to Pentonville immediately prior to the Wandsworth inspection (1-5 June). Several were known to be vulnerable prisoners, and two prisoners self-harmed during this process. The investigation found that the 11 transfers had been arranged as deliberate attempts to manipulate the outcomes of the inspections. As a result, on 13 October disciplinary charges under the Prison Service Code of Conduct were laid against a number of individuals. Disciplinary proceedings are currently underway. During the course of the investigations, information emerged to suggest a similar incident may have occurred in HMP Brixton. A further investigation is underway and we are awaiting a formal report. The Prisons and Probation Ombudsman and Her Majesty’s Coroner are currently conducting separate investigations into the self-inflicted death of another prisoner transferred to Pentonville, following a court appearance, in the week before the inspection, and held there during the inspection before being returned to Wandsworth. I have now asked Her Majesty’s Chief Inspector of Prisons to work with the Ministry of Justice Director of Analytical Services to investigate whether the temporary transfer of prisoners prior to inspection is more widespread across the estate. The chief inspector’s reports have highlighted practices in two prisons which are quite clearly reprehensible and neither justifiable nor excusable. I will of course keep the House informed of further developments.

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Legal Comment

44

Insidetime November 2009 www.insidetime.org

Examining the flaws The Annual Conference of the Association of Prison Lawyers was held recently at Doughty Street Chambers in London where Judges, psychologists and Ministry of Justice staff faced a day fielding critical questions posed by prisoners and by practitioners. Andrew Sperling reports

Andrew Sperling t this groundbreaking event, chaired by prison law solicitor Michael Purdon, an audience of prison lawyers and Parole Board members engaged in a frank, and at times feisty, exchange of views on what is wrong with the prison and parole system in this country.

A

Sir David Latham, the chairman of the Parole Board, in response to a question submitted by a prisoner, acknowledged that the backlog of Parole Board hearings and the lengthy delays that have built up is a scandal. Sir David, who has been in post as head of the Parole Board for around six months, inherited a situation where there were not the resources to deal with an explosion of cases demanding an oral hearing, including a mountain of IPP applications competing for judge time with life sentence cases. Sir David outlined some of his strategies to beat this problem. He is recruiting more judges to the Parole Board and “no hope” cases will be dealt with on paper without an oral hearing. However, the scale of the problem is such that Sir Neil Butterfield, vice chairman of the Parole Board and a High Court judge, warned that the scandalous situation will continue for some time. There was an informative exchange of views on why the Parole Board and the Secretary of State place more reliance on prison psychology reports over independent psychology reports. Sir Neil Butterfield, who sits regularly on lifer panels, confirmed

that in his experience parole panels do place more reliance on prison psychology reports although panels do not always accept recommendations from prison psychologists. Some thought that this situation arises because of the unrealistic recommendations in some independent reports and the aversion to risk that infects the criminal justice system.

Some speakers thought that supervision of trainee psychologists was very poor in some cases and that the quality of reports by trainees was not good enough

The panel were asked why risk assessment was so often carried out by a trainee rather than a fully qualified chartered psychologist. Ruth Mann from NOMS said there was a national shortage of chartered psychologists but pointed out that trainees ranged from the very new to those who had been training for several years. Some speakers thought that supervision of trainee psychologists was very poor in some cases and that the quality of reports by trainees was not good enough. Don Grubin, a Consultant Forensic Psychiatrist, who is conducting a trial of polygraph testing of sex offenders on parole,

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described polygraphs as tremendously useful in enabling a better understanding of risk but thought that they needed to be seen as part of a package. Other speakers expressed concern about polygraphs falling into the wrong hands and failing to incorporate necessary protections. The role of probation hostels was debated. Russell A’Court, Head of the Public Protection Casework Unit, explained that probation hostels were not intended to be long term solutions but provided a means of progressing to independent living and served that purpose very well. Phillippa Kaufmann, a barrister from Doughty Street Chambers, noted that for most lifers, probation hostels were now the only way out. Solicitor Simon Creighton pointed out that many prisoners saw probation hostels as toxic places and exactly the type of atmosphere that they do not want to be in. Many speakers expressed concerns over offending behaviour programmes and whether they work to reduce risk. Jackie Craissati, a psychologist from the Bracton Centre, expressed concern about the zero tolerance approach to failure which leads to the catastrophic consequences of a mistake in open conditions but has no regard for the fact that people do learn from mistakes and lapses. It was thought that it is a problem that people are not looking for alternative ways to offending behaviour programmes of reducing risk. Robert Forde, an independent forensic psychologist, said that the quality of research into this problem was very poor and making release contingent on doing programmes to reduce risk when there was no evidence of the effectiveness of those programmes was indefensible. The Association of Prison Lawyers will be running further events during 2010.

Disorder in the American Courts Things people actually said in court, word for word, taken down and now published by court reporters who had difficulty keeping a straight face while these exchanges were actually taking place. Attorney: What gear were you in at the moment of the impact? Witness: Gucci sweats and Reeboks. Attorney: Are you sexually active? Witness: No, I just lie there. Attorney: This myasthenia gravis, does it affect your memory at all? Witness: Yes. Attorney: And in what ways does it affect your memory? Witness: I forget. Attorney: You forget? Can you give us an example of something you forgot? Attorney: Now doctor, isn't it true that when a person dies in his sleep, he doesn't know about it until the next morning? Witness: Did you actually pass the bar exam? Attorney: The youngest son, the twentyyear-old, how old is he? Witness: He's twenty, much like your IQ. Attorney: Were you present when your picture was taken? Witness: Are you kidding me? Attorney: So the date of conception (of the baby) was August 8th? Witness: Yes. Attorney: And what were you doing at that time? Witness: Getting laid Attorney: Can you describe the individual? Witness: He was about medium height and had a beard. Attorney: Was this a male or a female? Witness: Unless the circus was in town, I'm going with male. Attorney: ALL your responses MUST be oral, OK? What school did you go to? Witness: Oral.

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Legal Comment

Insidetime November 2009 www.insidetime.org

Exercising choice

Then the client can ask much the same questions of the barrister as Mr Marks suggests should be asked of a Solicitor/ Solicitor Advocate.

Julian Young, an experienced Solicitor Advocate, responds to the article by Richard Marks QC featured in the September issue of Inside Time on questions needing to be asked before choosing a solicitor to take a Crown Court case instead of instructing a barrister

The case is always vital to the client and the right result is important. A client should not be shy of asking all of the above questions to a barrister and should remember that he or she can choose a Solicitor/Solicitor Advocate if the client feels that would be best. At the end of the day the client has to make a very important decision. It does not help any client, especially one in or facing custody, to see

Richard Marks QC writes: Contrary to what Julian Young suggests, the purpose of my article was not to promote the interests of barristers, but rather to promote the interests of prisoners. In claiming that my article was insulting and patronising towards solicitors, Julian Young has, with respect, failed to grasp the point that I was trying to make.

by Solicitor Advocate Julian Young have read the article in your September issue by Richard Marks QC, the leader of the Northern Circuit of the Bar with astonishment. It was insulting and patronising towards Solicitors and especially Solicitor Advocates and I looked, in vain, for an endorsement to the effect, "This article is an advertisement on behalf of the Bar". I feel that the article is so one-sided that, in the interests of encouraging debate, I would like to put the side of Solicitors and Solicitor Advocates.

I

Since 1994, Solicitors have been given extended Rights of Audience in the Higher Courts. A number of Solicitors, myself included, have decided to apply for and exercise those rights. To look back at the past, when Barristers had an effective monopoly of advocacy in criminal cases in Crown Courts and Court of Appeal is an example of lack of forward vision and if that article is the view of the Bar then they are sticking their collective heads in the sand. It is very simple, Solicitor Advocates are here to stay and as time is passing they are gaining more and more experience of complex as well as straightforward cases in the Higher Courts. Mr Marks rolls out the 'old' chestnut of Solicitor Advocates taking up Crown Court cases simply due to reductions in rates of pay. That is a fallacy alluded to by the Judiciary recently and may have a slight element of truth to it, but it is nowhere near the whole picture. One might just as usefully point out the number of cases committed to the Crown Court when Counsel appears in the Magistrate’s Court and advises a not guilty plea and election to the Crown Court, and when the Defendant pleads guilty but has risked a higher sentence. Similarly, one might look carefully at the number of not guilty pleas which suddenly turn into guilty pleas or 'professional embarrassment' when Counsel has a case which might clash with another (better

paid) case. However, these arguments between professional lawyers do not help anyone who is seeking legal advice and representation. The suggestion that Magistrate’s Court advocacy skills require completely different skills from those needed in the Crown Court is both insulting and wrong. Both require attention to detail, professionalism, knowledge of law and procedure, ability to examine and cross-examine witnesses and the use of the art of persuasion. Perhaps it is the speed of address and the more serious consequences which marks out a Crown Court case from a Magistrate's Court case. So perhaps some of the crucial questions to be asked of a Barrister could be:  How long was your formal training on Legal Aid matters when you attended Bar Vocational Training courses?  How long was your formal training in pupillage before you were permitted to appear in any Court?  Why are you 'Learned' after only such a short training period and Solicitors are not after a 2 year training period?  What training and experience do you have of police station procedures and practices?  How often have you seen police station procedures?  Is your opponent from the same Chambers?  If so, have you discussed my case with him, why, who authorised this and precisely what was said?  Is the Judge your pupil master or a former/ existing member of your Chambers?  Are you of the view that my Solicitor/ a Solicitor Advocate is not capable of carrying out the necessary work to defend me?  If so, on what criteria do you make that decision?  Do you think that, as a barrister, you are superior to a Solicitor Advocate?  If so, on what criteria?  Do you have almost immediate access to your Instructing Solicitor within your Chambers?  Do you believe that continuity of representation is in the best interests of myself?

What matters more than anything else is that Defendants should be represented in court by an advocate who has the necessary skill and experience that is required for their particular case. This is especially important where the case is serious and/or complex. Contrary to what Mr Young says in his article, it is the case that in the last couple of years a large number of solicitors have begun, for the first time, to do a great deal of work in the Crown Court, for purely financial reasons. As recently as August this year, this was acknowledged by Anthony Edwards, a respected past President of the London Criminal Solicitors Association, who wrote “many experienced solicitors now appear regularly as advocates in the Crown Court because only by doing so can they compensate for the losses inflicted by the litigators’ graduated fee scheme” (the scheme by which they get paid for preparation of cases, as opposed to advocacy).

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45

such partisan advice as set out by Mr Marks. Every client has the right to choose: the choice is quite large, and any Solicitor and Solicitor Advocate who acts professionally will decide, as must every Barrister, whether any case is within his or her professional competence and whether they can achieve the best result for the client. Julian Young is a Solicitor Advocate and Senior Partner of Julian Young & Co, London. He appeared in the Court of Appeal as advocate for Sean Hodgson

Many solicitor advocates are able, but presently lack experience in the Crown Court. The concern is that, for purely financial reasons, some are taking on serious cases which are beyond their present capabilities. If you were undergoing a serious operation, would you want a surgeon who had been doing the job for 1 year or 15? This is why, if your solicitor is proposing to conduct your case in the Crown Court instead of instructing a barrister for you who has been extensively trained in advocacy, you need to be asking questions of him. The reason is so as to satisfy yourself that he/she has the necessary level of experience, to give you the best chance of getting the right result. In this regard, I commend to the reader the comments of Jo Tiernen (mailbag page 3), with which I entirely agree. In particular, I accept her point that if your solicitor has instructed a barrister to act for you, you should ask them the same questions, so as to satisfy yourself that they are the right person to present your case in the Crown Court. If every solicitor acted in the responsible way that she describes, many of the problems that have been experienced in the Crown Court would be avoided. As a Defendant, you have the right to be properly informed so as to enable you to choose who represents you - make sure you exercise that choice.

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Legal Comment

46

Insidetime November 2009 www.insidetime.org

Overseas recruitment Barrister Stanley Best regrets that the emphasis for lawyers has swung from excellence to diversity or membership of an ethnic community e have rightly heard much comment recently about the wisdom or otherwise of the NHS, or like bodies, recruiting doctors from abroad whose English is not adequate or who have not been trained in the way in which medicine is practised in the UK but little, if anything, as to a similar problem affecting lawyers qualified overseas. I was brought up to follow the old adage (in Anglicised form) 'When in Rome do as the Romans do'. Things they are a-changing.

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Very recently, a competent and caring solicitor, X, wrote to me commenting about an overseas solicitor permitted to practise here and from whom he had taken on a case for a prisoner who had waited in vain for six months before despairing of any action by that solicitor. The prisoner had completely lost confidence in the solicitor from overseas and had turned for help to solicitor X. The new solicitor noted that the overseas solicitor, in a four page letter, had got the prisoner's name wrong and said that it …’was probably the most badly written solicitor's letter I have ever seen. The grammar and spelling was appalling, but more important than this was the fact that the letter contained a number of factual inaccuracies (judged by the client's version) even though the author of the letter had seen (the client) in prison two days previously.' For example, the letter (suggested) that A and B suffered from dyslexia whereas it was the prisoner and his own daughter who were dyslexic. Small wonder, you may think, that the prisoner lost confidence in the overseas solicitor. It is right that we should help ethnic minorities to gain a foothold in the UK, but

e e as

not at the expense of justice. All solicitors allowed to practice here should be required to pass the Law Society's qualifying examinations and nothing less and, where necessary, receive training in the use of the English language. I regret that today we sometimes appear to place the emphasis upon the common market, diversity, or upon membership of an ethnic minority rather than seeking excellence in lawyers, regardless of race, colour or creed. This brings damaging consequence to clients and the profession alike, as I note from time to time in my work as a barrister. It is time to call a halt and to have a backwards look before more damage is done.

I regret that today we sometimes appear to place the emphasis upon the common market, diversity, or upon membership of an ethnic minority rather than seeking excellence in lawyers, regardless of race, colour or creed A number of recent examples may help readers to understand the point I make. Those I cite below refer to ethnic minority solicitors who, for all I know, are very pleasant, decent people anxious to serve clients properly, but who fail to make the grade as lawyers in this country. I do not for one moment suggest that they are a representative selection; I know only that there seem to be too many of them

dealing with vulnerable clients, although no doubt the majority are as good as gold.  Firm A sent instructions to me on one side of A4 paper in respect of two entirely unrelated clients’ cases. They were absurdly brief. Very short paragraphs 1, 2, 4 and 5 related to the first client and paragraph 3 to the second. The first client had, on the facts, no claim but the second client had an arguably good claim subject only to being substantially out of time. So that I could deal in my Advice with the question of delay and, if possible, explain it away, I asked for a full explanation. This was refused by the solicitors point blank. Why?  After talking with Firm B by telephone, I agreed to act for their client and awaited instructions, having indicated who held the papers. I received a letter 10 days later saying that … ‘We look forward to hearing from you so that we can act in this matter as soon as possible'. What on earth were they thinking of? Not much I suspect for, ignoring Advice I had earlier given, they wasted weeks pursuing a course not sanctioned by law for a client already out of time. Manifestly they were out of their depth.  Firm C, having done nothing for months as a result of which the client had taken himself off to new solicitors in the hope of getting help, wrote to me saying that … 'Our client would love you to act as his counsel’ and were offended when told that he had consulted others! Their letter to me too, was only semiliterate in places.  Firm D sought advice for their client pro bono publico. When the client did not like my advice on the basis that it did not support her

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It really is time for us to go back to the days when all solicitors, whatever their origin, pulled together with counsel in the interests of the lay client and recognised what the functions of each branch of the profession are. An attempt to be ‘all things to all men’ rarely ever works. Finally, I would add that it is important to realise that although there are problems within the solicitors' profession (as with any profession these days), the vast majority act conscientiously in the best interests of their clients. In my work as counsel acting for many solicitors who have been the subject of complaint to the authorities, I find that around 75% are wrongly accused and when appropriate representations are made on their behalf that is belatedly recognised. There appears to be in our consumer society an initial assumption that the solicitor is always wrong so that facing up by the Law Society and others to the problems which I have identified must help clients and solicitors alike. We cannot go on as things are. It is time to turn the clock back. Stanley Best is Chairman of the British Legal Association and a practising barrister at Barnstaple Chambers Telephone/Fax: 01837 83763

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One could go on, but it is important to say that just occasionally one meets a solicitor who would be horrified to be described other than as British born and bred but who is also determined not to follow counsel's advice at any cost and spends countless hours telling his client and counsel (a) that he will do what is advised, but with great reluctance, and later (b) that he will not follow that advice. The lay client tires and discharges the solicitor who is then disgruntled!

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own conclusions the solicitors appeared to make no effort to explain the matter to her, but sent the letter of complaint off to me hoping, no doubt, that I would write another Advice expressing a different view which the client would find acceptable. Needless to say, I did not do so.





            

   
     

   
  

  
      

                

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Legal Comment

Insidetime November 2009 www.insidetime.org he recent case of R v O (CA 200802952 C1) concerned the failure of the Criminal Justice System to protect a victim of trafficking, which resulted in a young Nigerian girl (O) receiving an 8 month prison sentence for having a false passport when her case should never have been prosecuted. The case highlights the need for legal bodies and professionals to be more alert to potential victims of trafficking who end up in police stations and the courts, and the avenues available for having cases discontinued rather than those victims facing prosecution and a certain prison sentence.

their relocation. On arrival in the country of destination the trafficked person is forced, usually with the use of violence, or threat of violence, into exploitation by the trafficker or person into whose control they are delivered or sold. They commonly have their travel documents, if they had any, seized and may have restrictions put on their freedom of movement by the traffickers. People are trafficked for various purposes including sexual exploitation, forced labour, domestic servitude, criminal activities, benefit fraud, organ harvesting or illegal adoption.

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Dalton Holmes Gray Solicitors, who specialise in crime and prison law, have recently been receiving a number of referrals from the Poppy Project (which provides accommodation to women who have been trafficked for the purposes of prostitution) where victims of trafficking have been prosecuted, with the view to advising on out of time appeals against conviction and sentence. One such case is currently being considered by the Court of Appeal Criminal Division.

The CPS Protocols offer guidance to prosecuting lawyers when reviewing cases of human trafficking. The suspect must be considered a ‘credible’ victim of trafficking, which means that there must be reasons to believe that the person was actually trafficked. In such circumstances the prosecutor must consider whether the public interest is best served in continuing the prosecution. The most common cases that have come to light of victims of trafficking who have been convicted of criminal offences are illegal entrants found in possession of false identity documents. However, there have been cases of people forced to work in cannabis factories and criminal gangs such as child begging and theft.

Human trafficking

The young Nigerian girl mentioned above in the case of R v O was 17 at the time of her conviction and trafficked into the UK for the purposes of prostitution. She escaped from her traffickers and obtained a false Spanish identity card in order to flee to France. She was stopped at Dover, arrested and charged with possessing a false identity card with intent. She pleaded guilty to the offence at the Crown Court and was sentenced to 8 months imprisonment. The most significant failing in this case was that O had disclosed to her solicitors at an early stage that she was trafficked into the UK and was fleeing forced prostitution. This information was then disclosed to the police, the prosecution and the courts. Under Crown Prosecution Service (CPS) Protocols on Trafficking, O’s account should have been fully investigated and if she was found to be a credible victim of trafficking, the proceedings should have discontinued. The CPS Protocols, introduced in April 2007, provide that where there is credible evidence that a person has been trafficked they should not be criminalized;

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Criminal Defence Solicitors Cassandra Bligh & Sandra Cacchioli argue that despite safeguards and guidelines, victims of human trafficking are still falling through the net in fact they should be afforded certain rights and protection by the State. It is important to understand the difference between ‘human trafficking’ and ‘human smuggling’, as these are the two most common terms used for the illegal move-

ment of people. In human smuggling, immigrants and asylum seekers pay people to help them enter the country illegally, after which there is no longer a relationship, although there may be a financial debt to be paid off. Trafficked victims are coerced or deceived by the person arranging

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Legal Comment

Insidetime November 2009 www.insidetime.org

Parole Board delay Solicitor Sara-Jayne Pritt and barrister Melanie Plimmer highlight a significant judicial review case that could have implications for many prisoners Mr Pennington said the “Parole Board had failed to issue directions and then reach and communicate its decision earlier than it did, meaning he was detained beyond the date when he would have been released had the Parole Board acted in accordance with the duty imposed upon it by Article 5(4)

”

eptember’s judicial review in the case of convicted arsonist Kevin Pennington followed his allegation that the Parole Board acted in breach of its duty under Article 5(4) of the European Convention on Human Rights (ECHR) by delaying his parole.

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Mr Pennington said the Parole Board had failed to issue directions and then reach and communicate its decision earlier than it did, meaning he was detained beyond the date when he would have been released had the Parole Board acted in accordance with the duty imposed upon it

by Article 5(4). As a result Mr Pennington argued that the court should award him damages pursuant to Article 5(5) of the ECHR. The judge accepted his claim and having granted a declaration that the Parole Board breached Article 5(4), the issue as to the amount of damages payable has been adjourned to October 2010. Article 5(4) requires that everyone who is deprived of their liberty by detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided “… speedily …” by a court and his

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release ordered if his detention is not lawful. By ECHR, Article 5(5) anyone who has been the victim of detention in contravention of ECHR Article 5 has an enforceable right to compensation. Prior to the decision of the House of Lords in another case, James v Parole Board, the Court of Appeal in Nookoiv v Parole Board had decided that the failure by the Parole Board to provide a speedy hearing could not be excused by a lack of resources. Mr Pennington’s case argued that cases involving “pure delay” by the Parole Board were in essence unaffected by James whereas the Board maintained that such claims were not any longer sustainable, except in extreme and exceptional circumstances that do not arise in this case. It is well known that the decision in James was concerned with a factual issue that was different from that of “pure delay”. It was concerned with the failure of the Secretary of State to provide to prisoners the means by which they could demonstrate to the Parole Board that they were no longer dangerous to the public. It was alleged that in those circumstances, the right to apply to the Parole Board became an empty exercise because the Board will not have the means to judge the very thing it was required to assess and thus that ECHR Article 5(4) was breached. That proposition was rejected in terms which emphasised the limited impact that ECHR Article 5(4) has on the activities of the Parole Board.

staff or members is capable of being a breach of Article 5(4); The inability of the Parole Board to obtain the necessary reports from those responsible for providing such reports does not amount to a breach of Article 5(4) on the part of the Parole Board unless and until the point has been reached when the delay in providing information has continued for such a long period that continued detention has become arbitrary; and delays resulting from the Parole Board’s own reasonable actions for example in requiring further information before a case is listed for hearing does not amount to a breach of Article 5(4). The Judge accepted that Mr Pennington’s case should have been submitted to a member for Intensive Case Management directions earlier and those directions sent out more promptly. He further accepted that the Parole Board failed to communicate its decision to the claimant within the requisite 7 days (now 14 days) required by the Rules and as such there was pure delay of slightly more than three months between the date when the Parole Board should have told him of its decision (mid January 2009) and the date when it eventually did so (mid April 2009). The Judge regarded it is as clearly right to accord a margin of latitude to the Parole Board before concluding that the point has been reached at which it can be said that it has failed to provide a speedy hearing in breach of Article 5(4). He however considered that where liberty is in issue that margin cannot be very great.

The judge in Pennington summarised the relevant principles as follows: Delay to a hearing due to lack of resources and where the delay is due to error or omission on the part of the Board or its

Sara-Jayne Pritt is a solicitor at Swain & Co Solicitors and Melanie Plimmer is a barrister practising at Kings Chambers Manchester

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Legal Advice

Insidetime November 2009 www.insidetime.org

Foreign Intercepts Challenging Admissibility Aziz Rahman and Jonathan Lennon t is well known that material gathered from intercepted phone calls cannot be evidence in a criminal trial in this country. It is s17 of the Regulation of Investigatory Powers Act 2000 (RIPA) that provides that prohibition. In fact s17 provides that it is unlawful even to ask questions in Court about the existence of intercept material. The reason is to avoid the general public learning of the authorities’ abilities and, more to the point, what the authorities cannot do. This prohibition must surely end one of these days – many prosecutors feel frustrated that they cannot use such material; equally, many defendants feel that the Crown have in their possession material that may assist their defence.

I

The starting point - RIPA In fact RIPA does not prohibit all intercept material from disclosure and use. In 2006 a Turkish national was convicted as a ringleader in a huge ‘people smuggling’ operation. The police had intercept material from Belgium and the CPS made it known that the material could only have been admissible because it was obtained by overseas law enforcement agencies. What is the law in this situation? Interception Warrants It is impossible to explain in a short article the complexities of this area - which many criminal lawyers don’t properly understand. The starting point is that under s1(1) of RIPA it is an offence to intercept any telecommunications or postal communications in the UK unless it is done with “lawful authority”. “Lawful authority” requires (in most cases) that an interception warrant is issued by the Home Secretary under s5 of the Act. Warrants, however, are not granted easily; the suspect’s right to privacy under Article 8 has to be considered and the interference must be ‘proportionate’ and ‘necessary’. This is recognition of how serious the breach of privacy is; listening to phone calls is clearly extremely intrusive and should never become a matter of routine. In R v P [2001] 2 WLR 463, the House of Lords considered the predecessor to s17 of RIPA, s9 of the Interception of Communications Act 1985 (IOCA). It found that the 1985 Act applied only to intercepts in the UK. The Court followed the earlier case of R v Aujla, Times Law Reps, 24/11/97. In that case, the Dutch authorities intercepted calls between a person in this country and a person in Holland without the knowledge of the British police. The Court found that the interception of calls by tapping a line in Holland was not a breach of IOCA (all UK phone tapping is illegal unless properly authorised by IOCA, or now RIPA) – the issue for the Court then was should the evidence be admitted, not can the evidence be admitted. The Court held that the trial Judge had to take into account the circumstances in which the material was obtained. That discretion included considerable weight to be attached to the suspect’s right to privacy as guaranteed by Article 8 of the European Convention on Human Rights. All these cases of course are pre-RIPA. Today, the European Convention has fuller effect since full implementation, in October 2000, of the Human Rights Act 1998. Mutual Assistance Since May 2000, the UK has been a party to the Convention on Mutual Assistance in

Criminal Matters between the Member States of the EU. This requires EU States to co-operate with each other and provide assistance in respect of criminal investigations. Section 1(4) of RIPA applies to ‘international agreements’ – e.g. the EU convention. It provides that where such an agreement is in place, the Home Secretary must not issue any request for assistance to another country without “lawful authority”. Lawful authority here means the Home Secretary must issue an interception warrant under s5(1) prior to any request for mutual assistance. So if you are now awaiting trial in this country and the evidence is based upon material intercepted overseas in an EU country (and you were in that country at the time) the first question must be ‘who ordered the interception?’ The British or the other State? Interceptions Abroad initiated by the British Authorities Say, for example, the UK police are investigating a suspect who is a British national but based overseas in an EU country. The police want to listen to his phone calls but need the assistance of that country’s authorities. Then, in that case s1(4) applies and the first step is for the police to get the Home Secretary to issue a warrant and then ask the Member State for assistance, as RIPA now specifically recognises the EU wide Convention on Mutual Assistance. It should be borne in mind that RIPA only ‘designated’ that Convention on 1st April 2004 – RIPA (Designation of an International Agreement) Order 2004. It may therefore be arguable that any requests made prior to this date are simply unlawful as the Mutual Assistance Convention had not yet been recognised and the proper safeguards put in place. Assuming though that RIPA is properly engaged, because the British police had asked the overseas EU State for help (after 1st April 2004), and did use the s5 warrant procedure, then s17 is firmly engaged as well – in fact s17(2)(b) specifically relates to international mutual assistance requests. Thus it would be unlawful for that intercepted material to go before the jury. Interceptions Abroad initiated by an EU Authority If, on the other hand, the British police have not instigated the interception then RIPA might not be relevant and s17 would not bite. This though does not mean that the material is automatically admissible as evidence; as some may think. There should at that stage be consideration given to legal argument for the exclusion of that material. This would be an enhanced version of the Aujila arguments mentioned above. For example, just because RIPA does not apply, does not mean the Human Rights Act does not apply – questions would arise such as why the intercept was authorised, is the procedure in the authorising country compliant with the Convention on Human Rights, and so on. However, just because material is gained unlawfully does not mean it is inadmissible. Unlawfully obtained material may be kept from the jury depending on the type of breach of the rules and the unfairness caused – only where s17 is involved is there a definitive stay on the use of intercept material. Furthermore, there are additional arguments about voice attribution; voices are not like fingerprints or DNA – it is an inexact science. In R v O’Doherty [2203] 1 Cr. App. R 5 it was held that, in the present state of scientific knowledge, no prosecution should be brought where the identification evidence relied solely on what is called the ‘auditory method’ of voice attribution (with one important exception); see now R v Flynn & St. John [2008] 2 Cr. App. R (20) CA.

RIPA s17 – The Prohibition & Asking Questions Section 17 prevents any questions being asked about the lawfulness of an intercept operation. It is possible to challenge whether the conditions are in place for a non-RIPA intercept to become evidence, i.e. an overseas intercept – is it really non-RIPA, if it is, then is the interception lawful in human rights terms; was the foreign interception properly authorised, are their systems human rights compliant etc. This was established in Att.-Gen.'s Reference (No. 5 of 2002), 4 ALL ER 901. R v Herbert Austin & Ors [2009] EWCA Crim 1527, 23/7/09 is a very recent case which is of interest. It was an appeal from Winchester Crown Court of defendants charged with drug trafficking offences. The British authorities had been conducting surveillance on a suspect and were aware that he was flying to Columbia. They informed the Columbian authorities, who also placed him under surveillance. This surveillance included phone intercepts. That material was provided to the British authorities following a letter of request. The Crown then applied to adduce the material before the jury at the subsequent trial. The defence resisted and relied on expert evidence to suggest that the calls were actually intercepted in this country and not in Columbia (in which case s17 would apply). The Judge heard evidence on this topic and also heard from the Crown in a Public Interest Immunity application – i.e. where the defence were excluded from Court. This procedure formed part of the challenge in the Court of Appeal. The trial Judge found that the recordings

49

were made in Columbia not the UK and ruled the material admissible. The Appeal Court, having considered the PII material, found that it would have made no difference had the defence had sight of that material and therefore it would not have assisted in any s17 arguments. However, the Court found that the defence were not in possession of certain facts and materials which may have assisted them in an application to exclude the material – i.e. even though it was admissible, to exclude it anyway on grounds of fairness. This is often the base for any evidential applications – first submission: the material cannot be admitted; second; if it can, it shouldn’t applying s78 of the Police & Criminal Evidence Act 1984. That second limb persuaded the Appeal Court that had the proper PII and disclosure provisions been applied as set out in R v H & C [2004] 2 AC 134 things may have been different. Therefore the Court decided that the material ought to be evaluated with that question in mind and that evaluation would have to be carried out by a Special Counsel instructed to review the material and decide how much could be disclosed to the defence so that they could ably put forward their exclusion argument. The Future SOCA & Cross-border Co-operation The EU States are fast moving together in the field of international cross co-operation in criminal investigations. In this age of global mass-communication, internet crime and the European Arrest Warrant one thing is for sure; we are to see a lot more of the authorities attempting to introduce foreign intercept material before the Courts; whether they are successful or not is another matter. 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. Both lawyers acted for H in the leading case of R v H & C. Jonathan Lennon is a Barrister specialising in serious and complex criminal defence cases at 23 Essex Street Chambers in London.

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Legal Q&A

50

Insidetime November 2009 www.insidetime.org

PM - HMP Acklington

Inside Time Legal Forum Answers to readers’ legal queries are given on a strictly without liability basis. If you propose acting upon any of the opinions that appear, you must first take legal advice. Replies for the Legal Forum kindly provided by: ABM Solicitors; Chivers Solicitors; de Maids; Frank Brazell & Partners; Henry Hyams; Hine & Associates; Levys Solicitors; Morgans; Oliver & Co; Parlby Calder; Petherbridge Bassara Solicitors; Stephensons Solicitors LLP; Stevens Solicitors; Switalskis Solicitors and WBW Solicitors see individual advertisements for full details. Send your legal queries (concise and clearly marked ‘legal’) to our editorial assistant Lucy Forde at Inside Time, Botley Mills, Botley, Southampton, Hampshire SO30 2GB. For a prompt response, readers are reminded to send their queries on white paper using black ink or typed if possible. Use a first or second class stamp. waits between them. The case of Smith and West in the House of Lords established an almost absolute right to an oral hearing in recalled determinate sentence cases. The Parole Board will, however, sometimes recommend that a person is not released until sentence expiry at the paper review stage. If this is the recommendation you will need to request an oral hearing within 14 days. It seems that as you have an issue with the reports/recall request then you should be eligible, as challenges of this type are what oral hearings are for. You should ask your solicitor to contact the Parole Board with a request for an oral hearing as soon as possible. If you are still refused then you could consider Judicial Review proceedings, although these can take some time and may not be worth your while if you SED is within the next 4-6 months.

AA - HMP Dartmoor Q

Firstly, I would like to know why the Parole Board can deny an oral hearing even if there is a change of circumstances or it can be proved the probation officer was economical with the truth in her report. Secondly, why is a prison allowed to refuse to reinstate ‘Enhanced IEP Status’ to a recall? Not only that, but when the set time has passed, refuse enhanced status. A 1) We assume you have been recalled on a determinate sentence as indeterminate sentence prisoners and lifers will not be denied oral hearings although there may be fairly long

2) The prison is allowed to take into account ‘attitudes and involvement in sentence planning’ when making decisions about privileges. This has been challenged a number of times without success. Given that you are trying to take part in the courses but the waiting list is too long then your ‘attitude’ may not be an issue and your lack of ‘involvement’ is not your fault. You should use the internal complaints procedure to make these points and if this fails you could consider challenging the decision through the Prisons and Probation Ombudsman or if that fails, by Judicial Review. You should get advice about this from a solicitor. Given your SED is not far off you may find that either of these methods of challenge will take too long in any event.

Q On the prison documents I have in my possession, I have been put down as having a sentence of 99 years and licence of 99 years. I object to this; the prison service should not say how long I will live for and the records should just say ‘life’. If I’m right, how do I get them to correct this? A It is our understanding that the use of 99 years as sentence duration on HM Prison Service documents is simply because they are unable to input anything other than a numerical figure in the relevant box.

ignored then you should contact the Prisons & Probation Ombudsman who will investigate and produce a report. If this does not work then you should ask your solicitor’s advice about whether you should report the theft of your mail to the police or challenge the prisons refusal to take your complaint seriously in the courts.

............................................... RS - HMP Bedford Q

RM - Address supplied

I feel my solicitor gave me bad advice about whether to give evidence in court. In the end I did what he said but was convicted. Is this a ground of appeal? I have applied to the CCRC but three judges have knocked me back already.

Q

A This would be a ground of appeal if you can

............................................... I have been told by my mother that the victim of my alleged Rape offence has admitted to making it up in order to get compensation. Neither my mother nor the victim (a family member) will tell my lawyers this. I was sentenced to an 18 year IPP. I am currently appealing my conviction and want to know if they are perverting the course of justice? Can this information be included in my appeal?

A It sounds like the comments made by the victim are what is known as ‘fresh evidence’ i.e. evidence which was not available at the trial. Although you were told in confidence, you should consider telling your legal team about this. Under s.23(1)(b) of the Criminal Appeals Act 1968 the Court of Appeal can order a witness to attend to give evidence. Although it is extremely difficult to persuade the court to do so, you should not prevent your legal team from attempting to.

............................................... CM - HMP Manchester Q

My mail is being stopped and I am being harassed by the wing manager. I have had similar issues with him before when he was security manager. The prison refuse to acknowledge there is a problem. What can I do? Can I charge the prison with theft of my mail?

show that the solicitor’s advice was wrong and has led to your conviction being unsafe. This is incredibly difficult, as your solicitor will, of course, say his advice was correct and you understood the consequences. If you could have given evidence which had no other source that may have helped your case and you might have an argument. You should contact another firm of solicitors to ask for advice. If the CCRC has already referred your case and the court rejected it then you won’t be able to appeal again.

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Legal Q&A

Insidetime November 2009 www.insidetime.org is likely if the charge for the firearm is just possession and less likely if the charge is possession with intent to endanger life. If you are charged with possession of criminal property for the cash expect a confiscation hearing.

Banks on Sentence

Q I was in a toilet and had oral sex with

Answers by Robert Banks, a barrister who writes Banks on Sentence, the book the Judges use for sentencing more than any other.

www.banksr.com Q SOCA raided a safe deposit box company and opened all the boxes. Mine was one of them. The box contained a handgun, 7 bullets, 176 grams of heroin and £20,000. The contents were not all mine. I have one previous drug conviction (16 years ago) and received 10 years, which was reduced to 7 or 7½ years. If I’m found guilty, what sentence can I expect?

A I have very little information to go on. If the prosecution considers, as I expect they will, that the articles were for use in the drugs trade, the current fashion is to charge you with possession of a firearm with intent to endanger life. This is based on the firearm being a frequent method of enforcement in the drugs trade. In October this year, the Lord Chief Justice said that “whenever a gun is made available for use, deterrent and punitive sentences are required”. He also asked judges to consider whether IPP or a life sentence is appropriate for suppliers of firearms. In 2002, the Court of Appeal said that possession of a firearm with intent to endanger life merits a sentence between 7 and 8

years. I detect sentences are going up; it may be that with a finding that the firearm was for use in the drugs trade, the starting point could be around 9 to10 years. If the 176 grams weight of the drugs is at 100% I would expect a starting point of 7+ years for possession with intent to supply class ‘A’ drugs. The judge may rely on the £20,000 to estimate the scale of the dealing. I would expect these starting points to be consecutive but reduced because of totality to around 15 years. From this, the court would consider a reduction if you played a lesser role e.g. you were just a custodian and a discount for a plea if any. You might also obtain a further reduction if you were charged with simple possession of the firearm rather than possession with intent to endanger, although the firearm may be subject to the minimum sentence provision of 5 years imprisonment in any event. If you were to enter a guilty plea you could receive a further reduction of up to 1/3. However the minimum sentence cannot be reduced because of a plea of guilty. As far as the ammunition is concerned the sentence could easily be consecutive. That

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someone for a few minutes. It was fully consenting. In fact he led me on. He was 5’ 8” tall and I thought he was 16+. I asked him how old he was and he said 15. I said, “This is not a good idea” and stopped. Nothing else happened. A press release was issued and I voluntarily went to the police station. I made a full statement. It turned out the boy was aged 12. I was charged with rape of a male under 13. I pleaded guilty at the first opportunity. The basis of plea was that there was no force or coercion and the boy instigated the sex. The judge accepted I was alarmed when I learnt he was under 16. However he said I did not take sufficient precautions. The judge looked at the guidelines, which said 813 years and started at 8 years. Giving me credit for the plea, he gave me 5 years 4 months. My barrister said the sentence should not have been based on the guidelines and appealed. I was refused leave by the single judge because my sentence was within the guidelines. Was my sentence fair? What should I do now?

A

I don’t think your sentence was fair. Unfortunately, I don’t know how it was that a press release was issued or whether the boy was traced and, if so, what he said. Further, I don’t know how old you are, what the pre-sentence report said, nor whether you had any relevant previous

51

convictions. I also don’t know how dark it was in the lavatory or what opportunity you would have had to consider the boy’s age. The boy is different to most victims because I assume he went to the lavatory and loitered trying to find someone to have sex with him. Assuming there was nothing that counted against you that I don’t know about, this is the sort of injustice that so many people feared would happen if there was a rigid application of the guidelines. The Court of Appeal has said, “We would emphasise that guidelines can produce sentences which are inappropriately high or inappropriately low if sentencers adopt a mechanistic approach to the guidelines. It is essential that, having taken the guidelines into account, sentencers should stand back and look at the circumstances as a whole and impose the sentence which is appropriate having regard to all the circumstances”. More recently, the Court of Appeal said, “A guideline is no more than a guideline. The court must have regard to them but that does not mean they have to follow them.” Returning to the facts, two points are against you. The Court of Appeal has said those who embark on sexual activity with young people do so at their own risk and that the law is to protect children from themselves. Thinking about how unpleasant a robbery or set of burglaries would have to be to be worth 5 years, I consider if you stand back and reflect upon the relevant facts of your sentence, it is manifestly excessive. If it was understandable that if you thought the boy was 16 there was no adverse effect on the boy, I would apply to renew your appeal and make an application for that renewal to be out of time.

Please make sure questions relate to sentences and not conviction or release. Unless you say you don’t want your question and answer published it will be assumed you don’t have an objection to publication. No-one will have their identity revealed. Facts which indicate who you are will not be printed. Letters without an address cannot be answered. It is usually not possible to determine whether a particular defendant has grounds of appeal without seeing all the paperwork. Going through all the paperwork is normally not an option. The column is designed for simple questions and answers. Please address your questions to Inside Time, Botley Mills, Botley, Southampton SO30 2GB (and mark the letter for Robert Banks).

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Book Reviews

52

Insidetime November 2009 www.insidetime.org

Home design ideas - how to plan and decorate a beautiful home by Caroline Clifton-Mogg, Joanna Simmons and Rebecca Tanqueray Jane Andrews encourages people with imagination and the application of effort to transform homes into castles … ‘An Englishman's home is his castle ...’' This month I am reviewing something a little different and a book which some of you may think ‘why?'. The simple answer is I know there are a great many of you out there who are interested in 'interior design' and may be thinking of embarking on a distance learning course on the subject. So this is why I decided to review this particular book and also because it is a passion of mine, having once worked for an interior designer in London, a job I loved very much ... but there goes another story! What left an immediate 'mark' on me was the first paragraph in the introduction … 'the way your home look and feels is important. If you don't feel comfortable at home, you don't feel truly yourself, so reinventing your space to suit the way you want to live can have a profound impact’.'

extortionate price! It always made me want to set up on my own ... maybe one day! I do hope that by reading this review it has made some of you decide to do that course you have always wanted to do, or for others, when you get home, or get a home, to make it your 'castle', your domain, with the only person locking your door at night being yourself! There is only one small problem for you up and coming designers out there in your present 'residences', there are no tips for improving your current abode! But don't lose hope, because where there's hope there is a future. You can one day make your dreams come true... Home design ideas - how to plan and decorate a beautiful home, by Caroline Clifton-Mogg, Joanna Simmons and Rebecca Tanqueray is published by Ryland, Peters & Small price £17.50 ISBN 978 1845977511 Jane Andrews is currently resident at HMP Askham Grange

I have to say that this book isn't all about extravagant designs where money is no object, because you can go to any of the chapters and find a simple solution to any problem you may be encountering and find the answer there and then! In other words, this book will help you with interior design challenges big and small; from storage solutions, to what colour to choose for your bedroom walls. Each chapter covers a particular area, from kitchens to outdoor living, and not only helps with initial planning but also useful addresses for sourcing products.

What this book shows is that it doesn't have to break the bank to make your home your ‘castle', as in the quote with which I opened this review. With just a little imagination and effort you can transform an old wardrobe for example into a focal point of furniture in your bedroom with a few coats of white paint. Okay that sounds simply put … but believe me it can be done. It takes me back again to my time in interior design when I would go to Paris to the famous flea markets at the crack of dawn to wade through the countless stalls and shops until I'd find that special old piece that could be stripped down, painted, and then sold for an

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This is a beautiful book and you will constantly pick up and admire the pages within. It has been compiled by three writers, experts in their own chosen areas of interest, and all have successfully written other books on this vast subject. What amazes me is how you can transform a blank canvas of a room into a haven of tranquility with just a few resources, as shown in the section on 'Outdoor living, bring the outdoors in’!

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DVD Reviews

Insidetime November 2009 www.insidetime.org

53

Star Trek

Looking for Eric

'Lost' creator JJ Abrams is handed Star Trek to make it shiny and new. Simon Pegg, Chris Pine and Zachary Quinto star.

An ailing Manchester postman gets his life back on track with a little help from Eric Cantona in Ken Loach's comedy-drama, written by Paul Laverty and starring Steve Evets, John Henshaw and the former Manchester United star himself. Grim reality these days is evidently a little too grim and real. Now Britain's great social-realist Ken Loach has turned in an unexpectedly mischievous comedy-drama about searching for the hero inside.

James T Kirk (Chris Pine) is a farm-boy from Iowa who leaps before he looks; an impetuous adrenalin-junkie slumming it in bars and avoiding the legacy of his father, who died in command of a Federation starship. Spock (Zachary Quinto) is a half-human, half-Vulcan divided by the two paths his mixed parentage offers - should he adhere to the pure logic of his Vulcan upbringing, or admit some of his emotional human side? Realising he will never be entirely accepted on his home planet, Spock enlists in Starfleet, the military wing of the Federation, an alliance of humans and aliens that aims to keep the peace throughout the galaxy. Wild James T Kirk is also persuaded to enlist by one Captain Pike (Bruce Greenwood), who catches Kirk in action in a bar brawl and decides he has exactly the qualities a peacekeeping federation requires. This rebooting of Star Trek does itself a favour putting Kirk and Spock's character conflict onto the bridge of the USS Enterprise. They are literally at one another's throats. The whole enterprise buckled under the dead weight of consensus - consensus between the characters, consensus between fans and creatives toward the sanctity of continuity. With four long-running TV series, 10 films, numerous novels, cartoon shows and comicbooks, Star Trek's continuity had become like one of those chapters in the Bible that details the begetting of the sons of Abraham; useful for keeping track of who was related to who yet lacking in dramatic dynamism. Star Trek really is a playful movie, grabbing greedily at the cascade of promise that was the title sequence of the original Star Trek. In spirit, it is more Kirk than Spock - a manic, relentless, action movie and the polar opposite of the 1979 Star Trek: The Motion Picture, the ponderous first cinematic outing for the USS Enterprise that took its cues from 2001: A Space Odyssey

when everyone wanted more Star Wars. JJ Abrams' Star Trek has fist-fights, phaser shoot-outs and epic space battles. The warp drive hits you in the solar plexus. Black holes destroy planets. Kirk gets it on with a greenskinned lovely. It makes sense that Star Trek should return just as we enter a new era. You could argue that the spirit of the series was too at odds with the war on terror. Gene Roddenberry's liberal vision of the future, of a United Nations-style peacekeeping Federation, did not fit with the fear and aggression that followed 9/11. Every era gets the science fiction it deserves. As Star Trek collapsed both under the dead weight of its own continuity and the new nasty political reality, one of its long-lost imitators, 'Battlestar Galactica', was relaunched as a compelling commentary on the George W Bush era, bundling in torture, religious conflict, suicide bombings and desperate, hunted heroes. Conveniently, just as a Democrat is once again in the White House, 'Battlestar Galactica' has finished and Star Trek has reemerged to make the galaxy safe for liberals. That Barack Obama is reported to have shared the classic Vulcan salute of "Live long and prosper!" with Leonard Nimoy allows us to indulge in this grand theory, a tacit acknowledgement of the small but significant role Star Trek played in the history of American race relations when Captain Kirk and Lieutenant Uhura famously shared television's first interracial kiss. Verdict: It's Star Trek, Jim, but not as we have known it. A master-class in how to rebrand and relaunch a franchise. Sign us up for more alien girls, punch-ups, phasers, photons and misbehaving black holes. Star Trek (122 minutes) Released 16th November 2009 Rating 12

Cantona's own delightfully vague aphorisms ("Wizout danger we cannot get beyond danger") dance nimbly along the line between selfmockery and self-mythology. "I am not a man," he tells Eric at one point. "I am ... Can-tona."

Looking for Eric is Loach's most accessible film for years and the most playful of his entire career, yet the director has sacrificed none of the values we traditionally associate with a Ken Loach film. Written by Loach's long-time collaborator Paul Laverty but inspired by Cantona himself, between them Red Ken and Eric the Red chip Loach's socially-aware storytelling into a fantastical league of their own. Divorced Manchester postman Eric (Steve Evets) is struggling with two errant teenage stepsons whose principle passions are computer games, porn and weed. Depressed, lonely and knocked out of shape by a car accident, Eric's lost control of the ball. Skinning up a late night spliff, he sparks up an imaginary conversation with his idol, Manchester United's genius forward Eric Cantona. As if by magic, Cantona materialises in Eric's bedroom and begins dispensing some of that gnomic, Canton-ese wisdom - advice which the real Eric hopes might help him win back his first wife Lily (Stephanie Bishop), whom he abandoned with a baby 20 years ago and who now won't have anything to do with him. Though Loach's films have rarely been noted for their broad humour, writer Laverty has always sprinkled them with a steady supply of wit. Looking for Eric's first half-hour comes loaded with dry, daft, laugh-out-loud comedy, much of it led by Eric's mate Meatballs ('Early Doors' star John Henshaw) whose bulk and ballast prevent Eric - and eventually the film - from losing the plot completely. That opening comic salvo is followed by the potentially awkward arrival of a gangster sub-plot centred round Eric's son Ryan (Gerard Kearns). It's at this point that Cantona is relegated to the background and the comedy consigned to the bench as Loach pitches honest graft against easy money, and criminal individualism against community spirit.

Though it was Cantona who grabbed the headlines when the film showed at Cannes, its real star is scrawny, grizzled, 48-year-old jobbing actor Steve Evets, whose CV includes a batch of low-key TV appearances and a brief stint in Mark E Smith's skiffle-punk legends The Fall. Evets pitches Eric as an amiable, downtrodden, slightly spaced-out loser, but with his private version of Cantona guiding him towards his goal-getting back with Lily - he locates a very Loachian purpose and self-determination. Loach, 73 years-old at the time of this, almost his fortieth film release, has never paid much attention to critical consensus. His has been a form of film-making that takes place outside the gate and under the wire - that's why we value his partisan, personal but passionate approach to storytelling. Ironically, that dogged determination to do it his way may provide him with his biggest hit since ‘Kes’ in 1969. Verdict: Funny, touching and cheerfully unlikely in every sense, this ranks among the great British film-maker's most enjoyable films. Looking for Eric (116 minutes) Released 12 October 2009 Rating 15 Inside Time would like to hear from prisoners interested in reviewing DVDs shown in their establishment.

Reviews by Andrew Cousins who is Managing Director of Gema Records, the leading supplier of Music, Games and DVDs to UK prisons. See Jailbreak page 58 for how to order

54

Inside Poetry

STAR POEM OF THE MONTH Congratulations to Sarah Evans - HMP Holloway - who wins our £25 prize for ‘Star Poem of the Month'.

A prison with glass walls Gerald Smith - HMP Sudbury My world is a bubble With imaginary walls And the sirens are singing As freedom calls The sound of their voices Burn in my brain As the buzz of temptation Drives me insane

Ligature Sarah Evans - HMP Holloway I tied a ligature last night And it caused me fright Tight around my neck I struggled for breath I felt light-headed The noose embedded My skin was pinched I started to sink Into a cold sort of daze Into a world full of craze Into a different sort of realm Or was it the beginning of hell. Officers called ‘code blue’ I heard Looking back it seems absurd The rush of blood to my head I was on the way to being dead But the officers came through my door They cut the noose, my neck is sore And then I started to see sense I am a self-harmer, that’s my defence And now I lay upon my bed I’m actually glad that I’m not dead >> Please note our new address for all PRISONER correspondence: Inside Time, Botley Mills, Botley, Southampton, Hampshire SO30 2GB.

Insidetime November 2009 www.insidetime.org

If you would like to contribute to the Poetry section, please send your poems to ‘Poetry’, Inside Time, Botley Mills, Botley, Southampton, Hampshire SO30 2GB.

And the grass looks greener As the traffic roars On the road below That crosses the moors North south East and west Take me the place That I love best Hundreds of people All homeward bound While a soul in torment Stands his ground With sanity slipping As it tears me apart Follow my head Or follow my heart But one step beyond And the game is lost A quick flight of fancy At a terrible cost For the walls are there They just can’t be seen Built with the memories Of the places I’ve been So I’ll live with the dream Till freedom calls In my own little world With imaginary walls

COMPENSATION FOR VICTIMS OF CHILDHOOD ABUSE We specialise in helping adults who were abused as children in the care system. If you suffered abuse in care and want our team to help you achieve justice call David Greenwood or Michael Thomas confidentially on 0800 542 3586 or write to:-

Burn down the prisons then Victor Tull - HMP Glenochil Burn down the prisons then! With all of us inside it, hang us all in the town square We’re all criminals, why hide it? Our demise is justified, we should be quartered, drawn and hung Or if not, shunned like lepers because we all did something wrong Conduct a little experiment and divide the world in two Between the ‘guilty and the innocent’ and you’ll find one thing is true The rest of the world would be staring across that line at you So burn down the prisons then! With everyone inside Brand rapist, fraudster, murderer and drugs dealer On every bastard’s hide Why waste perfectly good food on them? Why are they not being gassed? A criminal’s a criminal regardless of time passed Why not lace our food with arsenic? Or bury us alive? Why not arrest the ones who love us? Our children and our wives

Fallen Melville Akers - HMP Wealstun All the loved ones I have known Are now all gone And I’m alone Life always kicked me When I was down Women that came Never staying around Was it their fault Was it me I don’t know I failed to see All the things that happened round me I should be grateful I still have friends But agony comes, depression ascends I visualise how my life ends Sadness like a dying star So mentally scarred By all that came on by I am fallen.

HENRY HYAMS

SOLICITORS 7 South Parade, Leeds LS1 5QE 0113 2432288 Categorisation Parole/Recall HDC Progression Adjudications Appeals/CCRC Lifer/IPP issues Judicial Review

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Oh! Let’s fuel this world with hatred And grease the engines with contempt Sit back smug in your piety In your self-righteousness be content I wish I were guilt free like thee Oh great ‘holier than thou’ But I’ll always be a criminal So why not hang me now? I’ll let your condescending tone And dismissals take my hope My past has cancelled out my purpose Hand me some shoelaces or a rope I used to talk like you once I used to whinge and moan Whenever some reprobate broke the law And leniency was shown But! As humans sometimes do I made some big mistakes And now that I’m in prison Why not hang me and my mates? I really hope you don’t do the same Remain as spotless as a dove But humble words from one unworthy From down low to you above You’d know for sure being so holy and pure That to forgive is love

NIKOLICH & CARTER •

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Specialists in all aspects of Criminal Law with particular expertise in Serious Crime and Fraud Cases and Confiscation Proceedings For a prompt service please contact

Gareth Martin or Sarah Bull 19 Ralli Courts West Riverside Manchester M3 5FT 0161 831 5535

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Insidetime November 2009 www.insidetime.org

If you would like to contribute to the Poetry section, please send your poems to ‘Poetry’, Inside Time, Botley Mills, Botley, Southampton, Hampshire SO30 2GB.

Inside Poetry

55

Boring, boring, boring Leave him alone Scott Barrett - HMP Wayland

AJE - HMP Gartree

There’s nothing left for me to do I’m bored with them I’m bored with you I’m bored with staying in my cell I’m bored with going to workshops too I’m bored with sleep I’m bored in bed I’m bored with all the food I’m fed I’m bored out of my boring head I feel as if I’m boring dead I’m bored with clouds I’m bored with rain I’m bored with playing games I’m bored that everything’s the same I’m bored with being bored again I’m bored with writing boring rhymes About my boring times And so I’ll finish.

There’s a guy on my landing who nobody likes Who will not wash or shave and is crawling with lice He smells like an onion all rotted with grot His wild staring eyes says that he’s lost the plot

Weapon of choice

His beard is all matted with dirt and decay All the lads jeer when he turns in their way Nobody will talk to or give him a chance And everyone’s sickened by the stain on his pants He mooches in bins and picks smokes off the floor His pong makes you nauseous when he creeps past your door His life must be hell from a world full of pain But the lads laugh and scowl in a way not humane The screws they ignore him as if he’s not there For certain people there’s no ‘duty of care’ He can’t help himself and for him I feel sad He carries a picture of when he became a dad

Time for tea

What went wrong in his life we will never know For the man to live in such deep and dark sorrow I wish him luck for the help that he needs And pray that one day it won’t happen to me

Sonny George Gardner HMP Altcourse

I pass him some smokes and a few friendly words And his eyes come to life like a spring songbird But his gaze quickly fades back to the world of his own So please … give him a break and just leave him alone.

Time for tea Time for me To eat a clock, or two or three Time eats you, time eats me

Mark Baines - HMP High Down A knife, a bat, a tool, a gun Some people play as if it’s fun A gun, a knife, a bat, a tool I look upon and think you fool A tool, a gun, a knife, a bat They pick them up and act a prat A bat, a tool, a gun, a knife They’ve killed someone and serving life!

So, why not have a clock for tea? 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.

Every day for twenty years

By submitting your poems to Inside Time for publication you are agreeing that they can be published in any of Inside Time’s ‘not for profit’ links, including the website, supplements and books. We will not permit any other publication to reproduce your contribution without first seeking your written permission.

Time is the reason for my tears

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!

insidepoetry Attention all librarians and contributors. Copies are available at a special discount price of £7.50 for Inside Time readers, family and friends. Inside Time, P.O.Box 251, Hedge End, Hampshire SO30 4XJ. Telephone: 0844 335 6483 ISBN 978-0-9562855-0-8

I’ve heard the ticking in my ears Time is the worst of all my fears So when you hear that clock in your ear That dreadful quick tick of fear Remember me, I have the key The key my friend is time for tea.

CRIMINAL DEFENCE APPEALS PRISON LAW

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Insidetime November 2009 www.insidetime.org

Jailbreak

CAUTION, BEWARE OF SIGN!

TRUE OR FALSE There are ten facts below. Your task is to read them carefully and try and work out which one is not true. Nine are true, only one is false. 1. The Bible, the world's best-selling book, is also the world's most shoplifted book.

2. Someone paid $14,000 for the bra worn by Marilyn Monroe in the film 'Some Like It Hot'.

4. After the death of Albert Einstein his brain was removed by a pathologist and put in a jar for future study.

5. In the USA over eleven thousand people (up until the end of 2003) have visited a tortilla chip that appears to have the face of Jesus Christ burned into it?

6. A kiss lasting one minute can burn more than 100 calories.

7. Buckingham Palace in England has over six hundred rooms.

8. There was once an undersea post office in the Bahamas. 9. Abraham Lincoln's mother died when she drank the milk of a cow that grazed on poisonous snakeroot.

10. More than 1,000 different languages are spoken on the continent of Africa.

3. Your tongue is the only muscle in your body that is attached at only one end.

Answer on the back page

Need Inside Advice? David Phillips and Partners can help out. We offer legal advice and representation on:· ‡ ‡ ‡ ‡ ‡ ‡ ‡

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0151 236 3331 "I would like to thank DPP and most of all Rachel Barrow. I feel no other legal firm could do a better job! Even the Prison Governor commented on David Phillips and Partners by saying he had never known in his time any solicitor to put so much hard work into a case. Thank you once again." Wesley Lafferty

Escape the technicalities and let us fight your case - call us now and ask for our Specialist Prison Law team. Established 1982 - 8th Biggest Provider of Criminal Defence Services

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TWENTY QUESTIONS TO TEST YOUR GENERAL KNOWLEDGE 1. What type of reptile is a skink?

Road to Perdition?

2. In 1854, Britain allied with France to fight Russia in which war?

12. In English history, which powerful, fifteenthcentury northern earl was called ‘the Kingmaker’?

3. In which children’s TV series could the Soup Dragon, the Floglets and the Glow Buzzers be found?

13. In the nineteenth century, Kid McCoy and Gentleman Jim Corbett were world champions in which sport?

IQ 1

?

4. The ‘Anschluss’, in 1938, was the annexation by Germany of which country?

5. Which nineteenth-century French painter died on a South Pacific island in 1903? 6. According to the zodiac, Sagittarians are born in November and which other month?

7. What is the name given to the tough, outer sheath that protects the trunk and branches of a tree?

8. ‘Burlington Bertie’ is rhyming slang in horseracing for which betting price? 9. In personal advertisements, what do the letters SWF stand for?

10. The lotus is the national flower of which Asian country? 11. Which Bond actor appeared in the 2002 film

57

Jailbreak

Insidetime November 2009 www.insidetime.org

Challenge

What number is missing?

2.

Following a logical sequence, can you complete the puzzel?

14. What name is given to the ballet shoes which enable a dancer to stand on the tips of the toes? 15. Brothers Martin Kemp and Gary Kemp were members of which 1980s band? 16. Which former TV-AM newsreader once famously threw a glass of wine over Jonathan Aitken at a party?

3. What number completes the pyramid?

4.

5.

6.

Which number replaces the question mark?

17. Which former presenter of Changing Rooms also took part in the 2006 series of Strictly Come Dancing? 18. In which country was the composer Frederic Chopin born?

19. In which North African country are the ruins of the ancient city of Memphis? 20. In 1980, which British rock trio had a UK number one hit single with ‘Don’t Stand So Close To Me’?

Which number completes this pattern?

Which number completes the last triangle

ANSWERS CAN BE FOUND ON THE BACK PAGE

It's a Con

A Christmas Gift for a loved one Free Prize Draw Six lucky readers can select one of these gifts to be sent to a loved one at home.

Answers 1). 5 - Starting with the numbers on the top row, and moving in straight lines through the centre, multiply the top numbers by the central number, putting the results in the lower circles. 2). 4 - In each row, the centre number equals the difference between the left and right hand numbers. 3). 31 - Starting on the bottom row, add adjacent numbers together to give the value in the box above them. Repeat up to the apex of the pyramid. 4). 26 - Moving clockwise from number 5, numbers increase in value by 6,7,8,9 etc. 5). 4 Working in rows, add the centre and right hand digits together, to give the result on the left. 6). 5 - Taking the top three circles, add together the lower two circles, to get the value in the upper circle, repeat this formula for the three circles on the bottom left and bottom right.

MW HMP DOVEGATE

APPLEBY HOPE & M AT T H E W S SOLICITORS We specialise in:-

Select either a beautiful bouquet of flowers, a bottle of Champagne, or luxury chocolates - courtesy of Inside Time. Each gi ft has an approximate value of £25 -30 and will be delivered in time for Christmas. To be a winners just send your request, with a short message (20 words max please), and the full delivery address (incl postcode)

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Hurry, the closing date is 30th November Please note it wi l l 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 on the entry. Send your entry to:

I n s i d e Time “G I F T ” Botley Mills, Botley, Southampton SO30 2GB

Contact Kate Clark or Carroll Slaney

Appleby Hope & Matthews 35 High Street Normanby Middlesbrough Teesside TS6 0LE

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Insidetime November 2009 www.insidetime.org

Jailbreak Gema Music Quiz

CAPTION COMPETITION

The new Gema Records catalogue is out now! (Spring 2009 No 112) It is packed with over 9000 new releases as well as a back catalogue of 20,000+ music titles covering all genres over the last 5 decades together with a Games section where many titles have been reduced in price since the last catalogue.

1. Which female singer has been married to both Ray Davis and Jim Kerr 2. Which US singer of international fame, holds the record for having the most entries into the Billboard Hot 100 chart without making it to the No 1 spot 3. Which member of the Rolling Stones played oboe on ‘Baby you’re a rich man’ by the Beatles 4. Who is the singing legend that once said ‘I don’t know anything about music. In my line you don’t have to’.

For your own personal copy, please send a cheque or PO for £2 and we will send you a copy along with a £2 voucher to use against your first order Suppliers of Music CD’s & Computer Games, both new & pre-owned.

Gema sponsors of Jailbreak LAST MONTH’S WINNERS

Paul Longthorne HMP Holme House John Scholes HMP Manchester Jo Storey HMP Styal See below for details of how to enter. The first three names to be drawn with all correct answers (or nearest) will each receive a £15 Gema Record Voucher & a free catalogue

Answers to last month’s quiz: 1. The Searchers, 2. Killing Joke, 3. Ronan Keating, 4. Luciano, 5. Notorious BIG, 6. Tubeway Army, 7. The Libertines, 8. Lovin Spoonful, 9. Paolo Nutini, 10. Queens of the Stone Age

insideknowledge The prize quiz where we give you the Questions and the Answers! All the answers are within this issue of Inside Time - all you have to do is find them!!

?

The first three names to be drawn with all-correct answers (or nearest) will receive a £25 cash prize. There will also be two £5 consolation prizes. The winners’ names will appear in next month’s issue. Following a picture being broken, whose son was recalled to prison? Where did 45% of prisoners say they felt depressed or suicidal in the first 24 hours following reception? Sagittarius is ruled by which planet? Who was ‘chained to the wall for all but ten minutes each day’? 152 Magistrates Courts and 30 Crown Courts are equipped with what? Where are there only 319.2 prisoners who could be described as ‘offenders’?

>> To enter any of the above prize competitions Please do not cut out any of these panels. Just send your entry to one or all of these competitions on a separate sheet of paper.

EP D

CRIMINAL DEFENCE & PRISON LAW SPECIALISTS

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

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

Well done, £25 prize is in the post

Another £25 prize is on offer for the best caption to this month’s picture. What do you think is being thought or said here?

10. Kim Carnes sang about a lady with Bette Davies eyes, but how did she describe her hair

3. 4. 5. 6.

HMP & YOI New Hall

PROBABLY THE UK’s LARGEST MUSIC BACK CATALOGUE

7. Feedback was the original name for which mega band of international fame

1. 2.

Siobhan Mulcahy

Gema PO Box 54, Reading, RG1 3SD.

6. Who is Eagle Eye Cherry’s award winning sister

9. Which singer – musician became the oldest person to top the American album charts in 2006, with his album Modern Times

LAST MONTH’S WINNER

Catalogues cost £2 (postal order payable to ‘Gema’) but this is refunded with first order.

5. What was the collective name for the studio band for Motown Records in Detroit

8. Which singer songwriter was murdered on Jim Morrison’s birthday

“Gimped head gear” Check “Red Nose” Check “Smile & Pop song chosen” Check “The clown who’s paid $35m to go to space” Check

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

7. 8. 9. 10. 11. 12. 13. 14. 15.

Joel Waul, 28, climbs on top of his rubber band ball at his home in Lauderhill, Fla. He has spent the last six years making the ball, which had already been declared the world’s largest by the Guinness Book of World Records in 2008

Some 20% of people aged over 75 are believed to have what? Who is ‘shackled by a criminal identity’? Whose writing is often humorous, controversial and to the point? Who sat through a trial listening to what he describes as a ‘sick pantomime’? Next stop is where for 16 weeks of blood, sweat and tears? £180 million a years of the Legal Aid budget goes on what? What did The Times newspaper report on April 30th 2008? Who is bored with being bored again? What is the most common form of arthritis?

Answers to Last Month’s Inside Knowledge Prize Quiz 1. Amit Kajla, 2. HMP Kirkham, 3. 68 per cent, 4. Sid Wright, 5. Geoff Carter, 6. 1 per cent, 7. Prison visits, 8. Gerald Smith, 9. Yasus Afari, 10. John Hirst, 11. Derek Kinder, 12. Julian Renhard, 13. Joshua Bell, 14. Gerard McGrath, 15. Recorder Linda Sullivan QC LAST MONTH’S WINNERS

Our three £25 Prize winners are: Kenneth Moore - HMP Peterhead, Lee King - HMP Lowdham Grange, Kieran Grieve - HMP Dovegate Plus our £5 Consolation prizes go to: Natasha Adams - HMP Morton Hall, Liam Urry - HMYOI Portland

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

CLOSING DATE FOR ALL IS 24/11/2009

NOBLE SOLICITORS Specialising in Criminal Defence and all aspects of Prison Law Offering advice and assistance covering:‡ Appeals against Sentence & Conviction ‡ Adjudications ‡ Lifer panel Representation ‡ Licence Recall & Parole Reviews ‡ Request and Complaints For an immediate visit, advice and Representation call:-

Noble Solicitors 21 High Street Shefford Bedfordshire SG17 5DD 01462 814055

Twell & Co Advice and assistance in relation to all aspects of prison law. Contact Robert Twell or Shevette Adams - Rose

Twell & Co 3rd Floor, 48 Lugley Street Newport Isle of Wight PO30 5HD

01983 539 999

“QUOTES”

Comedy Corner Send in your jokes, you will receive £5 for every one we print!  It was the stockbroker’s first day in prison and on meeting his psychotic looking cell mate he became even more nervous than ever. ‘Don’t worry mate’ said the prisoner ‘I’m in for a white collar crime too’. ‘Oh really’ said the stockbroker with a sigh of relief. ‘Yeah’ said his cell mate ‘I murdered a priest’. Scott Barrett - HMP Wayland ............................................................  A teacher at school asks the class what their fathers do for a living. After getting the usual list of salesman, fireman, policeman he got to Johnny, ‘My father is an exotic dancer at a gay club’ ‘Is that true Johnny?’ asks the teacher ‘No miss, he’s a footballer at Southampton but I was too embarrassed to say.’ Paul McAndrew - HMP Everthorpe ...........................................................  Three old football fans were in church praying for success. The first asks ‘Oh Lord when will Everton win the Champion’s League? ‘In the next five years’ said God. ‘But I’ll be dead by then’ says the unlucky Scouser. The second asks ‘Oh Lord when will Wales win the World Cup?’ ‘In the next twelve years’ said God. ‘But I’ll be dead by then’ moans the pensioner. The third man asks ‘Oh Lord when will Derby win the Premiership?’ ‘I’ll be dead by then’ laughs God. Jason Roberts - HMP Frankland ............................................................  A young man calls up directory enquiries: ‘Could I have the number for Mary Jones in Blackburn please?’

Operator: ‘There are five listings for Mary Jones in Blackburn sir, do you have a street name’? The young man hesitates: ‘Well, most of my friends call me Iceman but how will that help’? Michael Cotterill - HMP Shrewsbury ............................................................  An angry wife opens the door to her husband, there’s lipstick on his collar and alcohol on his breath. ‘I hope there’s a good reason for you waltzing in here at 6 in the morning in that state’. ‘There is’ he replies ... ‘breakfast’. Danny Charnock - HMP Albany ............................................................  Cops arrested two men; one for drinking battery acid, the other for eating fireworks. They charged one and let the other off. D Clarke - HMP Littlehey ............................................................  What’s the best way to catch a fish? Ask someone to throw it straight at you! Jo Johnson - HMP Morton Hall

Match the following quotes to the pictures below, answers on the back page

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(A) Money doesn’t buy you happiness, but buys you a big enough yacht to sail right up to it

”

“

(B) I am going into space in a vehicle comprising three million parts - each supplied by the lowest bidder

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(C) The best argument against democracy is a five-minute conversation with the average voter

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“

(D) If God didn’t want us to eat animals, why did he make them out of meat?

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“If I were two-faced, would I be wearing this one?” (F) At a certain point, a woman needs to choose between her “ face and her ass ” (G) How many men does it take to change a toilet roll? “ Nobody knows. It’s never been tried ” (H) In India, if a man dies the widow flings herself on to the “ funeral pyre. In this country the woman just says: ’72 baps, (E)

”

Connie, you slice, I’ll spread.’

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(I) A diary is like a perfect friend, always agreeing with the writer

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(J) The trouble with socialism is that eventually you run out of other people’s money

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1. Winston

2. Abraham

Churchill

Lincoln

6. Edwina Currie

Do you have any jokes (printable) that you would like to share with our readers? If so, send them in to: Inside Time (Jokes), Botley Mills, Botley, Southampton, Hampshire SO30 2GB. If you do not want your name or prison to appear please make it clear. You will receive £5 for every one we print so don’t forget to include your details even if you don’t want them printed.

3. Unnamed American astronaut

4. Jerry Hall

8. Margaret Thatcher

9. Johnny Depp

7. Homer Simpson

NEVER MIND THE RECALLS HERE’S THE

VLS

Solicitors

Criminal Defence and Prison Law Specialists PRISONERS’ LEGAL RIGHTS - NEED HELP? ‡ ‡ ‡ ‡ ‡ ‡ ‡

Licence Recalls Parole Reviews Adjudications Categorisation Transfers HDC Appeals

59

Jailbreak

Insidetime November 2009 www.insidetime.org

Please contact,

Aloysius or Sam at:

VLS Solicitors Gibson House 800 High Road London N17 0DH

0208 808 7999 Mobile 07940 728 166

aW L oN S i r P Prison Law Criminal Defence Family Child Care Contact Ffion Jones now at: ABM Solicitors 114 Chapel Walks Chapel Street Manchester M3 5DW

0161 839 2626 [email protected]

5. Ken Dodd

10.

Victoria Wood

60

Insidetime November 2009 www.insidetime.org

Jailbreak POWER BALLADS

Q S B A Y Y L T F O S E M G N I L L I K

U S L E G N A D N Y A N G T I P T R A M

F B E E Z A M A Z E D D C N N L E U F S

R P E V X F I Q G B A L H A I N O R E G

A H D N E V T N G N O S R U O Y S U O N

N T I G M R T N S U T S I R E S R N E I

O F N D U E G E D T L E F V B D F C F W

M J G A L S A R R E A V O A L F R R M T

A L L B Y M Y S E L F L P T C L O O N U

T U O C I E N D L E S S L O V E M E J O

T O V K H P S E S Y N P B O A Z T O M H

E Y E D R O S P A T X W O R D S H L N T

R T C G N I G W S I C B A L O D I A Y I

W U R H A M L B R E A T H E E A S Y E W

H O Y L R A J E U F R N M C X N M N L G

A H G P L L R I G T H G I N D O O G A N

T T O L M C A T A P E F H U R T M W D I

Z I I J I A D S X N L U L O E U E B O Y

T W H E N Y O U B E L I E V E S N R N L

I N M W S C E Q A U O S X B P K T G S F

General Knowledge Crossword

Across

Down

Check forward, backward and diagonally, they are all there! Thanks to Colin Norris HMP Frankland for compiling this wordsearch for us. If you fancy compiling one for us please just send it in max 20x20 grid & complete with answers shown on a grid. If we use it we will send you £5 as a thank you!

I T SUDOKU

FIND THE HIDDEN POWER BALLADS AGAINST ALL ODDS - CRYING - I WILL ALWAYS LOVE YOU ALL BY MYSELF - ENDLESS LOVE - KILLING ME SOFTLY - AMAZED EVERGREEN - NO MATTER WHAT - ANGELS - FLYING WITHOUT WINGS WITHOUT YOU - BLEEDING LOVE - GOODNIGHT GIRL - WHEN YOU BELIEVE BREATHE EASY - HELLO - YOUR SONG

 Answers to the crossword and sudoku below  > NEXT ISSUE Week commencing 30th November 2009 Nationwide Service Offices in London, Manchester & Birmingham

Don’tt Rot On Re Don ecall! ecall!

Specialists in Serious Crime with a track record of success Criminal Law Serious crime including murder, robbery, conspiracy, drugs cases (supply, production, conspiracy), complex and financial crime, all other Crown Court Offences Prison Law Dedicated Prison Law Team - Recall, Licence Conditions, IPP, Lifer Issues, Adjudications, Categorisation, CCRC and Appeals Personal Injury Accidents in prison or on the outside We do the work to get the results. We fight for our clients. No excuses. Just proper, professional service. New enquiries 87 Chorley Road, Manchester M27 4AA 0161 794 0088 or Freephone 0808 155 4870 www.marymonson.co.uk

Elgin House 106 St Mary Street CARD DIFF CF10 1DX

Jailbreak Answers

S O L I C I T O R S

The specialist in Criminal and Prison Law

The Specialist in Criminal Law 
Serious Crime 
Adjudications 
Appeals/CRCC Parole/Disciplinary • SERIOUS
CRIME • TERRORISM 
Prisoner Rights 
Tariff • DRUG TRAFFICKING • SERIOUS FRAUD 
Licence/Recall 
All other matters • CASH SEIZURES • Prison MONEYrelated LAUNDERING

No 6 - 30 calories

True or false

I T SUDOKU

General Knowledge Crossword

STOKOE PARTNERSHIP STOKOE PARTNERSHIP UNDER ARREST? SOLICITORS

The Stokoe Partnership is a franchised

Our business is to provide expert, rapid

advice, assistance representation firm of independent solictorsfor with including All languages catered Greek,andFrench, in all aspects of criminal investigation. branches in Manchester and London in criminal law. Spanish,specialising Urdu,only Panjabi, Bengali, Hindi and Chinese.

0161 237 5755

0161 237 5755 AVAILABLE – 24 HOURS

GENERAL KNOWLEDGE

MANCHESTER OFFICE: MANCHESTER OFFICE LONDON OFFICE: The 4040 City Road, Deansgate, Manchester,M15 M154QF 4QF TheBoatmans, Boatmans, City Road East, Manchester MANCHESTER OFFICE: The Boatmans, 40 City Road, Deansgate, Manchester, M15 4QF 646-648 High Road Leytonstone, London, E11 3AA

Quotes

LONDON OFFICE LONDON OFFICE:

You’re Not Alone

646-648 High RoadLeytonstone, Leytonstone, London, E11E11 3AA 3AA 646-648 High Road London, This Firm is aThis Member THE SPECIALIST FRAUD PANEL Firm is aofMember of THE SPECIALIST FRAUD PANEL Regulated by the Solicitors Regulatory Regulated by the Solicitors Regulatory Authority Authority

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

1. Lizard 2. Crimean War 3. Clangers 4. Austria 5. Paul Gauguin 6. December 7. Bark

8. 100 to 30 9. Single white female 10. India 11. Daniel Craig 12. Earl of Warwick 13. Boxing 14. Pointe shoes

15. Spandau Ballet 16. Anna Ford 17. Carol Smillie 18. Poland 19. Egypt 20. The Police