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If you would like to contribute to Mailbag, please send your letters (including your name, number Insidetime May 2015 2 Mailbag and prison) to ‘Mailbag’, Inside Time, Botley Mills, Botley, Southampton, Hampshire SO30 2GB. www.insidetime.org ‘This is a scandal!’ Star Letter of the Month ...... insidetime SAMSON McNAB - HMP a voice for prisoners 1990 - 2015 Congratulations and a £25 cash prize for this month’s Star Letter. ERLESTOKE the national newspaper for prisoners published by Inside Time Limited, a wholly owned subsidiary of subsequently contributed to a 69% increase The New Bridge Foundation, founded in 1956 to Peel the label off Editorial note: This is a question (part of a in the suicide rate of imprisoned people in create links between the offender and the community. longer Mailbag) that appeared in our April England and Wales (Inside Time, December Inside Time is wholly responsible for its editorial content. imprisoned people issue. Comments or complaints should be directed to the ...... 2014). Managing Editor and not to New Bridge. GARETH- HMP SHOTTS The question I would like you to put to NOMS Have we not learned the lessons of the is this ...Why have you designed a system for a © 1980s? Detention Centres were designed to not In the American penal system imprisoned prisoners calls (privileged or otherwise) that profit Board of Directors deliver a ‘short, sharp shock’ to young is so easily exploited by staff, law enforce- publication4 people are referred to, not as human beings, people in British prisons. The reality was a ment and, most probably, the intelligence but as ‘offenders’. Applying dehumanising series of institutions where youngsters were services, enabling potentially unlawful labels makes it acceptable to kill people. It is Trevor Grove - Former Editor Sunday Telegraph, brutalised. The 80% reoffending rate should interceptions to take place? Furthermore, are Journalist, Writer and serving Magistrate. far easier to describe strapping an ‘offender’ not have been a surprise. these the ‘...provisions for voluntary or ad hoc John Carter - Former international healthcare to a gurney and executing that offender by disclosure...’ in other words, breaching RIPA company Vice-President. lethal injection, than it is to acknowledge Geoff Hughes - Former Governor, Belmarsh prison. If you treat prisoners like animals in a cage 2000 and doing it illegally and in secret? that a person is, in fact, a human being. Eric McGraw - Former Director, New Bridge you cannot possibly expect to release them (1986-2002) and founder of Inside Time in 1990. back into society as well adjusted people. John D Roberts - Former Company Chairman and Dehumanising terms do not just apply to North of the border, prison staff, and even Managing Director employing ex-offenders. prisoners on Death Row. They are used to Writes Louise Shorter - Former producer, BBC Rough NHS staff have innocently adopted the describe everyone who is imprisoned. By Justice programme. ‘offender’ terminology. However, there is a © © removing a person’s humanity and labelling Alistair aH. E. Smith B.Sc F.C.A.a - Chartered growing realisation that decades of copying NOMS does take seriously obligations to Accountant,not Trustee and Treasurer,not New Bridge them as an ‘offender’, the prison authorities allow prisoners to discuss confi dential profit profit the American model of incarceration (via Foundation.4 publication4 are damaging the chance of rehabilitation matters with lawyers, and other confi dential service England) is not cost effective and does not because ‘offender’ is a present tense term organisations without fear of those conversa- serve to protect the Scottish public. which describes the imprisoned person as tions being recorded and/or monitored. perpetually offending, offensive and The Editorial Teama © In the recently published Organisational incorrigibly criminal. ‘Offenders’ by defi ni- In 2012, one of the reasons to move all not Review, it is clear that Scotland is looking profit tion will never be able to make reparations or prisoners on to the call enabling system was organisation4 toward the proven Scandinavian example of exist constructively within society. to protect confi dential communications. This ‘how to do’ prison and how to treat impris- is clear in PSI 24/2012. Paragraphs 3.31 - 3.36 oned people; the Scandinavian’s low rates of This terminology has also permeated our of that document set out what NOMS staff will recidivism validate this approach. In a recent society in Britain. Across the prison system do to safeguard confi dentiality but as we say speech, the Director of Sweden’s Prison and and increasingly highlighted in the media, the in paragraph 3.30, there remains a small risk Probation Service, Nils Oberg, appealed for a that a confi dential discussion will be recorded term ‘offender’ has become almost a byword penal system that ‘treats prisoners as and monitored. Rachel Billington OBE Eric McGraw for describing people who are in prison. human beings, not criminals’ (ibid). Novelist and Author and Managing Editor In terms of the HMCIP investigation, NOMS Journalist Labelling a group of people has the effect of Blavo Nov 2012_Blavo Dec 2008 red border PartSHADOW.qxd of our journey 13/11/2012 in Scotland 09:42 should Page include 1 will await the fi nal report, which is now due assigning them an identity. When this is a recognising that terminologies such as after the General Election. negative identity it could be categorised as ‘offender’ not only demean the person ‘Othering’; a social scientifi c for establishing described, but stigmatise the individual and NOMS can confi rm that the Interception of an inherently negatively valued identity. disregards any progress that imprisoned people Communications Commissioner’s Offi ce Initially a social identity, it quickly becomes may have made during their time in prison. (IOCCO) continues to inspect prisons and personal and potentially permanent (Making there is no suggestion whatsoever that the Social Lives, 2009, The Open University). interception regime is in breach of RIPA 2000 John Roberts Noel Smith During the late eighteenth century, Scotland was a hotbed of creative expression. The or otherwise illegal. Operations Director and Writer and former This allows the kind of right-wing punitive Company Secretary prisoner period became known as one of ‘Enlighten- measures that have been reintroduced into ment’ where liberal changes were imple- the English prison system (eg Legal Aid Editorial Assistants mented without fear of scepticism. The world restrictions, property limits - including Lucy Forde - Former prisoner education mentor watched and learned from Scotland. We Paul Sullivan - Former prisoner underwear/books and harsh conditions for hope there will come a day when Scotland the newly imprisoned), which may have Administration Assistant Sonia Miah can once more lead by example. 19 John Street Layout & Design Colin Matthews LONDON WC1N 2DL Correspondence Inside Time, Botley Mills, Botley, Southampton, Hampshire SO30 2GB. Accounts & Admin: Inside Time, P.O.Box 251, Hedge End, Hampshire SO30 4XJ. ON YOUR SIDE 0844 335 6483 / 01489 795945 [email protected] Being on your side is one thing. Fighting your corner is another. We do both. www.insidetime.org • Miscarriage of Justice experts • Defending false allegations • Crown Court advocacy 0207 025 2020 (24hrs) If you wish to reproduce or publish any of the content from in • CCRC applications • Prison law specialists • Parole applications • IPP and Lifer reviews Members of the Association of Prison Lawyers Inside Time, you should fi rst contact us for written permission. • Adjudications • Recalls • Sentence progression Full terms & conditions can be found on the website. Prison Law experts in: Subscribe We offer Legal Aid and Fixed Fees along with a nationwide service. • Adjudications • IPP • Parole For more information contact us using the details below. Inside Time is distributed free of charge throughout the • Recall • Lifer Reviews UK prison estate. It is available to other readers via a • HDC • Categorisation postal subscription service. 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Mailbag 3

Helping people who We are humans and not animals Contents need it the most ...... MR NEAL - HMP LINDHOLME Mailbag ...... pages 2-9 JASON GRANT - HMP HIGHDOWN I would like to bring to someone’s attention the conditions we are living in here in the seg at HMP ...... Lindholme. There are a few of us in the seg on GOAD and we have had no hot running water for 5 Newsround ...... pages 10-16 I am writing about the recently activated days now. I have personally seen the governor and the IMB and have also brought this to the ...... Offender Rehabilitation Act (ORA) that came attention of the doctor, but nobody seems that interested. We are human beings, not animals, Website Comments ...... page 17 into effect on the 1st of February 2015. I and should not have to survive like this. Can someone from NOMS please clarify that it is a human ...... would be the fi rst to say that people coming right to have hot running water (this is the 21st century, after all). Our cells are freezing and I’m Diary ...... pages 18-19 in and out of jail serving small sentences do sure there is also a rule on how warm the cells we are kept in should be? We have asked for need more and better help. However, whether long-johns but have been told to buy them ourselves (obviously none of us are working as we ...... or not these new provisions will help, I rather are in the seg). I have to sleep in my prison-issue tracksuit which gets changed once a week. You Strangeways 25th Anniversary doubt. The Probation Service is already would not keep a dog in these conditions. I have been down here three-and-a-half months waiting ...... pages 20-21 over-stretched and under-funded, so to now for a ship out. Can NOMS please tell us our rights on hot running water and the heating of cells? ...... add everyone who is serving a sentence of 2 Editorial note: This mailbag has been sent to NOMS for comment. Report on CCRC ...... page 22 days or more is without doubt absolutely ludicrous. Under these new provisions anyone ...... whose offence is committed after the 1st of ‘Thanks for Letters of support The Butler Trust Awards ...... page 23 February 2015 will now have a 12 month ...... supervision order starting at the halfway saving my life’ returned to senders Ombudsman ...... page 24 point or the usual release date. This, to me, ...... seems a very tall order. My own personal MICHAEL JAMES - Comment ...... pages 26-31 experience with the Probation Service is little JOHN CONNOLLY - HMP PARKHURST more than a weekly appointment consisting HMP NOTTINGHAM of a chat of nothing more than ‘So, how are Thank you for all the support I received after things going?’ And when I’ve asked for help Just recently I have had a health scare - my my polygraph letter appeared in the February of any kind it is always noted but little or left lung collapsed on the 10th of March and I issue. The response has been brilliant and my nothing is ever actually achieved. Also I spent 5 days at the QMC Hospital in Notting- family are also thankful for the support. usually have to wait 15 minutes after my ham. I would like to personally thank all the Unfortunately I have received a notice - PSI actual appointment time because of the sheer staff at HMP Nottingham who responded to the 2011/49 - stopping me from receiving letters volume of people waiting. incident - healthcare, wing staff, security, and of support from men and women in other the prison staff who were on bed-watch with prisons. The mail sent to me is returned to So, to now overwhelm a system that is me. I would like to thank all the staff and EMS sender unless I give the prison ‘prior notifi ca- actually already overstretched seems like paramedics at QMC Hospital for their care and tion’ of who is writing to me. But how am I to Should prisoners have the right to vote? utter madness! It would have made more support, especially the ICT staff and ENT staff know who is going to send me letters? I have (I have a permanent tracheotomy due to By Evie Pardoe ...... page 28 sense to have a selection process to select never been told of this rule before and wonder ...... offenders that need the top up supervision. cancer) and anybody else who helped me. A why it is being brought to my attention now. I Music ...... page 32 For example, someone going in and out of special thank you to the offi cer who radioed would hope that it is not because I am proving for healthcare and the paramedics, you prison again and again say for petty crimes that I am innocent? ...... like shoplifting, where they keep getting a probably saved my life. Faith in Prison ...... page 33 few weeks in sentences would benefi t from ...... the new provisions. But someone who has Education ...... page 34 made a one-off mistake and has been given a ...... short sentence as a wake-up call, I feel it would be a waste of time and money to give Drink and Drugs ...... page 35 this person a 12 month supervision order ...... when this resource would be better used on a Terry Waite Writes ...... page 36 recidivist. This kind of initiative needs to be ...... targeting the right people, but it seems (like Wellbeing ...... page 37 most government initiatives) to be ill thought out. What we need is a system in place to ...... actually help reduce offending behaviour The Rule Book ...... page 38 instead of a blanket policy...... Legal ...... pages 40-45 ...... emailaprisoner Legal Q&A ...... pages 46-47 The emailaprisoner service ...... enables family, friends, Reading Groups ...... page 48 solicitors and other organi- ...... Book Review ...... page 49 sations to send messages ...... to prisoners from any Inside Poetry ...... pages 50-51 computer. It’s faster than ...... 1st class post and costs Jailbreak ...... pages 52-55 less than a 2nd class stamp! ...... National Prison Radio ...... page 56 • Available in 98% of UK prisons. > LOOKING AHEAD • Smartphone App coming Soon! • June Film supplement If you would like to know more call: 03333 70 65 50 Views expressed in Inside Time are those of the authors and not necessarily repre- for further details or visit: sentative of those held by Inside Time or www.emailaprisoner.com the New Bridge Foundation. ›› Registered with EMAP ‹‹ If you would like to contribute to Mailbag, please send your letters (including your name, number Insidetime May 2015 4 Mailbag and prison) to ‘Mailbag’, Inside Time, Botley Mills, Botley, Southampton, Hampshire SO30 2GB. www.insidetime.org

Bullying in License recall What makes an illegal What role is a Scottish prisons ‘revolution’ immigrant probation officer ...... NAME WITHHELD - HMP LOW MOSS AMOAKO YAW - HMP CHELMSFORD supposed to fulfil? PAUL STELLATO - HMP RANBY ...... Bullying, whether it be verbal, physical, In August 2011, I arrived at Heathrow from LORRAINE ETHERINGTON - racial, sexual or religious is not acceptable, I would like to bring to your readers attention Ghana, West Africa. I had finished University A PRISONER’S PARTNER and those who take part in terrorising another the current case I have in Banbury County the previous year (Bsc In Marine and Fisheries person’s life should be ashamed of them- Court. I got the law changed in 2007 when I Science) and had completed a year of National I write with some disbelief, and a measure of selves. The Scottish Prison Service must find won the case about license Service with a very reputable institution as a disgust at the recent behaviour of a certain a way of managing bullying in their prisons. recall. I believe I am about to revolutionise research assistant. Once here I enrolled into Luton Probation officer. Despite having Many victims feel they don’t have a voice to recall for the following reasons - In recall the British army recruitment selection. After months to prepare for what is only a two- stand up to these bullies. I’ve witnessed and Probation use Part A and OASys, but if this almost a year of rigorous selection, I passed yearly sentence planning meeting, the experienced verbal bullying leading to violence with distinction and obtained a certificate to data is inaccurate or unfairly processed then probation officer still managed to arrive 45 which, if there had been a strategy in place, enlist into the army as a commonwealth minutes late for this meeting, by which time it violates the first principle of the Data might not have happened. It is tragic when national. My certificate, however, was held by the meeting had ended. She asked to see the another person attempts to commit suicide Protection Act 1998. the army and I was asked to undergo a further prisoner she represents, who declined the because they don’t feel they can talk just in medical examination. invitation and suggested that perhaps for the case they are then further bullied for being a In Karagozlu - v - Commissioner of Police of next two-year meeting, she could endeavour ‘grass’. This is disgraceful. the Metropolis [2006] EWCA - Civ 1691} the A specialist doctor was to give an opinion about to arrive on time. As a consequence of this What I have found helpful is to talk to another Court of Appeal ruled ‘loss of liberty’ is an an eye condition they had detected caused by tardiness, the prisoner was left without prisoner you trust and keep yourself in sight actionable damage for one tort, and it makes over exposure to sunlight. I had lived in Africa external representation at the meeting, and of staff so that if you are receiving verbal or no sense to say it is not damage on an ad hoc for 25 years so it is not surprising that my had no supporting paperwork from his probation officer. He was left feeling embar- physical abuse then staff can be aware. It may basis for other torts. Therefore, if Probation sight had suffered from the sun. Two weeks before my visa to remain in the country would rassed by her absence. This is totally unac- also be good to have a word with your personal file inaccurate data and you suffer loss of officer or a staff member that you trust. Never expire the army recruitment office told me I ceptable. liberty it is looking like you may claim for use verbal or physical violence in return could not start the basic training course. The because that just makes the situation worse. being recalled illegally or based on false data. medical expert’s opinion is that I would However, none of this came as much of a require cataract surgery within 3 years. So I surprise to the prisoner, who has not seen There is no excuse for bullying and being Granted I am using negligence and malfea- had my certificate withdrawn, my application this probation officer since the last sentence victimised doesn’t mean you should hide sance in the alternatives, but if I am success- to join the British army was unsuccessful. planning meeting, in September 2013. He has away. Raise awareness so that everyone ful, license recall may reward you damages. had no contact with her in two years, not even knows that bullying will not be tolerated. I felt so betrayed that after a whole year of so much as a letter of acknowledgement. As a Speak to an equality and diversity officer or By the end of this year we will have a full heavy training, running, press-ups, pull-ups lay person, I cannot help but wonder what your personal officer and ask how you could judgement, however, I hope this gives you etc I was prevented from joining the army on a role the probation officer is supposed to fulfil. raise awareness about bullying. ideas on how to fight an unjust system where condition that I had no knowledge or control How can a prisoner engage and have reports you can be illegally recalled for inaccurate Finally, for those of you who are being bullied, over. I was gutted. My faith was shaken and written about him by someone who is totally stand up, be proud and do something about reasons without redress. I look forward to the my view of life changed forever. I questioned absent? What worth can such reports have? it. Don’t give up or give in to bullies. final outcome. the humanity in the army’s harsh decision and The person serving on the hot plate could lost faith in this country’s sense of goodwill. probably muster a more accurate report of the prisoner than this probation officer. Before I knew it my visa had run out and I had Prisons warned that the Inspectors are coming become an illegal immigrant...... As a member of the public I am genuinely shocked by such tardiness and unprofession- With the sun still high in the African sky and NICK MONTAGUE - HMP BELMARSH alism by a public servant. Am I being a little having wasted a valuable year in this country, naive? Is this standard performance levels I decided to stay and find some work. I did I am in HMP Belmarsh serving a 20 month sentence and as a first-timer in prison I am shocked at from the Probation Service? Perhaps there are menial jobs like cleaning toilets, warehouse how badly prisoners are treated. Prison is a disgrace. Health care is inadequate, cleanliness and other prisoners out there suffering a similar work, etc and lived like a pauper for 2 years. sanitation are almost non-existent, prisoners are constantly left hungry due to food budget disservice. Should this be the case, I would Life became unbearable for me in this cuts, and the list goes on. encourage people to write a letter of country. I obtained a fake European passport The thing that really grinds my gears though is the fact that prisons are warned when they are complaint to Probation Director Colin Allars, in order to get a decent job as I had expertise 7th Floor, Clive House, Petty France, SW1H about to have an inspection from HMCIP and suddenly there are people rushing around in the conservation of aquatic and marine cleaning, painting over graffiti and putting up nice pictures that make the prison look friendly 9EX. My hope is that such poor service can be wildlife, but I needed a National Insurance and welcoming. As soon as the inspectors are gone all the effort stops and everything goes investigated and eradicated, for the greater number and I got arrested at the Jobcentre downhill again. I don’t understand how anyone can take these inspection reports seriously good of the prisoner and the public. trying to obtain a National Insurance number when the establishment is given a ‘heads-up’ that the inspectors are coming. It is like going to a with my fake passport. That was on December fast food restaurant that is known for food poisoning and telling them to improve their Editorial note: Inside Time attempted to elicit 3rd and I have been in prison ever since. I standards temporarily because the health inspectors are going to visit next week! The inspec- a response on this matter. Neither Luton hope my story will give British people an tion here at Belmarsh was carried out on the 2nd of February and I am really looking forward to Probation, or the MoJ Press Office responded insight into what makes an illegal immigrant. the report because I know it’s going to make me laugh! to a request for an explanation.

We are local to: HMYOI AYLESBURY & HMPs BULLINGDON, Scott-Moncrieff & Associates GRENDON, WOODHILL, READING and SPRINGHILL but Nationwide Prison Law Experts and Solicitors Pickup & Scott Solicitors also cover many other prisons. We cover all aspects of Prison Law • Life Sentences • IPPs • Parole Hearings • Recalls • Adjudications • VPs • Immigration issues Contact: Anna DePlease La Mare, contact: Harleena Johal-Basi, Simon GreenMaria or Villarico Alexander or Brown at: PICKUPPICKUP & &SCOTT SCOTT SOLICITORS SOLICITORS Call: 0207 841 1099 6 Bourbon6 Bourbon Street Street ~ ~ Aylesbury Aylesbury ~ ~ Bucks Bucks ~ HP20~ HP20 2RR 2RR 01296 397 794 01296 397 794 Or write to: Scomo, 88 Kingsway, Holborn, London WC2B 6AA Members of the Association of Prison Lawyers Insidetime May 2015 If you would like to contribute to Mailbag, please send your letters (including your name, number www.insidetime.org and prison) to ‘Mailbag’, Inside Time, Botley Mills, Botley, Southampton, Hampshire SO30 2GB. Mailbag 5

‘No faith in the Governor or Prisons Ombudsman’ ...... DAVE E FERGUSON - HMP WAKEFIELD

Recently a prisoner here at Wakefield received as in the case I have evidenced, then they are a response to a Freedom of Information Act not fit for purpose. The time has now come for request, in which he requested the figures for a nationwide census of prisoners to determine Category A prisoners who were de-catego- whether the Prisons Ombudsman is an rised at the 5 dispersal high security prisons. organisation that prisoners have faith in or not. The figures were as follows;

A B C HMP Long Lartin 134 45 31 HMP Whitemoor 160 18 11 The PPO’s job is to investigate complaints HMP Full Sutton 180 11 7 from individual prisoners about the way they HMP Frankland 241 7 5 have personally been treated. Last year we HMP Wakefield 143 5 3 A) Number Cat A’s B) Recommended for investigated more than 2000 such complaints. downgrade C) Approved by C.A.R.T This included 140 investigations into complaints from prisoners about their categorisation or re-categorisation - and in about a quarter of © shou1129 - Fotolia Owing to the huge and very obvious disparity in the figures between Wakefield and Long these cases we found in favour of the prisoner. Lartin, I submitted a complaint to the Mr Ferguson’s complaint was not about his Politicians for sale Governor of Wakefield asking; own categorisation, but about categorisation ...... 1) Why Wakefield is vastly underperforming in generally. That is why we told him we could achieving the de-categorisation of its Category DEREK ARNOLD - HMP FORD not accept it for investigation. The question A prisoners in comparison to Long Lartin? he has raised about different re-categorisation 2) Why has Wakefield failed to ever achieve rates could only be answered by a wide-ranging ‘I didn’t do anything wrong, I may have made errors of judgement, we all make errors of the de-categorisation of any of its Category A research project. That is not the PPO’s role. judgement because we’re all human after all’ lifer prisoners who maintain their innocence? Sir , February 2015 Over the last few years, however, we have Despite mandatory PSI rules requiring that investigated a total of 70 complaints from Mr Now why didn’t I think of that? , one of the mean-spirited architects of legislation that both questions receive a fully explained and Ferguson, with another five currently awaiting has done so much to undermine democracy has finally revealed his true colours. Undercover detailed response, the Governor gave an assessment or investigation. That hardly reporters from ’s Despatches programme released secret film showing Straw selling arbitrary reply stating that he was ‘satisfied’ suggests we are refusing to do our job. his position of power to the highest bidders. So too, Sir Malcolm Rifkind who has at least had that his local advisory panel were performing the decency to resign from his publicly paid position in Whitehall. their duties as required. Mr Ferguson suggests that there should be a ‘census’ to see what prisoners think of the Straw’s previous partner in crime, (himself caught illegally hiring immigrant Owing to this avoidance and clear infringement PPO. We agree that it is very important that nannies) have proved without a shadow of a doubt that while these people sit in their ivory of PSI mandatory requirements, I sent my complaint we understand what complainants want from towers passing Acts of Parliament designed to swell government coffers, they themselves make to the Prisons Ombudsman for investigation. the PPO and how we can improve the service the rules by which they have to abide and can walk away, scot-free, if caught in the act of They refused to do so. I appealed this decision we provide. For that reason we have been breaking those rules. and again they refused. I have now sent the whole issue to my MP for it to be referred to carrying out a survey of complainants each These people who prostitute their position of power for a few extra quid while ignoring the the Parliamentary Ombudsman. month since 2012. The Ombudsman, Nigel duties inherent in their tax-payer funded day job, simply deny the truth and squirm on the hook Newcomen, talks about the latest results in they themselves devised and refuse to admit the truth while desperately holding onto that power. If the Prisons Ombudsman refuses to do its job, his article later in this month’s Inside Time. and refuses to call prisons and their governors Broken laws for most of us but only broken rules that carry no real penalty for them - is this to account when they blatantly breach mandatory Elizabeth Moody - Deputy Ombudsman equality under law? Is this justice? Is this right? PSI requirements, or significantly underperformBlackfords new ad 24.1.14:Layout 1 24/1/14The Ombudsman 12:59 Page 1 writes page 24

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‘NOMS not fulfilling ‘Plaiting fog is easier their lawful duties’ than dealing with HMP ...... SAMSON McNAB - HMP SWALESIDE Littlehey!’ ...... Why is it that when I make a Freedom of MRS JENNIFER LINDORES - Information (FOI) request asking ‘How many STAFFORD applications to intercept legally privileged calls has the Chief Executive of NOMS We hear repeatedly in the media of the authorised between 2011 and 2014, and at wonderful, sheltered and pampered life that what establishments in England & Wales’? I prisoners lead with all the technological never receive any response whatsoever from luxuries possible. I wonder in which establish- the Data Access Compliance Unit at the ments this is actually happening, because I Ministry of Justice (MoJ)? Despite responding can tell you that this is definitely not the case to other requests and other correspondence, I at HMP Littlehey. I am reliably informed that find it highly peculiar that in respect of this ‘Wear it Pink’ the lifts at Littlehey have been out of use for specific request the MoJ have ignored approxi- ...... about 3 weeks, meaning that my friend who is mately 4 or 5 letters asking about an update SARAH SUMMERFIELD - HMP BRONZEFIELD physically unable to climb stairs has missed posted by me through December and January. various medical appointments and a much Could you please ask NOMS why they are not I am writing on behalf of the ladies here who took part in the sponsored walk around the courtyard needed dental appointment. The washing fulfilling their lawful duties under the Freedom on the 25th of October 2014 in aid of the ‘Wear it Pink’ breast cancer appeal. We walked around machine and dryer at the prison has broken of Information Act 2000, and what is the the yard 50 times and wore pink dressing gowns, PJs, tops and onesies. The walk took around down so it is not possible to have clean answer to the question I’ve lodged under the two-and-a-half hours but we all completed it. As well as the walk some of the ladies knitted and clothes. Prisoners are discouraged from Act? By law, I should have received a response beaded key rings, purses and badges, and others baked cakes and shortbread to sell. We raised making purchases like ink cartridges for word within 20 days. That legal time-frame has long over £1000 for breast cancer and had plenty of fun doing it. We have also raised around £350 processors from anywhere but ‘official since passed. Answers please. for Children in Need by selling cakes. We may be in prison but that doesn’t mean we don’t care. suppliers’, like Amazon. When prison authorities are asked for help with obtaining replacement parts for the old and virtually Writes ‘Smoking ban in prisons is a minefield’ obsolete word processors that they are ...... allowed in possession the requests hit a MARK D - HMP EDINBURGH blank wall. Requests for information are NOMS takes seriously its duty to respond to ignored or they tell you that what you want is Freedom of Information Act requests. Your available from Amazon, when it quite requests are not being ignored but the I would like to comment on the proposed smoking ban that is supposed to be coming to prisons. The prison system has absolutely failed to keep drugs out of prisons, let alone mobile phones, obviously is not. I have been trying to subject matter is sensitive and therefore organise a replacement printer head for my exemptions may apply. I am aware that one so just how do they think they will be able to police a smoking ban? This will now put staff under pressure to look for even more contraband. And there can be no doubt that there are prisoners friend for several months but plaiting fog request has been answered, which led to you would be easier! What has happened to these submitting a request for an Internal Review. and a proportion of staff who are now set to make a small fortune dealing in contraband tobacco. Why are those in charge of the prison system determined to send it back to the 1970s people that they are so vindictive and Other requests you have made will be uncaring? answered as quickly as possible. Borstal system when ‘tobacco barons’ ruled?

Preventation is always better than cure however it seems even harder to apply the sentiment when IT’S THE BEST you’re in prison. The reported cases of clinical and dental negligence during confinement is on the increase. Whether it is due to a lack of resources or inept practitioning there CURE FOR is no excuse if your health has suffered physically or mentally, as a result you could be due 1000’s of pounds in compensation. Negligence may not just affect you now it could have painful or expensive MEDICAL repercussions far into the future which is why you need expert, experienced advice to secure the compensation which is due to YOU. NEGLIGENCE, As one of the countries leading personal injury lawyers Michael Jefferies have been successfully representing prisoners in cases of clinical and dental negligence for many years. We have won AND WE’LL compensation from 100’s to 1000’s of pounds all on a NO WIN NO FEE basis.

If you feel you’ve been badly treated, misdiagnosed or kept waiting for an unacceptable amount of time GET WHAT’S contact us now and we will get the compensation DUE TO YOU you deserve.

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M N write to us at: Jefferies Solicitors Limited I Ashley House I Ashley Road I Altrincham I Cheshire I WA14 2DW Insidetime May 2015 If you would like to contribute to Mailbag, please send your letters (including your name, number www.insidetime.org and prison) to ‘Mailbag’, Inside Time, Botley Mills, Botley, Southampton, Hampshire SO30 2GB. Mailbag 7 ‘Approved premises The porcelain slop ‘Pensions are not Mail withheld useless for preventing bucket Government money’ at HMP Oakwood ...... crime’ A SCAIFE - HMP BUCKLEY HALL JOHN PALMER - HMP CHANNINGS ...... A PRISONER’S PARTNER WOOD ROB EVANS - HMP ALTCOURSE Since the prison system supposedly ended I am writing as my partner is having his mail slopping-out (though we all know that’s not The House of Lords, in R-v-Secretary of State withheld. I sent his postal order (posted 9th There are currently 102 approved premises true in some prisons even today!) they have for Work and Pensions, ex-parte Carson [2005] March) along with a letter, a card and a clipping (hostels) in England and Wales, each with replaced it with something equally degrading affirmed the previous judgement of the from the local paper. The clipping was a letter running costs of well in excess of a million - it is white and in full view of any prison pounds per year. Research and performance European Court of Human Rights, that a state officer, male or female, they call it a toilet that was about the healthcare within HMP data has shown that approved premises do pension is a ‘possession’ of the citizen. In bowl. The sanitation facility here has no Oakwood and was sent anonymously by not prevent reoffending, they only inhibit it, ie short, the money in a state pension is owned screen, cannot be flushed between the hours someone who worked there. I thought it if a person is predisposed to go on to reoffend by the citizen, not by the government. It is a of 10pm and 7.30am, nor can the taps on the would be of interest to him so sent it. they will do it regardless of where they are statutory loan by citizens, of their money, to sink be used between those hours. This is due being held. the government upon condition that it is to the fact that the toilet needs to be flushed However he still to this point has not been repaid weekly during the citizen’s retirement. For anybody who should suffer the misfortune at least twice to clear away. The noise it given his mail (Sunday 22nd March), though makes is so loud that it wakes a third of the and find themselves held captive in one of The government has defaulted upon has had his postal order. I have made three wing, the noise from turning on the taps these de facto external prisons that masquer- repayment to those retired citizens in prison. phone calls and nobody is willing to answer ade under the guise of ‘approved premises’, wakes the whole wing! Prison staff make it The idea that it is some kind of ‘benefit’ that why his mail is being withheld, some of the you will quickly discover that you are 10 times clear that you cannot use these facilities the government may choose to withhold if staff are rude/unhelpful to say the least. I more likely to be breached on your license and between these hours. The only change to they wish is some kind of smokescreen. When have been made to feel as though, as the recalled to prison. They set you up to fail from ‘slop-out’ here at Buckley Hall is that you citizens place their money in a bank they partner of an inmate, I am guilty by associa- the outset. From the moment you arrive at don’t have to carry your pot along the landing retain ownership of the money, it does not fall tion I think you’d say. your new prison without bars you will find to a sluice. yourself subjected to a punitive regime, all into the ownership of the bank. It is the same designed and tailor-made to suck every last with loans to the government. My partner has also had mail stopped from an The Certified Normal Accommodation vestige of lifeblood and soul out of you that inmate he has corresponded with for a few Certificate has to be signed off to prove that being a guest of HMP had failed to extract. Interference by the government with a cells are fit for habitation and meets the years, again no reason given and I only know You will be forced to complete 22 hours of possession of the citizen is a Human Rights acceptable level. To make matters worse the as his daughter has told me he had written. so-called ‘structural activities’ each week, violation under Article 1 in Protocol 1 to the staff have been having a lot of ‘staff training’ We totally understand that there are rules and which in my particular case consisted of Convention. Bad enough that the government days and prisoners are forced to eat their procedures to be followed but it’s beginning playing with plasticine, making frogs out of violates human rights by stopping prisoners meals in cell. The rules state that no one to seem as if they are made up. Why aren’t paper, decorating ‘value’ cupcakes with icing from voting, but to take retired prisoners should be forced to eat in sight of an open inmates informed of changes to processes? sugar and a plethora of other mind-numbingly hard-earned money contrary to law is beyond boring activities. Failure to comply will result sewer point (the toilet), but since the removal the pale. in - you guessed it! - breached!!! of legal aid for prison related breaches of law My partner is an enhanced inmate and has or PSIs, prisons feel as though they’ve been The government does not take the money of worked hard to maintain that status, he Little do you know but you are already given the green light to do as they damn well younger prisoners but simply discriminates doesn’t get into trouble and keeps himself to halfway to your recall without even realising like in the knowledge they cannot be chal- against prisoners aged 65 plus, which is himself, but it is like they want a reaction. If it. Your every move, your every comment is lenged in court. A simple question for NOMS: discrimination by age. Retired prisoners the clipping was a security issue take it out, heard and observed and is winging its way via - is it legal for prisoners to be forced to eat should sue the government for defaulting in why do they need to withhold the letter and email to the angel of death - your Offender meals in cells less than 3 feet from a toilet? Manager. You stare forlornly out of your their repayments. I cannot believe that some card too? Why have they withheld letters from approved premises bedroom window, across enterprising lawyer has not jumped on this another inmate? The clipping was a matter of no-man’s-land represented by the hostel entirely winnable case. public record and surely not a security issue? boundary wall. You have a widescreen view of Writes happy-land beyond, you can see freedom, you can smell it, you feel as if you can almost reach All cells at HMP Buckley Hall have internal DAVIES & JONES RODMAN PEARCE out and touch it but you cannot participate. sanitation and all double cells have a privacy SOLICITORS SOLICITORS But don’t feel too bad my friend, YOU have not curtain provided. There is no prison instruc- FIGHTING FOR YOU !!! tion in place to prevent prisoners using their failed. It is the SYSTEM that has failed you. Alas, Specialising in Experienced representation in you were set up to fail from the start. So the sink and toilet facilities during lock up system is milking millions of pounds from the periods. Criminal Defence and Criminal Defence, Prison Law and Immigration Matters taxpayer in order to send you back to prison Prison Law 4 On staff training days all prisoners are All Criminal Courts Proceedings & Appeals (not for further crimes!) Where you will cost O f f e r i n g the taxpayer more obscene amounts of money. unlocked prior to lunch to enable them to eat 4 Parole Hearings 4 Contested Recall Approved premises? Waste of time and money! on the unit outside their cell. Nationwide Service 4 Judicial Reviews 4 Sentence Calculation 4Lifer Panel and Adjudication Representation • All Criminal Court Proceedings 4 Appeals Against Deportation 4Inadequate Medication for your Illness J C HUGHES • Parole Applications Solicitors For Scotland 4Inadequate Mobility Equipment for a Disability • Licence Recall 4 Unlawful Detention/Bail Applications

• Criminal Defence Experts • Criminal Appeals • Appeals 4 Prison Injury, Medical & 4 • Parole Board Representation (Oral and Paper Hearings) • Adjudications Dental Negligence Experts If you are injured in prison you can win thousands of pounds. • Prison Law • Family Law Contact Prison injuries could be caused in the gym, scalding in the kitchen, falling from a bunk, slip on wet floor, stabbed by inmates, Write to: David Rees or Simon Palmer trip on broken tile, injury in workshop, injury on excercise, ‘Freepost’ J C Hughes Glasgow assaulted by staff or other inmates. (no stamp required) Davies & Jones -Nationwide Service- or Call us FREE on 32 The Parade, Roath, Barry Akilo or Christine Ayanbadejo 0800 279 3090 ( 2 4 h r s ) Cardiff, CF24 3AD 01582 424234 www.jchughes.net or write to: Tel: 029 2046 5296 Rodman Pearce Solicitors Ltd TIP THE SCALES OF JUSTICE IN YOUR FAVOUR or 24 Hour Emergency Number: 54 Wellington Street 079 7096 9357 Luton Bedfordshire LU1 2QH If you would like to contribute to Mailbag, please send your letters (including your name, number Insidetime May 2015 8 Mailbag and prison) to ‘Mailbag’, Inside Time, Botley Mills, Botley, Southampton, Hampshire SO30 2GB. www.insidetime.org

are deliberately misinterpreting this passage Telling it like it is to keep IPP and Lifer prisoners from undertak- ...... ing OU studies. JOHN BOWDEN - HMP SHOTTS My deepest thank you to Sarah Baker for writing the excellent piece in the February issue of Rod Clark, Prisoners’ Education Inside Time (Fear, Brutality and secrecy’), which described with factual truth and accuracy a Trust, Chief Executive, Writes reality that existed in many prisons during the 1980s, in particular. The days when an almost occupational culture prevailed amongst a sizeable group of prison officers that encouraged the PET cannot comment on individual cases as unlawful use of violence against prisoners. Such violence was usually the symptom of a mind-set we do not know all the circumstances. But we that considered it perfectly acceptable to teach prisoner ‘troublemakers’ a lesson in who’s boss © rosinka79 - Fotolia can confirm the correspondent’s understand- and knowing their true place in terms of their relationship with prison staff. Violence was also ing of the rules. Provided other eligibility used by prison officers as a sadistic form of group enforcement for a great many of them. criteria are satisfied(for example if they haven’t already had a student loan and are In some jails, where staff violence against prisoners was endemic and almost routine, the active Prisoners receiving ready for that level of study), prisoners collusion of governors, doctors and those whose role it was to supposedly monitor the treatment serving indeterminate (IPP) sentences with of prisoners on behalf of the community, the so-called Board of Visitors (BOV), now rebranded wrong information six years or less remaining from the end of as Monitoring Board (IMB), actually ensured it went unpunished and unhindered. the tariff can apply for loans from the Student Indeed it was often the well-justified belief and assumption on the part of prison officers who about student loans Loan Company. perpetrated such unlawful violence that their behaviour would be covered up by governors, doctors ...... and the BOV. That blind eye encouraged such criminal behaviour by prison officers. This was A FRIEND OF A PRISONER Under the Prison Service Instruction, no certainly the conclusion reached by an enquiry into staff violence in the Segregation Unit at HMP prisoner is allowed to apply for student Wormwood Scrubs during the late 1980s; a group of prison officers would finally face prosecution I have become aware that indeterminate funding for a degree unless the course they and trial for seriously assaulting prisoners following the release of a prisoner from the Scrubs sentenced prisoners at HMP Whatton and apply for starts within six years of their who then immediately reported what was going on in the jail’s segregation unit to the police. possibly at other prisons are being told that earliest date of release. For IPP prisoners, this the Student Loan Company will not fund is taken to be the end of their tariff. During the 1980s I spent 4 years on the ‘ghost train’ (a prison colloquialism for the Continuous indeterminate sentenced prisoners. This We believe all prisoners should be supported Assessment Circuit whereby ‘troublemakers’ would be transferred between various segregation appears to arise from a statement made by to reach their potential through education units) and the experience provided me with a detailed knowledge, based on personal and direct the Student Loan Company that a prisoner and therefore we encourage prisons to enable experience, of which prisons were characterised by a culture of staff violence. Being received must be within six years of their release date people serving indeterminate sentences to into jails such as Wandsworth, Leeds, Birmingham, etc as a ‘known troublemaker’ would to receive a student loan to study with the study degrees and apply for student loans if inevitably result in being welcomed by a reception committee of segregation-unit staff, often Open University. half drunk, who were keen to administer a very painful lesson in compliance and obedience. they want to. This is a misinterpretation of the rules set out In 1989 I pursued a successful legal/civil action against the Prison Department following a Focusing on study can be particularly in PSI 32/2012, which states that the 1st day serious and sustained assault on me by staff in the segregation unit at Birmingham prison. In its important for people serving IPP sentences, of the year in which the course starts must be judgement the Court expressed deep concerns that all levels of staff at the jail, governors, as Open University student Patrick writes: ‘As within six years of the prisoner’s earliest release doctors, etc were clearly complicit in covering up the assault on behalf of a gang of prison a long serving IPP prisoner I don’t have a date. The regulation then goes on to state that officers who the judgement described as being ‘apparently out of control’. release date to aim for so I need other goals for indeterminate sentenced prisoners the to aim for and keep me going year after year The use of unlawful violence to control and punish prisoners is seemingly not as prevalent as it earliest release date is the end of tariff. once was, although increased levels of suicide and self-harm would suggest that the psycho- in prison. These goals are education. I have logical brutalisation of prisoners continues to characterise many prison regimes. Again, I want From what I have been able to establish, it completed over 35 prison education and to thank Sarah Baker for her article, it must have been quite emotionally painful for her to appears that parties within the prison distance learning courses in prison. describe what was clearly a personal experience, but hopefully it was a degree cathartic too. establishment and the Student Loan Company Education gives my days meaning.’ CriminalCriminal AppealsAppeals Ledgisters Solicitors ledgisterOffices in London and fÉÄ|v|àÉÜá An exclusively criminal practice offering a nationwideAn exclusively service criminal to those practice wishing offering to have a nationwidetheir conviction service or to sentence those wishing reviewed. to have their conviction or sentence reviewed. If you feel there has been a miscarriage of If you feel there has been a miscarriage of justice,justice ,are are considering considering an an appeal appeal andand/or /or requirerequire aa secondsecond opinion onon youryour appealappeal prospects,prospects, call call our Roy Appeals Ledgister Department now on: on: 0200161 8746 920 11229727 35 Warple Way London W3 0RX 4, The Lanchesters, 162-164 Fulham Palace 40Road, Princess Hammersmith, Street, Manchester London W6 M1 9ER 6DE

“Together,“Together, wewe shallshall pursuepursue justice”justice” Regulated by the Solicitors Regulation Authority Contracted with the Legal Aid Agency Insidetime May 2015 If you would like to contribute to Mailbag, please send your letters (including your name, number www.insidetime.org and prison) to ‘Mailbag’, Inside Time, Botley Mills, Botley, Southampton, Hampshire SO30 2GB. Mailbag 9 ‘Disturbing revelations’ in Scottish CCRC The prisoners who can ‘Very upset at ...... GRAHAM GORDON, ABERDEEN, SCOTLAND vote! NOMS response’ ...... For many litigants in Scotland, a review of a miscarriage of justice application by the Scottish SARAH BAKER - HMP LEWES HOWARD WOODIN - HMP COLDINGLEY Criminal Cases Review Commission is perhaps the last chance to overturn an unsound or unsafe conviction. But there are several disturbing revelations from the SCCRC’s corporate governance As one of the first handful of prisoners to Re my letter in the April 2015 issue of the paper, publication scheme which deliver unease in the way this truth finding body are operating. challenge the Ministry of Justice on prisoners page 6 ‘Blanket policy’, I am very upset at the voting rights, I am outraged that I am still not NOMS response to my claim of a blanket policy First of all, within Board Minutes there was a need to agree as a matter of policy at the next allowed to vote, years after I started my first of opening legal mail and their reply is not meeting if court transcripts should be obtained in cases whereby it had been claimed there was legal challenge. All over HMP Lewes, notices truthful. What I said in that letter is the TRUTH insufficiency of evidence. This was never discussed, let alone agreed. The SCCRC have issued a have been put up telling us that during the - the Governor here gave me £50 in compensation decision whereby it’s how the evidence “transpired” that counts and this raises a legitimate forthcoming General Election the only and is bringing in new procedures on incoming question, “How can they measure or ascertain this without these documents?” prisoners allowed to vote will be - legal mail. I now ask the Regional Manager Secondly, in the Cadder illegal detention and questioning case the SCCRC have minuted they who answered my letter to kindly apologise neither properly discussed or agreed policy, which is an alarming state of affairs for a body that 1) Un-convicted prisoners; for his errors and untruthful response. professes to be the ‘champions of miscarriages of justice’ in Scotland. 2) Convicted but Un-sentenced prisoners; 3) Fine Defaulters; Editorial note: This mailbag has been sent to Finally, it has now come to light that a Crown and Procurator Fiscal’s Office employee (a Fiscal) 4) Prisoners serving sentences for Contempt NOMS for comment. worked on secondment to the SCCRC for a period of 3 1/ years from 2004 as a Case Officer/ 2 of Court. Legal Officer, responsible for the day to day investigation and review of cases, when his employer opposed SCCRC referrals back to the Court of Appeal. In terms of the SCCRC’s NOTICE BOARD So, if a hypothetical prisoner is awaiting structural independence this does not deliver miscarriages of justice being processed without sentence for ANY offence, from shoplifting to any ‘appearance’ of impartiality and bias to the COPFS. PHSO address murder, then they will be allowed to vote until In the March issue on page 4 it was suggested I hope Inside Time readers agree that the above revelations do the polar opposite and deliver a their sentence has been passed. Yet this that readers write to the Parliamentary and far too cosy relationship between the COPFS and SCCRC, when the SCCRC have published no decision seems to fly in the face of all those Health Service Ombudsman (PHSO) but no member of the Crown can influence their reviews. who feel that giving voting rights to ALL address was given. Please write to: The Parlia- Bob Woffinden writes front page and page 22 prisoners is just a step too far for our mentary and Health Service Ombudsman, increasingly right-wing country to take. In Millbank Tower, Millbank, London SW1P 4QP. ‘Thanks to HMP Oakwood’ spite of all attempts to strip prisoners of any ...... of the few rights that we currently have, hundreds of murderers, rapists, paedophiles, Travellers Times ROBERT COLCOUGH - HMP OAKWOOD burglars, etc are now able to vote, at least Inside Time has copies of the until they are sentenced. latest Travellers Times. If you Just a few words of thanks to all the staff at HMP Oakwood (especially Rev David) for arranging would like one and to be included for me to attend my dad’s funeral when he passed away recently. Serving a sentence while a Until the last breath has left my body I will on future mailing lists please close relative passes is punishment that the tabloids never write about but the people who have continue to fight for prisoners rights. At a time write to us at the usual address. been through this will understand how I feel right now. My thanks go out to those people, like when prisoners have allowed the Prison Rev David, who helped me through this difficult time and for all the understanding and kind Service to slowly claw back any hard-won words. Thanks also to the governor of Oakwood for allowing me the time out to spend with my rights that we had, it is even more important family at this sad time. Not everything about HMP Oakwood is bad. that we continue to use all legal means at our disposal to ensure that the MoJ’s covert attempts to undermine any rehabilitation programmes are thwarted.

It seems that the prison system is deluded in ARC LAW thinking it has control over its 80,000+ ASSET RECOVERY, RESTRAINT & CONFISCATION LAWYERS prisoners. It has only been able to function st with our consent and the time is fast Father’s Day 21 June As the asset recovery and confiscation arm of Rahman Ravelli approaching when that will be withdrawn. When I consider the pain and suffering that Send your message (20 words max) to Solicitors, a leading nationwide niche practice, ARC offers women went through in order to be able to get Inside Time and we will publish as many expertise, proactive and forceful representation the right to vote, I am under no illusion that as possible in a special Father’s Day section gaining all prisoners the right to vote will only in the June issue. All messages received together with a track record of success. be won by long-winded litigious means with will appear on our website. Include the name and address of your dad and he will CONFISCATION the only viable alternatives being substantial organised protest with the possibility of receive a copy of the newspaper. Entries • We have sucessfully challanged one of the UK’s largest ever confiscation orders and reduced bloodshed. must be sent to Inside Time ‘Father’s Day’ the relevant amounts by over £10 million. Botley Mills, Botley, Hampshire SO30 Should prisoners have the right to vote? 2GB. Closing date 28th May and don’t • Our unique approach has helped our clients retain assets worth tens of millions of pounds. page 28 forget to include your full details too. • Our tactical response to a Prosecutor’s ‘Statement of Information’ is the way to strike back in the assets battle.

• We have the specialist expertise, skill and knowledge required to deal with hidden assets, PROBLEM? WE CAN HANDLE IT! tainted gifts, rights of spouses, third parties, RESTRAINT ORDERS We guarantee a prompt response, friendly advice and thoroughly • These can be crippling if not handled carefully - we have the required experience and expertise. reliable representation from an experienced team. CIVIL RECOVERY Parole Hearings, Judicial Reviews, • We are one of the few UK firms to have dealt with these high court proceedings since Part V Recalls, Adjudications, & Categorisation Reviews POCA 2002 came into force. Expertise of dealing with Property Freezing Orders (PFOs) and We are Criminal and Prison Law Specialists Interim Recieving Orders (IROs) etc The latest video link interview facilities are available to speed up the Please contact us for a no obligation assesment processes and avoid delay in having your concerns addressed. ARC Law, Rahman Ravelli Solicitors, Roma House, 59 Pellon Lane, Halifax HX1 5BE Write to Mark Bailey Bailey Nicholson Grayson Solicitors 0208 418 2909 01422 346666 15 Bourne Court Southend Road For a prompt service throughout the www.rahmanravelli.co.uk Ilford Essex IG8 8HD midlands and the south of England

or call 01689 886300 Insidetime May 2015 10 Newsround www.insidetime.org

the majority of the more serious incidents were down to a small number of women. There were good relationships between prisoners and staff and the safe environment THE INSPECTOR CALLS ... was supported by prisoner peer workers and the prison safety hub.

Nick Hardwick - HM Chief Inspector of Prisons Vulnerable women and those who self-harmed were well cared for and the separate Dove Inside Time highlights areas of good and bad practice, along with Centre provided a ‘caring and supportive a summary of prisoner survey responses at HMPs Guys Marsh and HMP Styal respite’ for those with more complex needs. Closed female prison Styal. These extracts are taken from the most recent Reports pub- Managed by HMPS A sense of independence and responsibility lished by HM Inspectorate of Prisons. CNA: 450 was encouraged by the need to visit various Population: 438 ‘hubs’ for information, support or to access Prisons said; ‘Managers and staff had all but Announced Full Inspection: 3-14 Nov staff, although Inspectors said that, for some lost control of HMP Guys Marsh.’ 2014 Published: 24th March 2015 women, more regular routine contact with Last inspection: July 2011 staff was still needed. Inspectors said; ‘Levels of violence were very high and prisoners were frightened, hiding in ‘A successful women’s prison’ Learning skills work, rehabilitation and reset- squalid cells with abuse shouted through the tlement were also ‘well supported’ and ‘effective’. doors; drug taking was rife, gangs operated 5.9% Recall 15.5% Remand 50.5% openly within the prison; there were frequent Sentenced to less than a year 18% Lost Inspectors were concerned that ‘some women ‘incidents’ by men who sought the safety of with severe mental health issues and related property on arrival 76% Treated well in the Segregation Unit; there were high levels of challenging behaviour were held in Segrega- Reception 47% Had legal letters opened bullying and self-harm; training provision had tion, and more thought needed to be given to HMP Guys Marsh deteriorated and learning and skills work was 66% Food is bad or very bad 39% Don’t how these women should be cared for; and Category C resettlement prison for ‘inadequate’; only 16% of prisoners were know who IMB are 78% Treated with queuing for medications often happened outside adult males Dispersal Prison attending education or training; and Offender respect by staff 42% Number who have with no cover, even in very inclement weather.’ Managed by HMPS management was ‘exceptionally weak’. felt unsafe 28% Victimised by staff 47% CNA: 518 Diffi cult to see dentist 40% Easy to get Chief Inspector, Nick Hardwick said; ‘Overall, Styal Population: 543 In his report Nick Hardwick said; ‘At a time drugs 13% Not engaged in any purposeful was a very good prison where outcomes for the Unannounced Full Inspection: 10-21 Nov when we are seeing some overall improvement activities 19% Less than 4 hours out of cell women held were strong in all four of our healthy 2014 Published: 25 March 2015 Last in the system, HMP Guys Marsh stands out as prison tests … Challenges remain but this is a inspection: February 2013 (follow up) good inspection of a successful institution.’ an establishment of great concern. Regional Inspectors said Styal was ‘a safe and decent managers began to take decisive action during ‘A prison in crisis’ women’s prison with good work, training and the inspection but real risks remain and turning education for women and a focus on resettle- Parliament dissolved on 30th March and the prison round will take sustained support ment.’ no reports are published until a new 23.9% IPP/Life Prisoners 5.1% Number from the Prison Service nationally. The failures government is formed after 6th May and of foreign nationals Prisoners on 17% of the prison at the time of the inspection posed They said that early days for women at the new ministers appointed Recall 80% Treated well in Reception unacceptable risks to the public, staff and prisoners prison were good, most women felt safe and Had legal letters opened Food and this cannot be allowed to continue.’ 41% 50% Recently published HMCIP reports is bad or very bad 25% Don’t know who Bristol - February 2015, Brixton - March IMB are 85% Treated with respect by 2015, Cookham Wood - October 2014, staff 40% Number who have felt unsafe Elmley - November 2014, Feltham - January 35% Victimised by staff 57% Diffi cult to 2015, Foston Hall - February 2015, Garth see dentist 63% Easy to get drugs 19% - January 2015, Guernsey - November Not engaged in any purposeful activities 2014, Hollesley Bay - January 2015, Long 26% Less than 4 hours out of cell 49% Lartin - March 2015, Low Newton - March 2015, North Sea Camp - November 2014, No Sentence Plan Northumberland - January 2015, Notting- CHILD ham - February 2015, Oakwood - February The inspection of HMP Guys Marsh was 2015, Peterborough - October 2014, brought forward because of concerning intel- Portland - December 2014, Swansea - ligence. The prison faced challenges common February 2015, Swinfen Hall - November to many prisons. The governor said the prison 2014, Thameside - January 2015, Wakefi eld was short-staffed and that the arrival of staff - November 2014, Werrington - January from neighbouring prisons which had closed ABUSE 2015, Wymott - October 2014 in 2013 had unsettled the culture. There was a Helping victims rebuild their lives since 1994. relatively new management team and the Copies of the most recent report for your prison was overcrowded. Following the Helping you achieve justice for the abuse Our dedicated team of specialist, legal experts prison are available in the library. inspection Nick Hardwick, Chief Inspector of you suffered. have a proven track record in handling We have been helping abuse victims claim child abuse claims and can help you if you their legal rights for over 15 years. have been the victim of sexual, physical or emotional abuse in childhood. RECLAIM LEGAL AID The law allows people to make claims for compensation even if the abuse they In 2013 we secured nearly three quarters of a CONTRIBUTIONS suffered took place many years ago. million pounds in compensation for our clients. • Did you pay legal aid contributions in the Crown Court We also deal with cases against children’s Speak to one of our specialist male or female ? Specialists in Were you charged with more than one offence homes, other institutions and social services solicitors in complete confidence. • ? Family and Child Law for lack of care. • Prison visits • Legal Aid available • Were you acquitted of any offence? • Complete confidentiality • Did the Prosecution not proceed with any Care Proceedings charges? Social Services If your answer is yes you may be entitled to Domestic Abuse QualitySolicitors reclaim a proportion of your contributions! Abney Garsden Contact us today with details of your Offices in Barking, Romford, case to see if you could reclaim Grays and Kentish Town money owed to you. In the first instance please contact us at: Changing the way you see lawyers. BRADSHAW LEGAL Focal House, 0845 604 7075 [email protected] SOLICITORS 12-18 Station Parade, Barking, 37 Station Road, Cheadle Hulme, Stockport, SK8 5AF 123 Bradshaw Road, Bolton BL2 3EW ESSEX IG11 8DN Tel: 020 8591 3366 01204 303 641 www.abuselaw.co.uk [email protected] Insidetime May 2015 www.insidetime.org Newsround 11

Prisoners who abscond must not The things people say…

Promises from politicians have been be banned from open prison coming thick and fast as the General Election gets closer. Last time around, Mr Grayling responded by excluding Conservative leader gave prisoners from being moved to open condi- a number of pledges on certain policies, tions as part of preparation for their release some of which failed to see the light of day. if they had a history of absconding.

In May last year the Justice Secretary said

the government was “tearing up the system as it exists at the moment” and introduced his new absconder policy. Strangeways riot

The judges ruled that excluding transfers for warning over jails

prisoners “with a history of abscond, escape Conditions in prisons are as bad now as at or serious release on temporary licence the time of the Strangeways jail riot in Man- failure” was inconsistent with Mr Grayling’s chester in 1990 in which two people died and own directions to the Parole Board. The di- hundreds were injured, a former Lord Chief rections said that more prisoners serving life Justice has warned. should spend a period in open prisons before release. “There will be no more of those Lord Woolf, who led the Inquiry into the dis- pointless reorganisations that aim A government policy to ban prisoners with a turbances, is calling for a new investigation The longstanding directions state that “a to change but instead bring chaos” history of absconding from being transferred into Britain’s prisons. He said; “There are phased release” from closed to open prison to open prisons has been declared unlawful things that are better now than then but I is necessary for most prisoners serving inde- Those words were greeted with a round by senior judges. fear we’ve allowed ourselves to go backwards terminate sentences “in order to test the of applause when David Cameron made and we’re back where we were at the time of his speech at the Royal College of Nursing , the Justice Secretary, intro- prisoner’s readiness for release into the Strangeways. in 2009. In 2011 (one year after the Election) duced the policy last year after high-profile community”. delegates at the College’s Annual Conference cases of violent prisoners absconding from “Unfortunately prisoners are again being overwhelmingly backed a motion of no open prisons. Two High Court judges said the The judges said that Mr Grayling could revoke kept in conditions we should not tolerate.” confidence questioning Health Secretary bans were inconsistent with Mr Grayling’s his directions to the Parole Board but added that as long as they remained in force, he ’s reforms to the NHS. own parole directions. His report into the Strangeways disturbanc- could not lawfully tell them to ignore them. es identified dilapidated, overcrowded and And in 2007 when Gordon Brown was widely The policy was introduced after a series of insanitary conditions as the main causes of believed to be about to call an election, cases last year in which prisoners disap- The Prisoners Advice Service, a charity trouble. David Cameron visited Chase Farm Hospital peared or committed serious crimes, offering free legal advice and support to adult prisoners, described the absconder policy as in Enfield, then threatened with the including murder, while in open jails. Lord Woolf also warns against treating the a “knee-jerk reaction” by Mr Grayling. closure of its A&E and maternity services. issue as a “political football”. “What I would say to Gordon Brown He added: ”What is needed is someone who’s is if you call an Election on younger and more energetic to do another review - and take the prison situation out of November 1st we’ll stop the closure politics.” of this hospital on November 2nd” Lord Woolf speaks pages 20-21 After David Cameron won the election in 2010, Chase Farm A&E and maternity services were closed. Sex offender tenden- “We have absolutely no plans to cies are genetic raise VAT”

A propensity for sex crime can be inherited Mr Cameron made this pledge during an and tends to “cluster” in families, psychia- interview with Jeremy Paxman, trists have found. adding:

The brothers of sex offenders were about five “Our first budget is all about recog- times more likely to be convicted of similar crimes than other men, according to the first nising we need to get spending under large study into whether people could be control rather than putting up tax” born with a tendency towards rape or child abuse. and the Lib Dems also swore they wouldn’t raise VAT while warning Researchers at the University of Oxford and voters that the Conservatives would. George the Karolinska Institute in Stockholm looked Osborne announced in his very first budget at more than 21,000 Swedish sex criminals, that he would raise VAT from 17.5% to 20%. and found strong evidence that genes play a bigger role in sex offending than upbringing. “I’m not going to flannel you. I’m going to give it to you straight... I like While there did not seem to be a “sex crime the child benefit, I wouldn’t change gene”, the researchers said sex offenders child benefit, I wouldn’t means - test often shared characteristics such as paedo- it, I don’t think that’s a good idea” philia and a sense of entitlement to have sex with anyone. Nick Clegg had also ruled out such a move before the last Election. In 2013 Seena Fazel, professor of forensic psychiatry means-testing of child benefit was Canter Levin & Berg at Oxford and one of the paper’s authors, said introduced with a reduced benefit for 1 Temple Square, the next step would be to build a database of households with one parent earning more DNA samples from sex offenders “to look for 24 Dale Street, than £50,000 a year. The change was patterns in genes that might contribute to a predicted to affect one million families. Liverpool, L2 5RL higher risk of problem behaviour”. Insidetime May 2015 12 Newsround www.insidetime.org

The things people say… Cuts in forensics teams damages fight Quote of the Month against crime, survey finds

Teams that sweep crime scenes for DNA or fingerprints have been cut by 18 per cent since 2010, threatening the effectiveness of the fight against crime, according to a report by Unison, the union which represents many forensics staff.

The union’s survey suggests some police forces have seen scientific services staff, which include the likes of footwear experts and lab staff, chopped by 40 per cent since 2010. Leices- tershire police was found to have 50 scientific services staff against 86 in 2010, while North- umbria was down from 76 to 52. “The reason children don’t play football in the streets is Ben Priestley, Unison’s national officer on justice, said: “Staff are experiencing huge frustra- tion that they are unable to do their jobs properly.” One respondent said: “Job cuts caused a because people are ill at ease change in shift patterns which ultimately mean we miss many jobs after 6pm.” with levels of immigration”

UKIP leader Nigel Farage speaking on the General Election campaign trail. Bulging prison Studies consistently show that the biggest barrier to children playing freely population in Iran in their neighbourhoods is traffic. It is speeding cars which parents say stop leads to executions them opening the door to let their © ambrozinio - Fotolia children out to play. Iran has hanged at least 43 people in just three days as the regime purges its bulging It’s the drugs, More than 150 streets across the country Probation chiefs cash prison population. have organised street play sessions in the past year. The Playing Out organisation in in as 700 staff lose jobs stupid Bristol said they have a much clearer The authorities launch periodic rounds of Senior executives at the National Probation view than Nigel Farage about the barriers mass executions to ease overcrowding. Most Service have received redundancy payments Peter Hitchins that need removing. inmates come from the fringes of society and of up to £300,000 as part of the Coalition Gov- The Mail on Sunday ernment’s ‘enhanced voluntary redundancy’ their deaths are rarely mourned. April 5th 2015 scheme. The spike in hangings underlines fears that There has been a stupid The figures, released shortly before the dis- tentative détente with the West, culminating chorus of psychiatrists and solution of parliament ahead of the General commentators, telling us Election, have emerged just weeks after it in a landmark nuclear deal only a few weeks not to ‘stigmatise’ people who suffer was announced that up to 700 probation ago, has had no impact on Iran’s dismal officers will lose their jobs as part ofthe human rights record. from depression. reforms which will see the probation service outsourced to 21 new community rehabilita- Iran executes more people each year than This is their moronic reaction to the “Foreign Nationals with HIV tion companies (CRC’s). concerns of people such as me, who any country except China. At least 270 people are worried that the suicidal killer who account for 60% of the have been put to death so far this year. Last 7,000 cases a year can come In total, 10 senior executives secured six- pilot Andreas Lubitz was taking figure deals including lump sum payments year about 750 were hanged, the highest into Britain from anywhere in powerful mind-altering drugs, whose as well as pension top-ups. since the mass purges of the late 1980s. effects on the human brain and body the world and get diagnosed are too little known and which need with HIV and get the anti-ret- to be thoroughly examined. roviral drugs that cost up to COMPENSATION FOR £25,000 per patient” Do you see the difference? I am not worried about Lubitz because he UKIP leader Nigel Farage speaking during VICTIMS OF CHILD ABUSE was depressed. I am worried about the televised Party Leaders’ Debate. Helping victims plan for the future and achieve justice the drugs that he was prescribed Leanne Wood, leader of the Welsh Our specialist team are committed to helping victims of abuse and are experts in because he was depressed. Even Nationalist’s Plaid Cymru, won the first now, we only know the name of one applause of the night when she attacked bringing action against local authorities, such as social services, and residential of these medications, the potent Farage’s comments on HIV treatment. institutions, such as children’s homes. tranquiliser Lorazepam, known to Our dedicated team of male and female lawyers have a proven track record with make some of its users suicidal. She said: “This kind of scaremongering is sexual, physical and emotional abuse claims. dangerous .... I think you ought to be ashamed of yourself.” Child abuse can take a long time to come to terms with and it can be difficult for We refuse to look in the right victims to speak out about their traumatic experiences. Regardless of how long ago direction. This is because the impor- Labour leader Ed Miliband branded the abuse took place, you may still be able to make a claim. tance of the issue and the wide- Farage’s comments ‘disgusting’. Lib Dem Anything you say to us will be handled with the utmost levels of professionalism, spread correlation between such leader Nick Clegg condemned the Farage drugs and self-destructive behaviour remarks as “vile and desperate, politics sensitivity and understanding. of the lowest form.” Child abuse claims are often eligible for pubic funding and Jordans are recognised by are still not grasped by the authori- the legal services commission as one of the few specialist providers of legal aid for ties or much of the media. But while some of Nigel Farage’s claims this type of work in the UK. were a little overstated, a YouGov poll Almost every major plane crash has indicated that half of Britain’s voters led to reviews that have made flying agreed with UKIP on curbing treatment much safer. The destruction of for ‘health tourists’. ›› Registered with EMAP ‹‹ Germanwings flight 9525 looks like being the first which will not do so. A UKIP spokesman said the poll shows ‘the disconnect that exists between the Call Christine Sands and the team on 01924 868911 Please stop talking about stigma. Westminster bubble and much of the Email [email protected] It’s the drugs, stupid. population.” Write to Neil Jordan House, Wellington Road, Dewsbury, WF13 1HL

COMPENSATION FOR VICTIMS OF CHILD ABUSE Helping victims plan for the future and achieve justice Our specialist team have already helped victims at the following places; In Foster Care Leeds Care Homes Wales Care Homes North East Care Homes Manchester Care Homes St Williams, East Yorkshire Medomsley Detention Centre, County Durham If you have suffered sexual abuse in any institution or whilst in the care of your local authority we may be able to help.

Call Christine Sands and the team on 01924 868911 Email [email protected] Write to Neil Jordan House, Wellington Road, Dewsbury, WF13 1HL Insidetime May 2015 www.insidetime.org Newsround 13

Grayling’s parting shot NEWS IN BRIEF There was outrage from the bench when Justice Minister Chris Grayling sneaked through more ill-thought out changes to the Criminal Justice System just as Parliament packed up for the Election. [ writes]

Should I With no consultation or debate, from 13 April curtsey? 2015 offenders will have to pay £150 court charges for a quick guilty plea at a magis- trate’s court (or £720 if convicted after pleading not guilty) and up to £1,200 for being found guilty at Crown Court. Magistrates and judges will have no discretion: the charges are compulsory and the same whatever the Hell yes! crime; and they come on top of any fi ne, compensation, victim surcharge or legal aid contribution an offender must make. Author Roddy Doyle (right) pictured with Actor Aidan Gillen at a musical event in Ireland. Grayling says the move will ensure that Roddy Doyle book sent to UK prisons to criminals ‘pay their way’. This may be so for those in work or who have the means to pay; Your Majesty, will you agree to the encourage reading but it ignores the chaoticWRONGLY reality of most SENTENCE disillusionment of people who pass through the courts. Those Dublin author Roddy Doyle’s book Dead Man Talking has been put on a list of novels that will CONVICTED Parliament? EXCESSIVE be sent to prisoners in the UK as part of a campaign to encourage reading. It joins a book who are on benefi t or have low or no income, and those with mental health ? or ? addiction ? ? about a man’s daring escape from a prison camp. The organisers of World Book Night are also Susan Rhodes sending books to hospitals, schools and colleges. Twenty three prisons will share the book by problems, will simply not be able to pay, and Doyle (inset) and also copies of Escape From Camp-14 by American journalist Blaine Harden. lawyers fear that some defendants may Rhodesfeel & Co It tells the true story of Shin Dong-hyuk who was born into a North Korean political prison and pressure to plead guilty to avoid Office falling 14, 17 Union Street, Dundee DD1 4BG eventually escaped to China before settling in the United States. Other books being sent into further into debt. prisons include Karl Pilkington’s The Moaning Of Life and Prime Suspect by Lynda La Plante. 01382 646 145 World Book Night is celebrated on April 23 which is Unesco International Day of the Book and Grayling need only look 20 at existingyears experience unpaid Specialising in Appeals (including ‘Late’ Appeals) the anniversary of the birth and death of William Shakespeare. Reading Groups and Book review pages 48-49 court fi nes and debts,High or Courtat his Trials,own depart- Parole & Tribunal Matters in prisons throughout Scotland ment’s prediction thatCONTACT only a fraction ME NOW of FOR the AN IMMEDIATE RESPONSE….IT’S NEVER TOO LATE FOR JUSTICE new court charges will be recovered. In the 40 illegal immigrants detained every day meantime he (or a successor) will have to

spend money on debt collection to enforce Forty illegal immigrants a day are being arrested in Britain as enforcement squads swoop on premises known for employing people in the black market. Raids on Indian and Chinese res- the charges and the only sanction for those who don’t pay up will be an expensive place But why on earth is the Queen canvass- taurants, petrol stations and car washes have helped to boost the number of illegal immi- ing for UKIP in Bromley? grants being picked up by the authorities. Latest fi gures show that the number of arrests for in one of our overcrowded, understaffed illegal working has risen from about 20 a day in 2010 to 40 a day last year. prisons.

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The things people say… a brick at a car window - and the brick Then there’s football matches - one of STRANGE BUT TRUE bouncing back, knocking him unconscious. many “cushy postings” officers seek to “You should have heard the Garda laughing “Bump up their already generous salaries l The surgeon who performed the world’s when they saw the video,” said the pub landlord. with overtime”. These are often policed by first successful penis transplant says his 150 officers, despite there being only an phone has barely stopped ringing since, l According to advice from the University of average of 1.2 arrests a game. And while with requests for help coming in from all Georgia in the USA, students should have they enjoy the match, local crime soars: an over the world. Last month, South African sex only if consent is a ‘voluntary, sober, LSE study found that during a London urologist Andre van der Merwe revealed imaginative, enthusiastic, creative, wanted, fixture, burglaries rise by 25%. that in a nine-hour operation performed in informed, mutual, honest and verbal agreement.’ December, he had given a new organ (from But exactly how on earth is anyone going to l A crackdown on smoking at a top hospital a deceased donor) to a 21-year-old man, have sex with all those stipulations? One caught out more medics than patients, it whose own penis had had to be amputated student admitted they have NEVER had has been revealed. More than 1,000 people “Don’t vote Tory… following a botched ritual circumcision. imaginative sex - and, to be honest, she were caught smoking by a special enforcer it could lead to chaos” Three months on, the man was said to be admitted ‘enthusiastic’ is pushing it, so to brought in after complaints about people sexually active again, and to have the speak! And no-one would have sex with me facing a wall of cigarette smoke. But Former Prime Minister potential to have children. “This guy is now while sober, admitted her friend; ‘otherwise health chiefs at the University Hospital of speaking on the Labour Party’s Election confident, he’s really back to being a man,” a lifetime of celibacy awaits’. Over here, Wales, in Cardiff, admitted 171 members Campaign trail said van der Merwe - now widely known as meanwhile, the Director of Public Prosecu- of staff were caught - and just 151 patients During Tony Blair’s tenure as Middle East Dr Dick. There are nine other men awaiting tions, Alison Saunders, has decided that - in the clampdown. “Peace” Envoy, Egypt had a military coup, penis transplants in South Africa, where having sex while drunk is effectively against Libya collapsed into anarchy, Syria fell into ritual circumcisions frequently cause the law and could result in a rape charge. Fancy That! terrible civil war, Iraq fared little better, serious illness and even death. When John Demjanjuk was l Writing for in 2008, Vince Islamic State created itself, Iran more or convicted in 2011 of being an Cable complained that 1.5m people were less developed a nuclear weapon, and Israel l An Indian woman who was about to accessory to the murder of living in ”grossly overcrowded” accommo- made it clear with its settlements that it embark on an arranged marriage ditched 28,000 Jews during the dation. Does he still feel this is a problem? does not contemplate a two-state solution. her fiancé on their wedding day after he Second World War, Lord A Twickenham voter answered the door to failed a simple maths test. Lovely Singh Janner QC said: ‘Today’s verdict sends an Now that is chaos! find the Lib Dem Business Secretary apparently told Ram Baran, her would-be unequivocal message that the passage of canvassing. “I gather that seven people live groom, that before they tied the knot, she’d time is no barrier to justice. Age or poor here,” Vince began. “No,” said the voter. It is often said that Tony Blair’s decision like him to answer a simple question what, health cannot absolve anyone of appalling “There are 15 of us - and we’re all voting for to invade Iraq was never popular. But she asked, is 15 + 6? When he answered 17, crimes.’ The decision by the CPS not to you.” Was Vince shocked at this overcrowd- former Labour MP and Minister Denis she was so appalled, she called the whole prosecute Lord Janner, 86, for alleged ing? Apparently not. A Lib Dem source says: MacShane says: ‘ Blair did not invade thing off, saying the man was a fool. Relatives child abuse because he is too ill with “I’ve never seen Vince so happy.” Iraq: 417 MPs took that decision. Blair couldn’t persuade her to change her mind, dementia, is now even more strange certainly argued for the invasion, as did and the wedding gifts were returned. since he signed an official letter to the l Gloucestershire police used no fewer senior MPs for all parties. History may House of Lords dated April 9 to extend his than three cars, two dog units and a judge the vote to be wrong, but 417 MPs l An Irishman who claimed to have been formal leave of absence from Parliament helicopter to arrest someone trying to steal share the responsibility with Blair.’ attacked in a pub car park was arrested - a request to keep his seat in the Lords 47p-worth of parts from a recycling centre. Denis MacShane writes page 26 when CCTV footage emerged of him throwing rather than retire. rmnj solicitors Oral Hearing? ... don’t go it alone Give our experienced Prison Law Team a call on 0151 200 4071 - we can help you.

Email: [email protected] Web: www.rmnj.co.uk 63 Hamilton Square, Birkenhead, Wirral CH41 5JF Insidetime May 2015 www.insidetime.org Newsround 15

A World War ‘could not stop the rising population’

A global conflict that killed as many people as the first two World Wars would make little dif- ference to the rising world population, a study claims. Childbirth is so out of control that even restrictions on the number of children pandemics or another world war would not make it manageable by the turn of the century, say researchers. Prof Barry Brook, who helped lead the study at the University of Adelaide, Australia, said: “We were surprised a five-year third world war scenario, mimicking the same proportion of people killed in the First and Second World Wars, barely registered a blip on the human population increase this century.” The Second World War claimed between 50 million and 85 million lives, making it the most lethal 40% conflict in history. More than 37 million people are thought to have died in the First World War. Yet human population grows by more than 70 million every year. Share of the world’s water needs that won’t be met in 2030 if current trends continue, according to a UN report warning of Plans for 220,000 new Migrant population economic upheaval and new conflicts unless global policies on water use change. homes on green belts rose by 565,000 in

The countryside is under siege from housing past three years developers exploiting the Government’s relaxed planning laws, campaigners have The migrant population of England has warned. The number of homes planned for increased by more than half a million in the the country’s green belt has increased 38 per past three years despite government efforts cent in less than two years, according to a to curb immigration. 2,446 study by the Campaign to Protect Rural England (CPRE). About two thirds of the 565,000 migrants Number of people sentenced to death estimated to have arrived came from EU around the world last year, a 29% increase from 2013, according to a new 842 Nearly 220,000 houses are in the pipeline for countries, putting pressure on the Coalition green belt land - up 81,000 on CPRE’s last Government to reduce the flow by negotiat- report from Amnesty International: the Number of people who were killed in count in August 2013 - and the campaigners ing restrictions on the free movement of rise was fuelled in part by mass sentenc- eastern Ukraine in the month leading up say the increase is a direct result of the Gov- citizens in the EU. ing in Egypt and Nigeria. to the Feb 15 ceasefire, according to the ernment’s National Planning Policy Framework, U.N.; the death toll has surpassed 6,000 which aimed to speed up decisions and boost Almost 200,000 came from outside the EU, © Alex Tihonov - Fotolia since the fighting began in April 2014. house building. The Framework, introduced according to a report by the University of three years ago, ordered planning boards to Oxford’s Migration Observatory research © Olga Khoroshunova - Fotolia shift the ‘presumption’ of their decisions ‘in team. favour’ of development. London recorded the biggest rise in foreign- born migrants, both EU and non-EU, up by 189,000 followed by the South East, where there was a rise of 79,000 and the East up by 51,000. 0%

The figures are a further blow to David The annual change in the rate of global 18 minutes Cameron after official figures published carbon emissions in the energy sector in showed that he had failed to meet his pledge 2014, marking the first time in 40 years that The mating time of two captive giant to reduce net migration to the UK to under emissions have stalled without a simulta- pandas in China on April 4, was a world 100,000 by the Election. neous global economic slowdown, according record. Breeding pandas in captivity is to the International Energy Agency. notoriously difficult.

Carlos Vargas Silva, Research Fellow at © Tyler Olson - Fotolia Migration Observatory, said the figures on More land to be covered in concrete migrants showed that after stabilising during A major Think Tank said it wasn’t a problem because the land is so often used for intensive the economic downturn, the numbers farming, forgetting that the UK is unable to feed coming from eight eastern European states its population of 60 - going on - 70 million. were once again increasing.

The Coalition repeatedly said that there were “The economic gap between the eight sufficient regulations in place to protect eastern countries and the UK remains quite o rural Britain from inappropriate develop- big. There is a big incentive to make the ments. In March David Cameron said ‘the journey to the UK,” he said. 50% 74 F green belt is protected’ and that he viewed its Share of the world’s wealth that will be Average daily high (23oC) in Qatar in continued preservation as ‘paramount’. Researchers said their projections gave a held by the richest 1% across the globe December, the International soccer body more up-to date estimate of the foreign-born by 2015, according to a report from the FIFA is expected to vote in March to shift But the new figures lay bare the extent to population than the 2011 census, which put antipoverty charity Oxfam. the 2022 World Cup to November-De- which developers have been able to move on the figure at 7.3 million. cember from the summer when tem- to prime rural sites, where they are often peratures routinely exceed (40oC). able to charge a premium for luxury homes. © Tyler Olson - Fotolia In its analysis of nine English regions, the Muslim population is CPRE paper shows that councillors and planning inspectors have signed off major likely to double in size releases of green belt over the past 19 months. The Metropolitan green belt which The number of Muslims in the UK is expected encircles London is particularly under to more than double by the middle of the pressure with the number of houses planned century as their numbers surge worldwide. rising from 32.500 to 87.000 since summer of According to a report by the Pen Research 2013. Centre in Washington DC, higher birth rates 1 million+ and a bulging youth population, along with £24.1m People are using food banks, according to Just over 12 per cent of England is designat- further migration, will help push up the overall the Trussell Trust. The report comes from Elton John tops a list of charity backers ed as green belt land, a status introduced in size of the Muslim population by more than the charity, which is the biggest provider in The Sunday Times Giving List. The the 1950s to protect the countryside around two and a half times. In the UK, the number of emergency food aid with more than musician donated £24.1m last year major towns and cities from urban sprawl. of Muslims is forecast to increase from 2.9 million in 2010 to 7.75 million in 2050. 400 food banks in the UK. - some 8.92% of his wealth. Insidetime May 2015 16 Newsround www.insidetime.org

restaurants who consider their food too sion” at the time. March when he arrived dressed as Christian m Do you know...? fancy, or too witty, for mere plates. The trend Grey, the sadomasochist hero of the erotic began with food served on boards and bits of l Finns are unhappy with the news that their movie Fifty Shades of Grey. Liam Scholes slate, but now diners are reporting being favourite food - meatballs - is being down- wore a grey suit and carried cable ties and l Delegates at the National Union of served everything from sandwiches in a flat graded to plain ‘balls’ as in many cases the a mask as props. But although he had Students (NUS) Women’s Conference have cap to vegetables in toy wheelbarrows - and balls don’t contain real meat, only mechani- fulfilled the brief - to dress up as a character been asked to use “Jazz hands” instead of they have had enough. A WeWantPlates cally recovered meat; which doesn’t count. from a book - his mother claims teachers clapping, because of reports that the sound Twitter account has attracted 20,000 at Sale High School in of applause was “triggering anxiety” among followers. “Having to drink a smoothie out of l 89% of mothers who work full-time take refused to let him pose for photos, and some attendees. In a tweet, the NUS a light bulb is an indignity,” reads one post. main responsibility for parenting in their urged him to be James Bond Instead. Ms Women’s Campaign explained that household. Among stay-at-home mothers, Scholes, herself a primary school teacher, whooping can be “super inaccessible” - and l It seems the generation gap is closing fast the proportion rises to 98%. 88% of mothers defended her son’s choice, and argued that urged delegates to “be mindful!” in Britain. One in four British women go who work full-time would rather work less Bond -a womanising assassin - was hardly clubbing with their mothers, according to a so they could see more of their children. a better role model. She also noted that l We have become so used to obesity that Usurv survey, 36% invite their mothers to one of Liam’s teachers had dressed as the parents often don’t realise their own social events with their friends. l Fly-tipping and fast-food litter have both serial killer from the American TV show Dexter. children have a weight problem. In a study increased by 20%, in the past year. It now of British families, 369 children were identi- l Three judges were dismissed for using costs local authorities up to £850m a year to l Drivers are going to be given ten minutes’ fied as very overweight - but only four sets their office computers to view pornography. clear up litter. £56m of that goes on clearing grace after a parking ticket runs out before of parents acknowledged as much. The A fourth judge resigned before the discipli- up chewing gum. 35% of total litter consists they can be hit with a fine. Communities researchers found that 31% of all the nary inquiry was completed. The material of smokers’ materials. Secretary announced the plan parents they spoke to significantly underes- was not illegal, but downloading it onto last year, as a means of encouraging timated their child’s weight. judicial IT equipment was deemed “Wholly l An 11 year-old boy was reportedly barred shoppers back to high streets. But critics unacceptable”. One of the three said he’d from a school World Book Day event in say it won’t stop people having rows with l Russell Brand was voted the world’s been suffering from ”undiagnosed depres- parking attendants, they’ll just happen ten fourth most important thinker by the minutes later. readers of Prospect. The magazine - which had asked its readers to choose from a l The lynx could return to Britain after shortlist of 50 - hailed the comedian as the 1,300 years. Conservationists have launched “most charismatic figure on the populist Left”. a public consultation into plans to release the big cats into three forests in England l Support for the death penalty has fallen and Scotland. below 50% for the first time, according to the British Social Attitudes survey. 48% of l 20% of students intend to vote for the people back it for “some crimes” down Green Party at the Election - up from 5% a from 54% in 2013. The survey also revealed year ago. In the same period, student that only 29% of people want to be ruled by support for Labour has fallen from 44% to a coalition, a record low, 65% of people say 30%. The Conservatives are on 28%. The they are happy with the NHS and 45% poll was carried out before Labour predict that the service will no longer be announced its plan to cut tuition fees, but free to use in a decade’s time. the policy had by then been trailed. l China used more cement between 2011 l 38% of men think feminism is still and 2013 than did the US in the entire 20th relevant in British society, 45% think it century. isn’t. 28% of men think men and women President Putin of Russia has been carelessly threatening to use nuclear missiles are now treated equally in Britain. l More than 100,000 students - about one against some of the NATO countries. At the same time some of the UK political parties in 20 - are working in sex-related occupa- have been demanding that UK nuclear weapons should be banned. But the secret is in l There are 4,363 people living in London tions to fund their studies, and the majority the word ‘deterrent,’ and we would be vulnerable if we ever gave them up. After inde- whose assets exceed £20m. of them are men. The work ranges from pendence in 1991 Ukraine agreed in 1994 to give up all its nuclear arsenal. At the time selling sexual services and appearing in it was the third largest in the world, and was shipped to Russia in return for a pledge l A third of all Royal Navy sailors in the porn films to glamour modelling. from the UK, Russia and the US to protect their borders if ever they were invaded. First World War were under the legal It is very unlikely that Vladimir Putin would have walked into Crimea, not to mention combat age of 18. l A backlash is growing against Ukraine, in 2014 if Ukraine had maintained its own independent deterrent.

At Tates we never use unqualified caseworkers. All prison law work is undertaken by a We take pride in providing a full range of criminal and prison law services. qualified solicitor who specialises Prison Law services include: in Prison Law. • Parole Reviews • Re-categorisation • Life Sentence Reviews • Category A Reviews • IPP Reviews • Adjudications • Recall • Home Detention Curfew Tates • Judicial Review 2 Park Square East • Sentence Planning Leeds West Yorkshire If you require assistance with any Prison Law issues, LS1 2NE whether or not listed above, please contact our specialist 0113 242 2290 Prison Law Solicitor - Hannah Rumgay Insidetime May 2015 www.insidetime.org Website Comments 17

Lean for writing the facts for all to see and to Inside Time for printing the story. We can Website comments via www.insidetime.org only hope our son will be able to rebuild his life but we appreciate the struggle he and our family face. K - I draw people’s attention to an article defence investigator. It is a total travesty of which of course was in The Sun, where they justice that Suffolk constabulary continue to A - Its blatantly obvious to anyone who has were moaning that a prisoner had KFC block access to these vital samples. One bothered to read the case that Sean is takeaway and even a birthday cake in his wonders if they have already “lost” them and innocent, and as for new evidence being prison cell. Even a blind man would know that what on earth they have to hide. submitted too late… what about people, who a prisoner would not be able to smuggle a years later, have been retried for the same birthday cake through visits never mind KFC! L - The ‘real issue’ is: was the sperm ‘material’ crime on the basis of new evidence? I found it disgusting that no one at The Sun and ‘admissible’ and the answer is in the thought how these items got into a prison, it affirmative. It appears to have become irrele- Z - Every time I read the facts it makes my would of been clear that it could not of been vant because this could not belong to Nunn. blood boil. 10 years later and still getting via a prisoner. Common sense provides an alternative fobbed off. Its a joke! defence theory which as a matter of fairness S - The easiest place to purchase drugs is should be fully explored in terms of the need M - It is an absolute disgrace the injustice that inside one of Her Majesty’s prisons. There will for certainty and finality. Sean has had to endure. It beggars belief that be several dealers on each wing selling every the amount of evidence available to clear type of drug available, and at least one dealer Sean’s name is just being swept under the will score his drugs from an officer. MDT is carpet and forgotten about. manipulated by repeatedly testing prisoners the screws know do not use drugs. Finally... Prisons in England and Wales Thanks so much for your website, I was able ‘to get drugs scanners’ to find out the important information I needed Chris Grayling announces £15,000,000 to and had not been able to get from the govern- scan prisoners for drugs after visits ment website. You may quite literally have saved a life as I can now contact the person I B - The fact is in most prisons, screws smuggle need to speak to in prison healthcare. Julie in 10-20% of drugs and in some prisons, where the senior screws are involved in drug Truth, justice, certainty and T.Osmani & Co. smuggling, 50-60% of drugs are smuggled in finality Established 1996, private practice (sorry, no legal aid) by screws. Author and paralegal Sandra Lean looked specialising in appeals against conviction and at what is wrong with the central pillars miscarriages of justice with a sharp focus on T - There is a website at: www.xrayrisk.com of our Justice System corruption issues. Also undertaking police complaints, parole and that allows you to calculate the health risk from The case of Kevin Nunn prison law matters. various types of X-ray studies. It won’t allow The Annual Lecture at the British T - I truly and foolishly believed in our justice "There can be as much value in the blink of an eye as in me to enter 1000 x-rays per year, the maximum Academy of Forensic Sciences 2015. system and in the integrity of our learned months of rational analysis." (Malcolm Gladwell) it will allow me to input is 99. Even at that judges but have been left devastated by this Contact : Mrs. T.Osmani, 121 Woodlands Avenue, amount the cancer risk is unacceptably high. C - I worked on Kevin’s case for 7 years as a living hell we are in now. Thank you to Sandra London E11 3RB; [email protected] Struggling to feel close to your loved ones? Relationship Science charity OnePlusOne has created Staying Connected, designed with prisoners and their loved ones to help maintain close, healthy relationships while families are apart. Funded by NOMS, this brand new online learning programme is available in all UK prisons on the virtual campus. With three modules to choose from and an official skills certificate to work towards, the programme is full of useful advice, support and suggestions to help you stay connected with your partner and/or kids. Ask your Prison Tutor for more information. one one Strengtheningplus relationships Insidetime May 2015 18 Diary www.insidetime.org

The fi gures show the true story: 559,000 a strong force of Turks along with a few Allied personnel were on Gallipoli of which German generals. 420,000 were British and Empire, 80,000 Month by Month French, 50,000 Australian and 9,000 New Zealanders. There were over 250,000 casual- by Rachel Billington ties, 58,000 killed, of which 29,000 were from Britain and Ireland, 12,000 from France and Rachel honours the centenary of Gallipoli, one of 11,000 from Australia and New Zealand. WWI’s most controversial and tragic campaigns, where her own grandfather was killed

Map showing Gallipoli (circled in red)

However General Hamilton, the overall commander would not admit this to Lord Kitchener in London so Suvla became a last throw of the dice. Fresh troops were brought in and the attack began on August 7th. Higher ground was captured in the day, and then lost overnight. Longford’s brigade set out at 5pm on August 21st. Their horses had been left behind in Egypt so they walked across a dried salt lake which had no protective cover from Turkish shells. It was searingly hot and a strange mist had appeared which mixed with smoke from scrub fi res, sparked off by earlier attacks.

The objective was Scimitar Hill and it was there my grandfather fell and disappeared from My grandfather (pictured above), a Brigadier- view. His body was never found and, if he was General in command of the 2nd South wounded, as suggested, he would almost Midland Mounted Brigade of the 2nd certainly have burnt to death in the fi res. Mounted Division was killed at Suvla Bay on Certainly his body was never identifi ed, despite Gallipoli. He was forty-nine years old and left a tattoo on his chest. Nevertheless, rather Rachel’s grandfather (circled) briefi ng his offi cers at Lala Baba hill before the attack to Scimitar a widow with six young children. My father mysteriously, he has a grave marker in Green Hill where he was killed was the third child, nine years old. The story of Hill Cemetery which I visited in 2012 and ost people know about the is receiving some attention. my grandfather Tom Longford’s death encap- where I laid wild fl owers. The attack served no Western front in World War I: sulates all the misconception and mismanage- purpose. Although the survivors of Longford’s four years of slog and The shocking catalogue of failures which make ment of the campaign. brigade reached Scimitar Hill, as he had, once slaughter. The horrors of up the story of Gallipoli has been recorded by again it had to be evacuated in the night. trench warfare have become the Australians. Anzac Day has become well By August 18th when Longford’s yeomanry Mpart of its abominable history. But at least our known and some of you may remember Mel brigade was brought from Egypt where they Sadly, this tragic story was typical of many side, the Allied side, eventually won. Perhaps Gibson’s stirring fi lm. But, perhaps, under- had been waiting in reserve since April, the who fought on Gallipoli, whether offi cer or this is why one of the most disastrous standably, the fi lm is told from the Australian campaign was already a lost cause. Allied private. In fact in one sense my grandfather campaigns of 1915 is so little known in the point of view; in fact they seem to be the only landings on Helles at the tip of the peninsular was lucky because he only arrived on the pen- UK. April 25th was the centenary of the fi rst soldiers fi ghting, plus a few silly old British and at Anzac Bay had failed to move inland insular three days before his death and landings on Gallipoli and at last the campaign buffers in monocles making wrong decisions. because the higher ground was always held by therefore didn’t have to suffer through months

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If you feel that you have been treated services 2009, 2010, 2011 & 2012. unfairly within the prison system or have been the subject of an David Phillips and Partners irrational decision made against you, call us now to discuss your Solicitors and Higher Court Advocates possible claim in judicial review. 1st Floor, Oriel Chambers, Contact Niall Brooks or Kirsty Neill 14 Castle Street, Liverpool L2 8TD 47 Theobalds Road London WC1X 8SP Almy & Thomas Solicitors 71 Abbey Road Torquay TQ2 5NL Nationwide Service www.ikandp.co.uk 01803 299 131 or Freephone 0808 178 9060 ›› Registered with EMAP ‹‹ Insidetime May 2015 www.insidetime.org Diary 19 of heat, drought, gales, ice, dysentery, starva- cated terrain of Gallipoli but also on the com- tion, terror and boredom until the eventual plications of the various armies united in the evacuation, completed in January 1916. assault on Gallipoli. But with the further help of kind military historians and a long week The man mainly responsible for this costly fiasco walking and climbing over the peninsular, I set was , then First Lord of the off on a year’s writing. Admiralty and in the War Cabinet. It is a tragic fact that the towering genius of World War II My fictional characters, Captain Rupert Prideaux, allowed his imagination to overwhelm his Lieutenant Arthur Lamb, Private Frederick good sense in this earlier war. He himself never Chaffey, Brigadier-General Fitzpaine, Sylvia forgot this failure and, according to his family, Fitzpaine and Hilda Horridge are all there to was still thinking about it during his last days. pay homage to the real men and women who suffered through the campaign. My title, The actual aim of the campaign was to force a ‘Glory’ may be partly ironic but it is also to way through the Dardanelles Straits, take recognise what is carved on the British grave- Istanbul and open the route to our Russian stones on Gallipoli, ‘Their Glory shall not be allies. This was originally a purely naval assault blotted out.’ but, after several French and British ships were 'Glory' is published by Orion Books at £19.99 sunk or injured by Turkish mines, Churchill persuaded the Prime Minister, H.H. Asquith, the First Sea Lord, Lord Fisher, and Lord Kitchener who was Secretary State for War, A Face in the Clouds that it should become a combined navy-army operation. This decision was taken with shock- English PEN is delighted to announce the 2014 winners, runners ingly little knowledge of what would face the - up and highly commended of the prison writing competition will Allied soldiers. It was, in fact, a bit of wishful be appearing in Inside Time over the next few issues. We start thinking, with no back-up in reality. with the winner of the prose section... All this inspired me to write a novel Mark Banner - HMP Stafford father without looking up from his work. He called ‘Glory - A rarely spoke when he was working. Actually, Story of Gallipoli.’ I can remember my father’s hands against he rarely spoke. have not written the stone; blue-veined like his favourite about war before cheese. His bones always looked too big ‘What,’ I said, affecting my best grown-up, and it took two for his skin, as if they were about to disinterested voice? There were a few seconds years of research, burst through as he lifted the stones into of silence as he paid particular attention to the including reading Iplace and positioned then re-positioned them next stone. He reminded me of a butterfly through family with a desire for precision that I could never collector adding a rare specimen, twisting letters and diaries, understand. Almost forty years later I can still carefully until it sat perfectly in its place. to get a grip not feel a hint of shame and sadness that I had Rachel lays flowers at her grandfather’s grave only on the compli- thought to myself, ‘What’s the point?’ ‘Well, my dad used to tell me that when God in Gallipoli. was happy with you he sculpted the clouds to I recall watching him as I kicked stones around the shape of your face. So it’s always worth looking the path just to let him know that I wasn’t really up just to see if you are in God’s good books’. 61 Birkenhead Street, interested in what he was doing. But I was. He London WC1H 8BB seemed so intent; as if every stone really I thought about it for a while as he stood GC LAW mattered; as if they would only feel happy arching his back with his hands on his hips. He SOLICITORS 020 7843 4344 grimaced at the ache of his bones, spat in his Rod Clark seated in exactly the right position in the wall. [email protected] www.cg-law.co.uk hands, rubbed them together then lifted the Recalling the familiar tap of my father’s next stone. I looked up, turning slowly on the hammer as he worked, it reminded me how I spot, scanning the sky for any sign of myself CG Law Solicitors is a London based firm of criminal defence lawyers and can could never understand why he chose to build - but there was nothing. assist in all defence cases regardless of where the court may be. We specialise walls, especially out in the middle of nowhere. in the following types of offences: Why couldn’t he just work in a nice warm ‘That one looks a bit like an old man with a office like my friends’ fathers? Maybe he’d beard’. I said almost hopefully. ‘Maybe it’s have been able to afford a new car like them, God himself,’ he said. ‘Or Father Christmas’. • Murder • Serious Drug Cases • Cannabis Cultivation rather than his embarrassingly shabby Land Rover. I once asked my mum why he did it. ‘There’s no such thing as Father Christmas,’ I • Fraud Charges • Money Laundering • Confiscation Matters There was something strange about her voice replied with all the confidence I could muster. when she answered ‘because your dad is very I looked across at my father and caught the Clients can be represented at the Magistrates or the Crown Courts and a team good at building walls’. That stuck with me for last, fleeting remnant of a smile. He rarely some unknown reason, surfacing during the smiled. Other fathers smiled, they even laughed of lawyers are available to undertake representation on all types of criminal echoing silences when my dad sat staring into out loud. I couldn’t help wondering if I made him cases. They can also advise on matters of : the fire while my mum lost herself in a library sad for some reason. I never asked him though. book. Years can add intolerable weight to words, leaving them heavy like stone. As we walked home he put his hand on my Appeals against a Conviction and/or Sentence shoulder. I looked up at him but he stared Standing here now the wall looks sadly straight ahead into the distance. I remember When representing you, you can be assured of the very best attention at all uncared for. Off into the distance my dad’s wondering if he was just checking that my stones had been dislodged over time until it bones were in the right place. I asked him times and committment to achieve the desired outcome. faded to nothing. It was as if the journey to when he’d finish his wall? ‘When there are no Only the best barristers are employed to assist and represent you. the horizon was just too arduous and it had stones left,’ he answered. We walked on in simply given up. Maybe it had been deterred silence, his hand still on my shoulder. We will not turn our back on you, you will not be alone. by the sinister looking barns or the dark wood at the edge of the empty field? My eyes Now that I’m walking the same path, wondering Please write to us at the above address. followed the curling line of the path to its if I should bring my son to see his grandfa- ther’s work. I think I’m worried that he’ll ask Kendi dilinizde davanizin hazirlanmasini istiyoursaniz bizi arayin veya bize mektup gonderin vanishing point then up to the vastness of the why I can’t build walls? At the path’s end my gelip sizi gorelim, sizi dinleyelim, size yardim edelim cunku bizimle yalniz oldugunuzu unutacaksiniz. sky. I felt like I had run towards a cliff’s edge father lies nearing his last breath. His blue- Turk vatandaslari cezanizi Turkiyede tamamlamak istiyorsaniz bizi arayin size yardimci olalim. before leaping into the void. The sky was a swirling porridge of clouds stirred by a biting veined hands bony and still. His white beard Nese ju duhet ndihma yne ne gjuhen tuaj na kontaktoni. wind that stung my eyes. and wind-worn face silent among the sheets.

‘Can you see your face up there?’ said my Like a face in the clouds. Insidetime May 2015 20 Strangeways 25th Anniversary www.insidetime.org ‘Lets take politics out of prison’ Lord Justice Woolf’s Inquiry into Prison Distur- bances was the main focus of the address he gave on April 1st 2015 - the first day of the riot which took place 25 years ago to the day. His address at the Inner Temple in London was: ‘Strangeways 25 years on: Achieving Fairness and Justice in Prison’. Here we publish an extract.

Sadly, the picture at the a form of punishment. Do we need to imprison moment is uncannily similar so many people, and to do so for such long to that at the time of periods of time? The Report argues that the Strangeways. At a time of answer is no.” significant change stresses continued to occur due to over-crowding In addition the Chief Inspector of Prisons Nick coupled with cuts in resources and staff. The Hardwick, whose views should be given the consequences have included a number of near closest attention, on the 6th February this riots. Again incidents could have got out of year, called for a frank debate about the cost hand. But fortunately, the Prison Service has of an increasing prison population and asked; greater ability today to ensure control and security. Part of the problem is illustrated by “Whether the cost of locking up so many the growth in prison numbers. At the time of people was really achieving what society wanted.” my Report there were 44,000 prisoners and the number was falling; 44,000 was regarded He added “There needs to be...a proper public as a high figure. There are now over 84,000 debate about the cost of locking up so many prisoners and while apparently fairly static, the people. How does it fit within the list of number could rise significantly. As to cost, the national priorities when money is tight and is average annual cost of a prison place for that money well spent? Does it get the results 2012-13 was £36,808. For the following year, we want in terms of cutting offending and if a child was detained in a secure children’s rehabilitation.” home, the cost was £209,000. For secure training it was £187,000 and at young The most recent arrival is the extensive and offenders’ institution it was £60,000. authoritative Report published by the on “Prisons: Planning and I am not alone in being worried by these huge Policies” on 18 March of this year following figures. In July 2014 the British Academy, one an extensive investigation. It gives Ministers’ of the two most distinguished academic best estimate of prison population as 87,700 bodies in the country unusually produced a by June 2015. It also considers the implica- Report on the prison situation by nine tions of overcrowding and the Government‘s extremely eminent academic experts entitled, policy to replace existing old prisons with new “A Presumption Against Imprisonment”. They much larger prisons that, while providing explain their reason for advocating the “pre- economies of scale, are less flexible and result sumption” in these terms; in disproportionate security.

“Data show that, over the last two decades, I draw attention to two revealing paragraphs the use of imprisonment as a form of criminal of the Committee’s report: punishment...has risen sharply. What is more, our reliance on imprisonment today is acutely The Secretary of State himself was relatively out of line with other comparable Western untroubled by prison overcrowding. He said ‘It European countries. We...rely far more heavily means prisoners sharing a cell. It remains my than do many other countries on the use of view that, if prisoners have to share a cell in custodial sentences... order to make sure they can go to prison, this is not a great problem’. Lord Woolf speaking at the Inner Temple in London “The urgent question, therefore, is whether “On the other hand, HM Chief Inspector of on the 25th Anniversary of the Strangeways Riot. © Prison Reform Trust we need to rely so heavily on imprisonment as Prisons saw it as a ‘real problem’. He said there Insidetime May 2015 www.insidetime.org Strangeways 25th Anniversary 21 were two areas where overcrowding had matically, the members complain he has cluster of small prisons. It is generally accepted system imbued with justice and fairness and negative effects: the physical conditions in destroyed their morale. It is feared, that as that to achieve rehabilitation, community ties that is still my prime ambition. which prisoners were held, and the availability with cutting Prison staff, what he has done are important. It will, in most cases be impos- of sufficient training, activity and rehabilita- will undermine what could have been his sible to maintain those ties at Wrexham. It is I thought then and I think now, this country is tion programmes. In relation to the former he positive policies. Personally, I question intended to offer local employment to staff capable of having a prison system which like observed: ‘In some places, two men are in whether it would not have been better to con- that will have to be trained. There will be no our legal system is one that is admired around what is essentially a large toilet designed for centrate his energy first on diverting from established voluntary organisations experi- the globe for providing fairness and justice. one, and often in very squalid conditions.’ In prisons people who do not have to receive enced in running prisons locally. I do not say However, to achieve this we must ensure that relation to the latter, there are more prisoners custody. I am sad that he gives the impression the task is impossible, but I do say the most our prison system uses the resources that it is to move around to activities and healthcare of regarding those who try to give him con- detailed consultation is required. allocated in the most effective way possible. appointments, for example, with implications structive criticism as opposed to him person- What this is must be determined by the gov- for staffing levels and strain can be placed in ally. This is despite there being very significant The last Labour Government also considered a ernment of the day, but in view of the history the capacity of workshops and programmes.” evidence available from other jurisdictions that policy based on building Titans but gave it up. of what has occurred, this should now be increasing the size of the prison population is Insufficient details are available for this new determined after an examination of the justice The Committee also commented that the cuts unsustainable and unproductive. Tellingly venture and before more Titans are launched, system as a whole involving all sections of the in staffing are recognised as having been too even in the US, California and Texas, which the next government should closely examine system and extensive consultation. drastic and could prove to be a false economy. once were in the forefront among those what is proposed. promoting ever-increasing use of imprison- Where we are now is the result of a failure to The Committee are in agreement with the ment, are now trying to reduce their prison The same would be true of secure colleges. deal with the geological flaw which I have Samaritans, who do such excellent work to populations because they are unaffordable. Again, it is clear that economies of scale are identified this evening. This has to be dealt prevent suicide in prisons, that the deeply dis- proving alluring. But it seems there may have with by determining what use should be made turbing rise in the number of suicides, are The Titan prisons programme now launched been at the last minute a change of mind so I of imprisonment. At the moment insufficient linked to changes in operational policy that with the building of a new prison in Wrexham say no more. attention is paid to the need to at least try to “have made a significant contribution to the demonstrates the conflict the Grayling reforms determine whether, before changes are made deterioration in safety”. cause. The final matter to which I must refer is the to increasing the level of sentencing, which is continuing scandal involving IPPs or offenders almost invariably upwards, that the proposed The last paper to which I want to draw Here it is relevant to mention my visit last sentenced to Indeterminate Sentences for Pro- sentence can be changed without endanger- attention is a short document produced by Friday to a Victorian prison, Wandsworth. tection of the Public who are still languishing ing the ability of the prison service to provide Mosaic, the Prison Reform Trust and the Once it was not only grossly overcrowded but in custody. Mr Blunkett, when Home an acceptable regime. That regime needs to Woolf Institute. Among the remarks it makes in a shocking condition, comparable to Secretary, was responsible for introducing this be fair and within the capacity of the prison is that people professing the Muslim faith Strangeways before the riots. Now it is doing sentence. He accepts this was a mistake and system to provide, so that the prisoner will be comprise one of the fastest growing segments better than the Scrubs and Pentonville. the sentence was repealed in 2012. But the on release less likely - not more likely - to in the prison population. The number has Wandsworth holds a variety of convicted and repeal was not retrospective. The problem is offend again. doubled over the last 12 years but importantly un-convicted prisoners, in total 1700, in the that those detained have to prove they are fewer than 1% are there for terrorism original and some refurbished buildings and safe to be discharged. It is very difficult to This will involve minimising the present offences. A significant number were converts. workshops, but with work only available for prove a negative, namely that they are no inflation in sentencing, which increases the They report a more negative experience of 350 of its offenders. I was fortunate to be able longer a danger - especially if, as is the case, likelihood of overcrowding without producing imprisonment than other groups. In the to discuss the situation with the inspiring and the courses that might assist them to prove any corresponding benefit. situation in the world today I suggest it is extremely experienced Governor and was they have ceased to be a danger are a scarce important that prisons should have the shown round by one of the senior members of resource. The reports to which I have referred will resources they need to deal with the problems his team. In their company you realise the provide useful guidance as to the way forward of minorities, and overcrowding will not assist Service still has some excellent, totally I am proud to say their cause has been cham- as will the successful work of many bodies with this. committed staff. Though still showing its age, pioned magnificently by my fellow Bencher, who are working within the system such as it would no longer be right to describe Wands- Lord Lloyd of Berwick. He points out there are the Prison Reform Trust. Particular attention The Secretary of State worth as being in shocking condition. This is 5000 prisoners still serving the sentence, but should be paid to the Justice Committee’s for Justice’s contribution especially true of the external areas, which I focuses on 650 who were given a tariff of less Report which provides an admirable example remember well, were very different in the than 2 years. These were passed more than 12 of politicians from different parties working Of the many Ministers that have been in past. However, as the Governor conceded, years ago. A third have been assessed as together to reach a consensus. Here the charge of prisons during my period of involve- running the Prison was a huge challenge for unlikely to reoffend. 8 were given a tariff of approach of the Strangeways Inquiry to ment, Chris Grayling the current Secretary of any governor. He has had 80% turnover of his less than 3 months, 22 a tariff of less than 6 achieving consensus should be born in mind. State for Justice is the most controversial. He senior management team in three years. The months; 27 a tariff of 9 months. As Lord Lloyd has shown great energy in seeking and prison was designed to hold less than 1000 points out, those prisoners have no means of Political parties should include an undertaking achieving change. The issue is whether his men and because of its role it has to manage knowing when, or if ever, they will be released. to advance the cause of changes are the correct ones and whether up to 32,000 transitional moves a year. It This is a grave injustice. achieving a just system they are being implemented correctly. He is to contains men of 35 different nationalities and without engaging in a be complimented for agreeing (admittedly members of at least 30 different gangs. The Conclusion political contest. Let’s take after parliamentary pressure) to statutory rec- prison has lost 27% of its budget and 25% of politics out of prisons. ognition being given to restorative justice and its staff. Naturally in these circumstances when Ladies and Gentleman, in bringing my remarks for accepting the need for separate considera- we went on the wing we heard both compli- to a conclusion I would emphasise again that tion to be given to the way women are dealt ments and angry criticism of the prison. Going in my Report I was seeking to achieve a prison The event was sponsored by the Prison with in prison. In addition, he is entitled to be in to one of the cells designed for a single Reform Trust and The Butler Trust. complimented for the emphasis he has placed prisoner but occupied by 2 prisoners on long on rehabilitation. I also accept that there could sentences, you realise very easily the real dif- We can offer you be virtues in his promotion of changing old ficulty of sharing extremely cramped condi- trapped? • An ‘in house’ advocacy team for all prison law prisons for new. tions. I had spent one night locked up with my trapp Hearings-Adjudication and Parole wife for a single night about 20 years ago for • Links to specialist barristers and But in the case of each reform, instead of charity in a refurbished wing of Brixton and QCs for Appeals Against Sentence, receiving praise he no doubt is disappointed to thought that was difficult but being locked up Wrongful Conviction & Judicial Review have received strong criticism from charities in that wing of Wandsworth two to a cell and representative bodies that are committed could mean conditions I would regard as Need Help? • An excellent track record in relation to to achieving improvements in our Prison unacceptable. Contact Michael Robinson POCA/Forfeiture matters System. emmersons solicitors • A well respected criminal department, This explains some of my concerns about Titan 52 John Street, Sunderland, SR1 1QN solicitor with Crown Court Rights of This is because he gives the impression of Prisons. The Governor at Wandsworth is as Freephone 0800 193 0146 or 0191 567 6667 Audience and a team of police station either not consulting or not listening to the good a manager as you can get. He is totally emmersons-solicitors.co.uk representatives. counter arguments as to what to do and how committed to rehabilitation. The sheer size of to do it. There is real doubt as to whether he Wandsworth is part of his challenge. This is • Parole Hearin gs • Adjudications • Recalls has been right to focus to the extent he has on about the size of a Titan, but the Titan is • Criminal A pp e als • SOPO Variations cost-cutting in order to meet the need for situated where it is not needed. It is situated in Members of the Association of Prison Lawyers economy, which is accepted. In the case of the a part of the country where it can be a boost       Probation Service, whose role he has cut dra- to the local economy. It is preferable to have a >> Registered with EMAP<<      Insidetime May 2015 22 Select Committee Report on CCRC www.insidetime.org CCRC: ‘performing reasonably well’ Bob Woffinden continues his front page feature on the Justice Select Committee report on the Criminal Cases Review Commission

lighted its ‘atomistic approach… [its tendency] one stage in the laborious process could be justice from occurring in the first place’. In Bob Woffinden to consider the fresh material in an isolated removed. order to address that, the committee recom- Leading investigative journalist fashion rather than reviewing the whole mends that the CCRC should regularly ‘feed picture of the case’. Since the Lord Chief Bingham’s judgment in Pendleton could be back into all areas of the criminal justice Justice told the committee that the Court had interpreted as suggesting that one part of the system…its understanding of the issues which he committee referred in their to be very careful about ‘overruling [jury] day-to-day business of the criminal division of are continuing to cause miscarriages of justice’. report to my perception that the decisions’ - an observation which completed the CA was otiose. However, in the same way When the CCRC was first set up, it was CCRC regularly vaults over the this tapestry of undue cautiousness on every- that the CCRC seems too deferential towards generally believed that this would indeed be ‘real possibility’ test and jumps one’s part - the committee importantly recom- the CA, MPs did not wish to overstep the con- part of its functions, but little has actually straight to the next question, mended: stitutional proprieties, and this matter was not happened. whichT is whether, when push comes to shove, dealt with. the CA will actually quash the conviction. In That the Law Commission review the CA’s It was encouraging that the committee my view, those are separate stages. Karl grounds for allowing appeals. This review Nor was the CCRC’s worrying lack of envisaged that MPs would soon be returning Watson’s case, for example, passed the ‘real should include consideration of the benefits dynamism addressed, other than through the to this subject. They set an immediate task for possibility’ test, I would suggest, after a judge and dangers of a statutory change to allow committee’s recommendation that its funding ‘our successor committee in the next parlia- indicated that he had received an unfair trial; and encourage the CA to quash a conviction should ‘as a matter of urgency’ be increased. ment’, which was a consideration of ‘provi- but the CCRC asked themselves instead where it has a serious doubt about the verdict, So is the CCRC, as MPs say, a ‘necessary’ sions regarding the admissibility of fresh whether the CA would quash the conviction, a even without fresh evidence or fresh legal body? A concentration on the CCRC would evidence to the Court of Appeal’. matter which, it could be argued, is none of its argument. If any such change is made, it suggest some complacency about the func- business. (I know that the government should be accompanied by a review of its tioning of the criminal justice process itself. No one would ever suggest that change comes requires a measure of a body’s operating effi- effects on the CCRC and the continuing Attention might be better focused in that quickly, but at least there are indications that ciency, but in my view the CCRC should appropriateness of the ‘real possibility’ test. direction. The committee do acknowledge the MPs are beginning to understand that the decline to publish its so-called ‘success’ statis- The committee did not suggest what should logic of this point, saying ‘we think there is system as it is currently constituted fails a sig- tics on the grounds that they are, or should be, replace the test. My suggestion was that the great benefit in preventing miscarriages of nificant number of people. irrelevant; what matters is whether it is test should simply be that if the CCRC were referring to appeal all the cases that merit constituted as a jury would they, in the light of referral: that is all.) all the evidence they had gathered, have found the applicant guilty or not guilty? Some who gave evidence pointed out the illogicality of the position. If it was being Such a test would have obvious benefit. It suggested that the CCRC should refer more would avoid the CCRC needing to perform cases, would that mean referring cases that mental gymnastics and decide not what it didn’t have a ‘real possibility’ of success? That thinks about a case but what someone else would be reckless. might think. It is also a natural test to be applied. If, having examined the evidence at Wrongly convicted Yet many of us certainly do believe that the its disposal, the CCRC would have brought in CCRC is indeed failing to refer cases in which a guilty verdict, then that’s that. Case closed. of a crime? there have been wrongful convictions; and However, if they would have brought in a not there is a real credibility gap. ‘We were struck guilty verdict, then the case should be referred. by the disparity’, the committee noted, Logically, the case is not then resolved to the ‘between what critics believe it to be doing standards that our system requires. and what it claims that it is doing’. This would be a correct test and also, impor- I can easily illustrate this credibility gap. In his tantly, a civilian test; but the real decision Lost your appeal? evidence, Richard Foster, chairman of the remains the responsibility of the real jury. CCRC, told MPs that ‘many of the cases which have attracted huge support as “obvious mis- This leads on to another key point, which is carriages” turn out not to be’. In my view, this the progress of a case after it has been is plainly wrong; all the cases which have won referred. After parliament set up the CCRC, an widespread and sustained support are important clarification of the CA’s functions genuinely miscarriages of justice. The Staf- was made by Lord Bingham, who said in the ford-Luvaglio case, for example, has been Pendleton case that ‘the CA must not intrude What next? perceived as a miscarriage since the 1960s, yet into territory which properly belongs to the still today the CCRC is refusing to refer it. jury’.

The Justice committee advocated two ways of As a result, the CA has been inclined to send addressing the problems created by the ‘real cases for retrial. So the problem with the possibility’ test. Firstly, they encouraged the present arrangements is that, after referral, a CCRC to be brave: ‘We consider that the case may spend a year waiting to be heard by The CCRC can look again CCRC should be willing to err on the side of the CA and then another year after that If you think your conviction or sentence is wrong making a referral. The [CCRC] should defi- waiting for retrial. If one also takes into apply to the CCRC nitely never fear disagreeing with, or being account the length of time since the wrongful rebuked by, the CA. If a bolder approach leads conviction, this is simply attenuating an • It won’t cost anything to more failed appeals but one additional mis- already attenuated process. • Your sentence can’t be increased if you apply carriage being corrected, then that is of clear • You don't need a lawyer to apply, but a good one benefit’. Yet the CCRC, having considered all the can help evidence very carefully, is not satisfied with Secondly, they considered the basis on which the verdict; and the CA is predisposed to send the CA itself allows appeals. Although this was the case for retrial; so why is the CA hearing a You can get some more information and a copy of the outside the committee’s present remit, many referred case at all? Why is there not simply a CCRC's Easy Read application form by writing to us at of those giving evidence had criticised the formal ten-minute hearing to quash the 5 St Philip’s Place, Birmingham, B3 2PW. or calling 0121 233 1473 CA’s perceived stubbornness. Dr Stephen verdict and make a decision regarding bail? Heaton, of the University of East Anglia, high- The case would then go for retrial and at least Insidetime May 2015 www.insidetime.org The Butler Trust Awards 23

started: “I am 76 years old and never been to prison before. The Assisted Living Unit is where I am and it is not what you would expect a prison to be like it is more like a care home. The officers here are fantastic and look after us very well.”

Other winners nominated or supported by prisoners included Johanne Tomlinson at HMP Stafford who created pioneering groups tackling anxiety, including one for veterans; Clare Cowell at HMP Grendon for her thera- peutic work; Ali Joubert at HMP Huntercombe for the gardens she has set up; and Faith Services Team Leader Bob Paterson at HMP Addiewell in Scotland.

The Butler Trust’s 30th Annual Award Ceremony, hosted by HRH The Princess Royal, took place on 1 April 2015, in the State Rooms at St James’s Palace. Former England footballer and commentator Sir Trevor Brooking CBE (right), a Butler Trust Patron, relaxes with a winner during the reception after the Award Ceremony at St. James’s Palace. Photo credit: © Paul Clarke Photography

The Butler Trust’s Andrew Skilton said “we 30th Annual Butler were really pleased by and grateful for the hundreds of nominations and testimonials by prisoners last year. They are really appreciated by everyone involved in the award process.” It’s a remarkable comment that so many prisoners felt able to recognise excellent and outstanding work by prison officers. Prisoner Trust Awards nominations and testimonials typically show a generosity of appreciation and a flair for HRH The Princess Royal presented 10 Awards and 20 Commendations to a ‘telling it like it is.’ Above all, they come across total of 40 staff members and volunteers from the prison and community as utterly authentic and heartfelt. “Not everyone can win a Butler Trust Award justice system across the UK, the event was attended by over 200 people or Commendation, of course - they’re highly prestigious, and there’s a lot of people doing nations was Trevor Lewis from HMP Exeter. she has clearly dedicated her life to help those impressive work in prisons,” says Andrew The longest-serving and oldest physical who are lost,” said one prisoner. Skilton, adding “but we take every nomina- education instructor in the system, Trevor was tion very seriously, and particularly welcome nominated by fifteen prisoners! His wife was Also prisoner-nominated were Kath Davies, prisoner nominations. So we urge you to keep particularly proud of that fact, saying she felt Paul Goodridge, David Griffiths and John making your nominations.” “proud” to be at the event, “and more proud Watts from HMP Parc for their work with because he was nominated by the prisoners elderly prisoners. The touching nomination Nominations for next year’s Butler Trust themselves.” Awards close on June 30th. by John Pollock The Butler Trust Who will YOU nominate? In every prison there are some people who stand out from the crowd; the kind of he 30th Butler Trust Award people who go the extra mile to change prisoners’ lives. Ceremony was held at St. James’s Palace in April, bringing together They could be a landing officer, workshop instructor, teacher, PE officer, chaplaincy volunteer an extraordinary range of people or anyone else working in UK prisons. Many of them work behind the scenes, unnoticed, from youth justice, prisons and without getting any thanks for their efforts. theT probation service, a well-known footballer and famous ex-prisoner, as well as HRH The Help us give credit where it’s due and nominate someone who’s made a real difference to Princess Royal. The stars, however, were the Butler Trust Patron Terry Waite, famously held your life. All you have to do is fill in a nomination form, with the name of the person you want winners - and many were nominated by, or hostage as a prisoner for four years in Lebanon, to nominate, where they work, and a little about why you think they deserve an Award. Staff received testimonials from, prisoners. talks to prisoner-nominated Award Winner should be able to get you a form (which can be downloaded from the Butler Trust website: Elizabeth Shapland. To the right is the Rev. Peter www.butlertrust.org.uk), but if not, you can use a normal “app” instead (mark it “Butler Trust There were people who helped support young Timms OBE, a prison governor for 20 years, who nomination” and address it to the “No. 1 Governor”). families, who improved healthcare services, or came up with the idea of the Butler Trust. Photo credit: © Paul Clarke Photography tackled gang issues. Physical education and The prison will then collect some additional information and pass it, along with your nomina- car workshop instructors rubbed shoulders tion, to us at the Butler Trust. Our Awarding Panel will review all the nominations over the with people helping female sex workers or Another prisoner-nominated award was for summer, and interview any shortlisted nominees in the autumn. The final results will be elderly prisoners - there was even a bereave- Elizabeth Shapland, from HMP Bullingdon, published before Christmas. ment counsellor. who has spent 25 years as a volunteer bereavement counsellor. “Elizabeth is like a The deadline for nominations is June 30th 2015. Winning the prize for the most prisoner nomi- shining light in the prisoner’s darkness, and Insidetime May 2015 24 Ombudsman www.insidetime.org

You were honest in your views about what we do well and what we do less well. I want my staff to learn from this. Prisons are going ‘A lot of people turn to you through difficult times, so it is especially important to keep trying to improve the effec- tiveness of the independent complaint process. The last word goes to one of those who for help so do your best’ responded: (quote from complainant) “I am grateful to all at your offices from the person who answers the phone (who had at improve. To help in this, each month we send the survey found improvements in levels of times been more than helpful as well as questionnaires to a random selection of those satisfaction with us, even when we were understanding the limited situation I find Nigel Newcomen CBE who complained to us, whether we could unable to uphold the complaint. This suggests myself in) all the way through to the investi- Prisons & Probation Ombudsman investigate their case or not and, if we could, that more people feel they have had a fair gator who has always been thorough and fair. whether we upheld the complaint or not. We hearing and a thorough investigation of their I am personally very pleased that there is ask about the service we provided, what case, even if we didn’t come down on their some kind of recourse when one feels he Prisons and Probation helped, and what could be improved. Where side. aggrieved.” Ombudsman was created as a we could not investigate, we ask whether the result of Lord Justice Woolf’s complainant understood why and what to do However, we have a long way to go. In par- report into the Strangeways riots next. ticular, we must keep working on our timeli- 25 years ago. Being able to make ness. There are also other lessons which I am How to complain to the Prisons aT complaint about your conditions or treatment I want to thank everyone who took the time to including in my office’s plans for the coming and Probation Ombudsman is a basic right for anyone in custody. However, respond to the survey. Sharing your experi- year. These are based on what you have told not everyone will be satisfied with how the ence can benefit others. Some of your criticism us and will include: Prison Service has dealt with their complaint, was severe but some compliments, like this which is why Lord Woolf argued that there one, were evidently heartfelt: l Providing better information about the should be an independent body, such as my complaints process. This will be aimed at office, to turn to. “Thank you for your professionalism in prisoners, immigration detainees and those dealing with this sensitive issue. The investi- under probation supervision, but also solici- Since 1994, various Ombudsmen have worked gator did a fantastic job in researching all my tors, Independent Monitoring Boards, hard to improve fairness in prison by indepen- old OASys documents.” advocates and other providers of information dently investigating complaints. This is not to potential complainants. © prisonimage.org easy, particularly when prisons are struggling One unsurprising finding was that satisfaction and money for all public services is tight, but with our investigations depended a lot on l Finding ways to make this information l The PPO investigates complaints from my staff want to provide a good service and to whether we upheld the complaint and, while understandable to those with poor literacy, prisoners and those under probation supervision do this we must understand the views of those we uphold more cases than we used to, we disabilities, or English as a second language. in England and Wales, and from immigration who complain to us. Which is why, in 2012, I still do not uphold over 60% of cases. I was, detainees anywhere in the UK. introduced an annual survey of complainants. therefore, pleased that, overall, satisfaction l Formally reminding prisons and the other l We are independent of the Prison Service, the We recently published our second year levels improved among both those whose case services we investigate of their obligations. For Probation Service, NOMS or Immigration findings. This shows that we are a long way was upheld and those whose case was not. example, under Prison Service Instruction Enforcement: we are impartial and unbiased. from pleasing everyone - and the letters page 58/2010, Governors must ensure that: of Inside Time sometimes echoes this - but it This generally positive finding was particularly • Information about the PPO is made widely l We can investigate complaints about most also suggests that complainants generally pleasing because, like many public services, available to prisoners; aspects of your management, supervision, care, think we are going in the right direction. my office has been struggling to deliver more • Posters and leaflets about the PPO are and treatment. We can’t investigate complaints work with less money. Our biggest challenge displayed in prison libraries, reception and on about medical treatment or about decisions by a My office receives around 5000 complaints a has been clearing a big backlog of older cases, all prisoner notice-boards. court or the Parole Board.. year. Less than half of these are eligible for which has meant we have been much slower l Before you complain to us, you must investigation, usually because the complaint to investigate than we would have liked. For- l Working with the Prison and Probation complete all the stages of the internal com- has not gone through the internal complaints tunately, these backlogs have been greatly Inspectorates and Independent Monitoring plaints process first. If you are still unhappy: process first. This is frustrating for you and reduced and our timeliness has been improving Boards to ensure this information is actually • Write to us within three months of receiving wasteful for us, but my hands are tied: I can - although with more cases coming in all the available and on display. the final response. only investigate if you go through the proper time, this will always be an ongoing battle. • Send us a short note telling us why you are not processes. We clearly have a long way to go to l Improving communication with individuals happy with the response to your complaint. help complainants understand how to use us Because money is so tight, we have also had to about their complaints. For example, by • Send us your completed complaint forms we properly. focus our resources on cases where we can explaining decisions and keeping you up to will copy and return them to you. (If you don’t make most difference. This has meant being date (including about any delays); explaining have the complaint forms you can still complain When we do investigate - and we have much firmer about not investigating cases that the prison will be contacted for us to to us but it will take us a bit longer to respond). struggled with a backlog of cases which has where we believe there can be no worthwhile gather evidence so we can make a fair Write to us at: Prisons and Probation badly delayed our work - we find against the outcome, for example because the matter is so decision; and setting out when you may hear Ombudsman, PO Box 70769, SE1P 4XY. authorities in about 39% of cases (3% more minor or because steps have already been from us during the investigation. than last year and 16% more than in 2011-12). taken to improve things, or because the When we uphold a case, we can make a range prisoner has been released or even that the of recommendations. These can include prison concerned has closed. This has been a financial compensation, a change of decision necessary approach in difficult times, but not ZMSZMS SOLICITORSSOLICITORS or policy, a formal apology, or even that staff always a popular one. should be disciplined. Over 99% of our rec- Prison Law specialists serving prisons throughout the Midlands. ommendations are accepted and we expect to We have also tried to improve how we com- • IPP/LIFER ISSUES • be shown proof of the action taken. municate with prisoners. For example, these articles in Inside Time are now one of the most • PAROLE APPLICATIONS • I was interested to read the view of one reader common ways that prisoners say that they • CATEGORISATION • in the March edition of this paper that he heard about my office. There have also been thought the apologies we sometimes new posters and adverts, and a Prison Radio • ADJUDICATIONS • recommend were not worth the paper they campaign. This is not about drumming up • JUDICIAL REVIEWS • are written on. I don’t agree. There are many business, but about trying to help prisoners to cases where the person making the complaint understand what and when we can investi- LICENCE CONDITIONS • suffered no financial loss, but he or she still gate. I hope this helps you avoid the frustra- • RECALLS • wants to be vindicated. An apology does this tion of making a complaint that we cannot and may even restore some sense of a com- investigate and helps my staff focus on inves- Contact Simon Mears - Prison Law Specialist plainant’s dignity and self-worth. I believe it tigations, instead of spending time apologising ZMS Solicitors 11 Bowling Green St, Leicester LE1 6AS also encourages staff to improve their practice. for not being able to act. 0116 247 0790 There is no doubt that my office can also So it is pleasing, even at a difficult time, that Free advice & representation under legal aid

Insidetime May 2015 26 Comment www.insidetime.org

about sending ever more people to prison. Indeed the Tories boast about having added Dr Denis MacShane “3,000 more adult prison places than in A Former MP and prisoner 2010”. These new places will soon be filled up as the Conservatives want judges to face chal- Prisons likely lenges if they are considered to have been too he crisis in British prisons will lenient in sentences. This is an open door to worsen under the next govern- atavistic tabloid editors, in particular, to create ment whoever is prime minister. a storm on any sentence they don’t like and The British prison disaster is well will place further pressure on prison junky known from the reports of the to keep filling judges to send more inside for longer stretches. ChiefT Inspector of Prisons, Nick Hardwick. Ever increasing suicides, and little rehabilita- A new role for courts, which may cause eyebrows tion with up to 70 per cent of all released to lift in the epicentres of excessive alcohol prisoners back inside 12 months. Prison staff consumption like the House of Commons or morale is low. The large number of women City bars is to award “Sobriety Orders” with prisoners, often inside for non-payment of up whoever “alcohol monitoring tags”, a kind of permanent BBC licence fees or other difficulties with Breathalyser attached to anyone who drinks money management, shames a civilized nation. too much.

The root cause of the well-known British prison The Tories propose what they call “a semi- problem is the massive increase in prison numbers wins election custodial sentence allowing for a short, sharp in the last two decades. Under Margaret spell in custody to change behaviour.” There Thatcher there were 45,000 prisoners. She is no explanation of what “semi-custodial” was hardly a bleeding heart liberal yet she did means but it suggests yet further men and not share the obsession of her successors with women sent inside. In addition, police cautions mass incarceration. Under David Cameron UK are to have added to them “conditions such as prisoner numbers are touching 100,000. This victim redress.” is far higher than equivalent European democ- racies which have similar levels of crime but do All this implies more police, probation, and not seem to need to put so many inside at prison staff supervision and more money for such cost to the taxpayer. Serco or G4S attaching alcohol tags . But none of the Tory or Labour proposals are costed. In the first four years of the Coalition government 1,073 new criminal offences were created. This The Tories want prisoners to lose the protec- adds to the 4,300 new crimes in the thirteen tion of the European Convention of Human years of the Labour government before 2010. Rights and there are of course no proposals from either party to restore legal aid cuts Prison reform does not feature in the manifes- which will result in more men and women toes of the Conservative and Labour Parties being sent inside on remand or on the basis of one of whose leaders, David Cameron or Ed undefended or poorly defended court cases. Miliband, will be in charge in shortly. So neither party is up for serious prison reform or to ask if the mass incarceration policy of the Neither manifesto mentions the massive rise in last twenty years really works and why it is so prison numbers. No party dares to ask if our costly. Neither party can pledge to make judges with their obsession with sending people available more taxpayers’ money to help to prison are adequately trained or are capable educate or rehabilitate prisoners, to stop so of rethinking their pro-prison prejudices. The many being sent in, or to help those released Labour manifesto at least recognizes the recover work and dignity. problem of youth crime but then descends into unclear language about “piloting a new Neither party is prepared to tackle the financial approach to 18 to 20 year-old offenders, exclusion that faces newly released prisoners. incentivizing local authorities, police and There is no sense that the serious work of probation services to work together to identify prison reformers has been taken into consid- those at risk drifting into criminal activity.” But eration, rather that the prejudices of the press since Labour is proposing cuts and more count for more than putting right what is a austerity for local councils, police and the broken system. already weakened probation services, Labour’s claim sounds more like wishful thinking than Sadly, prisons in 2015-2020 are going to be in serious, properly financed policy. as bad a state, if not worse, as they are today with more people sent inside and little hope of Labour says that “Prisons will be measured by recidivism being reduced. how successful they are in reforming prisoners and reducing their re-offending.” This sounds Denis MacShane is a former MP who was good but there is no explanation of how this sentenced in December 2013 to six months in will be achieved without reducing the numbers Belmarsh after he refused to contest a case inside. Labour also says it will “raise profes- following a decision by MPs to end his parlia- sional standards amongst prison officers, including mentary career over expenses claims despite through the creation of Chartered Prison having been cleared following a 20 month Officers.” Again this is a worthwhile objective Metropolitan Police inquiry. His book “Prison but unless backed by serious money it will stay Diaries” setting out what happened and his as warm manifesto words. time in prison is published by Biteback. He is speaking on prisons at the Chipping Camden The Conservative manifesto uses language © duncanandison - Fotolia.com Literary Festival on May 6th. Insidetime May 2015 www.insidetime.org Comment 27

more than one day and up to 12 months will be supervised by the Probation Service, as run by the new Community Rehabilitation Centres Custody or community: (CRCs) and ought to mean that offenders will now come out of prison with support ‘in place’. (Although we have yet to see the results of this and there is an element of ‘watch balancing risk of re-offending and risk of harm this space’).

However in an already pressured service in a against the ‘need’ for custodial sentences state of fl ux, will supervision of people - whose lives are often already challenged and now will have been further compounded by a custodial more often than they are to consider months. I am not in any way advocating longer Lucy Baldwin sentence - simply be focussed on ‘recovering’ community sentences? sentences - quite the opposite I am suggesting ground to positioning many released prisoners Senior Lecturer in Criminology on the that for the many of the offences for which back to where they were pre custody? (i.e. in ‘purpose’ of punishment The hard facts are that the Criminal Justice people are sentenced to custody - a community terms of securing employment, housing, System has fi nite funds and a fi nite number of sentence would have been not only less external support networks etc). prison spaces. In January 2014 UK prisons damaging to the individual and to society - but rom now until the general election literally had less than 500 spaces left - yet over additionally more effective. Particularly if said Therefore would people who offend and also prison and prisoners will come under 84% of women and 71% of men in custody community sentence combines the required ‘society‘ not be better served by a comprehen- scrutiny - after essentially being are serving sentences for non-violent offences ‘punishment ‘aspect of the order with support- sive, stringent ‘offending behaviour‘ focussed ignored or feeling like ‘background ergo are assessed as low risk of harm and as a ive and meaningful conditions that may community disposal which allows pre-existing noise’ to politicians during the result the majority of these sentences are for remove some of the ‘barriers ‘to living a life supportive factors (i.e. job, homes, family majorityF of a term served - suddenly press and periods of less than 12 months. (Average free of crime. One such example might be support etc) to remain in place whilst still media will be fi lled with ‘stories’ that will sentence being 8-9 months). This may sound substance misuse, assisting people to move ‘punishing’ via restrictions/sanctions but addi- highlight how all intend to tackle the ‘issue’ of a relatively short, insignifi cant period of time, away from damaging addictions is key in tionally genuinely addressing offending behaviour. Crime and how it is managed. however the level of disruption caused to an relation to some people and their offending, individuals and their families lives by a short though by no means all. Therefore is there not an argument that rather With the general election looming and a focus, custodial sentence is vast. It not only impacts than focussing on the supervision of offenders at least in part on crime and its management on the individual in relation to them perhaps Many people leave prison, jobless, homeless, following short sentences, perhaps the focus perhaps now is a good time to ask ‘what is the losing their home, their jobs, family support - often without a family network and with only would be better placed on the courts and the purpose of punishment?’Is it primarily and sin- and in the case of some even their children. As £46 release money in their pockets a long wait use of comprehensive, effective alternatives to gularly to punish by removing the opportunity if those factors alone are not ‘worthy’ enough for ‘processing ‘ of benefi t claims - therefore custody? of reoffending in the same way (we can’t be so of consideration then factor in also the impact no means of income, when these factors are naïve as to suggest it isn’t possible to commit on society in relation to cost of prison vs considered perhaps the reoffending rate is not crime within a custodial setting)?To rehabili- community disposals (£39,000 vs £2-5pa), surprising. Lucy Baldwin, Senior Lecturer in Criminol- tate? To act as a deterrence? Or indeed is it all this is without the additional ‘cost’ of assisting ogy, is the author of a forthcoming book of the above - how can these end goals be someone fi nd accommodation, benefi ts in Technically the Transforming Rehabilitation ‘Women, Mothers and Criminal Justice’, achieved? Can they only be achieved or are place of wages, cost of children in the care Agenda will now mean that from February Waterside press 2015 they best achieved by custody? Is loss of liberty system (not to mention the damage caused to 2015 for the fi rst time offenders sentenced to alone a more severe and effective punishment children whilst in the care system). Because of than restricted freedom with specifi c require- the sheer numbers in prison resources in ments to comply with offending behaviour prisons are strained and as a result often programmes or address for example substance prisoners are quite simply being contained, so Midlands & South: 0121 270 1988 misuse issues? perhaps punished yes - but rehabilitated? North: 0114 321 1000 Arguably not so much, because of said condi- FREE Initial Advice During election campaigning, we see politi- tions and the sheer numbers serving short cians ‘responding’ to an arguably ill-informed, sentences, many offenders are leaving prison Who’s on your side media led and generally punitively minded having done little to address their offending public, by proposing ever more punitive initia- behaviour - even those who are deemed to on the inside? tives, e.g. New Labours’ ‘tough on crime’ pose a signifi cant risk of harm. stance. Responses to key issues like education, Call now for FREE Initial Advice from over 160 experts UK wide health, immigration, welfare and crime are The Prison Reform Trust and Howard League We are National Prison Law Solicitors who consistently vote winners and losers, and it seems in have suggested before but it is worth stating achieve great results for our clients. We can also help you relation to crime the favoured response to again that arguably short custodial sentences in many other areas of legal advice, so get in touch today secure votes appears to be increased use of actually increase the likelihood of reoffending so we can help you out. custody and longer sentences per se. because of the impact on surrounding Now incorporating • Sentence Calculation offending related factors, i.e. unemployment, LEGAL • Recall (Parole board only) We know there are many ways to skin a cat, housing, family ties etc. Indeed the reoffend- AID • IPP parole review just as there are many ways to effect change in ing rate shoots up by around 15% for those • Lifer parole review • Independent adjudication people. England and Wales have the largest offenders serving sentences less than 12 Legal Aid prison population per capita in Western • Sentence calculation • Challenge licence conditions Europe, in the UK from 1993-2012 the prison FIXED • Re-categorisation reviews • Category ‘A’ Reviews FEE • Access to offending behavioural work • HDC appeals population more than doubled -from 41,800 • Early Release on conditional licence • Release on temporary licence • Pre Tariff lifer & IPP reviews to 86,000 (85,576 in March 2015 MOJ). So it Fixed Fees PURCELL PARKER • Appeal against conviction/sentence • Judicial review is worth asking, should we be using prison so readily? Does it work? Or is it time for a shift in Solicitors Other areas we can help with: thinking and more sparing or at least more BIRMINGHAM’S TOP considered use of custodial sentences. PRISON LAWYERS Licence Recalls There are obviously going to be some people Prisoner Adjudications Family & Divorce Child Care Child Contact Immigration for whom prison ‘works’, and arguably there IPP & Lifer Parole are some people for who prison is justifi ed - in HDC FREE the case of serious and dangerous offenders Sentence Calculations who pose a genuine threat of harm and risk to Re - Categorisation Mental Criminal Free Police Video Link into others. However this description does not Health Defence Station Prison where match by far the majority of people who are Call now to speak with: Representation available

sentenced to custody. The majority of people Tiernan Davis, Sadie Daniels or Anthony Cartin Write to us: Prison Law, Cartwright King, Norwich Union House, Nottingham, NG1 2LH in prison in fact present quite the opposite and Purcell Parker Solicitors are low or low-medium risk of harm to others. 204 - 206 Corporation Street Birmingham B4 6QB Should therefore our prisons be as full as they are or ought Sentencers to be minded much 0121 236 9781

CKPL 190315.indd 1 19/03/2015 12:42 Insidetime May 2015 28 Comment www.insidetime.org Restricted ROTL

restricted ROTL. If you are in a women’s PRISON Francesca Cooney prison, you must have been classed as REFORM suitable for open conditions to get restricted Advice & Information ROTL. TRUST Manager

However, if you are assessed as low or he long awaited policy on ROTL medium risk under Mappa and already (release on temporary licence) is suitable for Cat D transfer, this can be priori- now out. Prison Service Instruc- tised. Also your categorisation can be tion 13/22015 was issued on reviewed if you may be suitable for Cat D. 23rd March. Some of the regu- This does not mean that you will be moved Tlations are the same as the interim rules but to Cat D automatically, but if you are in this there are some important changes. situation, ask the prison staff if they can review your categorisation. The PSI is very clear that getting ROTL is not a given. It is not automatic and there is no Another important change is that for anyone © bizoo_n - Fotolia right to ROTL. It will always depend on an under the Restricted ROTL process, the first individual’s circumstances. Also, there is no three ROTLs (at least) must be accompanied guarantee that ROTL will start at the eligibil- (taken with an officer). Please note that this ity date. It could be later on in the sentence. is a minimum so it might be that you are Should prisoners have assessed as needing more accompanied The Restricted ROTL process (for people ROTLs. There will be an additional licence considered to be more dangerous) has been condition requiring that you remain with and extended to cover anyone under Mappa. This follow the instructions of the supervising the right to vote? process involves more checks (before ROTL officer at all times. Escorted absences for is agreed and also when the ROTL is in place) lifers and IPPs were suspended under the Evie Pardoe wonders how prisoners can re-enter and a psychological assessment. The decision May 2014 interim instructions. They have is also taken at a higher level, as it must be now been stopped but as all indeterminate society if they are kept disenfranchised signed off by a governor or deputy governor. sentence prisoners are under the restricted ROTL process, if they are approved for recent survey conducted by The should be given the right to vote, but eligibility Who counts for restricted ROTL? ROTL, they will have supervised ROTL on at Guardian asked ‘should UK to vote should be earned or determined by the • All lifers, all IPPs; least three occasions. prisoners be allowed to vote in amount of a sentence left to serve. • All eligible for Mappa; elections’. The results revealed • Anyone assessed as high risk or very high For lifers and IPPs, there is also a new that out of 1468 participants, Although giving prisoners the right to vote has risk on OASys; guideline for when ROTL can be taken. To 853A (58.11%) voted ‘YES’, leaving the been discussed between those in power, it is • Anyone who will be on the sex offenders work this out, you will need to know the time minority, 615 (41.89%) participants voting unlikely anything will change in the foreseea- register; period between your approval for transfer to ‘NO’. All members of society, including ble future. If it were to change, society could • Anyone who has a sentence for violence open and your next provisional parole prisoners, will be either directly or indirectly potentially become more punitive due to the under schedule 15 of 12 months or more. hearing date. This is a guideline though, so affected by the general election, but prisoners uproar it could cause; therefore suggesting do not get a say in the matter. keeping it the way things are at the moment individual circumstances and the sentence Everyone else will be assessed under the plan will also be taken into account. isn’t such a bad idea. For this to change society standard process. Currently when we send someone to prison needs to be educated on prison, its effects and we strip them of their identity, remove their in particular how it is best to reduce reoffend- Another important change is that not all right to vote and label them as a criminal. At ing rates; because at the moment any humane prisons are allowed to provide restricted the end of a custodial sentence the process of addition or alteration to the Criminal Justice If you would like a copy of the new PSI on reintegration must begin, being denied the System is seen to add to the creation of the ROTL. It is now only available in open, ROTL or have any questions, you can right to vote could make reintegration increas- ‘Holiday Camp’ we call prison. category C/D and women’s prisons. This will contact us at the Prison Reform Trust, ingly difficult, expecting prisoners to be impact on some people who are not yet FREEPOST ND6125 London EC1B 1PN. released into a country they have had no say classed as suitable for open but have been Our free information line is open Mondays in and therefore do not feel part of. Evie Pardoe is a Forensic Psychology and taking ROTLs in their prison. If you are in an 3.30-7.30 and Tuesday and Thursday Criminal Justice Graduate at Birmingham open and closed site, you must be in the 3.30-5.30. The number is 0808 802 0060 I’m sure not all prisoners are budding politi- City University. open part of the prison to be eligible for and does not need to be put on your pin. cians and perhaps wouldn’t vote if given the opportunity; but all this does is add to the ‘us and them’ culture we are engulfed by, con- SOLICITOR NOTICE BOARD J D Solicitors stantly distancing ourselves from criminals and Malthouse Chambers their past. Today there are only 47 people in 30 Walsall Street, UK prisons who are serving whole life Will you be unable to vote in the General Election Willenhall WV13 2ER sentences, meaning that the remaining 85,301 on 7th May 2015? prisoners will be released into society at some Prison Law Specialists Serving the East and West Midlands point in the future. Surely, knowing this, If you are a convicted prisoner serving a sentence of society would want to ensure that everyone is • Parole Applications and Reviews doing everything they can to ease the reinte- 6 months or less and will be in prison on 7th May 2015 • Licence Conditions and Recalls gration of prisoners back into society, by and therefore unable to vote in the General Election, • Categorisation and Transfers encouraging prisoners to be good citizens • Cat A Reviews and Lifer Panels which in turn, could reduce reoffending rates. despite wishing to do so, we would like to hear from you. • Sentence Planning and H.D.C. Giving prisoners the right to vote wouldn’t be For free professional expert advice. a luxury, it would be fair, humane, and could Please contact: You can ring, write or e mail us with all your lead to a number of positive outcomes. prison law issues. Instead, society chooses for them, as if they Sean Humber of Leigh Day Solicitors Please call our Prison Law Team: are incapable of making an educated decision, Priory House, 25 St John’s Lane, London EC1M 4LB 01902 632123 but expect prisoners to abide by them once 24hr Emergency No: 07971 194 042 back in society. Perhaps not all prisoners 0207 6501203 [email protected] Insidetime May 2015 www.insidetime.org Comment 29

harmers, bullying victims, victims of prison violence and to work as a team together to devise and deploy strategic approaches to end Suicides and mental health or at the very least reduce the amount of suffering being endured. William Pulman asks - so what’s the solution to stop this epidemic It’s not all about what so called experts believe of increasing suicides in prison? is the right approach. This is a whole problem that requires a whole approach. It’s easy to empathise with people at times but unless you ental health is a huge issue have been through this type of emotional within prisons, for some despair and crisis then how can you ever truly prisoners it is no problem and understand what the problem is, what it feels they are accustomed to it, for like and how to solve it? a lot it’s an alien, intimidating and very frightening environment. One in M Medication is only part of the solution, for which they are already feeling low, perhaps some this works for others it worsens their due to shame or guilt for their offences, condition and the desire by practitioners to perhaps due to the life lost outside in the free just try and solve problems with pills is naive world, perhaps due to lost family. But what is and seen as a quick fix. Often trying to almost clear is that there is no ‘one size fits all’ policy ‘zombify’ people so they don’t ‘feel’ the pain that works effectively to help prisoners who they are going through doesn’t solve any are in often deep crisis. problem. It just postpones it for another day. Yes each prison has a team of trained listeners It is human nature to try and hide their to come and hear your problems, the issue suffering so by the time a person is seen to be here is that the conversation is one way and sat crying, self-harming or seen to be very low no advice or help can be offered. Listeners do it’s typical that the suffering has been going ‘exactly what it says on the tin’ and listen to on for some time and has not been identified. your problems. I am not suggesting that this is People often feel ashamed and humiliated of not a good tool in the prisons arsenal but it the way they feel, that they are worthless or lacks the teeth to actually do anything. © igor - Fotolia useless for not being able to cope or for feeling very low. Don’t demonise people, try and With prison overcrowding at an all time high understand, show respect, even just offer a and prison staffing at an all time low its hardly prison and not just the prison operators. We know or the circumstances they find themselves smile when you see them. People in real crisis surprising that prisoners in need of help are all have a duty to ‘do something’ if we identify in. At the end of the day we are all human may also find it very difficult to verbalise and slipping between the cracks and left to see a person in crisis. Tell someone, an officer, beings, all races, all nationalities, all colours and explain what they are feeling or why! their issues escalate into a sense of complete safer custody or just go and have a coffee and all creeds and everyone has the right to life. desperation. Also a lack of adequate training a chat with that person ... you are not a coun- I don’t profess to be any kind of expert on this for prison staff in terms of identifying those at sellor but for some people in crisis who feel It doesn’t matter if a prisoner is 18 or 80, subject from a ‘qualification’ basis, but as a risk is a real issue. Often prison staff see those isolated, alone and afraid, a friendly face and serious depression, mental health and coping human being with a caring nature, a person in need as THE problem rather than being a chat can really make a huge difference. issues can affect ANYONE. So what’s the who has and does suffer from depression and person WITH problems so they avoid those Respect confidentiality and don’t spread solution to stop this epidemic of increasing at times despair, I do know how it feels. I have people or make inappropriate comments like rumours about peoples’ problems around the suicides in prison? witnessed and been subjected first hand to very ‘man up’ ‘sort yourself out’ etc when that’s wing as this can exacerbate that person’s poor handling of what could be serious situa- exactly what makes the problem worse. problems. There is no definitive answer to that BUT it’s a tions, having almost lost my life during those No-one wants to feel depressed, low, suicidal problem that can only be solved in this times I know how bad things can feel. That’s or needing to self-harm, if they could manage Everyone has the right to life, everyone has author’s opinion by prisoners and prison why suicide prevention is everyone’s problem. their problems they would and negative times of need, some cope, others don’t, it authorities as well as the Government working comments can often ‘tip people over the edge’. doesn’t mean that those who don’t cope are TOGETHER to beat this alarming number of weak or pathetic, so the next time you see suicides. Suicide in prison affects so many So the next time you see someone who appears in crisis, witness bullying, see a person One thing is for sure that a multi-faceted someone who appears in crisis, or looking very people not just the victim but their families, in despair or suffering, take just a minute to approach to this problem is needed and its low and down, smile, say hello, ask if they’re friends, prison staff, other prisoners and it can show some compassion, share a smile, or just needed urgently to prevent this problem con- ok, you never know you could be giving a have a knock on effect in that it’s recognised tell someone who is in a position to help. tinuing to worsen. Prison authorities, person a little hope to manage that day. prison suicides often occur in clusters or Governors/Directors need to be far more ‘copycat’ incidents. Whereby one prisoner I know I don’t want to be a person who engaged with prisoners and willing to accept Now I know what some people will be thinking take his/her own life then others who are in a witnesses first hand a suicide in prison .... do problems when they are raised and then ‘well if they don’t want to be in prison and similar state of crisis see that as ‘the answer’ to you? actually ACT to implement changes that may can’t cope then don’t commit crime’ ... unfor- their problems too and a solution to end their save lives. tunately it’s not as simple as that and life for suffering, so take their life too. everyone is complex and there are many, William Pulman currently resides at HMP Another thing that is essential is that everyone many reasons why people go to prison. We It’s time to sit up and listen to those affected Oakwood accepts that suicide is everyone’s problem in don’t have the right to judge people we don’t by depression, mental health issues, self-

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www.shawandco.com Shaw & Co 020 8549 4282 01752 200402 NATIONWIDE SERVICE Insidetime May 2015 30 Comment www.insidetime.org Innocence projects - a way forward? With the loss of the Innocence Network UK, Mark Alexander offers suggestions for a new approach

he announcement that Innocence wrongful admission or exclusion of evidence; Exciting collaborations like these have already concerns about cuts to legal aid - commented Network UK (INUK) had non-disclosure; counsel incompetence or mis- started appearing in the past 6 months alone: that, “There is pressure in every direction to disbanded in September 2014 conduct; poor summing-up, or misdirection, at the University of Essex, for example, who meet the gap in unmet legal needs”. Pro bono came as a real shock to those of by the Judge; police failure to pursue reason- have begun working in partnership with Inside should never replace legal aid - indeed it can’t us on the inside still fighting for able lines of enquiry, or secure evidence; Justice (itself funded by the Esmee Fairbairn - but it already makes a huge contribution in justice.T There had been no indication to those abuses of process; and so on. Recognising the Foundation, Inside Time, and the Roddick supplementing its provision. As Rebecca of us on their waiting list that the organisation symptoms of a wrongful conviction will enable Foundation); or Sheffield Hallam University, Hilsenrath, chief executive of the charity was having any problems, so it all seemed students to diagnose them. who are now working in conjunction with LawWorks, notes: “It doesn’t help if, as a pro- rather disappointing and confusing when the Cartwright King (albeit on prison law); and of fession, we simply maintain the line that this is news finally reached us. What had gone The next big thing is understanding the various course, the all new Centre for Criminal the government’s responsibility. Even if some wrong, and why would they seemingly give tests applied by the CCRC and the Court of Appeals, which - whilst an independent law of us can’t do much, it is beholden on us to do up on us like that? In this article, I examine Appeal: the ‘safety’ test (including the ‘lurking practice in its own right - is funded on a similar as much as we can”. Smarter marketing will some of the problems innocence projects face doubt’ test and, more recently, the ‘risk of a basis by charities. Their vision of bringing an enable innocence projects to garner both the and propose a number of ways forward for miscarriage of justice’ test); the ‘real possibil- American model of miscarriage of justice support they need and the cases they need to the movement. ity’ test; the ‘jury impact’ test; the cumulative investigation to Britain - with a focus on work with. effect of multiple grounds of appeal; and the defence orientated ‘boots on the ground’ rein- INUK was essentially a casework referral court’s discretion ‘in the interests of justice’. In vestigation - is perhaps the most exciting ideo- Dennis Eady (Cardiff University Innocence service that assessed applications from addition, an appreciation for historic cases and logical departure from INUK yet. Project) has suggested that the breaking up of prisoners who protested their unequivocal campaigns will help students to identify INUK may “provide a timely opportunity for innocence in a crime for which they were patterns of failure and spot the tell-tale signs Corporate Social Responsibility universities to close down their activities”, but wrongly convicted. Members of the network of a miscarriage of justice. Above all, student law societies and innocence I have to disagree. Rather, they should take signed up to common operating protocols and projects alike need to tap into the increasingly this opportunity to consider a new approach. investigative methodologies, and were Finally, an understanding of what ‘fresh’ prevalent mind-set of Corporate Social We need our innocence projects now more allocated eligible cases by a centralised co- evidence is and the issues surrounding admis- Responsibility (CSR), through which corporate than ever. They play an invaluable role not ordinator following assessment. sibility should fully arm an innocence project law firms pledge to channel a percentage of only in expediting justice, but in shining the member with the basic tools they need to pick their time to pro bono work (free legal help) spotlight on the prevalence and scale of mis- The Innocence Network helped to fulfil the apart a prosecution case and identify the each year. CSR is founded upon the belief that carriages of justice in Britain. From the ashes desperate need for investigative assistance in threads that merit further investigation, or the corporations ultimately have a moral duty to of INUK lingers a glistening phoenix. Exciting criminal appeal cases which simply couldn’t be commissioning of an expert, before submis- give something back to society, and that the opportunities await. Now is the time to grasp met under legal aid. INUK helped to bridge sions can be prepared. legal profession in particular is ethically bound those opportunities and foster the rebirth of the chasm between what a legal aid lawyer to promote access to justice and equality of an all new innocence movement in our country could achieve and what needed to be pursued There wasn’t an innocence project at my uni- arms. Over recent years, this has seen a - based upon democracy, regulation, and col- in an investigative context. With INUK’s dis- versity when I was at law school in 2010. How growing amount of private sector involvement laboration - potential mechanisms for which bandment - and the simultaneously crippling I wish there had been, if only to structure my in traditionally state funded areas such as we have explored in this article. There has effects of legal aid reforms - that void has not expectations! I walked into the Crown Court social welfare. Indeed, the idea of setting an never been greater potential for change in this only reopened, but become bigger than ever. with the lofty principles and beliefs of the aspirational target of pro bono hours for all field. Let us rise to the occasion and unite in lecture hall. What I received in return came as lawyers and firms to aim for is gaining increas- our pursuit of justice. My own firm of solicitors were forced to close a cold, sharp shock. Innocence projects serve a ing currency within the profession. their criminal appeals department at the vital educational purpose, grounding future Mark Alexander is currently resident at beginning of 2015. lawyers and barristers in the realities and prac- The Attorney General’s pro bono envoy, HMP Gartree ticalities of a fallible justice system. Michael Napier - in expressing his own Those of us struggling with exhausting and lengthy appeals know how easy it would be to Sponsorship just give up in the face of obstacle after relent- The most fundamental problem facing any Our Team of over 25 less obstacle. innocence project is funding. Without it they specialist advisors lack the resources or the capacity to meet Regulation and governance demand. A radical approach is needed if have a wealth of The simultaneous curse and blessing of the others are to improve the service they can experience to offer INUK model is that it relies almost entirely provide. When I was at university I stood for you including: upon student manpower. On one hand, the our Law Society elections. Fundamental to our great advantage of this is that there is an role was approaching law firms to sponsor our • Parole Board Hearings almost endless source of talented young minds society events, open days, competitions, etc. • IPP Sentence Issues in our universities with the dedication and Every student law party we hosted was funded • Mandatory Lifers enthusiasm required to plough through the partly by a firm keen to attract future appli- • Discretionary Lifers stacks of material in a case. As Dr Andrew cants, and partly by our own membership • Automatic Lifers Green pointed out on JusticeGap, “No one fees. Law societies have a responsibility to • Sentence Planning Boards working under the restrictions of legal aid reflect the ethical interests of their student • Re-categorisation funding or the budgetary constraints of insti- members, and I believe that in this capacity • Category A Reviews tutions such as the CCRC is likely to do the they can play a much greater role in the • DSPD Assessments detailed work that students are prepared to innocence project movement. • Accessing Courses do”. However, given their lack of experience National means near YOU! We can help you in ANY • Parole and the quick turnover of university students, If student law societies allocated part of their • Recall much of the advantage is lost in the continu- funding to their university’s innocence project PRISON in England and Wales, • Independent Adjudications ous cycle of training new recruits up. then they would be able to secure its longevity at ANY TIME. • Governor Adjudications and increase its capacity. This would involve You can also write to us FREEPOST at: • Challenge of MDT’s For future innocence projects to run efficiently, student representatives actively approaching • HDC “Tagging” they need to develop a vigorous and intensive law firms to fund their innocence projects. FREEPOST RTAB-BATB-HGAU • Transfer training programme to get their students into They may also choose to mark-up their mem- Carringtons Solicitors shape. A formulaic approach is critical and the bership fees on the basis that a percentage • Judicial Review Nottingham • Tariff Representations first thing they need to get to grips with is was going towards the initiative. Innocence NG2 2JR what constitutes a valid ground of appeal. projects have everything to gain from affilia- • IPP Sentence Appeals Once you’ve familiarised yourself with the tions with law firms. Many will be willing to Tel: 0115 958986 34720983 • Police Interviews common errors that occur at trials or in police donate time rather than money, supporting investigations, you’ll have a good idea of what projects through the provision of invaluable you should be looking out for: things like the expertise and legal oversight. Insidetime May 2015 www.insidetime.org Comment 31 The problem-solving path to support justice

These courts don’t want to send people to Charlotte Bull prison. They want to get involved in the Churchill Fellow defendant’s life to find the reason behind offending. They want to really dig in to what the problem is, throw multi-agency resources merica is a country of extremes. at it, fix it and then wave goodbye to the It’s a cliché to say it, but like defendant for good. No more darkening the most clichés it’s substantially door of the court- go out and get on with your true. It’s a country known for lives. If this sounds like an uncomfortable © freshidea - Fotolia.com many extremes- climate, religion prospect, its because for many involved it is, at andA politics. Perhaps a lesser known, but com- least at the beginning. This isn’t an option for pletely true extreme, is the criminal justice the faint-hearted. We are talking going before system. the same judge every week for a year or two. The waiting game Reporting on progress, whether it’s good or From the start let’s acknowledge that the US bad and engaging with support services. criminal justice system has got some appalling Getting housing sorted, treatment and press recently. And quite rightly so. From the employment - with the help of the court. It’s Ross Bell’s impressions of life on the inside spate of shootings of unarmed black men by hard work and it requires dedication from police and the practice of holding prisoners in everyone involved. solitary confinement for years at a stretch, its ’ve been back in Wandsworth since cannot help them. Their lives are disdained in not difficult to conclude that this is a system mid December because of going the rabid political discourse leading up to a The thing is it works. Admittedly not every time, without any merit whatsoever. It’s also a but the reoffending rates have dropped by through the confiscation process. The general election. The shame is all of ours. system that, in some states, hands down two-thirds. Defendants who have been through location was Kingston Crown Court, sentences that are so long they are without the system overwhelmingly praise it. “Life no lube was applied and I took it like And so I wait. I’ve waited for loads of things meaning- 999 years! The spirit of rehabilita- changing” and “a true fresh start” is frequent Ia man. The tears have barely dried and I now before. Vicky kept me waiting to marry her tion and reintegration is completely absent. feedback. In some places it’s just targeted at look feverishly to being transferred again. I for years, because I suspect she thought low-level non-violent crime, but in Texas they was in effect ‘loaned’ to Wandsworth from there was some sort of degenerative disease will also take on violent and sexual cases as well. The Mount and I now have to start the in the background (turns out they were just What’s interesting to me is that the problem- process of writing applications and whining hangovers). I’ve waited for years for facial solving court method gets praise across the extensively to getting out of here. hair and flares to come back into fashion, political spectrum. The Left like it because its and now they have, I’m stuck in here. The genuinely providing rehabilitation, engaging Unlike being loaned out if I was a sports star, Matrix blew my mind and is still my favourite defendants in a meaningful way and treating no-one is particularly happy to see me come film. I waited excitedly for the sequels, only them as human beings. The Right praise it and go or desperate to do the paperwork to to be left so disappointed and very, very because it saves money- it’s cheaper than make it happen. Vast disinterest abounds. confused. I’m still waiting to become a prison and it’s reducing crime on the streets. The pace of administrative speed in here proper adult. Not just in Texas either. Similar programmes exist across America with the same positive leads me to believe that forms are trans- results. ferred via teams of trained snails, hitched up The trick is not to chafe too much. This can to miniature carts. Either that or they have apply mentally as well as when wearing tight For me, the crux of the issue is: could this work labyrinthine security methods that involve pantaloons. Once you’ve done all you can © Trueffelpix - Fotolia in the UK? Is this the answer to overcrowding shredding your paperwork, throwing it in with a situation. Once you’ve put in all the in prison? The lack of through the gates balls or translating it in and out of Cornish. paperwork, pushed, pulled and pleaded, you It therefore seems strange to suggest that we services? The limitations of the probation have anything to learn from our cousins across just have to wait sometimes. I understand service? The problem-solving court movement the pond. However against this bleak The classic reason for this achingly slow how difficult that can be, especially if it’s certainly has its critics. It smacks of paternal- landscape there are some surprising innova- ism. Should a judge also play the role of not bureaucracy is ‘staff shortages’. They may something you desperately want to happen. tions that light the horizon. only jury, but psychologist and social worker have a point here because in the last 5 years, It’s like leaving dough to prove, wine to as well? Isn’t it inherently unfair for someone prison staff has been reduced by 40% whilst breathe and stew to, well stew. If you think about criminal justice and Texas in to go in front of a judge for two years when the prison population has increased. There the same sentence the chances are you are they would have only done time for two isn’t enough staff to conduct basic regimes Just leave well alone and get on with all the going to choose linking words like ‘death months? (phones, showers, exercise), run visits great stuff that makes you happy in the day. penalty’ and ‘lethal injection’. This is a State that executes a lot of people. In fact Texas properly, sort out personal kit and definitely Go for a walk, eat well, share time with I’m done sitting round debating these things averages about one execution a month. It tops not enough to engage troubled individuals someone you love, create something. Be in on paper. I want to go and see it for myself. If the list in terms of execution statistics in the they’re on to something in the US then we to turn them away from a life of crime. There the now. When the thing you want is ready, USA, executing four times more people than need to think about what we could use over aren’t even enough people to organise it’ll pop up at exactly the right time. any other State. It also has a murky history of here. We’ve got a criminal justice system in cutting more staff, which is a relief. They’ve race relations with jury trials and racially biased crisis in the UK. Overcrowding, lack of got about just enough staff to keep you prosecutions. resources and prisons stacked up with people banged up a lot, feed you and say ‘No’ who just shouldn’t be there. It’s the same However Texas is also leading the way when it repeatedly. This all happens in a political About The Man problem in the States. But if they have found comes to the treatment of some defendants. backdrop of ministers saying ‘errr, every- I was born in Broadstairs, Kent 42 years ago. the light, even if it’s faint and set against an Not all, but some, and that’s a start. Unfortu- Punctuating my career as an Army Officer otherwise black backdrop then I want to thing is fine here, no problems, all great, nately there is no imminent rethink on the and working for the family business (booze), know. Thanks to the good people at the yeah all cool, erm . . . . BYE!’. Then running death penalty. However what has taken place I committed VAT fraud in 2005. For this Winston Churchill Memorial Trust (in partner- away. Their level refusal to admit to a over the last couple of decades is a change to crime, I was sentenced to 8 years in 2014. ship with the Prison Reform Trust) I’m heading problem would embarrass a holocaust the way that repeat offenders are dealt with. over the pond to see. I’ll let you know what I Texas has established problem-solving courts. denier. This blog is an attempt to communicate find. The stated purpose of these courts is to get to with my friends and family about how I am the root cause of offending. Whether that’s There are far too many young men being cut feeling and what’s happening inside (and If you have access to the internet you can substance abuse, mental illness, prostitution or ‘inside’). If you’re reading this and I haven’t follow Charlotte Bull on her blog: http://prob- down from ceilings because the system as a result of being a veteran of the armed met you before, you are most welcome. lemsolvinglaw.wordpress.com forces. Insidetime May 2015 32 Music www.insidetime.org Jonathan King writes...

Make an Appointment with Check Up

We’ve heard from people getting positive through singing at HMP Coldingley, looking after retired greyhounds at HMP Littlehey and working out at the new gym in HMP Pentonville - opened by Sir Clive Woodward. On Check Up we look at the big issues. his May there’s a very important when we found her. Katrina (of The Waves) We’ve already talked about social care election coming up; something had been a friend for years, since I had coming to prison for the first time and this where millions of people vote championed their hit Walking On Sunshine, month will be hearing all about Synthetic on a highly important issue. The so I selected her song Love Shine A Light and Drugs - aka ‘New Psychoactive Substances’. How can you stay healthy while spending Eurovision Song Contest. we won with the biggest ratio of 12 points They include substances like ‘spice’ which time in your prison cell? to countries entered ever, giving the UK our are also incorrectly referred to as ‘legal T I wasn’t that bothered by this festival of last championship. highs’. We’ll be hearing what’s in them and Check Up is National Prison Radio’s health kitsch when I was a teenager and, later, in the real danger they carry. We’ll also hear show, coming direct to you every Tuesday at the music industry, although I did love some After that I got caught up in the early stages personal stories from people who have expe- midday and 6pm. of the hits. My personal favourite remains of the false allegations industry and had to rienced them. Gigliola Cinquetti who won for Italy in 1964 give up my position as Boss of the UK Euro- National Prison Radio is the world’s first and with Non Ho L’Eta Per Amarti. I thought The vision campaign, but I made many friends To find out more, lock in to Check Up every only national radio station for prisoners and Alisons and Are You Sure? were terrific UK during my time in charge. Tuesday at midday and 6pm on NPR. is available 24/7, via your in-cell TV. representatives - they only came second in 1961. I remain quite a hero amongst Eurovision Check Up is one of NPR’s newest shows and fans, not least because the Head of the BBC is here to bring you a weekly dose of news, But in 1995 the BBC appointed a new Head at the time, Alan Yentob, had come very music and stories all about feeling good in “I see it like this: if you keep your body fit of Light Entertainment, David Liddiment, close to dropping the contest and it was my the body and mind. your mind fit, you can live forever - you and I approached him to try to save Top of involvement and success that had kept the can enjoy life” the Pops, which I’d appeared on since my show alive. Already, we’ve heard from doctors, nurses, Steven, Check Up presenter first hit in 1965, Everyone’s Gone To The listeners, yoga instructors, gym orderlies and Moon, and which was dying due to lack of And since then I have put the odd bet on more. Now we want to hear from you. “I consider the body a temple. Like a car, care and attention. He had pledged that dead certs long before they won - my most it needs its MOT. I’m in the gym three show to another (and sadly it did eventually recent being Sweden and Loreen’s Euphoria, What is keeping you feeling good? times a week and work out the whole get cancelled) but asked me if, instead, I’d which won in 2012, on which I made a nice Write to Check Up, National Prison Radio, body to give me the right balance. The take over the British campaign to win Eurovi- £700. Sweden is the favourite this year with HMP Brixton, London SW2 5XF. gym also helps to release stress and sion. I agreed. Heroes by Hans Zermerlow. It’s OK but I’m tension. The gym is for the practical and not a big fan. Check Up is your show and over the last two Check Up is the knowledge.” Instead of going along the traditional route months, we’ve talked about smoking, mental Kwesi, Check Up presenter of finding a singer and then getting songs I prefer little Slovenia, currently 16-1 and health, fitness and keeping relationships healthy. that suited them, I looked for hits. And used unlikely to win but worth a small wager. public phone voting for the first time. I also quite like Cyprus which has an Elvis My first entry was Love City Groove, a Costello lookalike crooning a Sam Smith terrific pop rap track by a mixed race band. type song - at 60-1 that might be a nice Although we only came tenth in Eurovision, outsider. we had a top ten hit in the UK and attracted Forensic Accountants Criminal Defence and Prison Law Experts millions of younger fans and supporters. The But either way it is great fun. The entire Nationwide professional and experienced CONFISCATION PROCEEDINGS next year I found my perfect entry, Ooh country has Eurovision parties. I recommend UNDER POCA! Advice and Representation in the following Bartfields have considerable UK wide experience of areas: Aah, Just A Little Bit by Gina G, a smash one in every prison cell with the appropriate analysing and revising prosecution benefit calculations • Adjudications, Judiical Reviews which went to No1 on the charts, sold all banging and shouting when your favourite within tight deadlines. (Legal aid available) Free prison visit for all pre-confsication hearing cases • Categorisation around the world and even charted in gets 12 points (or Nul Points - the possible Recent Cases: • Parole Review/Hearings, Licence Recalls America, winning a Grammy as Best Dance score for the entry, Electro Prosecution Benefit Bartfields Benefit • Tariff/Minimum Term Reviews & Appeals Hit. But we only came 8th in Eurovision. Velvet, which actually I quite like although it Mr M £69,000 £8,000 • CCRC, Confiscation Proceedings does sound like a dozen other earlier songs). Mr C £3,684,000 £47,000 • Criminal Defence of all types from Disillusioned I resigned but the BBC begged Mrs D £271,000 £45,000 Mr O £378,000 £16,000 Murder to Motoring Offences me to continue (the ratings were great), so I The BBC need me back to find us another Mr L £1,015,000 £111,000 decided to give it one last try. I felt we winner. Sadly unlikely; Vile Perverts are not Mrs N £785,000 £103,000 Contact Tony Marshall at: needed a stronger performer, as it is a TV encouraged as employees by establishment Contact Raymond Davidson on 0113 2449051 Alexander Johnson Solicitors 246 Bethnal Green Road show and Gina G had been a shop assistant media outlets, despite rumours to the Bartfields, 4th Floor Stockdale House, working behind the counter at Woolworths contrary. Headingley Office Park, 8 Victoria Road, Leeds LS6 1PF London E2 0AA [email protected] www.bartfield.co.uk/services/forensic 0207 739 1563 Insidetime May 2015 www.insidetime.org Faith in Prison 33

Buddha was not, and never claimed to be, a Dhamma Day (July 30th), and Sangha Day god but a man who taught a path of spiritual (October 27th). development based on his own experience. PSI 2014-045 states that (on festival days); Buddhism is described as ‘a way of changing ‘Buddhist prisoners must be allowed to be yourself’ and Buddhists are expected to lead a together for as much of the day as possible, moral life, to be mindful of their thoughts and with vegetarian food provided for a shared actions and to develop wisdom and under- meal, and if the Buddhist Chaplain is not standing. Buddhists place great emphasis on available a knowledgeable Buddhist prisoner peace, non-violence and compassion for all may lead the observance.’ forms of life and so, generally, oppose such things as the death penalty and abortion: they Buddhists may keep in their cells a reasonable believe that mistreating prisoners is counter- amount of Buddhist books and literature, a productive and ‘offenders’ should be reformed Buddha image, incense sticks and a holder, rather than punished; they believe that if a meditation stool or cushion, CDs of chanting prisoner is mistreated then it is the person mis- and guided meditation, and meditation beads. treating as well as the ‘offender’ who suffers. Religious artefacts are exempt from Volumet- ric Control. PSI 2011-051 states that if a Buddhism first came to Britain in the 19th governor wants to withhold incense from century and there are now over 150,000 prisoners he must provide a written explana- followers (300 million worldwide). The tion why. When conducting searches; ‘The practices and traditions of Buddhism vary in greatest of care should be taken when different countries but they all should focus on handling Buddhist artefacts and books. the development of morality, the training of Buddha Images should never be picked up by the mind and wisdom. the head and neither Buddha Images nor Buddhist books should be placed on the floor © Punto Studio Foto - Fotolia.com There are various sub-divisions of Buddhism or in any unclean place.’ principally; Theravada, Mahayana (which includes Zen, Nichiren and Pureland), and Prison Rules 13 to 19 cover a prisoner’s right Vajrayana (which includes Tibetan Buddhism). to observe the religion of his/her choice. If a prisoner wishes to follow a particular religion Buddhism: There are many books which explain Buddhism they must register this by application to the and these can be obtained from your prison prison. If you do not have a Buddhist faith Buddhist Chaplain or from Angulimala, the leader at your prison you can ask the governor Buddhist Prison Chaplaincy. to arrange regular visits from an appropriate The path to Nirvana ‘minister’ (Rule 15). Generally Buddhism is practiced alone and might include recitation and meditation before For more information about Buddhism A new series by Paul Sullivan looking at world a ‘shrine’ with an image of the Buddha. Corporate prisoners may write to the Buddhist Adviser worship may take place weekly and on festival to the Prison Service: Venerable Ajahn Khe- religions and faiths for prisoners days. There is no prescribed diet but most madhammo (Chao Khun Bhavanaviteht), OBE Buddhists will follow a vegetarian or vegan Angulimala, the Buddhist Prison Chaplaincy t is debateable whether Buddhism can sitting under a bodhi tree, in the 6th century diet. There is no special dress for lay Buddhists. Organisation, The Forest Hermitage, Lower be called a religion or faith because it BC, became the Buddha and then taught the Fulbrook, Warwickshire CV35 8AS does not have any concept of a personal four ‘noble truths’ about suffering and the There are a number of Buddhist holy days and god or dogma attached to it. It focuses release from suffering. the Prison Service recognise three of them (the This article has been moderated by the on personal spiritual training seeking to dates are for 2015) during which Buddhist Venerable Ajahn Khemadhammo (Chao Khun Ireach a state of ‘Nirvana’ by following the The word Buddha means ‘the one who knows’ prisoners must be excused from regime activi- Bhavanaviteht), OBE of the Buddhist Prison path discovered by Siddhartha Gautama, who, and refers to the Buddha’s enlightenment. The ties if they wish: Buddha Day (June 1st), Chaplaincy Organisation.

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Insidetime May 2015 34 Education www.insidetime.org Eastwood Park: giving women a voice creates a positive culture

Eastwood Park is one of eight prisons Prisoners’ Education Trust has been working in since September 2014 to involve learners in culture change. In March, PET’s policy team Clare Taylor and Morwenna Bennalick returned with trainer Jose Aguiar © Rebecca Radmore HMP Eastwood Park HMP Holloway takes part in City Read

Last month PET’s Head of Policy Nina Champion visited HMP Holloway’s Women’s Institute (WI) with author Ben Aaronovitch as part of a range of activities happening throughout London to celebrate City Read. She writes:

Nina Champion the book combining both genres was born. Prisoners Education Trust, When Aaronovitch was asked about his family, Head of Policy he said that his son’s ‘as nerdy and geeky as me’ and therefore isn’t a good source of slang so the women offered to help. He replied that know you shouldn’t judge a book by he actually has a character in a later book its cover, but, well, the cover really who’s in HMP Holloway and that got the © Rebecca Radmore doesn’t show that this is a book group excited. One woman suggested that his about magic’ one of the members of character could be sent to the seg and be ou feel like a child in this Katie, who staff say is ‘an advocate for the WI told the author on Friday 10th woken up by the Holloway chickens. Ben place, being asked my women’. The most recent edition includes a April.‘I Luckily he had thick skin when it came loved that idea and grabbed a pen and paper. opinion was a shock. It made feature on the Governor, who said: “A month to the brutal honesty of the group! He explained that when it comes to research- me feel like an adult again,” ago, whilst being interviewed by a journalist ing about something you don’t know, you says Katie, a PET-funded who is in this room, I thought wow - look at The idea of City Read is to get the whole city need to find that kind of ‘telling detail’ to drop ‘Yjournalism student at HMP Eastwood Park. what we can do here.” reading and discussing one book - like a giant in. Several other women in the audience agreed. book club. It started in Cardiff and Birming- Going to prison had stripped away any sense At the event, Katie proudly told the audience, ham, before coming to London three years Ben’s top tips for writing: of personal responsibility and infantilised them. including her family who were on a special ago. The aim is to get people reading for • Write about what you are interested in and visit, about how good it has been to work with pleasure. Throughout April events took place what you want to read. Write for yourself. The women were reflecting on what it was like staff on the project and newsletter. For in libraries across all 32 London boroughs, • If you read a book and the first two pages to be involved in a project working with staff Prisoner Voice, Katie includes contributions including Holloway. are bad, trust your instinct - there are plenty of to improve the rehabilitative culture of from other women at Eastwood Park and books, pick another! Eastwood Park. Last autumn when asked for stories about women who got jobs and suc- This year’s book is ‘Rivers of London’ by Ben • Be organised - set yourself deadlines. their ideas on how to encourage more people cessfully returned into their communities since Aaronovitch, who answered a diverse range of • Some authors set themselves 1000 words to to attend education, they suggested a re-brand leaving. She said: “The newsletter is about questions from the group. A Nigerian woman write per day and have a 9-5 working of the department. They associated ‘education’ letting women have a voice in a situation asked him if he had ever eaten cassava leaves schedule; I write about half of that as I don’t with school, a place where they had previously where they feel that they may not otherwise (in the book, one of the characters ‘Mother have a working week schedule, I write at times failed or where their children went, which was be listened to.” Thames’ and her daughter ‘Beverley Brook’ when I feel like it. off-putting. They were listened to. Months are Nigerian and the main character’s mother • If no-one will publish your book, think about later, on March 30th when PET returned to Following a rendition of Michael Jackson’s is from Sierra Leone). Ben told her that many self publishing on the internet - it didn’t do Eastwood Park to attend the launch of Weston ‘Heal the World’ by two women supported by of his friends growing up in North London Fifty Shades of Grey any harm! College’s first prison campus, the Governor the music therapy charity Changing Tunes, were of West African origin and so he had sat said it was his job to “facilitate the women to the launch ended with a tour of the depart- in many kitchens eating cassava leaf. A lively It was an inspirational session. Ben explained have a voice.” ment. Weston College supported the depart- discussion ensued about African cuisine. The that he had struggled at school and said there ment’s brand refresh by providing poster significance of food as a reminder of home was a time in his life, months before he had his Governor Simon Beecroft said: “You change templates and a professional photographer to and as a central part of family memories was first book published, when he had been poor culture in many different ways - one is being visit the classrooms and workshops, to produce clear. and had been ‘kicked on the way down’. But clear in who you are. We are a community positive, tailored images to inspire learners. he didn’t give up. He explains that his journey college. When I visited Weston College I thought ‘Do you believe in ghosts?’ one woman asked. has made him really appreciate the fact that this feels like a centre of learning. That is what When we left the prison and got our phones Ben said he didn’t but that before he was a now he does what he loves for a living. His last we wanted here. Professionalising education back we swiftly tweeted about the visit, best selling author he worked in the sci-fi and plea was ‘I don’t care if you read my book, just provision is critical if we’re going to get women leading with Governor Beecroft’s quote of the crime sections in Waterstones and an idea for read any book!’ to leave prison and not reoffend.” day about what drives Eastwood Park’s reha- bilitative culture: “We can provide hope. We If you would like advice or funding to study a distance learning course or tell us The project also led to the launch of the can provide belief that life in the future does about your experiences of prison education - write to FREEPOST Prisoners Education prison’s newsletter, Prisoner Voice, edited by not need to be what it has been in the past.” Trust, call 0203752 5680 Insidetime May 2015 www.insidetime.org Drink and Drugs 35

In the news… more alcoholic drinks a day can cause liver Inside Drink and Drugs News cancer, according to a report from the World Cancer Research Fund, which analysed 34 Drink and Drugs News (DDN) is the monthly magazine previous studies covering more than 8m people. ‘Until now we were uncertain about for those working with drug and alcohol clients, the amount of alcohol likely to lead to liver including in prisons. In a regular bi-monthly column, cancer,’ said fund director Amanda McLean. editor Claire Brown looks at what’s been happening ‘But the research reviewed in this report is lately in the substance misuse field strong enough, for the first time, to be more specific about this.’ ...... n this month’s issue, researcher Professor prisoners selected for random, though infre- l Drug violence Neil McKeganey looked at why efforts to quent, testing.’ High levels of violence in a prison deemed ‘in stop drugs from being smuggled into crisis’ by inspectors are being driven by ‘the prisons are failing. This, he said, could lead to more effective supply of drugs, particularly synthetic can- I treatment. Recent research evaluating the nabinoids such as “Spice’’,’ according to a ‘Successive UK governments have acknowl- effectiveness of drug treatment in the report on HMP Guys Marsh in Dorset. ‘I was edged that it is all but impossible to stop drugs community had found that when treatment told by prisoners and staff that they suspected getting into prisons,’ he said. ‘For many was aligned with regular drug testing, coupled gangs were threatening some prisoners to people, that acknowledgement will seem with proportionate, certain, and swift l Cocaine cutting request a move to a different part of the utterly inexplicable. Prisons represent the sanctions for those testing positive, the More than 50 different cutting agents have single most controlled environment on the treatment itself became much more effective. prison so that they could then be forced to been identified in cocaine, including some planet, and if you can’t stop drugs getting into act as distribution points for drugs,’ said chief that can cause ‘serious medical harm’, inspector of prisons Nick Hardwick. prison what possible hope is there of stopping ‘There will be those who will object to any ...... their proliferation anywhere else?’ suggestion of using drug testing to try to stem according to an evidence review by the the demand for drugs within prisons,’ he Advisory Council on the Misuse of Drugs. l Stop strips An estimated 38 per cent of prisoners in acknowleged. ‘Yes it will be expensive, but so ACMD initiated the review because of Drug law charity Release, together with stop Scotland had used illegal drugs in prison, and too is the current investment in a security concerns over ‘increased consumption and a and search campaigners StopWatch, are perception that the drug is “safe”,’ it says. a quarter of prisoners in England said that system of drug searches and drugs surveil- ...... urging the Home Office to make sure strip drugs were easy to get, said McKeganey, who lance that is failing to stop drugs getting into searches are only allowed as part of a stop was carrying out research evaluating the prison.’ He made an analogy with tackling l Bringing down highs and search when the ‘threshold of arrest’ has effectiveness of drug treatment within UK drink driving: providing education and coun- The government has initiated a range of been met. ‘The use of strip search as part of prisons. The arrival of legal high drugs, which selling discouraged drivers from drinking measures as part of its stated aim to tackle a stop and search is an extremely intrusive were harder to recognise and easier to conceal, alcohol, but the game changer in tackling it new psychoactive substances (NPS), known power, often linked to the search for simple made the challenge of stemming the flow of was the breathalyser - the capacity to ask a as legal highs. Along with the banning of possession of drugs,’ said Release executive drugs into prison that much harder. driver to blow into a tube and get an immediate synthetic opiod MT-45 and stimulant director Niamh Eastwood. Last month saw read-out of his or her alcohol consumption. compound 4,4’-DMAR as class A drugs, the the launch of a comprehensive Her Majesty’s ‘If we are unable to stop drugs getting into Home Office has published new guidance Inspectorate of Constabulary (HMIC) review prisons, then perhaps what we should be If effective prison-based drug treatment and for police and local authorities detailing the into the use of stop and search. doing is switching our focus to stopping drug rehabilitation could become the norm rather action they can take against ‘head shops’ use,’ he said. ‘Drug testing is our best means than the exception, McKeganey believed we and has also written to music festival organ- of identifying what substances an individual would make a major advance in tackling drug isers about NPS ahead of this summer’s has used, and whether that use is recent or in problems within wider society. The alterna- festival season. drinkanddrugsnews.com the distant past. We can identify the use of tive? ‘Continuing costly investment in a ...... cannabis, cocaine, heroin and a host of other system that fails to stop drugs getting into To order copies of Drink and l drugs. At the moment though, drug testing prison, and continuing costly provision of Three drink risk Drugs News t: 020 7463 2085 programmes are used within prisons on a prison-based drug treatment that is under- There is ‘strong evidence’ that just three or e: [email protected] limited basis, with relatively small samples of mined as a result.’

MISCARRIAGE OF JUSTICE? ARORA CONTACT US ON CONTACT Criminal MW appeals 0208 993 9995 ASHLEY SMITH & CO McMillan Williams Solicitors specialists LODHI our experienced and dedicated team are specialists in If you feel that you have been the 9 MARKET PLACE, victim of a miscarriage of justice or ACTON, HEATH LONDON W3 6QS Appeals & CCRC that your sentence is too long then s o l i c i t o r s Parole Board Representation contact our specialist appeals team For all cases • Conduct a thorough undertaken review of your case **Don’t let the Justice System Overwhelm You** Independent Adjudications we will: • Discuss your concerns Professional and approachable we offer a with you in detail and; *Experts in Parole Hearings and Adjudications* nationwide service, including full coverage • Instruct experienced We’re on your side and here to help counsel to provide indepth in the West and South West advice on possible For a prompt response call grounds of appeal Legal aid work undertaken Criminal Defence Prison Law 0208 463 0099 Appeal - conviction Adjudications (24 hours) Appeal - sentence Parole Hearings Please contact CCRC Reduction of Life Sentence Tariff Ashley Smith & Co John Molleskog or John Pendlebury Proceeds of Crime Act Proceedings Recalls Criminal Defence Specialists Family Matters Sentence Calculations 020 8669 4962 Immigration Matters 4-6 Lee High Road, London, SE13 5LQ McMillan Williams Solicitors If your prison based problem cannot be publicly funded 9 Beddington Gardens, Wallington, Surrey SM6 OHU NATIONWIDE ADVICE & ASSISTANCE we can quote a reasonable fixed fee. Nationwide service offered Insidetime May 2015 36 Terry Waite Writes www.insidetime.org

without parole. Fifty years for shooting an abuser! That sort of sentence is not uncommon in parts of the USA. What humane system would ever condemn so From over the wall many people to such savage sentencing. Yes, a life has been taken and nothing will bring that life back again. However, where Terry Waite writes his monthly column for Inside Time does such a system allow for genuine repent- ance and restoration to mainstream life? Fifty years! Incredible. When I discussed this Lipscomb University prison graduates with colleagues on the outside they came up with the same answers that politicians give in this country. ‘There are no votes in prisons.’ Terry Waite CBE The public, justly angered by crime, far too frequently adopt the position of ‘Lock ‘em up and throw the key away’ attitude, which few days ago there was an I fi nd repulsive. I believe fi rmly that despite article in the Weekend some of the terrible things that human in which the beings are capable of, people can and do writer asked why it is that so change and should be given that opportu- many of our politicians look nity. To start a university course knowing full across the Atlantic for political support. I too A well that one had to serve another 40 years have asked the same question many times takes some doing. and in particular I have asked why is it that we look to the USA for models with which to What else did I hear in the jail? Well, the shape our own criminal justice system. Don’t same old stories that are being told over misunderstand me, I am not anti-American here. Titan prisons housing thousands where in the slightest but, having been a frequent any personal care for inmates is virtually visitor to the USA for the past fi fty years, I impossible. Staff cuts so that prisoners spend know they certainly don’t get everything know the staff and students on campus. group and took the course alongside the longer banged up. Reduced quality of food. right. Although they made no apology for standing student prisoners. Both groups were treated The same old depressing stories. on Christian values, they were certainly not absolutely equally and received exactly the Last week I returned home from yet another ‘Bible Bashers’ and never in my experience same tuition. The graduation, when it took Well, all is not lost. The former Lord Chief visit, this time to a University in the South attempted to force their understanding of place, took place in the prison itself. I went Justice, Harry Woolf, a compassionate and with which I have a relationship and where I religion on anyone. In fact I discovered that along to one of the classes in the jail and spent understanding man if ever I met one, was lecture from time to time. The last time I some fourteen percent of the student body an evening discussing with the girls. I sat in on instrumental in getting some important wrote about this University was when I went were Muslims. What really impressed me, a philosophy class where women who, never changes through following the Strangeways with some of the staff to visit the local however, was a programme that is unique in in a thousand years, would ever have even riots and remains a reformer at heart. Lord women’s prison and this year I went back my experience. Nearby there is a large used the word philosophy yet alone study it. It David Ramsbotham continues his efforts for again. There is both good news and bad women’s prison where many of the inmates was great to see what the programme was reform from his seat as a crossbencher in the news to report to you. are serving life. More about that in a moment. doing for their self esteem. They had discov- House of Lords. None of the reformers I Like women prisoners the world over far too ered, thanks to the programme, that they had know are soft on crime. But they do believe First, the good news. As you may know, the that prison ought to be a place where men large a percentage of the prisoners are victims the ability to learn and study and this did Southern States of America are not known and women can at least be given a chance in themselves. A very high number have come wonders for their self-esteem. One young for their liberality. Some years ago, when I life. Some good things do undoubtedly come from broken homes and many have never woman, who was jailed for life at the age of was invited to lecture at this Southern Uni- out of America, but let’s be very, very cautious known what it was to have a decent home. fi fteen and had now served about ten years, versity, I had my misgivings. Lipscomb Uni- about adopting some of their so called ‘inno- was exceptionally bright. As a child she had versity in Nashville is a Christian Foundation vations’. They are primitive in the extreme. As for education, well that was something that little or no education but now, thanks to and, having a picture in my mind of some of the majority hardly ever experienced. The Uni- Lipscomb, she was well on the way to getting the right wing fanatics who have gathered Terry Waite was a successful hostage versity set up a unique programme. They her well-earned degree. together in the past under the banner of negotiator before he himself was held designed a degree course for the prisoners Christianity, I was cautious. I am really glad captive in Beirut between 1987 and 1991 which was conducted in the prison itself. What That young woman was also one of the to say that the negative stereotypes that I (more than 20 years ago). He was held was unique about this scheme is that an equal reasons why I said earlier that I had also bad had were quickly banished when I got to captive for 1763 days; the fi rst four years 530 CG Wide Ad 10.04.15_Layout 1 11/04/2015 19:31number Page of 1 non-prisoner students made up the news to report. Her sentence was for 50 years of which were spent in solitary confi nement.

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Lifted Swan Tree Cell Door Yoga 10 breaths 10 breaths each side

The Prison Phoenix Trust You may not think of your cell door as something useful. It may seem like a barrier between you and the world, keeping you from freedom. But yoga and meditation help us to see things in a different way, including looking at obstacles as opportunities. These yoga poses all use a door (or a patch of wall) to support you as you work. They may make you feel looser and calmer, and help you sleep. As you do these poses, keep your breathing slow and deep and pay attention to each breath.

Obviously, make sure your door isn’t going to open while you’re working! Getting toppled over by someone coming into your cell won’t be very relaxing. Give this sequence a go, and write to us to let us know how you get on. Legs Up The Wall At least 20 breaths Wall Down Dog 1 Wall Down Dog 2 10 breaths 10 breaths Chest Stretch 10 breaths each side

Sitting

Standing Twist 10 breaths each side

Sit with a straight back however is comfort- able for you. Keep your eyes open and breathe normally in and out through the nose. Count THE PRISON PHOENIX TRUST the breaths silently to yourself - in for 1, THE PRISON out for 2, in for 3, out for 4 and so on, up Head doing you in? to 10 then start from 1 again. If you lose PHOENIX TRUST count, it doesn’t matter - just start again at Stressed out? 1 and keep going. Do this for 5 minutes. HeadCan’t doing sleep? you in? Stressed out? Simple yogaCan’t and sleep? meditation beesleyandcompanysolicitors Personal Injury and Civil Action against practice, workingSimple yoga with and silence the Police and other authorities and the breath,meditation might practice, just transformworking with your silence and the • Personal Injury (accidents both in and out of custody) breath, might just transform If you want a free book and CD to help you • Police Assault life in more ways set up a regular yoga and meditation • False imprisonment or Malicious Prosecution your life in more ways than • Negligence practice write to: The Prison Phoenix Trust, than youyou think... think ... Interested? • Compensation for Childhood Abuse in Care PO Box 328, Oxford OX2 7HF. The Prison • Mistreatment or Assault by Inmates or Prison Staff Phoenix Trust supports prisoners and • Inadequate Opiate Detox Write to The Prison Phoenix Trust prison officers in their spiritual lives P.O.Box 328, Oxford, OX2 7HF. Interested? through meditation and yoga, working Contact: Mark Lees at, 736-740 Wilmslow Road, Didsbury, Manchester, M20 2DW Write to The Prison Phoenix Trustwith silence and the breath. The Trust 0800 975 5454 (FREEPHONE) We’d love to hear from you anytime and have supports people of any religion or none. several free books, which could help you P.O.Box 328, Oxford, OX2 7HFWe also run weekly yoga classes for [email protected] www.beesleysolicitors.co.uk build and maintain a daily practice. inmates and prison staff. Nationwide service available in certain cases Legal Aid available We’d love to hear from you anytime and have several free books, which could help you build and maintain a daily practice. Insidetime May 2015 38 The Rule Book www.insidetime.org

PSI 2014-030 All CRC completed Part B Reports (Risk Man- the PSI deals in detail with recall of Indetermi- Recall Review and Re-Release agement Plans) must be endorsed by a manager nate Sentenced Prisoners covering, for of Recall Offenders in the NPS before they are submitted to PPCS. instance, the revoking of a Life Licence; such The prisoners who may wish to make representa- Revised: 24 October 2014, Effective from: CRC staff cannot appear as a witness at an tions against their recall should study the PSI 01 June 2014, Expiry Date: 31 May 2018 oral hearing in order to advise the Parole from Section 6.9 which covers submissions to Replaces PSI 2013-017 and PSI2008-029 Board as to risk, although they are able to the Parole Board. appear before the Board to explain the facts Rule This instruction sets out the revised arrange- that led to their recall decision. Home Detention Curfew: Prisoners released ments for the recall, review and further release early on HDC can also be recalled and Section of prisoners across the whole of NOMS. The If a CRC managed case (ie a case that was 7 of the PSI details failures which might trigger instruction refl ects changes following imple- managed by the CRC prior to recall and will recall. It is important prisoners on HDC read Book mentation of the Transforming Rehabilitation continue to be managed by them should the the section (7.3) which deals with problems Programme: person be re-released) is listed for considera- arising from electronic monitoring. tion at a Parole Board oral hearing and the Inside Time’s Paul Recall procedures for offenders managed by Board directs the attendance of a probation Section Three of the PSI covers the responsi- the National Probation Service (NPS) will witness, it will be the responsibility of the NPS bilities of the prison when a person is recalled Sullivan has a look follow current practice, although NPS Deputy either to attend and give evidence on behalf it says; ‘under s255 of the Criminal Justice Act into some recent Prison Directors can designate specifi c managers of the CRC or request that PPCS perform this 2003 are entitled to make representations to below the grade of Senior Managers to task on its behalf. the Secretary of State against their recall to custody. Service Instructions authorise requests for recall. PPCS must issue appeal papers (Annex F) Recall of Determinate Sentenced Prisoners; advising of the right to make representations The decision-making about Final Warnings The PSI discusses reasons for recall and the against the recall within 48 hours of receipt of remains unchanged and will take place inter- proper procedure to be followed; this includes notifi cation that the prisoner has been received nally within both the NPS and Community Fixed Term Recall which is for 28 days or less into custody. The establishment must issue Rehabilitation Companies (CRCs) respectively. and Standard Recall where a prisoner could the appeal papers to the prisoner immediately, CRCs will take the decision to initiate recall in potentially remain in prison until the end of making sure that the process for making rep- those cases where there is no increase in the the sentence. resentations is understood by the prisoner.’ risk of serious harm (RoSH) to high. They must forward the recall request and supporting The PSI states that; ‘As a general rule, offender A copy of these papers is appended to the PSI. documentation directly to PPCS. managers must consider whether to seek recall in cases where the offender’s behaviour indicates Chapter 14 deals with further reviews, oral hearings An NPS senior manager must review a request that they present an increased RoSH to the and re-release and there is a useful chart for recall by CRCs in respect of any case where public or an imminent risk of further offences showing a time line of how things should proceed. the CRC believes there is an increase in the being committed. Recall must also be consid- RoSH to high and must make the decision ered in cases where contact between the offender All current Prison Service Instructions are whether to endorse the recall: The only excep- manager and the offender has broken down.’ available from prison libraries and copies of tions are those cases where the potential risk relevant pages can be requested (there may of harm is so immediate that the CRC considers It is important that Determinate Sentenced be a small charge). It is important that recall there is insuffi cient time to seek NPS endorse- Prisoners on recall study section 4 of the PSI. prisoners make themselves familiar with the © Gstudio Group - Fotolia.com ment without undermining public protection. Indeterminate Prisoners’ Recall: Section 6 of contents of this PSI and seek proper legal rep- resentation if required. THANKS TO A SAFETY RAIL AND A DODGY SCREW WE WERE ABLE TO CLAIM £30,000 FOR INMATE 3670

Inmate James Costelios’ top bunk didn’t have You may not have your freedom but you still have a safety rail, he rolled and fell 5 feet onto an rights. You could be entitled to personal injury unforgiving concrete floor and fractured his compensation caused by trips, burns, gym or pelvis. workshop accidents, even attacks by cell mates or staff. Unfortunately the subsequent operation failed because a collapsed screw underpinning the Talk to the countrys leading prison injury lawyers fracture went undetected. and claim what is due to you. Through no fault of his own James had to endure considerable pain for several months...... so we sued the prison and the NHS for personal injury and negligence.....AND WERE AWARDED £30,000. James is just one of many prisoners Jefferies Solicitors have successfully represented over the years.

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1864_advert_ConverseMag.indd 3 07/10/2014 12:19 Prison law Inside Time ad/advertorial APR 15 ARTWORK_Layout 1 24/04/2015 10:37 Page 1 Insidetime May 2015 40 Legal www.insidetime.org Tariffs to go up for Independent Adjudications

ments that Mr. Grayling has not managed to Independent Adjudication findings of guilt are legal standard it will be struck out. District Terry Lock take away from prisoners. What prisoners routinely used to prevent prisoners from pro- Judges do not come to prisons to find prisoners Prison and criminal law consultant forget is that when you go before the District gressing through the system. What is said at guilty - they come because they understand Judge and are found guilty or plead guilty that these hearings can and in many instances does that prisoners have legal rights, and that rom the 1st April 2015, the number it remains on your prison record. Those of you have a real bearing on future decisions about evidence and testimony placed before them of days that can be added to your that read my previous article know that I talk your Sentence Progression. If you are intending must be done in the proper legal way. The sentence by the Independent Adju- about paperwork paperwork paperwork con- to plead guilty at the hearing it is important standard of proof is as it should be and that is dicator is to increase. It is going to stantly; well this is one of those times when that you are properly represented. Would you beyond reasonable doubt just as it is in Court. be routine for the starting point of paperwork really does count. go before a Court without legal representa- addedF days to be around 36 days - the equiva- tion? Of course you would not! So why go Proven Adjudications are now being used lent of a 2 month prison sentence from a Court. The only record of the Adjudication and what before a District Judge in prison without repre- routinely by Offender Supervisors and transpired during that hearing is held by the sentation. It’s just plain stupid!! Offender Managers to make prisoners who There will be provision for there to be consecu- prison. Later on down the line you are asking have already completed Offending Behaviour tive sentences for certain offences against for some kind of privilege and all of a sudden You may remember the days when Governors Programmes go back and repeat them. Before Prison Rules. It will be possible to end up with some report flags up from an adjudication could give out added days and you had no you know it the transfer that was just around a Sentence from the Independent Adjudicator months ago stating that you were found guilty right to legal representation. It was a great the corner is now well and truly on the back that is equivalent to a Sentence from the Courts of this or that. Hang on a minute you say, I was break through when Governors were stripped burner. Why? Because you have to repeat or, of 6 months. not found guilty of that. I was charged with of that power. A District Judge replaced him worse still put your name down for another that, but, the Judge accepted that I was only and along with that came the right to legal rep- course with a waiting list longer than the What is more surprising to me is the fact that guilty of part of that charge and that’s why I got resentation, because even one added day in dinner queue. every time I go to a prison to represent a a suspended sentence. prison is a big deal. prisoner for some alleged breach of the prison So the next time you are nicked think about the rules only a fraction of those before the District Then you hear those classic prison officer Prisoners fought hard to get these few rights new rules on extra added days. Think about 2 Judge have legal representation. It appears words “well our records show different and we that they have, so use the right to legal repre- or even 3 more months in prison. Would you that most prisoners cannot be bothered to get can only go on what our record is saying”. sentation or risk the creep back to days of go to a Magistrates Court if you faced the pos- legal representation. Everyone in prison knows that the system is hearings where what the prison officer says is sibility of a 6 months sentence without a solicitor? getting harder and harder. Any infraction of not properly challenged and tested. Before you Not a chance. You would be screaming “I want I was in a London prison last week and there the rules means you are excluded from this or know it, the prison officer’s word is back to a lawyer” before you got to the police station. were 37 independent adjudications being held that. What used to be a right before Grayling is being the absolute truth, and you - well you’re It’s your right. So use it. that day. Only 4 people had bothered to get now a privilege. guilty of course, just like the bad old days. legal representation, so I asked a couple of the If you are legally represented on the day of It is vital that the evidence is tested properly guys waiting to go before the District Judge Terry Lock is a paralegal with Lound your Adjudication there is a clear and concise before the District Judge. He or she wants to why they had not asked for legal representa- Mulrenan Jefferies Solicitors and an ex tion. I was shocked by the answer. It appears record of what was said not only by the District hear proper reasoned legal argument and if Category A prisoner that most prisoners do not realise that they are Judge but also by your representative. He will the evidence does not come up to the required entitled to legal aid for Independent Adjudica- then write to you setting out in very clear terms tions before the Independent Adjudicator / the charge, the findings and a summary of the District Judge. evidence that was before the Judge. If there is a doubt about the way the evidence was placed YES you are entitled to legal aid for Independ- before the Judge there is a record that can be ent Adjudications. It’s one of the few entitle- relied upon to appeal the findings.

HOWARD AND BYRNE ARE YOU SERVING AN SOLICITORS PRISON LAW EXPERTS ISP SENTENCE? LEGAL 500 RECOMMENDATION We specialise in providing high quality Nationwide Coverage representation for Parole Board Hearings. ‘in-house’ video link facilities available Specialist advice on: We also advise on Adjudications and Sentence 4 parole reviews Planning and Risk Reduction to help you 4 recalls prepare your case for release. 4 adjudications 4 judicial review For a prompt service please contact 4 human rights 4 criminal appeals 4 criminal defence experts Margot Lound or Terry Lock at: 4 confiscation & proceeds of crime Lound Mulrenan Jefferies Solicitors Members of the Association of Prison Lawyers Contact our prison law department Piano House, 9 Brighton Terrace, 01904 431421 Brixton, London SW9 8DJ [email protected] or write to: 0207 7934012 05603 686534 Howard and Byrne Chestnut Court 148 Lawrence Street York YO10 3EB HELPING PRISONERS ›› Registered with EMAP ‹‹ HELP THEMSELVES Insidetime May 2015 www.insidetime.org Legal 41 The Care Act and what it means for you

old, and this is the fastest growing age group in It will be open to prisoners to challenge the tional abuse e.g. the use of systems and Abigail Fogg prisons. A recent report (Prison Reform Trust) assessment if it’s not completed lawfully, in routines which lead to neglect of a prisoner; Duncan Lewis Solicitors identified that two in five of elderly prisoners accordance with the regulations and guidance, sexual abuse e.g. rape, inappropriate touching, had a disability. leading to their eligible needs not being met. pressurising a prisoner into sexual acts.

he Care Act 2014 came into force in It is becoming increasingly evident that The Act has just come into force and there are Neglect is a failure to identify and meet the April 2015 and affects whose prisons are not coping, and that prisoners are massive questions outstanding as to whether it needs of a prisoner, for example by ignoring responsibility it is to provide care not having their basic care needs met and are can work in practice. Three new PSIs have medical, emotional or physical care needs, services to prisoners. Previously living in very difficult situations with little been published to help: 15/2015, 16/2015 and failing to provide access to appropriate health, prisons have been principally dignity. 17/2015 and any interested person should look care and support or educational services or Tresponsible for providing care to prisoners and these up in the prison library. withholding of the necessities of life. have been struggling to keep up with increas- One of the problems has been a long standing The new PSI covers the role of carers in prisons. The responsibility for safeguarding lies with ing demands. The problem with this is that confusion regarding who is responsible for It states that prisoners will only exceptionally the Governor to have systems in place to their duty of care was very limited and didn’t care; the prison or the local authority. really cover prisoners’ needs. fulfil the role of a carer, however the reality is protect prisoners. that numerous prisoners are acting as carers, The Care Act clarifies that care is the responsi- The prison’s responsibility for providing care not as a form of employment, and as such fall It will be very interesting to monitor how the bility of the local authority. They now have a within the provisions of the Act. Care Act is brought into force and to ensure only extended as far as keeping in line with duty of care to provide assessments, care plans equalities legislation. This was very narrow that prisoners who need care receive the care and care to prisoners in their area as they do to and only required prisons to make reasonable Prisoners who need daily care must be formally they need for dignified and healthy living. residents. The Care Act also provides for the adjustments for prisoners. Examples might be assessed and the local authority should assessment and needs of carers. a requirement to provide ramps for wheel- provide a care plan. It is no longer acceptable Vulnerable prisoners are entitled to care and if chair users or providing help to prisoners with for prisoners to rely on voluntary carers to help they do not receive this then the prison or the mental health or learning disabilities. The Act also covers bail hostels and prisoners them with their basic needs. local authority can be legally challenged. preparing for release. If a prisoner is trans- Prisoners who do not believe they are receiving Prisons have not been responsible for basic ferred then their care plan should travel with There are new ‘safeguarding provisions’ in PSI adequate care, have not been given an assess- day to day care, and this has created an army them. 16/2015 and these set out the requirements to ment or a referral for an assessment, or require of prisoners caring for other prisoners. This keep prisoners safe and to protect them from advice as carers, should seek legal advice from can include anything from fetching meals to Younger prisoners may be eligible because of abuse and neglect. Abuse may include: their solicitors. assisting vulnerable prisoners wash and go to their long term health conditions and disabili- physical abuse e.g. any form of assault; misuse of restraint or inappropriate physical the toilet. ties, and should seek a referral for assessment. sanctions; emotional or psychological abuse If you require more information, have any The majority of prisoners who will be affected Prisoners who are ineligible for social care e.g. verbal abuse; threatening harm; isolating; questions or need advice please contact Abigail by these changes are older prisoners as their under the Act will continue to receive care financial or material abuse e.g. withholding Fogg at Duncan Lewis, Spencer House 29 Grove care needs are often more complex. Approxi- from the prison. The prisons do not hand over money or possessions; discriminatory abuse Hill Road, Harrow HA1 3BN or telephone 020 mately one in eight prisoners are over 50 years all responsibility to local authorities. e.g. verbal harassment or bullying; institu- 7275 2862 (see advert on previous page).

Sometimes you just need an expert...... Ward’s Building 31-39, High Bridge Newcastle Upon Tyne Michael Purdon Solicitor NE1 1EW Advising prisoners nationwide since 1994 0191 2321006

National Firm Strengthens Links with Barristers Chambers Parole Representation for all Lifer, Recall and IPP Clients National firm strengthens links with Barristers Chambers... Parole Representation for all Lifer, Recall and IPP clients... Our excellent former Tooks Chambers barristers continue to maintain a Obtain specialist advocacy at your parole hearing from our in house Tooks,close working the London relationship based barristerswith Michael chambers Purdon ofSolicitor, Michael supplementing Mansfield advocacyObtain specialist team backed advocacy up byat handpickedyour parole prisonhearing law from barristers. our in house We anda wealth Patrick of experienceRoche has indeveloped our specialist a close teams working across relationship all criminal with and provideadvocacy a nationalteam backed service. up by handpicked prison law barristers to Michaelprison law Purdon areas. Solicitor, We also supplementing work closely with the Central wealth Chambers,of experience a in Newenable Crown us to provideCourt and a nationwide Cold Case service. Reviews ourManchester ‘in house’ based specialist chambers. teams Theseacross relationships all criminal and bring prison together law highly regarded lawyers with a passion for human rights. areas. WeCrime have and a particular Cold Case interest Reviews... in clients facing further allegations where new evidence has come to light due to forensic science advances as Criminal Appeals, CCRC, SOPO & Judicial Review Challenges This relationship brings together two highly regarded organisations wellWe haveas new a particular charges relatinginterest toin seriousclients facingviolence, allegations sexual offences relating andto withWe havea passion successfully for human challenged rights. the imposition of IPP sentences, led fraud.old unsolved Our expert offences knowledge especially of both those crime where and new prison evidence law puts has us in a the way in the review of mandatory tariffs as well as being central to strongcome to position light due to protectto forensic clients science interests advances. both at court and at the Criminalthe development Appeals, of prisoner CCRC challengersand Judicial to delays Review in progression challenges... and Parole Board. We have represented clients in criminal Crown Court the timing of parole reviews. mattersFounding as far members,afield as Chester, serving Liverpool, for Preston, first 3 Chelmsford, years Birmingham, Guildford, Basildon, Cambridge and Ipswich. We have an arsenal of experienced counsel who have worked with us as Chair and Deputy Chair of for a number of years in High Court and Court of Appeal cases. We look forward to hearing from you. Supreme Court The Association of Prison Lawyers ToWe date presently we have have successfully permission challenged for challenges the impositionin the Supreme of IPP Court Nationwide Service - Video Link also available sentences,relating to oral led hearingsthe way in for the Cat review A reviews of mandatory and also tariffsseeking as awell as Founding members, serving for first 3 years as beingreappraisal central of to the the restrictive development aspects of prisoner of the case challenges of ‘James’ to delays relating in NationwideChair and Deputy Chair Serviceof progressionto whether failure and the to providetiming of courses parole reviews.gives rise to compensation. VideoThe Association Link also of available Prison Lawyers Members of the Association of Prison Lawyers Insidetime May 2015 42 Legal www.insidetime.org Convictions: Appeal against unlawful Is there a difference between an ‘unsafe IPP succeeds eight conviction’ and a ‘miscarriage of justice’ years after imposition Perhaps the biggest distinction between an David Wells unsafe conviction and a miscarriage of Senior Partner, justice is the fact that the overwhelming Barrister Philip Rule explains the Wells Burcombe Solicitors majority of unsafe convictions are not dependent on establishing true innocence. Criminal trials are fraught with procedural importance of appealing here are undoubtedly many and evidential difficulties and often the trial people in prison who simply did process is such that an unsafe conviction arrister Philip Rule, of Number 5 conditions of licence. not commit the crimes they were results. The majority of the grounds of appeal Chambers, was successful in an convicted of and by that I mean received by the Court of Appeal following appeal against an unlawful indeter- Nor is this the only example of this kind of failure. true victims of a miscarriage of conviction represent perceived defects in the minate sentence of imprisonment In R v G in late 2014 a similar appeal was allowed Tjustice. But there are even more whose con- criminal process. Where such a defect under- for public protection (IPP), over eight (although there the maximum sentence in law victions are unsafe. mines the safety of the conviction then a con- Byears after imposition. On 17 February the Lord for the offence had not extended to life imprison- viction should be overturned. The Court of Chief Justice, presiding over a hearing at the ment). The offender had a very serious previous To most people, an unsafe conviction is the Appeal should not be considering whether Court of Appeal (Criminal Division), allowed the conviction, and was assessed to be a very same as a miscarriage of justice. In reality, an appellant is guilty or not but instead appeal against an IPP imposed in 2006 in the dangerous offender indeed ([5], [7]). The Court however, there is a very real difference should simply restrict itself to whether the case of R v James-Davis. The offence had been however had no doubt that the sentence was an between the two concepts and for a number conviction is a safe one based on the grounds committed in a period from late 2004 to early unlawful one as a consequence of the date of the of reasons. 2005 so prior to the implementation of the offences, despite the danger that offender plainly of appeal advanced. Criminal Justice Act 2003 on 4 April 2005. Conse- represented [11]. There was no power to impose Miscarriages of justice receive widespread quently an IPP was simply not available as a an IPP and the sentence had to be quashed. In its There are many examples of the types of attention, the types of cases that end up on matter of law. place was imposed a sentence of imprisonment issue which could arguably make a convic- the front pages of the newspapers and on TV. reflecting the calculation made by the sentencing tion unsafe and they more often than not Unsafe convictions which are overturned What is most unusual, and worrying about this judge of the notional determinate term, and relate to procedural defects in the way the receive little by way of exposure. Both case is that the fact the sentence was unlawful added to that was an extended licence period. trial proceeded or the way in which the represent examples of tragic injustice. was not noticed by the defence or prosecution evidence was presented/not presented. representatives at the time, the sentencing judge, This is unlikely to represent the end of unlawful Examples include: So what are the differences? Miscarriages of or any staff involved in the offender’s case in sentences being brought belatedly to the Court of Justice represent the minority of successful prison since, and not even by the Parole Board on Appeal where it takes many years before someone l appeal cases where the appellant’s Whether the Judge made any serious several occasions after tariff-expiry. It was not spots such a mistake. It is an almost inevitable innocence is undeniably confirmed and mistakes in the directions given to the jury; until the case was finally brought to Mr Rule and consequence of the strain placed on the criminal often, very sadly, when the successful his instructing solicitor that the error was spotted. justice system by an ever-increasing volume of l appellant has spent a number of years Whether the Judge made any serious The Court of Appeal also accepted it is not an complex sentencing provisions, in tandem with behind bars. The emotional effect of serving mistakes in any legal rulings such as wrongly option for the Court of Appeal to replace an constant legal aid cuts devaluing representation a prison sentence knowing you are innocent excluding or including any evidence creating unlawful IPP by a life sentence, due to the before the criminal courts, that unlawful sentences must be utterly destructive. Appeals in these unfairness to the defendant (bad character, operation of the rule that prevents the Court sub- are sometimes passed. In the case of the IPP such types of case are often not contested by the hearsay are just two examples of this); stituting any sentence that would result in dealing a mistake can mean years of detention that could prosecution. They are invariably based on with the offender more severely on appeal than or should not lawfully have been imposed at all. It pretty influential fresh evidence, such as l Criticisms of trial Counsel; he was dealt with at the Crown Court. is an unacceptable state of affairs in any mature advances in medical or forensic science. democracy that liberties are so carelessly safe- l Failure to call relevant witnesses. The Court had been considering whether to increase guarded by the state’s system for justice. An unsafe conviction, put simply, is a convic- the sentence so as to impose a longer term of tion which is not safe. All appeals against What is important is whether any of the defi- imprisonment than the notional sentence from If you feel you may have been subjected to an conviction are considered applying the ciencies in the trial process make the convic- which the minimum term had been calculated unlawful sentence you may be able to seek help ‘safety’ test. If a conviction is unsafe it should tion unsafe. Any criminal trial must be fair under the IPP, but was persuaded not to do so. from a solicitor. Do not apply direct to Philip Rule be overturned. If a conviction which is over- and must apply the law and procedure as enquiries to Philip Rule that are thought to be turned is regarded as a miscarriage of justice correctly irrespective of any perceived guilt. The Court quashed the unlawful IPP, and in its eligible for funding will automatically be directed then no re-trial will usually follow, whereas The Court must follow the same approach place imposed the sentence of twelve years’ to an appropriate solicitor unless a specific with convictions which are overturned when considering the merits of an appeal. imprisonment with an extended 10-year period request is made. which are not regarded as miscarriages of of licence and a sexual offences prevention order justice will often result in a re-trial. Whether Appeals against conviction and sentence are as additional public protection measures. The Philip Rule is a barrister at Number 5 or not a re-trial will be requested by the pros- not easy and require specialist knowledge appellant was entitled to immediate release on Chambers, London ecution will depend on a number of factors and skill. Should you wish your case to be such as the availability and/or willingness of reviewed you can contact Wells Burcombe witnesses, the availability of evidence so on on the details below. Parole? and so forth. Recall? Adjudication? Vells 01727 840900 OLLIERS SOLICITORS CAN HELP urcombe 24 hr Emergency Number - 07592 034170 B LLP Solicitors Life Sentences Specialists in IPP, MANDATORY, DISCRETIONARY, AUTOMATIC LIFE SENTENCE PRISONERS - ORAL & WRITTEN REPRESENTATION Appeals against Conviction & Sentence, CCRC, IPP Appeals and Parole, Prison Adjudications & Discipline, Recall Criminal Investigations, Confiscation & POCA proceedings. PAROLE BOARD REPRESENTATION For advice and assistance anywhere in England & Wales, Adjudications either in person or via video link, please call or head office: CONTACT: JEREMY PINSON or TOM CAWLEY 5 Holywell Hill, St Albans, Hertfordshire, AL1 1EU FREEPOST NEA 13621, MANCHESTER M3 9ZL 0161 834 1515 Insidetime May 2015 www.insidetime.org Legal 43

whether to recommend referral of the case to tariffs. Unfortunately, pre-tariff reviews are no the Parole Board for an “exceptional progress” longer funded so prisoners are required to How does Parole pre-tariff reference prior to tariff expiry. Where self-fund if they require assistance with their the prisoner has made sufficient and suitable Parole Board review. progress and has reached Category C status, your case can be reviewed 4 ½ years before the END OF TARIFF/POST-TARIFF REVIEW Board review work? tariff is due to expire. PPCS Case Managers are To finish on a more positive note, Parole board available to offer advice to Governors in respect hearings are still funded if the Parole Board of the setting of exceptional pre-tariff reference, have the ability to direct release - at the end or Solicitor Harriet Gilchrist on everything you or the feasibility of one being completed a suf- expiry of a tariff. However, this is a lengthy and ficient time prior to tariff expiry (PSI Pre-Sen- complex process which requires a great deal of need to know about Parole Board reviews tence Tariff Shift). work by both solicitor and client. Parole Board matters are initially dealt with by written rep- Secondly, the Prison Governor may agree to a resentations and in certain cases the client can any of you now are probably way point of your sentence. If you have been review. If this happens it initiates the compila- apply to have an oral hearing. For this applica- experiencing Parole Board sentenced to an ICS and your custodial period tion of the dossier by NOMS. This dossier will tion the clients prison dossier will need to be reviews and may be asking is more than 6 years your case may be referred contain reports from all members of prison considered and preparation will be required yourself the following to the Commissioner for a pre-tariff review 3 staff who have contact with the prisoner. for this as well as for the hearing itself. Due to questions: What is the years before your tariff expiry date. Following the completion of the dossier it is the nature of these cases the client will need to Mpurpose of the pre-tariff Parole Board review? disclosed to the prisoner who is then asked be visited around five times in order for initial How does it work? And probably most impor- However, a prisoner’s first review date may be which law firm he would like to represent him. and then full instructions to be taken, for the tantly, what is and what is not funded? With a changed by PPCS for a number of reasons. It is advised, however, that a prisoner contacts representative to go through the dosser with view to helping you understand this process, These reasons include after a reduction or, a law firm well in advance of this stage as this their client as well as attendances prior to and the following article outlines the answer to very rarely, after an increase in a prisoner’s will enable him to receive support and guidance after the hearing. As well as much contact time these questions in relation to short tariffs and minimum period of imprisonment; when a throughout his sentence. Once the firm has with the client, Parole Board hearings for those then in relation to Indeterminate Custodial prisoner achieves Category C status; if a female been contacted they have 28 days to make rep- serving life of IPP sentences require around 10 Sentences (ICS). becomes a second stage prisoner 4 ½ years resentations based on the dossier. The paper to 15 hours preparation if the best possible before the minimum period of imprisonment; decision stage by the MCA then ensues. This will review is to be put before the panel. PRE-TARIFF SIFTS when a prisoner escapes; or when a prisoner determine whether the case can be decided on The main idea behind a pre-tariff Parole Board receives a further custodial or determinate the papers or if there is need for an oral hearing. Following the Supreme Court’s judgement in review is to consider the prisoner’s suitability sentence. The examples provided give an indi- The matter will then be put before the Parole Board. the case of Osborn & others c Parole Board for transfer to open conditions. Under the old cation of when a first review date may be [2013] UKSC 61, the Parole Board has revised system prisoners were automatically referred changed, but it is not an exhaustive list. It should be noted that if the dossier is full of its existing practice guidance on the consider- to the Parole Board when they reached the- exceptionally positive reports the Prisoner in ation of the necessity or suitability of oral half-way point in their sentence. However, this In order for your case to be considered for a question may seek a Guittard Application. This hearings and their representatives in under- placed a huge burden on the system and a pre-tariff sift it must be referred to the Prison means the Secretary of State can decide if the standing the Board’s position following the backlog of cases developed. In an attempt to Governor by the PPCS. If your case is selected claimant’s circumstances are sufficiently com- judgement. There remains no statutory entitle- create a more effective system Pre-Tariff Sifts for pre-tariff review there are two over-arching pelling and exceptional, such that the prisoner ment by right of an oral hearing before the were implemented. The timescale under possible outcomes when it goes before the can be transferred to open conditions without Parole Board for cases other than indetermi- which the new system operates depends on Governor. a Parole Board recommendation. This system nate sentenced prisoners who are assessed as the length of your sentence. If your custodial came into force following the case of R ‘not suitable’ for release or life or indetermi- period is less than 3 years your case may be Firstly, the Governor can refuse to review your (Guittard v Secretary of State for Justice [2009] nate sentenced prisoners following recall. referred to the prison for pre-tariff review 6 case. If this happens your case will not be EWHC 2951. Instead cases are now dealt with by written months after you were sentenced, although reviewed again until the end of your tariff representations which go before an Intensive this is rare. If you have been sentenced to an unless a prisoner is considered to have made PRE-TARIFF REFERENCE TO THE PAROLE Case Management (ICM) Panel Member.If the ICS and your custodial period is between 3 and exceptional progress since their last SPRM or BOARD ICM deems the client should not be trans- 6 years, your case may be referred to the Com- since their pre-tariff reference, the SPRM may If the case is put before the Parole Board there ferred or released, then written representa- missioners for a pre-tariff review at the half conclude that it is appropriate to re-consider are two possible outcomes. Firstly, the Board tions are treated as paper hearings for which can refuse an oral hearing which concludes the funding is not available. It should be made review. Secondly, the Parole Board can agree clear that these cases only go before an oral to an oral hearing. Following this hearing the hearing where the ICM member grants one. Parole Board can either refuse to make recom- rownsolicitors mendations to the Secretary of State of make It is hoped that this article acts as a useful “go C • Criminal Defence and Appeals recommendations on behalf of the prisoners to” guide in relation to the review process and Expert advice is only a phone call away… THE Experts in Prison and Detention Law perfectly Specialising in all areas of criminal law, from minor for their move to open conditions. The decision that it has clarified any of your concerns based in the Midlands with a 24/7 Nationwide Service offences to serious crimes - Murder, Fraud, then rests with the Secretary of State who can regarding it. • Adjudication hearings / appeals Conspiracy to Defraud, Confiscation Proceedings either accept or reject the Boards recommen- • Parole hearings – paper / oral Appeals, Variation and Discharge of Restraint Order dations. • Licence conditions / recall and Money Laundering Harriet Gilchrist, Intervene Project at • Re-categorisation / transfers Kesar & Co. Solicitors. • IPP Sentence issues / accessing courses • Immigration and Nationality Law This system applies to both short term and ICS • HDC / ROTL / MDT Comprehensive solutions to immigration and British • Foreign National Prisoners nationality issues. • Lifer panels / reviews Did you know… • Terrorism / SIAC representation • Family Law • All Judicial Review work • that you can receive compensation for a delayed parole review even if you did not have ALSO Divorce - sound advice about your rights and the a realistic prospect of release/transfer to a D category prison! • Criminal Defence - Magistrates, Crown, SIAC & Appeals options available • that the pre-tariff sift could be brought forward 4½ years before tariff expiry for ISPs • Immigration - Tribunals, Asylum, Deportation prevention, Human Rights - “WE get Bail” who have progressed to Category C conditions and made suitable progress! This is We cover the London area and likely to increase the prisoner’s chances of release at tariff expiry. • Family and Child Care - Child contact/custody, Social all of the UK on serious matters. Services care, divorce, separation, ancillary relief • that from April 2015 local authorities will be responsible for the assessment of all adults - “Know your rights” in custody in their area and who appear to be in need of care and support, regardless * Legal Aid unavailable? Free initial assessment offered Please contact Anthony Mordi or of which area the individual came from or where they will be released to! Contact: Shiva Misra LLB (Hons) Michael Okogwu Crown Solicitors, 36 Church Street, • that Kesar & Co Solicitors can assist you with prison law, mental health, personal injury, Bilston, Wolverhampton, WV14 0AH Mordi & Co Solicitors clinical negligence, immigration problems and other legal matters! 01902 353 300 (24hr) First Floor 402 Holloway Road KESAR & CO SOLICITORS [email protected] London, N7 6PZ Committed to justice Legal Aid work undertaken. Tel: (020) 7619 96 66 2nd Floor, 20-25 Market Square, Members of the Association of Prison Lawyers Bromley, BR1 1NA 24 Hour Emergency: 07904 953 427 ›› Registered with EMAP ‹‹ 020 8181 3100 www.kesarandcosolicitors.co.uk Insidetime May 2015 44 Legal www.insidetime.org Categorisation - as easy as A B C ... D? Emma Davies, Partner at Hine Solicitors, together with Luke Deal of the department, look in brief at the categorisation process

s many inmates will be aware, this is prison and then by the Category A Review Team What does the process involve? under a privately paying basis. If you are able to an area of law that no longer attracts (CART) or Director of High Security (DHS). Th is Th e initial process should be straightforward and fund this work, it is worth considering to ensure Legal Aid and many inmates have review procedure is set out in PS0 1010 and PSI involves the Prison using a fl ow chart which, if that your reviews are timely and completed in to tackle the process on their own. 3/2010. Inmates are entitled to prepare represen- completed correctly, leads the reviewer to an accordance with the PSI. If you are unable to Th is article therefore seeks to look tations and can ask that this review be conducted appropriate security Category. An initial category instruct a Solicitor on a private basis, you can deal Aat the procedure and how those dealing with the via an oral hearing. decision is set out on a form known as the ICA1 with the process yourself and the following tips process should approach it. form. Th is document will contain the fl owchart should assist you in doing this: Th e majority of remaining male inmates fi nd and reasoning for the decisions made and should 1. Complete an application form requesting con- What is Categorisation? themselves categorised as B or C status. Categori- be carefully considered to ensure that the fi rmation as to when your categorisation review Categorisation is the procedure by which a sation of these inmates, in the main, will be procedure has been followed correctly. A mistake will take place. From the information provided above prisoner is allocated a security category based looked at and reviewed by the prison estate. It is at the beginning of this process can be costly for regarding ‘timing of reviews’, you should have a upon their perceived level of risk. Th is process important that inmates understand that they are future progression so it is important to make sure rough idea as to when the review will take place. begins as soon as an inmate has been sentenced. entitled to submit representations for considera- it has been done correctly. Th e process is helpfully documented in a Prison tion at their categorisation review 2. Be open with professionals in seeking their Service Instrument (PSI) 40/2011 for male When will I receive a Categorisation Review? views on your downgrade in security category. prisoners and 39/2011 for female prisoners. Who makes the decision on what security Th e PSIs state that prisoners must be reviewed at Speak to your Off ender Manager and Supervisor Th ese documents should be available from the category status I am? ‘regular prescribed intervals’. Th e timing of re- and ask their views. Th ey may be able to provide prison libraries. Determinate sentence inmates will have their categorisation reviews is detailed at paragraph some useful information and you can also have reviews considered by a board or a single 5.5 of PSI 40/2011 (male inmates) and paragraph the opportunity to discuss any of their concerns Male inmates have four security categories (A, B, governor. Th e decision must be approved by a 5.6 of PSI 39/2011 (female inmates). Th ese para- with them before they provide an offi cial recom- C and D). Women and young off enders may be “Governor 4” or above (or at least third in charge graphs set out when a review should take place. mendation. classed as category A, but normally they will be for smaller prisons), or the equivalent grades in Inmates should be subject to a review every six or simply allocated to either open or closed conditions. private prisons. twelve months dependent on the type of sentence 3. Start drafting your written representations. You they are serving. should attempt to obtain a copy of PSI 40/2011 or Th ere are various diff erent avenues of re-catego- Indeterminate sentence inmates, who are subject 39/2011 to help you with this. Both are very clear risation and who decides or reviews this is based to a category status review from A to B, will only In addition to the timetables set out paragraph documents outlining exactly what the prison are upon things such as what category status an have that review undertaken by the CAT A team/ 5.5 of PSI 40/2011 and paragraph 5.6 of PSI looking for when they consider categorisation. inmate already is and what type of sentence they committee as detailed in short above. Re-catego- 39/2011 “inmates may have their security category Remember to address any negative issues such are serving. Category A and restricted status risation from B to C is done by lifer managers at reviewed whenever there has been a signifi cant as IEP’s warnings/adjudications by providing inmates are not categorised by the prison estate. the prison following sentence planning review change in their circumstances or behaviour your explanation as to why the incidents have not boards. For indeterminate inmates re-categorisa- which impacts on the level of security required.” increased your risk and why you are suitable for Category A prisoners have their security status tion to category D can usually only occur (para 5.9 PSI 40/2011 and para 5.10 PSI 39/2011). the category you are suggesting you should be fi rst reviewed by a Local Advisory Panel in the following a review by a panel of the Parole Board Th is usually relates to negative information being downgraded to. received which may suggest that there should be 4. Make sure your representations are submitted an increase in security classifi cation, but it is and acknowledged. Th e process can take some important to note that the list provided in each of time so after 2/3 weeks, chase the decision and the paragraphs is not exhaustive and arguably if request a copy of the decision. Th is will be set out there is positive information or evidence to suggest on a form known as the RC1 form. that re-categorisation should be reviewed, then there may be grounds to argue that the prison What can I do if I disagree with the categorisation? should review an inmate’s category status earlier Paragraph 3.2 of both PSI 39/2011 and PSI 40/2011 than the timetable provides. stipulates that “Categorisation decisions must be fair, consistent and objective.” If an inmate is dis- What does the process entail? satisfi ed with a categorisation decision he/she is It is a common misunderstanding by prisoners fi rst encouraged to raise their concerns with their that they will be invited to sit in front of a board of personal offi cer. If the inmate remains concerned prison staff to discuss their security category, with how that decision was reached then a much like a Parole or Recall Oral Hearing. Th e complaint can be raised through the request/ myth can often derive from the fact that the complaints procedure. In such cases, the catego- prison will often refer to the review as a ‘re-cate- risation decision must be reviewed by a person gorisation board’. Th ere are some prisons who senior to the ‘counter signing offi cer’ who will will invite the inmate to attend the review but this conduct a separate review based on the informa- is extremely rare. Inmates should therefore tion available. Category A inmates can follow the Our open, friendly solicitors working consider whether they wish to prepare written same procedure but their form should be sent to in Criminal Defence will help you with all representations to submit to the prison for con- the DHS for a response rather than being sideration at their review. If you do not submit answered by the prison. aspects of Prison Law including: any representations, your voice will not be heard. Licence recall • Adjudications In the event that an inmate is still dissatisfi ed with the decisions then it will be open to them to Parole hearings • IPP queries What can I do to ensure a successful review and downgrade in security category? pursue the matter with the Governor and ulti- Judicial review • Sentence planning issues Prior to 2 December 2013, Legal Aid was available mately the Prisons and Probation Ombudsman for all prisoners undergoing a categorisation who will investigate whether the decision made reviews. Th is funding would enable your solicitor was the correct one. Call us on 01865 518971 to take your instructions and draft written repre- Although often daunting, the re-categoristion sentations supporting your downgrade in process, if followed correctly by the prison should or visit www.hinesolicitors.com security category. Since this date, funding has be a relatively straightforward process. Whether been removed and there is now no Legal Aid it’s as easy as A B C, we will leave it for you to decide. available for this work. Many prisoners have fed back to us as a fi rm that they are fi nding them- If you need help or advice with any prison law Oxford Freepost address selves struggling to ensure that reviews take place issues please contact the prison law department FREEPOST RTHU - LEKE - HAZR fairly and most importantly on time. at Hine Solicitors Telephone - 01865 518971 or Hine Solicitors | Seymour House FREEPOST - RTHU - LEKE - HAZR Hine Solici- 285 Banbury Road | Oxford | OX2 7JF Many fi rms including Hine Solicitors do off er tors, Seymour House, 285 Banbury Road, advice and assistance for prisoners reviews Oxford OX2 7JF. Insidetime May 2015 www.insidetime.org Legal 45

were keeping Y, a suspected major drug dealer, What if, for example, A, B and C agree to import under surveillance. X is seen going frequently to cannabis where C provides a car but in fact A and the channel ports. X is then arrested prior to Y’s B import cocaine (a Category A drug)? In that arrest. X’s home is searched - nothing is found but situation C would in fact be acquitted (see R v CONSPIRACY phone contacts between him and Y are clearly Taylor Taylor [2002] Crim LR 205). But the point established and all around times when X is going is made - there are many difficult scenarios. What to or coming from the Continent. It is plain in the is the situation for example where A and B agree Law tactics and strategy in defending police interview however that the police are to commit an offence abroad? What if A and B really at a loss about what to say X’s supposed agree with C to commit an offence but C, in in conspiracy allegations role is. The two men are clearly close and the reality, had no intention to go through with it, or if police are very suspicious. X says nothing in B later changed his mind? What if A, B and C interview aside that he is not guilty of any involve- agreed with D and D turned out to be an under- Aziz Rahman charge this as a conspiracy to supply, rather than ment in drugs offences and the police reluctantly cover officer? What if A agreed with B but did not Solicitor a substantive offence of possession with intent to release him. Y is then arrested and says in meet C or even know D? It would take a book to interview, ‘I am not a drug dealer, I get my money explain all the many variables of this offence. The Jonathan Lennon supply. That way the Crown can make assertions about different defendants’ roles but are not locked from bringing in cigarettes from the Continent essential thing to remember is that conspiracy Barrister into proving that a particular act was committed and I get the cigarettes from X’. The police of really means ‘agreement’ - the Crown must by a particular defendant on a particular day. course don’t believe that it is cigarettes that are always show that an agreement of some sort has being smuggled in and X is re-arrested and been reached and that a Defendant is a party to it Definition of conspiracy The evidence: ‘acts and declarations’ suddenly a positive case is put to him about his - that is sometimes easier said than done. There are two types of conspiracy - statutory and In conspiracy cases there will often be significant role as an importer of drugs. In those circum- common-law. Common law conspiracy was areas of evidence which, on the face of it, seem stances there could be scope for X at least to abolished by the Criminal Law Act 1977, though Jonathan Lennon is a Barrister specialising in damming but which in fact are not admissible demand disclosure of at least some of the initial even with the dawn of a the statutory regime for serious and complex criminal defence cases. He against a particular defendant. intelligence. It maybe that the original police case is based at 33 Chancery Lane Chambers in fraud offences under the Fraud Act 2006 we still started from an informant’s information that Y London. He has extensive experience in all see the Crown using the common-law offence of A basic rule of evidence is that, ordinarily, acts got his drugs from a source in London; i.e. not aspects of financial and serious crime and the conspiracy to defraud and cheating the Revenue; done or words uttered by ‘A’ cannot be evidence from the Continent. That could undermine the Proceeds of Crime Act 2002. He is ranked by both these common law conspiracy offences were against ‘B’. But in conspiracy cases there is the case against X and therefore could be disclosable Legal 500 Chambers & Ptnrs & is recognised in expressly preserved by the 1977 Act.The common C&P’s specialist POCA and Financial Crime so-called ‘acts and declarations’ rule. This under the disclosure rules. In preparation care law offence of conspiracy to defraud has been sections; ‘he is phenomenal and is work rate is provides that the acts or declarations of any con- always needs to be taken to take the right described in Parliament as “repellent” and the astonishing’ (2015). spirator or co-accused made in furtherance of the approach to sensitive disclosure issues and, Law Commission has suggested the offence is far alleged common design may be admitted as part importantly, the drafting of the Defence Aziz Rahman is a Solicitor- Advocate and too wide; see now R v Evans, Cardiff Crown Court of the evidence against any other conspirator. Statement. This is even more so in conspiracy Partner at the leading Criminal Defence firm (18/2/14). However, in this article we will con- The Criminal Justice Act 2003 preserves this rule cases as the very fluid nature of the charge means Rahman Ravelli Solicitors, specialising in centrate on what is by far and away the most - i.e. as an exception against the common-law that the defence have to concentrate as hard as Human Rights, Financial Crime and Large Scale common of conspiracy allegations; statutory exclusion of such evidence; s118(1). To be admis- they can on what concrete ‘facts’ led the prosecu- Conspiracies/Serious crime. Rahman Ravelli conspiracy. Under section 1 of the Criminal Law are members of the Specialist Fraud Panel and sible against a co-defendant the declaration in tion to their theory in the first place. Act 1977 it is an offence“if a person agrees with have been ranked by Legal 500 as an ‘excep- question must be in furtherance of the common any other person or persons that a course of tional’ firm with Aziz Rahman being described design; it must “be demonstrated to be one Problems for the prosecution conduct shall be pursued which, if the agreement as ‘top class’’. The firm is also ranked in Chambers forming an integral part of the machinery The requirement for a proved agreement can & Partners. Rahman Ravelli are a Top Tier and is carried out in accordance with their inten- designed to give effect to the joint enterprise” - R v raise other very thorny issues for the prosecution. Band 1 firm. tions…” results in the commission of an offence. Reeves, unrep. Dec 4, 1998 . Descriptions of past events etc are not made in furtherance of the This simply means that just as it is a criminal common design and are therefore not admissible offence to rob or murder or steal, so it is a criminal against anyone other than the maker. For offence for two or more persons to agree with one example, say an undercover officer covertly another to commit that offence. The essence of records a suspect X discussing the preparations the offence of conspiracy is agreement. for an offence and person Y is mentioned. This could be admissible evidence against both X and The law: ‘agreement’ Y in a conspiracy case. But the acts and declara- Judges will remind juries that for the prosecution tions rule can, and very often should, be tested by Services to prove an ‘agreement’ they do not have to the defence. In R v Gray and Liggins [1995] 2 Cr. • Serious Crime produce a signed contract agreeing to commit an App. R 100 the Appeal Court went back to basic • Serious Fraud offence. Juries are invited to make common-sense principles by recalling that “the basic reason for • Covert/Human Rights inferences from the evidence - for example, a series SOLICITORS admitting the evidence of the acts or words of one • Health & Safety of suspicious meetings links to other co-defend- against the other is that the combination or pre- • Assets Forfeiture ants by telephone calls or taped conversations Specialists in Defending Serious Crime concert to commit the crime is considered as • Regulatory Crime taken by a covertly placed bug or, more riskily for implying an authority to act to or speak in further- If you feel we can assist Rahman Ravelli has built an enviable reputation as a leading criminal the police/HMRC/NCA, the use of an undercover ance of the common purpose on behalf of the you please do not defence firm. Our Practice is nationwide and we have developed an officer in the alleged pre-offence discussions. others. From the nature of the case it can seldom hesitate to contact our expertise in handling substantial and complex cases particularly those happen that anything said by one which is no Serious Crime Department involving difficult legal challenges, especially in the Human Rights Often the facts in such allegations are agreed but more than a narrative statement or account of area. We continue to successfully protect the rights of the individual in the inferences that can be drawn from these facts Call: all areas of criminal law. some event that has already taken place…..can are not agreed. This is what lawyers call a ‘confess become admissible under this principle against We recognise that criminal cases today are not merely decided on eye and avoid’ case. In a confess and avoid case it can his companions in the common enterprise.” Thus 01422 witness testimony, but on other issues such as whether evidence can be tempting, as a defending lawyer, just to let the be successfully argued to be inadmissible or the prosecution made to it maybe that X’s comments can in truth be defendant do the explaining - i.e. the ‘avoiding’. disclose evidence helpful to the defence case. Our dedicated team of shown to be no more than grandstanding or 346666 That approach risks failing to see which parts of criminal lawyers are always up to date with the latest developments describing past events - and even if that is not (24 Hour) the evidence are the prosecution’s highlights and in the law to ensure that no stone is left unturned. The lawyers have clear there remains a discretion for the Judge to wide ranging experience of defending cases of significant complexity tackling them fully and properly in the prepara- direct the jury not to hold X’s words against Y. Roma House and seriousness. Our reputation means that we are able to instruct the tion stage. Care and skill is required to identify 59 Pellon Lane most able counsel to conduct trials. these areas and consider how best to attack the Halifax Preparation: investigation & disclosure We appoint Counsel, Queen’s Counsel and Experts who have passed prosecution’s case - e.g. cross-examining an officer The Crown may not have to pin their colours to HX1 5BE. our vigorous vetting procedures. about how many times he didn’t see the suspect, the mast too firmly in a conspiracy case however Offices now in London or establishing that a series of calls in isolation High Profile Cases Rahman Ravelli routinely deals with large, high there must be a case - a theory of what role a www.rahmanravelli.co.uk may look suspicious but against the background profile cases and is experienced in dealing with criminal matters all the suspect is said to play in the alleged conspiracy. of the parties history is not so suspicious. way to the House of Lords. The police will sometimes get it wrong and build a case against a suspect who has ‘appeared on RIPA Our speciality is defending cases involving large scale police opera- The advantage of a conspiracy indictment for the the radar’ during their investigations. Or, it may tions where authorities have been granted under the Regulations of prosecution is the lack of precision required. For Investigatory Powers Act 2000 (RIPA); i.e. be that the suspect is actually guilty of something example, where there is a large haul of drugs or The use of Informants / Covert Surveillance (including Covert Listening entirely different to the plot being hatched by others. guns and more than one person has been devices) / Undercover Offices; andMaterial which demands an expertise arrested the police will almost automatically in disclosure & PII concerns For example, say, X is seen by police whilst they ›› Registered with EMAP ‹‹ If you have a question you would like answered please send to: ‘Legal’, Inside Time, Botley Mills, Insidetime May 2015 46 Legal Q&A Botley, Southampton, Hampshire SO30 2GB. (including your name, number and prison) www.insidetime.org

SW - HMP Leeds case will be reviewed on an annual basis until OD - HMP Swaleside your licence expires. If there has been signifi- I was released 3 months ago and the cant progress or a change in your circum- I was sentenced to 7 years in 2010 for Qday after I met my PPU Officer who I stances an application can be made for your Qmoney laundering. I started my asked about restrictions and he clearly case to be re reviewed at an early stage. sentence as a Cat-C in a Cat-C establishment. allowed 3rd party internet. One month later I In 2012 I was given a further eight years for was arrested but not charged for doing that Response supplied by Olliers Solicitors confiscation default which then brings the which is apparently a breach of a sex ...... total years to fifteen. I was then moved to a offenders prevention order. I have clearly Cat-B establishment because my sentence is now above ten years. In 2013, I got catego- been misled by PPU and Probation. I would JC - HMP Lowdham Grange ask, based on this, would the Parole Board rised to Cat-C and I am due for a Cat-D review in March 2015. I heard that I will never be look at this or just keep me locked up based I am serving a 3 year IPP and I got my considered for Cat-D because those on con- on the fact PPU and Probation can’t commu- Cat-D status back in September 2014 fiscation default sentence don’t go to Cat-D. nicate properly? I have evidence that Q however still remain in a Cat-B prison. I was Is this true? Do I have to complete my Probation and the Police allowed it and a told by the Governor that they are waiting for sentence in a closed establishment? witness who told the police it was not me who Population Management to move me to a used the device. I feel like I have been ‘set up‘ Cat-D prison so I would like to know what the In terms of your categorisation I can and need help. Inside Time time limit is for them to move a Cat-D IPP A confirm that the Prison Service Instru- ment that deals specifically with categorisation prisoner. When recalled on licence you will be matters (PSI 40/2011) sets out at paragraph 9 of Legal Forum A informed within 14 days of the reason/s for Annex D, that the amount of any outstanding your recall. If you are not considered suitable Firstly, it is worthy of note that you will confiscation order must be taken into account have to have the Cat-D status author- Answers to readers’ legal queries are for a Fixed Term Recall (FTR), which as an A by the prison when conducting a review of a ised by the Secretary of State as the Parole given on a strictly without liability Extended sentence prisoner you are not, you prisoner’s security category. will be subject to standard recall provisions. Board can only make a recommendation. In basis. If you propose acting upon any terms of your transfer to open conditions, this It states that: “Existence of a Confiscation Order of the opinions that appear, you must As you have remained in prison for more than will be controlled by Population Management does not in itself preclude a prisoner from cate- first take legal advice. 28 days following your recall the Parole Board as you are an indeterminate sentence prisoner. gorisation to Category D and subsequent allo- cation to open conditions. However, the impact will review your case and reasons for recall on Unfortunately, there is no fixed time limit for Capital Defence Solicitors, Olliers on abscond risk of the amount of the Order; the licence. The Parole Board will consider the processing you and transferring you to an Solicitors, Hine Solicitors, Cartwright report submitted by your Offender Supervisor prisoner’s willingness/ability to pay it; the addi- open prison. It will involve you being accepted tional time to be served in lieu of non-payment King Solicitors, Crowns Solicitors, detailing the circumstances of your recall and by an open prison and then the movement must be considered. Establishments should seek Wells Burcombe LLP Solicitors, details about the risk you pose along with any being undertaken by Population Manage- more information from the enforcement author- Carrington Solicitors written representations submitted by you or by ment. Unfortunately, there is little that can be ities as to the level of risk. Prisoners at high risk your legal team. The Parole Board will consider done to speed up the process at this time. of absconding for any reason should not be cat- Send your Legal Queries (concise and whether they can make a decision based on Firstly, I would advise you to make sure that egorised to Category D.” clearly marked ‘legal’) to: David Wells, the information contained on the papers or you have had your Category D status author- Solicitor c/o Inside Time, Botley Mills, whether an Oral Hearing is required. Once the You will see that you are not automatically ised by the Secretary of State. Then I would Botley, Southampton, Hampshire Parole Board have reviewed your case a excluded from category D conditions, but the advise you to submit a COMP1 form asking the SO30 2GB. For a prompt response, decision will be made to re-release you on prison will take this into account when consid- Governor to inform you when any proposed readers are asked to send their queries licence, release you on a specified date or ering your risk of abscond and suitability for transfer might take place. on white paper using black ink or make no recommendation at all. category D conditions. typed if possible. If they make no decision to release you, your Response supplied by Olliers Solicitors Response supplied by Hine Solicitors

M c. IVOR . FARRELL Northern Irish Solicitors RUSSELL-COOKE SOLICITORS • Criminal Appeals against Sentence or Conviction • Parole Hearings • Proceeds of Crime/Confiscation Hearings • Police Interviews under PACE throughout NI and in Prisons • All Criminal Defence Cases • Judicial Review & Human Rights Cases • Family Law Dedicated department of Prison Law Specialist insurance for • Injury Claims within the Prison solicitors with specific expertise in: • Welfare Issues non-standard risks • Prison Visits Arranged within 24hrs Getting insurance is expensive enough Contact us now for a free n Lifer & IPP Parole Reviews n Recall Representation without the added burden of a criminal confidential review of all record, bankruptcy or voided policy to your insurance requirements. WE’RE HERE TO HELP n Adjudications n Re-categorisation disclose. We recognise that your past is not necessarily a guide to your future, 0161 969 6040 Please call us on 028 9023 7053 or 028 9032 4565 n Judicial Reviews n Sentence Progression [email protected] whatever your circumstances. or write to us at Our underwriting authority allows us to provide affordable cover for: 129 Springfield Road Belfast BT 12 7AE Car & Van Home & Property IT’S THAT SIMPLE!! 020 7440 4840 aaBusiness Travel [email protected] aa Sale Insurance Services Ltd 8 Bedford Row So whether you need business or 15 - 17 Washway Road, www.mcivorfarrell.co.uk London personal cover, or both,we can arrange Sale, Cheshire M33 7AD WC1R 4BX Prison Law Supervisor appointed by the the right policy at the right price. www.saleinsurance.co.uk Legal Services www.russell-cooke.co.uk Commission Authorised & regulated by the Financial Conduct Authority Insidetime May 2015 If you have a question you would like answered please send to: ‘Robert Banks’, Inside Time, Botley Mills, www.insidetime.org Botley, Southampton, Hampshire SO30 2GB. (including your name, number and prison) Legal Q&A 47

Factors indicating greater harm Factors indicating higher culpability Banks on • Injury (which includes disease transmission Statutory aggravating factors: and/or psychological harm) which is serious in the context of the offence (must normally • Offence motivated by, or demonstrating, be present) hostility to the victim based on his or her Sentence • Victim is particularly vulnerable because of sexual orientation (or presumed sexual ori- personal circumstances entation) • Sustained or repeated assault on the same • Offence motivated by, or demonstrating, Robert Banks, a barrister, writes Banks on Sentence. It is the second-largest sell- victim hostility to the victim based on the victim’s • Injury (which includes disease transmission disability (or presumed disability) ing criminal practitioner’s text book and is used by judges for sentencing more and/or psychological harm) which is serious than any other. The book is classified by the Ministry of Justice as a core judicial in the context of the offence (must normally Other aggravating factors: text book. The 2015 edition of the book and app was published on 28 April 2015. be present) The app is for Apple iPads and Windows 8 devices and costs £106 (incl. VAT). • Victim is particularly vulnerable because of • A significant degree of premeditation Updates will appear in the relevant paragraph. The print copy costs £106 and personal circumstances • Use of weapon or weapon equivalent (for • Sustained or repeated assault on the same example, shod foot, head-butting, use of acid, there will be regular updates on www.banksr.com. There is also a discount avail- victim use of animal) able when the print copy and app are purchased together. If you have access to a • Intention to commit more serious harm computer, you can follow Robert on Twitter: @BanksonSentence and you can Factors indicating lesser harm than actually resulted from the offence receive his weekly sentencing Alert. • Deliberately causes more harm than is www.banksr.com • Injury which is less serious in the context of necessary for commission of offence the offence • Deliberate targeting of vulnerable victim I come from Romania and I am finding Our side had little luck and the ref made • Leading role in group or gang Q life here difficult. I am in custody some dodgy decisions. Tensions were rising. Factors indicating lower culpability • Offender motivated by, or demonstrating, because they say I won’t turn up. They also Suddenly this player and I were close and he hostility based on the victim’s age, sex, gender say I am in a team of pickpockets who operate said, “No results in the net and no results • Subordinate role in group or gang identity (or presumed gender identity) on the Underground. I am aged 17 and they between the legs”. I got angrier and angrier. • A greater degree of provocation than normally say I am lying as I look much older. I don’t We had played well but we lost. After the game, expected have a passport as it was lost. They say it has I saw him outside the changing rooms and I • Lack of premeditation been deliberately destroyed and they think I couldn’t stand it any more. He was grinning • Mental disorder or learning disability, may be from Albania. My solicitor is not sure at me, so I clocked him one. He fell over and where linked to commission of the offence where we go on the age dispute. Can you help? hit his head on a brick edge to some steps. I • Excessive self-defence just wanted to wipe the smug grin off his face. I will try. Clearly the issue is important as Unfortunately, he cracked his skull and there STEP TWO Starting point and category range Ait will determine where you will be tried. was bleeding in the brain and at the moment Having determined the category, the court should use the corresponding starting points to reach Disputes of this nature are resolved by applying he can’t walk. I didn’t want that to happen. I a sentence within the category range below. The table is applicable to all offenders. Children and Young Persons Act 1933 s 99(1) went no comment in my interview. I’m charged and Powers of Criminal Courts (Sentencing) with section 20. I breached my bail by going Offence category Starting point Category range Act 2000 s 164(1). The court is required to abroad to a football match and I am now in (applicable to all offenders) (applicable to all offenders) make an inquiry and may take evidence to custody. I pleaded early and the court made a determine the issue. You might think you ask a fuss of a previous football ABH and started at Category 1 3 years’ custody 2 years 6 months’ to 4 years’ custody doctor but the doctor is often in no better 3 years and gave me 2 years. My solicitor says position than a member of the public to judge there is no appeal, but it was only a smack. It Category 2 1 year 6 months’ custody 1 to 3 years’ custody someone’s age. This is because people mature was just bad luck he was badly hurt. Category 3 High-level community order Low-level community order to 51 at different rates and any doctor’s estimate weeks’ custody would normally be only an estimate with a Your sentence is determined by the Assault margin of error. The Royal College of Paediat- AGuideline 2011. The key parts are: You have a number of factors against you. Obviously the serious injury is to be taken into account. rics and Child Health has said in a report that Category 1: Greater harm (serious injury must ‘age determination is very difficult and no You may not have wanted the injury to happen but you caused the serious injury. The blow was normally be present) and higher culpability; after the incident and appears to have been a punishment rather than a blow in the heat of the single approach could be relied on’. Category 2: Greater harm (serious injury must To determine the issue the court must apply moment. The previous ABH means the incident can’t be passed off as ‘out of character’. That and normally be present) and lower culpability or the breach of bail prevent you from presenting yourself as an otherwise law-abiding person. the Merton guidelines, which are from an lesser harm and higher culpability; immigration case, R(B) v London Borough of Category 3: Lesser harm and lower culpability. Merton 2003 EWHC 1689 (Admin), where it Looking at the guideline the judge must have found ‘greater harm and lower culpability’ when was again important to determine the age of The court should determine the offender’s cul- determining the category. This would make your offence Category 2. Category 2 requires ‘serious an immigrant. The court is required to elicit pability and the harm caused, or intended, by injury’. Clearly there would be uplift because of the very serious injury and the factors above. One the general background and the defendant’s reference only to the factors identified in the very crucial piece of information I don’t have is the force of the blow. If it was a tap (which I doubt), activities in the previous few years. In your table below (as demonstrated by the presence meaning your opponent was unlikely to have fallen over, then that would be a significant factor. case, officials in Romania or at their embassy of one or more). These factors comprise the If it was a full-force blow then that would also be significant. The judge has imposed a sentence would be contacted. That might solve the issue principal factual elements of the offence and before the plea discount at the top of the category range. It would seem he was entitled to do so. quickly. The police may indeed have already should determine the category. done this, and that may be why they say you don’t come from Romania. If you are not listed Asking Robert and Jason questions: Please make sure your question concerns sentence in their records, I would expect the court fisher and not conviction and send the letter to Inside would want a report made about you and it meredith Time, marked for Robert Banks or Jason Elliott. would be expected that you would be asked Members of the Association of Prison Lawyers Unless you say you don’t want your question questions to test your credibility. Physical Award winning firm offering specialist advice on prisoners’ rights and answer published, it will be assumed you appearance could be used but only to a limited have no objection to publication. It is usually extent. In the end it comes down to an evalua- not possible to determine whether a particular tion of all the material. • Lifer panels • Inquest defendant has grounds of appeal without Once the court has made its determination, • Adjudications • Judicial review seeing all the paperwork. Analysing all the the defendant is deemed to be of that age even • Parole review and early • Human rights paperwork is not possible. The column is if it turns out to be wrong, unless the determi- release • Compassionate release designed for simple questions and answers. nation was not performed properly. This is No-one will have their identity revealed. provided by Criminal Justice Act 1982 s 1(6). Contact solicitor Andrew Arthur Letters which a) are without an address, b) Fisher Meredith LLP, Blue Sky House, 405 Kennington Road, cannot be read, or c) are sent direct, cannot be I was playing for my local town’s football answered. Letters sent by readers to Inside London SE11 4PT Time are sent on to a solicitor, who forwards Qteam and we often have trouble when Telephone: 020 7091 2700 we play [another town’s club]. I was having them to Robert and Jason. If your solicitor wants to see previous questions and answers, trouble with a particular player from the other Fax: 020 7091 2800 they are at www.banksr.com. side who was marking me some of the time. Or visit our website www.fishermeredith.co.uk Insidetime May 2015 48 Reading Groups www.insidetime.org Reading group Shared Reading Cheryl Hunter and the shared reading round-up group at HMP Hull PIPE read Sonnet 30 Image courtesy of Matthew Meadows by Shakespeare, offering some varied and insightful thoughts The report this month comes from HMP Thameside, where Graham Coster supports a thriving group. The chosen book was ’s This Boy, with copies generously donated by When to the Sessions of Sweet to a new person in his life so the slate can be Silent Thought wiped clean?” To this S countered: “Human Penguin Random House. nature doesn’t change”. When to the sessions of sweet silent thought This Boy is the prizewin- useless father, who gambled away the family’s I summon up remembrance of things past, A wondered if the poet felt he perhaps hadn’t ning memoir by the money, and even left the two young children I sigh the lack of many a thing I sought, shared his emotions and regretted not being former alone on Christmas Day to fend for themselves And with old woes new wail my dear time’s waste. more open which prompted G to say that he and Labour MP Alan while their mother was in hospital, but, in the Then can I drown an eye, unus’d to fl ow, was: “ … afraid, ashamed even, of not being Johnson, about growing most interesting and animated part of the more open with my emotions,” but that prison up in extreme poverty in discussion, one member spoke up for him: For precious friends hid in death’s dateless night, had taught him it was ok to show emotion. Notting Hill in west “I just have a feeling there was more to it. And weep afresh love’s long since cancell’d woe, We talked about G’s use of the word London during the Look - he was in the First World War: maybe And moan th’expense of many a vanish’d sight. ‘ashamed’ in more detail prompted by the Fifties, effectively brought he had some kind of shell shock.” Then can I grieve at grievances foregone, phrase ‘unus’d to fl ow’ and questioned how up by his older sister And heavily from woe to woe tell o’er easy it was to show emotion , particularly after their feckless father Such an attempt to defend what others saw as The sad account of fore-bemoaned moan, crying, especially in prison. K said he’d never had walked out on them, the inexcusable neglect of his children pro- Which I new pay as if not paid before. cried in public because as a child he would get and their mother suffered increasingly ill health. voked some robust argument. The longest- But if the while I think on thee, dear friend, a beating for doing so. A recalled a recent standing member intervened: All losses are restor’d and sorrows end. It was the unanimous choice of the group “Look, what you’re saying is, people don’t do incident in which he had felt the need to explain his runny eyes (due to cold weather) in when we had come to choose the next book things without a reason. There’s always a For W, it seemed sorrowful and he remem- case anyone thought he was crying. to read and, as the group’s longest-standing reason, isn’t there?” bered his late brother. S visualised a man lying member said during our discussion: on his bed refl ecting, to which G responded: We looked in detail at ‘death’s dateless night’ “It’s quite remarkable: this is the fi rst book, in “That’s what the vast majority of us do in - dateless could mean infi nite, thought B. the whole year we’ve been doing the group, The Thameside group is part of the Prison prison”, saying too that it reminded him of a Reading Groups network (PRG), sponsored ‘Many a vanish’d sight’ for A implied: “… a that we’ve been unanimous in liking.” young cousin who had committed suicide and by the University of Roehampton and gen- beautiful view - always new but captured only although he didn’t know her that well it was: Indeed, not just liking: “superb” and “excel- erously supported by charities including for a moment,” but said R: “… just as real “… sad not to be able to say goodbye.” lent” were just two of the words used. It was Give a Book www.giveabook.org.uk each time.” On the other hand said S ‘sight’ Picking up on this, A described the poem as a also a book that everyone had read: usually in If your prison doesn’t have a reading group, might mean opportunities, and for B: “ … “prisoner’s lament”. J remarked that he often our choices some members would have prob- encourage your librarian to have a look possessions perhaps?”. We looked at ‘griev- remembers the laughter of people he knew lems fi nishing or even getting into the book, at the PRG website www.roehampton. ances’ - maybe from poor choices suggested and who are now dead. R commented how fi nding diffi culty with the language, or navi- ac.uk/prison-reading-groups. B. “From which we often do not learn,” said much clearer the poem is for having two gating the plot. But this book, to quote the PRG has also worked with National Prison S. T remarked that the intensity of such regret readings aloud before we begin discussions. same member’s criterion for a good read, “just Radio to start a radio book club. If you is increasing for him and following recent psy- have access to NPR, listen out for details fl owed”. chological interviews he fi nds himself and ways to take part. T saw the beginning of the poem as having: … pondering on an ex-girlfriend who he now “a sense of emptiness and having achieved The group generally agreed that the poverty knows he treated badly but should have stuck little,” whereas Richard saw a revisiting of the Alan Johnson depicted, and not in Victorian with as: “My life would have been so past. To this T then responded quoting but the decade before the Sixties, was different.” quite astonishing: a young boy having to sleep phrase ‘with old woes new wail my dear time’s under a coat for warmth, constantly hungry, waste’ that: “Time is dear and should be used C queried the meaning of the word ‘expense’ always being sent round to the grocer to plead well - not spent in revisiting the past”. K and suggested it might be the passing of for credit. %JEZPVTVGGFS remarked that he felt his life was wasted as he ‘many a vanish’d sight.’ B saw ‘account’ as Have you had missed out on family life so much. S saw QIZTJDBM TFYVBM some kind of accounts book, saying: “It’s a One member, of the same generation as the ‘weep afresh’ as the opening of old wounds PSFNPUJPOBMsuffered abuse mug who keeps such a book on the past - it is author, told us he had grown up in that same but coupled with ‘drown an eye’ as a the constant revisiting of old regret that is area of Notting Hill and remembered the BCVTFBTBDIJMEas a child? “cleansing”. B said that despite this poem pointless,” to which A replied: “Yes but it’s streets of decaying houses where Johnson had being 500 years old there is nothing new for  hard to move on as such feelings are just as lived. Another told the group that Johnson’s us - “life is still the same - is the poet appealing tale reminded him of other memoirs of child- 8#84PMJDJUPSTDBOIFMQZPVDMBJN raw each time you think about them.” hood poverty he had enjoyed like Angela’s DPNQFOTBUJPOGPSZPVSMPTUDIJMEIPPE However countered B: “The last two lines are Ashes and Gilda O’Neill’s books about Lon- 'PSTZNQBUIFUJD TUSBJHIUGPSXBSE Stevens So lic itors a redemption and the poem ends on an don’s East End. DPOGJEFOUJBMBEWJDF DPOUBDU Incorporating Rose, Williams & Partners upward note.” T went back to the word Criminal Litigation & Advocacy Specialists ‘sweet’ in the title which perhaps suggested 5IFSFTF$MBTTPO Everyone appreciated how well Johnson told .FNCFSPGUIF"TTPDJBUJPOPG Prison Law Experts this refl ective sonnet was more positive than his story, and with what unassuming modesty, $IJME"CVTF-BXZFST Please contact we fi rst thought. and agreed that much of the book’s poignancy Andrew Mandleberg, Steve Lee, came from him simply telling it like it was, and Michelle Patterson, Harpreet Jhawar never trying to tug on the heart strings. 01803 202404 for The Reader Organisation is an award-win- XXXXCXDPVL • Parole Applications • Lifer Panels ning charitable social enterprise working to If there is one quality the books the group • Adjudications • Licence Recall connect people through great literature. In $24IVSDI)PVTF Tor Hill Road, 2VFFO4USFFU have enjoyed seem to share, and which the • All criminal proceedings & appeals weekly sessions, a practitioner reads aloud /FXUPO"CCPUTorquay, Devon %FWPO TQ2 5RD5221 members most seek from their reading, it’s Union House, Uttoxeter Road, a short story or extract and a poem. Anyone what we might call “authenticity”: a world Longton, Stoke on Trent ST3 1NX in the group may choose to read too: some that chimes with your experience of it; that 0845 095 0011 do, others don’t. In this way, connections smacks of reality; that rings true. This book (local rate) are made with thoughts and feelings; some certainly had that. Agency work undertaken people refl ect on these privately, others are 24 hour Emergency Helpline 07659 111000 more vocal. Either is fi ne. The emphasis is on enjoying the literature. Most members had no time for Johnson’s APPROACHABLE UNDERSTANDABLE ACCESSIBLE ›› Registered with EMAP ‹‹ Insidetime May 2015 www.insidetime.org Book Review 49

Robinson Crusoe is a religious novel in many symptoms are the same as Robinson Crusoe ways, a story of spiritual redemption and and returning soldiers from Afghanistan, yet spiritual awakening. He has led a sinful, they aren’t allowed to get it. I read on seafaring life prior to his shipwreck. He has Facebook recently that a well-known pop star slept with prostitutes, has been drunk till he has been diagnosed with PTSD. How did she can remember no more on uncountable catch it? - going on tour for months and occasions and he has participated in all the having to put up with the inconveniences of evils of the slave trade. He sees the shipwreck being a beautiful celebrity. If that’s compara- as God’s punishment upon him for his sinful ble to a soldier’s experience in Afghanistan or life and also a sign of God’s mercy that He has the shock a prisoner gets when he receives a given him another chance. Robinson Crusoe’s life sentence, then everyone’s got it. prison is a kind of mixture of D cat and B cat conditions. He is surrounded by the open Robinson Crusoe gives sound advice to every space and the nature of a D cat, yet he has the prisoner when he suggests, ‘That God could isolation of a B. He doesn’t communicate with fully make up to me the deficiencies of my another human being for the first 20 years of solitary state and the want of human society his incarceration. by His presence, and the communications of His grace to my soul, supporting, comforting Like many long-term prisoners, Robinson and encouraging me to depend on His Provi- Crusoe has a religious experience. He has his dence here and hope for His eternal presence religious experience because of the guilt he hereafter.’ He believes that God has filled the feels for his crimes against God and humanity void that has been left vacant by people and and because of the isolation he has found material goods, that, ‘It was now that I began himself in. As prisoners in maximum security sensibly to feel how much more happy this life jails know, they are banged up between 14 I now led was, with all its miserable circum- and 23 hours a day. They are generally in a stances, than the wicked, cursed, abominable I’ve Only Just Arrived ... single cell so very rarely do they communicate life I led all the past part of my days.’ with anyone between those hours. It is the I’m from the 20th Century isolation Robinson Crusoe tells us that allows As all prisoners know, the void that their Released life sentenced prisoner Owen Davies on Robinson Crusoe God to communicate with us more readily and former life leaves behind, is filled by something, for us to communicate with God. whether they call it God or not. And as some prisoners, who have been through a spiritual he prisoner’s life has been ship- Robinson Crusoe, the eponymous hero of An important point Robinson Crusoe comes to experience, will admit, their lives can be very wrecked as he receives a life Daniel Defoe’s novel. Robinson Crusoe was realize is that, ‘whenever people come to a simplified by the prison experience, rewarding sentence and becomes a shipwrecked on the rocks of his sinful life and true sense of things, they will find deliverance and even pleasurable at times, despite the castaway. His life has been ship- ended up on a deserted island, somewhere from sin a much greater blessing than deliver- difficult, Spartan circumstances they find wrecked on the rocks of justice or near the Caribbean. Robinson Crusoe compares ance from affliction.’ This revelation would be themselves in. In fact, it could be argued that injustice and he has landed on a deserted himself to a prisoner ‘locked up with the T hard for some long term prisoners to accept. it is the difficult, Spartan conditions which island, which he comes to know as his cell. eternal bars and bolts of the ocean, in unin- In Christian terms their crimes are their sins brings them to a place where they are satisfied He’s thinking of changing his name to habited wilderness, without redemption.’ and their affliction is their imprisonment. with what is considered in a material sense an Robinson Crusoe is telling them that forgive- inferior life. ness for their crimes is a more beneficial deliv- erance than release from prison. As many ex- Robinson Crusoe was on his desert island for offenders know - if you aren’t ready to be 28 years, when he was expecting a natural life released, if you haven’t been healed of sentence. His last few years were spent in the whatever caused you to commit your crimes, company of his man Friday, a native he saved then it is much more likely that you will from cannibals, who became his man servant. re-offend. They might add that life is so much He had the less restrictive D cat conditions to more enjoyable for those who have been get him ready for the outside world. He is forgiven of their crimes. delivered from his island to England and expe- riences the culture shock of the released While Robinson Crusoe is having his religious prisoner, who feels like a time traveller telling experience, he undergoes the symptoms of everyone, ‘I’ve only just arrived. I’m from the what today would be diagnosed as Post 20th century.’ Robinson Crusoe is welcomed Traumatic Stress Disorder. It is the guilt and back like a victim of a miscarriage of justice. remorse for his crimes, which combine with DOES THE TAX MAN OWE YOU MONEY? the horrors of his natural life isolation to bring IF YOU ENTERED PRISON AFTER 6 APRIL 2011 AND PAID TAX YOU MAY BE DUE A REFUND. about the PTSD. Prisoners aren’t allowed to Defoe, D. (2010), Robinson Crusoe, Penguin catch PTSD. Their circumstances and Books, London, England. ARE YOU RECEIVING TAX DEMANDS OR PENALTIES THAT YOU DO NOT UNDERSTAND? ARE YOU SETTING UP A BUSINESS AFTER YOU ARE RELEASED AND NEED TAX ADVICE? IF THE ANSWER IS ‘YES’ YOU NEED TO CONTACT THE TA X ACADEMY™ CLARKE KIERNAN

THE TAX ACADEMY™ Include as much information as possible: SOLICITORS Unit 4, Ffordd yr Onnen FIGHTING FOR THE RIGHTS OF INDIVIDUALS IN THE SOUTH EAST • Prison number WE ARE A RESPECTED ‘LEGAL 500’ FIRM FRANCHISED BY THE LEGAL SERVICES Lon Parcwr Business Park • Your full name including middle name COMMISSION AND OUR DEDICATED AND EXPERIENCED TEAM IS AVAILABLE Ruthin • Your date of birth TO HELP YOU IN ANY AREA OF LITIGATION Denbighshire LL15 1NJ • National insurance number PRISON LAW DEPARTMENT CIVIL DEPARTMENT FAMILY DEPARTMENT • Employment history Catherine McCarthy Tafadzwa Chigudu Jennifer Mundy 01824 704535 All aspects of criminal law, including Legal aid available for Housing problems, All aspects of matrimonial and children • Contact address/number on the outside Appeals/CCRC/Confiscation Orders. due to your remand or looking forwards disputes, including proceedings involving [email protected] towards release. Including threat of the Local authority. www.thetaxacademy.co.uk Please advise if you change Prisons after responding. All aspects of prison law, including possession of your home and advice on Divorce, domestic violence, cohabitation adjudications, parole, DLP, eligibility for local authority housing and Civil partnerships. categorisation, Judicial Review following release. All aspects of financial disputes. The Tax Academy™ is a Social Enterprise created by Paul Retout, a Tax Specialist to help Prisoners with their tax affairs in Prison and on the outside. He was recently profiled in ‘The Times’ – ‘Tax Rebates for Cellmates’ having run tax seminars for inmates in HMP Wandsworth. 2-4 Bradford Street Tonbridge Kent TN9 1DU Tel: 01732 360999 If you would like to contribute to the Poetry section, please send your poems to Insidetime May 2015 50 Inside Poetry ‘Poetry’, Inside Time, Botley Mills, Botley, Southampton, Hampshire SO30 2GB. www.insidetime.org

© Ljupco Smokovski - Fotolia Star Poem of the Month Inspection ★ Anthony Murphy - HMP Littlehey Peace and Love Something is happening, what could it be? Jason Smith - HMP Featherstone The Inspectors are! So what do they see? We live under a swinging axe The wings are all spotless, the paint is all fresh Watch it and live in dread The bins are all empty, no sign of a mess Inevitably it falls for everyone New notice boards up, posters everywhere So why waste precious time worrying? It’s funny that last week the walls were all bare There is so much more... The wonderful sensations of reaching out Something is happening, what could it be? Touching and comforting a loved one The Inspectors are! So what do they see? The beauty drinking in the glorious vistas of The Man with the Frown the day Restricted regime here, no staff for the wings The velvet hand of dusk John Skermer - HMP Altcourse But plenty here this week, running around doing things The splendour of stars The man with the frown was lonely and sad Applications are answered, no problems with mail The majesty of the moon He wanted to smile, to be happy and glad While smartly dressed people have a look around The artistry of everything But his face it was stuck with a scowl deep and wide the jail Before you... He felt so despondent and so teary eyed The sweet taste and feel of water trickling Something is happening, what could it be? That soothing cooling balm quenching thirst The man with the frown tried to scrub his face clean The Inspectors are! So what do they see? So how much greater the juice When that failed he purchased some moisturising cream When biting into a piece of fruit He rubbed it on thick and hoped for the best Doors unlocked on time, all workshops are open Flavour cascading over taste-buds But it made little difference, as I’m sure you have guessed Visits aren’t cut short, and nothing is broken Delicious and salivating The offi ce is empty, everyone looks busy All taken for granted The man with the frown tried to stand on his head No sign of the biscuits, the coffees or teas However A feat that takes balance, it has to be said When expecting nothing After two days he checked but the frown was still there Something is happening, what could it be? Not the light of the sun By now he was downbeat and feeling despair! The Inspectors are! So what do they see? Wet of water The man with the frown hired a wrestling sumo Nor the air to breathe To help give his face a good bash and a pull Now in the reports, they’ll say what they found Everything is wonder Two black eyes and nice bruises were gained “No problems around here, it’s all running sound” And every moment a gift... But as for the frown well you guessed... it remained! We can’t understand why there’s loads of complaints “This place is fantastic, we’ve seen it, it’s great!” So fi nd peace in the quiet stillness of the morn The man with the frown went to purchase a car Then suck on the marrow of life It was the quickest and smartest in town by far The Inspectors have gone now, done what came for See... Taste... Speak... Scent and feel the cooling But out on the highway it chugged and broke down Now everything’s back to how it was before! breeze And did little to hearten the man with the frown But above all Be positive and love... The man with the frown thought ‘I’ll buy some new shoes’ He went into town to have a peruse Congratulations to this months winner who receives our £25 The pair that he chose were both stylish and black A Wish for My Children prize for ‘Star Poem of the Month’. But they rubbed on his heel so the frown... it was back! Kerry ompson - HMP Send Pop The man with the frown slumped down on the oor On this doorstep I stand year after year His life was so glum, he couldn’t take it no more To watch you going and think: N Jones - HMP Channings Wood He rubbed his eyes and looked up to the sky May you not skin your knees Just as a scruff old pigeon ew by May you not catch your fi ngers in a car door Pop goes the evil inside that little circle May your heart not break The pigeon looked down on the man with the frown “Who are ya, who are ya” eyes turning murky May tide and weather wait for your coming Who looked back with a funny face, just like a clown “Refuse bang up”, “We own this jail” And may you grow strong to break The pigeon’s attention wasn’t  xed on the ight All webs of my weaving Almighty lions roar, do as I say, all hail He crashed into a lamp post... ouch what a sight! Pop just one and invincibility fl oats in The man with the frown watched the pigeon free fall NEW Fists they fl y, superlatives of sin ‘Smash’... onto the ground, a spectacular sprawl insidepoetry Down to the seg, “he is off his head” He lay still for a while but then started to wriggle Voices from prison Search his cell, rip up his bed In the background you could hear a laugh and a giggle Copies are available at a special Just the norm, nothing to fi nd discount price of £7.50 +£1 p&p for The man with the frown didn’t frown anymore Inside Time readers, family & friends. Perhaps the four walls have played with his mind He was laughing so much, rolling round on the oor Inside Time, Botley Mills, Botley, Needless to say, will be the same next week He lifted the pigeon and dusted him down Southampton, Hampshire SO30 2GB When another pill gets popped and havoc shall unleash And that was the end of the man with the frown Tel: 0844 335 6483 Insidetime May 2015 If you would like to contribute to the Poetry section, please send your poems to www.insidetime.org ‘Poetry’, Inside Time, Botley Mills, Botley, Southampton, Hampshire SO30 2GB. Inside Poetry 51 Imagine Spice Harjit Toor - HMP Lowdham Grange Dean Cockram - HMP Liverpool Imagine being told when to go and when to stay Imagine feeling like the worlds passing you by day by day Ay mate do you want a jabber? Imagine watching the sun rise, the sun set then the stars Imagine having to watch that through metal bars You’ve never had spice before have ya? Imagine having the only contact with your loved ones by letter or phone F**k it have a bucket, a bucket for free Imagine seeing your enemies having the upper hand Come here mate, take a seat next to me Imagine being controlled and made to feel like less than a man Imagine seeing firsthand the justice system ethics to be fake The kid took the bucket, started smokin’ Imagine seeing the suits and uniform of police being worn by snakes For a while he just sat there smilin’ Imagine feeling that time is getting longer and longer Imagine somehow this making you stronger We thought it was funny by the way he © Vladimir Liverts - Fotolia Imagine witnessing so much effort and resources put behind getting you in a cell was actin’ Imagine still feeling free and watching them go through hell Dead Plant We just sat there pissin’ ourselves laughin’ Imagine having the time to reflect and seeing this as the ultimate blessing Alex Carr - HMP Wandsworth Imagine getting time to better yourself, educate yourself and learning the Next the kid became scared and para ultimate lesson There’s a dead plant in this room He started acting way out of manner Imagine ridding yourself of fear and separating yourself from pain Lying limp Imagine anything more dangerous than a prisoner with a brain All of a sudden the kid hit the floor strugglin’ Its leaves weak and wrinkled All its energy stolen Breathe; he brought up blood every time Times Are Changing Unable to get food he heaved Stephen Mason - HMP Oakwood Sunlight We all got up and decided to leave Water The difference an hour makes We just left him there cryin’ Its roots unable to reach out Rush and tumble to get ready Because of its plastic tomb But what we didn’t know he was lying Brush your teeth, comb your hair Keep an eye on the time, briefly Faded away there dyin’ Ruined Make the bed, and brush the floor Fighting for his life and to keep breathin’ As time ticks down, I’m doing fine What would have stood tall and strong And beautiful on the outside The kid was just staring at the ceilin’ The workshop is changed to Education 8 o’clock start changes to 9 o’clock start Where it is meant to be The screw came and called for help Where it flourishes All we could hear was the sound of the bell Time to have a shave and cleanse False Memory Where it’s loved and mothered We all thought he would be alright Time to take the early exercise Hugh Kunz - HMP Whatton But its beautiful mother nature Time to write this very ode Is now completely destroyed But he died in hospital later that night Time to dwell upon the day You said we were rich Time to ponder upon the throne I said we were poor Tamed Ay mate do you want a jabber? It probably died of boredom Time to set out for a fresh start You said we had shoes Na am sound, I know what it can do to ya I said they had holes Died of lack of challenge You said we had fun Died cos it missed the rain Questions I said we were dour The wind Dreams Daniel Brice - HMP Woodhill You said we had food The bugs that eat its leaves Paris Green - HMP Edinburgh I said we had some The birds that fly above it Why am I here? What shall I do? You said I am negative And the rats that lie beneath it I dream day and night Where am I going? Will I pull through? I said I am positive Of flying away to Primark This amazing creation Was it injustice? Was it the truth? You said there were pats The smell An anonymous masterpiece by an Was I just selfish? Or was it for you? I said there were slaps The atmosphere You said it was piety unknown creature Looking for the best outfit Was he deserving? Was it too much? I said it was anxiety Stolen from its environment Waking up crying Did we have it coming? Was I too rough? You said you liked harmony And left to rot in this room Because it will not be for a good while Was it the beers? Was it the drugs? I said that’s false memory And I will never understand why now Is it that simple? Am I a thug? 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 How did I get here? Where have I been? any other competition or been published previously. Send entries to: Inside Time, Poetry, Botley Mills, Botley, Southampton, Hampshire, SO30 Will I repent? Was it a sin? 2GB. Please put your name, number and prison on the same sheet of paper as your poem. If you win we can’t send your money if we don’t know Was it straightforward? Does it just spin? who or where you are! Is this a haystack? Am a I pin? By submitting your poems to Inside Time you are agreeing that they can be published in any of our ‘not for profit links’, these include the newspa- per, website and any forthcoming books. You are also giving permission for Inside Time to use their discretion in allowing other organisations to Is this a poem? Is it a song? reproduce this work if considered appropriate, unless you have clearly stated that you do not want this to happen. Any work reproduced in other publications will be on a ‘not for profit’ basis. WHEN SUBMITTING YOUR WORK PLEASE INCLUDE THE FOLLOWING PERMISSION: THIS IS MY OWN Am I good man? Did I do wrong? WORK AND I AGREE TO INSIDE TIME PUBLISHING IT IN ALL ASSOCIATE SITES AND OTHER PUBLICATIONS AS APPROPRIATE. Insidetime May 2015 52 Jailbreak www.insidetime.org

Crossword TWENTY QUESTIONS TO TEST YOUR GENERAL KNOWLEDGE

1. Cardinal Wolsey was the Champion in which motor sport? to which king of England? 12. In 1975, which British silent fi lm leg- 2. By which acronym is the independent end received a knighthood in his mid eight- regulator, the Offi ce of Communications, bet- ies? ter known? 13. Which children’s animated TV charac- 3. Tony Hawk is a famous name in which ter lived ‘in the top left-hand corner of extreme sport? Wales’?

4. In palaeontology, was the Triceratops a 14. Orvieto is a light wine from which herbivore or a carnivore? country?

5. Charlie Fairhead, Megan Roach and 15. Which famous British music festival ‘Duffy’ have been regular characters in which did Michael Eavis establish? TV medical drama? 16. Which collective name is given to the 6. In what does the waiter known as a gaseous elements helium, neon, argon, kryp- sommelier specialize? ton, xenon and radon?

7. Dermatology is the study of which part 17. Which sign of the zodiac is also known of the body? as ‘the virgin’?

8. In the original arcade game, what type 18. Which American composer’s fi lm of creature was ‘Donkey Kong’? soundtracks have included Candyman, The Hours and The Truman Show? 9. During which war was the 1980s TV series Tenko set? 19. What does the Scottish Gaelic word ‘loch’ mean? 10. To which section of the orchestra does Across Down the clarinet belong? 20. Which Jamaican reggae singer was born Orville Richard Burrell in 1968? 1. A fi rework in the form of a fl at coil which spins 1. Archbishop of Canterbury who annulled the 11. In 1998, Mikka Hakkinen was World when fi xed and lit (9,5) marriage of Henry VIII and Anne Boleyn (7) 8. Semi-legendary Greek fabulist of the 6th century 2. Mike —, American heavyweight boxer (5) BC (5) 3. Artifi cial language invented in 1887 by a Polish 9. Blood vessels carrying blood from the heart (8) doctor (9) Inside Chess 8 11. Eight-branched candelabrum used as a symbol 4. A novel by Sir Walter Scott (7) of Judaism (7) 5. In classical mythology, the Muse of music (7) by Carl Portman 7 12. “— Bride”, 1999 fi lm starring Julia Roberts and 6. 2nd largest of the Great Lakes of America (5) Richard Gere (7) 7. One of the songs from “The Sound of Music” (9) I have been asked if I will clarify the fi fty move rule 6 13. Sister of Goneril and Cordelia in “King Lear” (5) 10. Meg —, star of the fi lm “French Kiss” (4) . in chess. There is much confusion around prisons 5 15. A drawing of the exterior of a building (9) 14. Mashed avocado pears mixed with chopped chess with this so I am delighted to have the oppor-

17. French heroine known as The Maid of Orleans (4,2,3) onion, tomatoes, chilli peppers, and seasoning (9) tunity to clear it up for you and end all those disa- 4 20. Racecourse in Surrey where the Derby is run 16. — Dumas author of “The Three Musketeers” (9) greements. The governing body of Chess is FIDE - annually (5) 17. A white ball in bowls, at which the players aim (4) Federation Internationale des Echecs (based in 3 22. A two-wheeled horse-drawn battle vehicle in 18. The merchant of Venice, in Shakespeare’s play Athens) and article 9.3 of the rules says that: the ancient world (7) of that name (7) 2 24. In Greek myth, the lover of the beautiful 19. An underground channel carrying water across The game is drawn, upon a correct claim by the 1 princess Hero (7) a road, etc. (7) player having the move, if: 26. Absurdity (8) 21. Philip —, role played by Humphrey Bogart in 27. An Italian cathedral (5) “The Big Sleep” (7) A B C D E F G H a. he writes his move on his score sheet and 28. Agatha Christie story with an Egyptian setting 23 A small map within the borders of a larger one (5) declares to the arbiter his intention to make this it to me. Please note that you should always write to (5,2,3,4) 25 A long loincloth worn by men in India (5) move, which shall result in the last 50 moves having me at the ECF not via InsideTime. been made by each player without the movement of Ashley Murphy HMP Brinsford (A5539DE) any pawn and without any capture, The answer to February’s lovely Przepiorka problem Transformers ArgonACTS Nebulae MATTHEWJazz COLOSSIANS NAHUM was this: Most people assume that white wins with A C S F G H Y J D G G B N M T Y E Q D A CORINTHIANSAutobots MegatronPETER or b. the last 50 consecutive moves have been made 1.Re2! Qg8 (forced) 2.Nf6 Qg1! 3.Re8+ Kg7 4.Rg8+ B Q W E T U D G K C B N H Y A E F G H R DEUTERONOMY PHILIPPIANS by each player without the movement of any pawn but black has 4…Kh6!! 5.Rg1 stalemate. EPHESIANSBruticus MenasorPROVERBS R Q A Z X S I V F G N B F S E G H D S G EXODUS PSALM and without any capture. GALATIANS REVELATION The beautiful answer is: 1.Re2! Qg8 2.Ng7!! and U T Y U G N N M J S O U N D W A V E M O Bumblebee Optimus Prime HEBREWS ROMANS SAMUEL So to put that in English it means 50 moves each. If now if 2…Kg7 3.Rg2+ wins or if 2…Qg7 3..Re8+ T Q S W D E O V F N C M K I H N H D S N ISAIAH THESSALONIANS the player claiming the draw by 50 moves can show I C V J B T B B H F I H T D E M J U K N CreationJAMES TIMOTHYRatchet TITUS wins. A pawn move by black would simply allow 3. JEREMIAH that in the last 50 moves no pawn has moved and no Re8. In every case, white’s advanced pawns are left C R E A T I O N M A T R I X E N H Y D E MatrixJOB Ravage capture has been made it is a draw. So that is not 25 to decide the issue. JOHN U W E Z V G T B E G P S G D L N H Y D B moves each, nor 21 but 50 moves per player. I hope DecepticonJOSHUA Shockwave S B T Z G T S G N V E G T S J A B V D U LUKE that has helped and trust me, 50 moves should be The answer to March’s Witchcraft problem was 1. H E E L L O F F A S C B G T A H S E G L MALACHI ample time to reach a result. Nc6!! (threatens Nb4+, blocking the a-pawn) Kxc6 DevastatorMARK Soundwave M E H G A T R O S B E T E X C N G T S A 2. Bf6 Kd5 3. d3 a2 4. c4+ Kc5(4....dxc3 5.Bxc3 is a V R C C D E F G O N D M H D K B G S U E Dinobots Vortex The problem this month is taken from the game Lein simple technical win) 5. Kb7! a1=Q (if 5...Kd6 or 5... O P T I M U S P R I M E A S D H F T V D v Robatsch (Brisbane 1979). It is white to move. Kb4 then 6.Bxd4 stopping the pawn) 6. Be7 Frenzy Wheeljack M J A X D G B F T S E V A W K C O H S N There are plenty of checks available but your job is checkmate. Proof that lightning can strike twice as W E R G T S H J L E A B C D E B F G H Y to announce checkmate in four moves. the fi rst out of the hat was Gwyn from HMP Bure I J K D R T H K D G V F S V O R T E X Z Thanks to Ashley Murphy - HMP again! Brinsford for compiling this word Write to me with your answer care of The English V F G B H C H M F A C H G T V T R O J N search. If you fancy compiling one for us please just send it in max 20 x 20 Chess Federation at The Watch Oak, Chain Lane, The answer to April’s problem was 1.Rxf8+ Bxf8 O P T I M U V D G V V G S H O C K D F E grid & complete with answers shown Battle, East Sussex TN33 OYD or you can email me 2.Qf7 Kh8 3.Qxf8 mate. Winner will be announced B U M B L E B E E A G H G Y S R G S V R on a grid. If we use it we will send you at offi [email protected] and they will forward next month. D E V A S T A T O R B N O R T A G E M F £5 as a thank you!

Argon Nebulae Autobots Bruticus Bumblebee Creation Matrix Decepticon Devastator Dinobots Frenzy Jazz Megatron Menasor Optimus Prime Ratchet Ravage Shockwave Soundwave Vortex Wheeljack

Insidetime May 2015 www.insidetime.org Jailbreak 53

Pathfinder Harry Potter Aunt Petunia “QUOTES” SubmittedPathfi by John Jones HMPnder Stafford Azakaban Harry Potter Bludger Terms are like shredded Muslim but now a campaigner for Dumbledore wheat. Two are wonderful but reform of Islam, understands why E D O R E M R A V E N C Gryffi ndor three might just be too many teenagers fall for the lure of Jihad Hagrid L D O E Y A H I N O N L I wouldn’t serve a third term as Hogwarts My bosoms are dropping? Prime Minister, says David Cameron B Y O M E D C T S N R A Madeye Moody Blah, that’s life! Muggles More than we need to know from M H A L D E M O R V E W If you vote Tory, you get Ravenclaw broadband. If you vote UKIP, you the broadcaster, Fern Britton U R G O R O D N T E L B Seeker get Miliband Sirius Black hits the campaign trail I plead guilty to being a ➡ D I D V M U F I U N C L Slytherin geek. I’m proud If there was an Isis, I would But I’ve never been a trainspotter, K R E K G G F Y W G O U Snape have joined them insists Ed Miliband Snitch C S L E L E G R A A H D Ayaan Hirsi Ali, formerly a devout Uncle Vernon A T Y E S S S T R I N G Voldemort L H I N A P N A T P U E Submitted by John Jones HMP Stafford If you would B E R S N E A U N E T R like to win £5, please submit your Pathfi nder - S U I R I S B A K A Z A grids should either be 15 x 15 or 12 x 12 squares. Neil Speed is a former prisoner who came up with the concept Remember when you send of GEF BAD CHI whilst in prison. Inside Time features a GEF BAD us your Pathfi nder to David Boris Ayaan Hirsi Fern Britton Ed Miliband CHI puzzle on this page. GEF BAD CHI by Neil Speed is published include your name, number by Xlibris. RRP: £12.35 Using the letters G,E,F,B,A,D,C,H & I fi ll and prison - otherwise you Cameron Johnson Ali Aunt Petuniain the blank squares. Each letter A-I must appear only once in will not receive your prize Azakabaneach line column and 3x3 grid. money. 6 2 Bludger Dumbledore Submitted by Matt Stansfield - HMP Bristol . Start on the left with the first number and work 4 7 5 Gryffindor your way across following the instructions in each cell. See how quickly you can do each puzzle and how your times improve month by month! Answers on page below. If you would like to submit 7 8 Hagrid similar puzzles we will pay £5 for any that are chosen for print. Please send in a minimum of three

HogwartsMIND GYM puzzles together with the answer! 6 3 9 4 Madeye Moody 2 5 7 6 7Muggles×3 / +14 / Double it / ÷7 / -4 = ? 1 3 2 9 Ravenclaw Seeker 4 5 0.3Sirius Black×4 / 10/6 of it / Cube it / -10 / Half it = ? 8 9 6 Slytherin Snape SUDOKU & GEFBADCHI ÷12 / ×5 / 2/3 of it / -4 / ÷6 = ? 4 1 (c) Daily Sudoku Ltd 2015. All rights reserved. 144Snitch Daily Sudoku: Sat 4-Apr-2015 Uncle Vernon Voldemort PROBLEMS FROM THE PRISON? CRIMINAL DEFENCE SOLICITORS YOU NEED The Independent Criminal Law Specialists 1 6 8 3 5 4 2 9 7 4 2 3 1 7 9 8 6 5 JP The5 Johnson7 9 6 Partnership8 2 1 3 4 6 3 Prison5 9 Law2 Service 8 4 7 1 9 4 2 5 1 7 6 8 3 Specialist Prison Law and Criminal Defence Solicitors 7 8 1 4 6 3 5 2 9 Licence3 9 Recall 6 8 4 1 Adjudications 7 5 2 8 1 7 2 9 5 3 4 6 • Indeterminate / Life Sentence issues • Lifer, ESP & IIP Panels Lifer2 5Panels4 7 3 6Parole 9 1 Applications8 (c) Daily Sudoku Ltd 2015. All rights reserved. Daily Sudoku: Sat 4-Apr-2015 hard • Recalls & Oral Hearings • Adjudications (North West region) • Parole Representations Magistrates & Crown Court Representation • Extensive Judicial Review experience • Appeals / Criminal Cases Review Commission Immediate advice and assistancehttp://www.dailysudoku.com/ from one of the largest criminal law firms in the country, Accreditations include: • Members of Criminal Appeal Lawers Association available 24/7. • Association of Prison Lawyers • Manchester Prison Law Practitioner Group Contact our Prison Law Department on: (0115)941 9141 at any time or write to us at FREEPOST NEA15948,NOTTINGHAM NG11BR Regulated by the Solicitors’ Regulation Authority

Members of the Association of Prison Lawyers Criminal Defence Service Insidetime May 2015 54 Jailbreak www.insidetime.org

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If you don’t want callers to be Mark Ellson disadvantaged or put off by the high HMP Lowdham cost of calling your mobile - just get a Grange 1. Which supermarket posted losses of £6.4bn? Past and present British F1 stars Stirling Moss and Lewis landline number for it. £25 2. Whose wicket taking record did James Anderson beat Hamilton met up at Silverstone recently Calls to mobiles don’t have to be expensive! in the West Indies recently? A £25 prize is on offer for the best 3. Who won The Voice? Full details are available on our main caption to this advert in Inside Time and at 4. Which teams will compete in the FA Cup Final this year? month’s picture. www.fonesavvy.co.uk 5. Who won the Bahrain F1? What are the 6. In which central London area did a multi-million jewel Sponsors of Jailbreak party leaders heist take place? laughing about now the election 7. Who has recently declared her intention to run for £25 G Murray HMP Stafford is over? president of USA? March Winners £5 Mr Hand HMP Stafford 8. Who is the leader of the SNP? £5 C McGuire HMP Frankland 9. What was the name of the horse that won the Grand >> To enter Southampton, Hampshire SO30 2GB. National? Please do not cut out any of these You can use one envelope to enter The winner will receive £25 and the panels. Just send your entry to one more than one competition just mark 10. Which Wimbledon winner married his long term two runner ups £5. See black box to or all of these competitions on a it ‘jailbreak’. A 1st or 2nd class stamp is girlfriend in April? the right for details of how to enter. separate sheet of paper. Make sure required on your envelope. your name, number and prison is CLOSING DATE FOR ALL COMPETI- Answers to last months News quiz: 1. The new £1 coin, 2. 30 years, 3. Cassidy Little with Natalie Lowe, 4. £1 billion pounds since on all sheets. Post your entry to: TIONS IS 05/06/15 Comic Relief began, 5. Jeremy Clarkson, 6. Lewis Hamilton, 7. Dick Advocaat, 8. Red Setter, 9. Brittania, 10. Air Ambulance pilot Inside Time, Botley Mills, Botley,

9. Who is not anti-American? 10. Who spent 4 years on the ‘ghost train’? 11. What is the name of Rachel’s grandfather? insideknowledge 12. Which prescription drug is known to make its users suicidal? The prize quiz where we give you the Questions and the Answers! 13. On which show will you expect to hear all about synthetic drugs this month? All the answers are within this issue of Inside Time - all you have to do is fi nd them!! 14. When is World Book Night celebrated? 15. Where did Weston College launch its fi rst prison campus? The fi rst 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. Answers to Last Month’s Inside Knowledge Prize Quiz 1. Who dreams day and night? 1. Kevin C Dooley, 2. Supporting All Falsely Accused with Reference Information, 3. Jesse Harris, How much was raised for Children in Need at HMP Bronzefi eld? 2. 4. Private Investigator, 5. £15,000,000, 6. Older Prisoners, 7. The Bell Foundation, 8. Joelle Taylor, 3. For how long can you get Housing Benefi t whilst on remand? 9. Yoga & Meditation, 10. Patrick, 11. 30 years, 12. Eva Korr, 13. Love, 14. Roger Khan, 15. HMP 4. What plays a bigger role in sex offending than upbringing? Birmingham 5. Who has dedicated their whole life to help those who are lost? March 6. What is meant by ‘approved premises’? Winners Our three £25 Prize winners are: Ruth Ryan Bronzefi eld, Claire Hardy New Hall, Sara Ege New Hall Plus our £5 Consolation prizes go to: Kevin McGeachy Edinburgh, 7. Which book has the Thameside reading group been unanimous in liking? Mark Luke Channings Wood 8. How many MPs took the decision to invade Iraq?

Don’t take Chances simon bethel with Your Freedom ! Here are 5 good reasons to call us FIRST: solicitors 1. One of the UK’s biggest specialist defence firms 2. Led by lawyer previously shortlisted for criminal Criminal Defence & Prison Law Specialists defence lawyer of the year Licence & Parole Hearings 3. Proven, specialist expertise in Appeal work © iQoncept - Fotolia 4. Our Advocates are always ready to represent you HDC & Recalls 5. We don’t give up! Adjudications Appeals • Adjudications • Parole Hearings Recall • Categorisation • Lifer Tariffs We will be extending the closing dates for Re-categorisation & Transfers Crime • Housing • Family Appeals & CCRC Referrals “The lawyers here are not just going through the allcompetitions, quizzes and poetry contribu- motions; as a barrister you have to be at your plus all Family Law and Immigration Matters tions. This will mean we will have to publish the best at all times to satisfy the high standards names of winners two issues later but prizes and set by them” (Chambers & Partners 2009) Please contact Dapo, David or Kay notifi cations will still be sent out on time. All Simon Bethel Solicitors GT Stewart Solicitors answers will appear in the next issue as usual so 58/60 Lewisham High Street London SE13 5JH 21-22 Camberwell Green London SE5 7AA Freephone 0800 999 3399 you won’t be kept waiting to fi nd out if you got 0208 297 7933 [email protected] t or 020 8299 6000 g Leeds • London • Kent them right. ›› Registered with EMAP ‹‹ s Members of the Association of Prison Lawyers Insidetime May 2015 www.insidetime.org Jailbreak 55

ANNIVERSARIES ROCK & POP QUIZ 1 May 1840 // 175th Anniversary The world’s first adhesive postage stamp, 1. Whose single Lollipop made it to No 1 the Penny Black, was issued in Britain. (It in May 2008? came into official use on 6th May.)

2. Which trio of solo singers produced the 5 May 1865 // 150th Anniversary 2008 smash hit single Love In this Club The first train robbery in the USA took Part II? place in the village of North Bend, Ohio. The train was derailed by tearing up the 3. Which band took its title from the names tracks, over 100 passengers were robbed of the two founding members plus the at gunpoint, and safes containing thousands title of a magazine devoted to truckers? of dollars in U.S. bonds were blown open. (The robbers were never captured.) 4. After finding that their song ‘I Disappear’ was being made available 13 May 1940 // 75th Anniversary illegally via an internet file sharer, which British Prime Minister Winston Churchill band sued the company in 2000? gave his first speech to the House of Commons, saying ‘I have nothing to offer 5. For which James Bond movie did Carly but blood, toil, tears and sweat.’ Simon perform the title song Nobody Does It Better? 15 May 1940 // 75th Anniversary The first McDonald’s restaurant opened in San Bernardino, California, USA.

15 May 1940 // 75th Anniversary Nylon stockings went on sale for the first time in the USA.

16 May 1990 // 25th Anniversary In an attempt to calm fears over BSE (‘mad cow disease’) in the UK, Agricul- ture Minister John Selwyn Gummer tried to get his daughter to eat a beefburger in 6. In which year was Madonna born? front of the media. She refused, so he ate it himself. 7. What is the title of the 2008 documen- tary movie, written, narrated and 17 May 1990 // 25th Anniversary produced by Madonna, concerning the The World Health Organisation (WHO) plight of African children? remove from its International Classification of Diseases. 8. Which band was named after a 17th May is now marked as the priestess who appeared in several International Day Against Homophobia episodes of Star Trek? and Transphobia.

9. Which band shares its name with the 11 May 1995 // 20th Anniversary title of a 1950 multi-award winning movie © MW Released life sentenced prisoner An outbreak of the deadly Ebola virus was starring Bette Davis and Anne Baxter? confirmed in Zaire. 317 people became infected, of whom 245 died.

27 May 1995 // 20th Anniversary American Superman actor Christopher Reeve was paralysed from the neck down when he was thrown from his horse during an equestrian competition in Virginia. (Died 2004.)

7 May 2000 // 15th Anniversary 10. In which year was Mariah Carey born? Vladimir Putin became President of Russia.

AB MACKENZIE SOLICITORS UUSP GGrrouupp We specialize in An independent group of providers of • Representations to Home Office Useful Services for Prisoners and their Families. Prior to Deportation Decisions Inside Time provides free or subsidised advertising for the USP Group. • Appeals Against Deportation The money they save funds an exclusive range of money saving offers for all who register online. Prisoners’ family and friends, solicitors, barristers and others who • Bail Applications are involved with prisons are invited to register and start saving money today. • Representation at Police stations, Prisoners can benefit from money saving offers when families register. Magistrates and Crown Courts Full details and registration form can be found at www.insidetime.org Please contact Hakeem, Billa or Raphael No catches, no strings - just savings from the USP Group AB Mackenzie Solicitors E Mail A Prisoner, Fonesavvy, Gema Records, Inside Time, Jailmate Cards, Unit 3, 99-103 Lomond Grove Prison Chat UK, Prison Images, SIS Insurance and Thinkin of U. Camberwell London SE5 7HN Where you see the USP logo you will know they share the Unique Selling Point of all USP members. USP 020 77011900 They will not be motivated by profit and are committed to providing fair and honest services that are Group Emergencies 07442 505012 Useful Services for Prisoners and their families. GROUP MEMBERSHIP IS BY ‘INVITATION ONLY’ Member [email protected] Insidetime May 2015 56 National Prison Radio www.insidetime.org

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17:00 07:00 The Brixton Hour Special programme made for HMP Behind Bars Porridge Brixton’s prisoners. Information in this programme ON LY Behind Bars is your award-winning daily feature show focusing on a different side of prison applies to HMP Brixton. life each evening. We bring you the best chat, music and information to keep you informed The first national breakfast show made by and for prisoners For information on services available at your prison, speak to a member about prison life and give a voice to your thoughts about life behind bars Big tracks, news, sport, information and real stories of prison life of staff Mondays Induction Show - all the basics about how prison works 08:00 Behind Bars Tuesdays Women Inside - focusing on life for female prisoners A repeat of last night’s show, broadcast at 17:00 Wednesdays Your Life - looking at how to keep your body and mind healthy Thursdays The Inside Story - your in-depth guide to staying out of jail 09:00 The 9:05 9:05 Fridays The Album Show - we play an entire album in full from start to finish Brit 40 All Music Daytime NPR Request Behind Bars Selector Show Repeat from Saturdays The Love Bug - helping you keep in touch with family and friends on the outside The UK’s number Music and information designed to Repeat Tuesday Sundays The Magazine - featuring the best bits of National Prison Radio one chart show, help you make the most of your time Two hours of presented the best in new 10:05 10:05 10:00 by prisoners UK music, plus NPR Request Behind Bars 18:00 inside interviews, mixes NPR Request Show The Brixton Hour exclusively for Show Repeat from For information, see edition at 07:00 National Prsion and live sets Repeat Wednesday Get your requests in to: Radio National Prison Radio, HMP Brixton, London SW2 5XF 11:00 11:05 11:05 NPR Request Show NPR Request Behind Bars 19:00 19:05 19:05 Show Repeat from Porridge Oldies Gospel Hour Get your requests in to: Sounds from the Uplifting Repeat Thursday A repeat of this morning’s show National Prison Radio, HMP Brixton, London SW2 5XF 60s, 70s & 80s gospel music 20:00 20:05 20:05 20:05 12:00 The Selector The A List This American Behind Bars Two hours of Life Stories Brit 40 the best in new from the US A repeat of last night’s show, broadcast at 17:00 UK music, plus Running through the latest music to hit the National A repeat of Friday’s show 21:00 interviews, mixes Prison Radio offices 21:05 13:00 13:05 13:05 and live sets. The State Porridge NPR Request Behind Bars We’re In Show Repeat from A repeat of this morning’s show Repeat Friday 22:00 14:00 14:05 14:05 The Love Songs Hour All Music Daytime Brit 40 NPR Request Behind Bars The UK’s Show Repeat from 60 minutes of classic love songs, the perfect soundtrack for writing those letters home Music and information designed to help you make number one Repeat Saturdey the most of your time inside chart show, 23:00 presented Red Bull Music Academy Radio by prisoners Live recordings, interviews, mixes and documentary features, exclusive to NPR. 15:00 exclusively for 15:05 15:05 National Prsion The Selector This American Radio Life Stories from 00:00 Two hours of the US NPR Request Show The Brixton Hour the best in new Repeat from 18:00 For information, see edition at 07:00 16:00 All Music UK music, plus 16:05 Daytime interviews, mixes The State We’re Overnight and live sets In Non-stop Music and Information

Want to hear your favourite song on National Prison Radio? We want your requests! News on National Prison Radio: To hear your song, message or poem on the radio, write to us at: National and international news from the studios of Sky News, every hour, on the hour National Prison Radio, HMP Brixton, London SW2 5XF The latest news from prisons across the country at 10:00, 12:00, 16:00, 18:00 and 22:00 Then tune in to the Request Show, Monday to Friday at 18:00, repeated at midnight, the following morning at 11:00 and throughout Saturday. Your daily TV Guide at 9:00, 11:00, 15:00, 17:00 and 20:00 SIS INSURANCE Email a Prisoner Inside Time are proud to GEMA RECORDS • Faster than 1st class post • Faster than 1st class post sponsor the NPR Supplier of music, dvds and games Second chance! 1 in 5 people are • Cheaper than a 2nd class stamp • Cheaper than a 2nd class stamp Prisoners in over 100 UK prisons now get e mails schedule along with the routinely refused insurance from their family, friends and legal representatives For full details call 0844 873 3111 following advertisers. (See full advert page 46) See advert page 3

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