Miscarriages of JusticeUK (MOJUK) 22 Berners St, Birmingham B19 2DR to ask him/herself whether the sentencing court could conclude that the circumstances appli - Tele: 0121- 507 0844 Email: [email protected] Web: www.mojuk.org.uk cable when the sentence as passed had changed as a result of knowing failures by the assist - ing offender to give assistance in accordance with the assisting offender agreement?” MOJUK: Newsletter ‘Inside Out’ No 660 (02/11/2017) - Cost £1 Delivering the unanimous judgment of the Court, Lord Kerr stated “it is unquestionably true that in a number of instances, the judge found that the Stewarts had not been truthful”. Lord Supreme Court: DPP Correct in Deciding Not to Resentence Dishonest Witnesses Kerr found that the Court could not uphold the High Court’s view that “the predominant factor Seosamh Gráinséir for Irish Legal News: The UK Supreme Court has allowed an appeal by in deciding where the interests of justice lay was whether a change in circumstances had the Director of Public Prosecutions against the finding of the High Court in Northern Ireland occurred between those which obtained at the time that the agreement with the specified pros - that the DPP’s decision not to remit dishonest witnesses for re-sentencing was contrary to the ecutor was made and the time at which consideration of whether to refer the case back to the interests of justice. Overturning the High Court's finding that the matter of sentencing should original sentencing court took place”. be remitted to the DPP for a fresh decision, Lord Brian Kerr was satisfied that the DPP con - Section 74(3) imposes no explicit constraint on how the specified prosecutor should approach ducted “a careful, perfectly legitimate investigation of the question of the interests of justice” the question of the interests of justice and it was Lord Kerr’s opinion that there was “no warrant and that her decision could not be impeached. for implying a fetter on the exercise of the unrestricted discretion for which the statute clearly pro - Assisting Offender Agreements: In August 2008, Mr Robert Stewart and Mr Ian Stewart, for - vides”. According to Lord Kerr, the reasons for a failure to strictly adhere to the terms of the mer members of loyalist paramilitary group, the UVF, turned themselves in to the PSNI and agreement with the specified prosecutor could involve “a well-established fear of attack on his entered “assisting offender agreements” with a specified prosecutor, Mr Raymond Kitson, pur - family”. Lord Kerr was satisfied that the DPP produced a report which was “a careful, perfectly suant to the Serious Organised Crime and Police Act 2005. Those agreements required them legitimate investigation of the question of the interests of justice in these particular cases and that to provide information and assistance to ongoing investigations, truthful evidence in the trials of her conclusions cannot be impeached”. Allowing the appeal, and dismissing the application by accomplices, and guilty pleas to offences they admitted. They pleaded guilty to various offences Mr Loughlin for judicial review, the Supreme Court rejected the High Court’s conclusion that the including the murder of Thomas English in 2000 and membership of a proscribed organisation. prosecutor was bound to conclude that it was in the interest of justice to refer the case if there The minimum tariff of life sentences for the offences was reduced by 75% in recognition of the had been a change of circumstance since the original sentence had been passed. assistance they provided. As such, from a starting point of 22 years and once further reductions for their guilty pleas and personal circumstances had been taken into account, they each had to Can Social Media Damage Your Right to a Fair Trial? serve a minimum of three years. They were both released on life licence in August 2011. Cathryn Evans, Human Rights News: An impartial jury is an essential part of our right to a Evidence at Trial of Accomplices: Both men gave evidence at the trial of 12 alleged accom - fair trial, and the people may only consider evidence which has been lawfully presented in the plices, one of which was Mr Jason Loughlin who brought the present application for judicial courtroom. This standard was developed decades before Twitter was even thought of, so how review. The trial ultimately ended with the acquittal on all counts of 11 of the defendants, do we protect the integrity of the jury trial in the digital era? including Mr Loughlin. The twelfth was convicted on evidence other than the Stewarts’ testi - Are Our Rights At Risk? Everyone has the right to a fair trial. It’s enshrined in both Article 6 mony. In the High Court, Gillen J concluded that the Stewarts had lied to the police and to the of the Human Rights Convention and the Human Rights Act. Both state that a person is enti - court. In his judgment, Gillen J “acknowledged the extreme difficulty in reaching conclusions tled to a fair and public hearing by an independent and impartial tribunal. But in the age of about whether accounts he found to be unreliable were the product of imperfect memory, the social media, is this right at risk? It’s an issue even the Government is concerned about, with ravages that alcohol and drug consumption had wrought on both witnesses, the circumstance an investigation launched this year into its potential impact on defendants and the trial that both had been engaged in long careers of criminal offending, a natural inclination to process. In a call for evidence, the Attorney General Jeremy Wright is asking lawyers and understate their own role and to exaggerate that of others, or plain fabrication”. other closely involved in the investigative and trial process to detail how social media has The Question of Re-sentencing: It fell to the DPP to decide whether the assisting offender impacted the fairness of criminal trials, particularly the right to anonymity and the integrity of agreements had been breached and whether the Stewarts should be referred back to the sen - judicial orders. The review follows guidelines issues in 2013 to help social media users avoid tencing court pursuant to s.74 of the Serious Organised Crime and Police Act 2005. The DPP committing a criminal offence when commenting on legal issues. decided not to refer them for re-sentencing, and consequently Mr Loughlin brought judicial Is There Any Evidence That Social Media Affects Trials? Two years ago a murder trial was review proceedings against the DPP’s decision. The High Court granted the application and halted after a judge decided that prejudicial comments made online about the accused meant quashed the DPP’s decision, remitting the matter to the PPS for a fresh decision; it was this it was impossible for them to have a fair trial. He concluded that the jurors would not be able decision that was ultimately appealed to the Supreme Court. Central to the High Court’s deci - to deliver a verdict solely based on the evidence presented in court, and a fresh trial was sion was its consideration of R v P and Blackburn [2007] EWCA Crim 2290. ordered. This is particularly important considering how courts have to balance to right to a fair Supreme Court: The PPS appealed the decision of the High Court, and in the Supreme trial with the idea of ‘open justice’ – that the public should know what evidence is being con - Court, the following question had to be considered: “In exercising the discretion in s.74(3)(b) sidered in the case. A defendant, however, is guaranteed the opportunity to address and of the Serious Organised Crime and Police Act 2005, is the Specified Prosecutor required counter all the evidence considered by the jury. The key is that the jury is expected to decide based purely on the evidence they hear in court, as well as the arguments from the pros - cates creates difficulties. Are we to intervene to prevent miscarriages of justice . . . and run ecution, defences and directions from the judge. Social media use by jurors can potentially the risk of appearing to support the prosecution, or are we to remain silent and allow possible damage this balance though. If they look up the case to see material or views which haven’t miscarriages of justice to occur?” Lynne Townley, 48, who was formerly Mr Thompson’s man - been presented in court, the defendant has no opportunity to present a defence, so could ager, sued the CPS last year, alleging she was told to place bad senior lawyers on complex adversely impact the verdict of the case. cases rather than simpler ones to avoid equal pay claims from junior lawyers working on those So What Is the Law? The Contempt of Court Act 1981 is the legal framework which sets out cases. Bob Neill MP, chairman of the Justice Select Committee, said Ms Townley’s allegation rules on what information can be published during active trials and makes it an offence to pub - “confirmed a growing set of suspicions about CPS work”. “If people aren’t good enough then lish anything which could prejudice or impede a trial. It is a matter of strict liability – basically, they should be managed out or trained up,” he said. it is an offence to publish such information even if there was no intention to disrupt a trial. The law applies to all publications. While when the Act first came into force it was aimed at tradi - Northern Ireland: Troubles-Related Court Cases to be 'Fast-Tracked' tional media, such as newspapers and television programmes, it still has a broad scope to Mark Simpson BBC News NI: Plans have been announced to speed up Troubles-related include social media today. Problems arise whereby members of the public are much less like - legacy cases going through the High Court. A number of judicial review cases are going to be ly to be aware of the law and risks of prejudicing a trial, meaning they’re more likely to end up "fast-tracked" to try to ease the courts backlog. The move comes after a review of how lega - in contempt of court. We’ve already seen cases where jurors have been caught exchanging cy cases are handled by the courts. It has been welcomed by legal firm KRW Law, which rep - messaging parties involved in the hearing, with a juror jailed for jailed for eight months in 2011 resents a number of families who lost loved ones in the Troubles. "Today's announcement after Facebooking one of the accused. Other jurors have used social media to divulge details demonstrates strong judicial leadership in a political vacuum and our clients will welcome of the case they’re hearing, or to seek advice. One woman even posted a poll on her every opportunity to fully engage in any review," said Niall Murphy from KRW. In a news Facebook profile, telling friends she didn’t know which way to vote. However, one of the release from the Judicial Communications Office, a spokesperson said: "The lord chief justice biggest risks to a fair trial comes when jurors search the internet for information on the recently directed a High Court judge to carry out a review of all judicial files concerning lega - accused, something the Attorney General has described as ‘trial by Google’. cy matters in order to ensure that the cases are case managed in an efficient, effective and Rights Are Not Just For the Accused: Contempt of court laws are not just to protect the expeditious manner. "The week-long administrative review was carried out by Mrs Justice accused. Victims and witnesses may also be subject to anonymity orders which prevent them Keegan supported by officials from the Office of the Lord Chief Justice and took place during being named. For example, victims of sexual offences are given lifetime anonymity and the the week commencing 9 October 2017. Mrs Justice Keegan presented a case management reporting of victims names is automatically banned in cases of female genital mutilation. plan to the lord chief justice and the senior judicial review Judge, Mr Justice McCloskey. The Courts may also exercise discretionary powers to stop press naming of children. When the parties in the judicial review cases will in due course have their case listed for case manage - footballer Ched Evans was accused of rape, many of his supporters named his alleged victim ment and a formal direction hearing." on social media, forcing her to go into hiding. Several people were prosecuted as a result. Social media is a fact of modern life, but its impact on the right to a fair trial is still being meas - Charges ‘Not Proven’ Against Met Officers Following Death of Henry Hicks ured. While jurors and the public have always had the capacity to break the law, social media INQUEST:: Despite contrasting with findings from an inquest, a Metropolitan Police miscon - has made this much easier and more permanent. It’s vital the Government continues to inves - duct hearing panel has concluded that gross misconduct charges against four officers relating to tigate the severity of the problem, but how to tackle it remains to be seen. the death of Henry Hicks in 2014 are ‘not proven’. The charges in question related to whether the officers, whose identities were protected, were in pursuit of Henry without authority and con - Crown Prosecution Paying off Their Bad Lawyers With Taxpayer’s Money trary to policy. The inquest jury returned in June 2016 found that police were in pursuit of Henry Taxpayers’ money has been used to pay off crown prosecutors found guilty of misconduct, as defined by the Metropolitan Service 'standard operating procedure'. This kind of pursuit would The Times reports. The Crown Prosecution Service (CPS) has given taxpayer-funded redun - require permission from central command, which the officers did not seek. However, the mis - dancy payments to lawyers who have brought the body into disrepute and has also assigned conduct hearing found that the four officers were not in pursuit and subsequently charges were underperforming prosecutors to complex cases. A former manager said she was told to give ‘not proven’. The accused officers giving evidence said that discrepancies between radio record - poor performing lawyers sensitive cases to protect the prosecuting body from equal pay chal - ings prior to, and following the fatal collision, as well as initial statements, were due to shock. lenges. The CPS employs more than 2,200 lawyers, among them 242 crown advocates, who Henry, aged 18 at the time of his death, suffered fatal head injuries in a collision on 19 December deal with the most complex cases. Freedom of information figures reveal that it has paid out 2014. During the inquest, evidence was heard that Henry was subjected to stop-and-search by £444,573 in voluntary redundancy payments to nine members of staff found guilty of miscon - police a total of 89 times between the ages of 14 and 17, but was never once charged duct, with three senior prosecutors numbering among them. One senior lawyer has been given The Independent Police Complaints Commission (IPCC) annual report on deaths following police a payout despite bringing the CPS “into serious disrepute”. contact for 2016/17 recorded a significant rise in road traffic fatalities involving police, and more than Lyall Thompson, 45, performed so poorly in an attempted murder trial that the judge com - double the number of deaths following police pursuit than the year before (28). A number of recent plained to the CPS. Judge Anthony Morris said that the “instruction of inadequate advo - misconduct hearing conclusions have had similar results, as listed in notes to editor. 3 4 Claudia Hicks, sister of Henry said: “We are beyond disappointed by this ruling. We don’t Video Links in Court Trials Undermine Justice System understand how the panel can have reached a different conclusion to that of the inquest jury. Owen Bowcott, Guardian: Video-conferencing threatens defendants’ rights and undermines We won’t stop fighting for accountability for Henry’s death. We miss him every day.” trust in the justice system, according to a report on the government’s drive towards so-called Deborah Coles, Director of INQUEST said: “Today’s decision again raises serious questions “trial by Skype”. Defendants in virtual court hearings find it difficult to hold confidential discus - about the integrity of police misconduct hearings and will further undermine confidence in the sions with their lawyers, become disconnected from remote proceedings and may be disad - mechanism for holding the police to account. It is difficult to reconcile this outcome, reached vantaged during sentencing, the study by Transform Justice suggests. The findings, which are after two days evidence of a police disciplinary panel, with the conclusions of an inquest jury disputed by the Ministry of Justice, come as the courts pursue a £1bn modernisation pro - after two weeks of evidence which came to the opposite conclusion. Policies and procedures gramme introducing online hearings for a few minor offences and extending use of video links. on police pursuits exist to safeguard lives, particularly important with the year on year rise in A vast programme of court closures around England and Wales has seen around 250 magis - police pursuit and road traffic fatalities. trates, county and crown courts closed in the past five years. INQUEST has been working with the family of Henry Hicks since before the inquest. The family There are no immediate plans for trials without a defendant being present. Some remand, is represented by INQUEST Lawyers Group members Michael Oswald of Bhatt Murphy Solicitors case management and sentencing hearings are already conducted via video links with police and Jesse Nichols of Doughty Street Chambers. • The hearing was chaired by Ms Eileen Herlihy on stations or prisons. The next stage of the programme will be remote hearings in which lawyers “PCs A B C and D”, based at Islington Borough of the Metropolitan Police Force who were granted remain in their offices while speaking via video links to clients who are in prison and to a judge anonymity. • In 2016-17 the IPCC recorded 32 road traffic fatalities involving police, an increase of in court. An internal courts and tribunal judiciary podcast on the MoJ’s virtual hearings project 11 on last year, the highest figure recorded in the last eight years. 28 of the deaths were from police contains an admission by a crown court judge, Johanna Cutts QC in Reading, of teething pursuit-related incidents, more than double the figure for last year (13). See the IPCC annual report problems with the technology when connections with those participating online kept dropping on deaths during or following police contact in 2016/17 for more information. • Our response to the out. Video links are intended to save money by doing away with the need to transport defen - latest IPCC report can be found here. We commented, “…a significant and concerning rise in the dants to and from prison frequently. They will also allow lawyers to work more efficiently from number of police pursuit related road traffic accidents. IPCC suggest that most these deaths have their chambers or offices. Transform Justice’s report, Video courts: conveyor belt justice or occurred despite police policy being followed, begging the question of how effective and safe these revolution in access?, questions official enthusiasm for virtual justice. policies are.” • There have been a number of recent misconduct hearings either clearing police or A survey of around 300 court users – including magistrates, lawyers, probation officers and charging them with misconduct, but with few repercussions: - Officers involved in the death of James defendants – found 58% of respondents thought appearing on video made it more difficult for Herbert found not guilty of misconduct. - Officers involved in the death of Olaseni Lewis cleared of defendants to understand what was going on and to participate. A large proportion, 70% of misconduct. - Officers involved in the phdeath of Adrian Macdonald found guilty of lesser charge of respondents, said it was difficult to recognise whether someone who was on video had a dis - misconduct(not gross) for failing in their duty of care. - Officers found guilty of misconduct following ability, while 74% believed that those who had no legal representation were disadvantaged by death of David Fournier D'Albe, with no further action. appearing on video. “Virtual technology inevitably degrades the quality of human interaction,” Recent court cases: - Officers found not guilty of perjury at criminal trial in relation to the the report says. “Nuances may be undetected, misunderstandings may go unnoticed more death of Kingsley Burrell. - Officers found not guilty of manslaughter following the death of easily. Empathy may be lost. “Defence counsel may find it harder to support their clients effec - Thomas Orchard. • The charges in full, as declared on the hearing notice, were as follows: - tively, and there are some indications that the technology may actually affect court outcomes.” “(e) The conduct that is the subject matter of the case and how that conduct is alleged to The report quotes an unnamed magistrate who commented that defendants on video links amount to misconduct or gross misconduct as the case may be, as set out in the notice given “appear disengaged and remote. They often give a nonchalant, poor account of themselves in accordance with Regulation 21(1) or (43(1) - It is alleged that PC A was engaged in a pur - and we are left to infer that they couldn’t care less that they are disrespectful of the court”. The suit of Henry Hicks in the area of Caledonian Road, London without authority and contrary to only recent government research on the outcomes for defendants appearing on video links in policy. This conduct is alleged to have breached the Standards of Professional Behaviour in England and Wales, according to the report, found they were more likely to receive custodial respect of ‘Orders and Instructions’. - It is alleged that PC B, while in a vehicle driven by PC sentences and less likely to be given community sentences. Video hearings reduce defen - A, engaged in a pursuit of Henry Hicks in the area of Caledonian Road, London without dants’ respect for the criminal justice system, the report maintains. “When separated by a authority and contrary to policy. This conduct is alleged to have breached the Standards of screen, defendants are more likely to shout or walk out of a hearing.” It says they are also Professional Behaviour in respect of ‘Orders and Instructions’. - It is alleged that PC C was more likely to disconnect mentally. Consultations between clients and their lawyers are sup - engaged in a pursuit of Henry Hicks in the area of Caledonian Road, London without authori - posed to be confidential but those conducted over video links are “frequently overheard by oth - ty and contrary to policy. This conduct is alleged to have breached the Standards of ers” because booths in which they are held are inadequately soundproofed. Professional Behaviour in respect of ‘Orders and Instructions’ - It is alleged that PC D, while The right to a fair trial, guaranteed under article 6 of the European convention on human in a vehicle driven by PC C, engaged in a pursuit of Henry Hicks in the area of Caledonian rights, could be put at risk if defendants do not understand the process or are not actively Road, London without authority and contrary to policy. This conduct is alleged to have engaged, the report suggests. It quotes one anonymous lawyer on a case where a judge breached the Standards of Professional Behaviour in respect of ‘Orders and Instructions’.” declined to sentence by video link. When the defendant finally came to court, the judge said 5 6 he had been inclined to impose a 10-year term but “after having a chance to see the defen - for Penal Reform, said bringing minor offenders back into prison for short periods also risked dant and his clear intellectual deficits” he reduced it to eight years. Penelope Gibbs, director trapping them in a cycle of offending. He told The Independent: “What does 14 days in prison of Transform Justice and a former magistrate, said: “Our report sounds a warning bell. If video do? What purpose does that achieve? “It is just heaping pressure on the already overcrowd - justice disadvantages disabled people and risks undermining trust in the justice system, is it ed prisons and it’s dumping people in this violent and chaotic environment then turning them worth forging ahead with trial by Skype? It’s not clear what the cash savings are and closing out into the community.” Mr Neilson added: “This is not helpful at a time when prisons are our courts will be irreversible. struggling to even put up the image that they are a safe environment.” “Modernisation and efficiency are great when they are in the interests of justice for all – It comes as one charity working to help prisoners coming out of jail said their work was being defendants, witnesses, victims and the public. Given the doubts as to whether these reforms hampered by budget cuts. Helen Attewell, chief executive of North East Prisoner Family do deliver access to justice, shouldn’t we put them on hold?” Mike Hough, a former Home Support (Nepacs), which helps prisoners and their families in the north east, said some serv - Office official and professor of criminology, said: “For most citizens, court appearances con - ices to help newly released prisoners had seen a 30 per cent cut in funding. Trustee and for - stitute rare and important moments of interaction with the power of the state. It could prove a mer local councillor, David Abrahams said: “Those living in high unemployment areas, partic - costly mistake to penny-pinch when orchestrating these moments.” In 2016/17 video links ularly throughout the former East Durham Coalfield, often aren’t able to access life’s chances were used in more than 137,000 cases in England and Wales, a 10% increase on the previ - and drift into a life of drugs and alcohol abuse.” ous year. There are now 500 video links in magistrates and crown courts. A Ministry of Justice An MoJ spokesman said: “Offenders on licence are subject to a strict set of licence condi - spokesperson said: “We are investing more than £1bn to transform and modernise our court tions and supervision on release. Those who fail to comply with their licence conditions can system. We know video hearings reduce court time, improve public safety and save money for be recalled to prison. “In 2014, we reformed our approach to probation so that for the first time the taxpayer. Video link technology is also being used to make the court process easier for ever, all offenders given a custodial sentence are given probation support and supervision on thousands of vulnerable victims and witnesses.” release. “It is therefore misleading to compare the number of recalls prior to our reforms with subsequent figures, as the number of people on probation and subject to recall is now signif - Probation Reforms Fail as Growing Numbers of Offenders Sent Back to Prison icantly higher than before.”T Lizzy Buchan, Independent: Concerns have been raised over a major shake-up of probation after new figures revealed a sharp rise in offenders being sent back to custody for breaching bail. Really Doing Hard time Official statistics show that prison recall rates have been steadily rising since 2007/08 but shot A man is suing prison authorities for £3.8 million after he was mocked by guards and not up by nearly 5,000 in 2015/16, when more than 22,400 inmates were sent back to jail. Last year treated, for a four-day erection caused by a pill he took in jail. Dustin Lance, 32, said he suf - some 21,700 people were recalled to prison. The growing use of recall has cast doubt over the fered "unbearable pain" from the 91-hour arousal and has suffered "irreparable harm to his effectiveness of the Government’s flagship probation overhaul in 2015, when supervision on penis". He was booked into Pittsburg County jail on 15 December last year and was trans - release from prison was extended to offenders serving sentences of less than 12 months. ferred to a health centre four days later. Doctors there said he needed to be seen immediate - The Ministry of Justice (MoJ) said the rise was in line with an increased number of people ly by a urology specialist, but he was instead returned to the jail. He was released later that on probation but critics said the influx of recalls could heap pressure on prisons that are strug - day and charges of burglary against him were dropped two months later. gling to cope with a toxic cocktail of drugs, violence and soaring suicide rates among inmates. Some offenders are sent back to prison for just 14 to 28 days for breaching their bail condi - HMP Wayland: Laptops Allow Prisoners to Choose Meals and Order Clothes From Their Cells tions on issues as minor as getting a taxi without permission or being late to meet their pro - Hayden Smith, Independent: Prisoners are using laptops to select meals and submit orders bation officer, according to prison reform campaigners. to the jail shop from their cells, an inspection report has revealed. Inmates at HMP Wayland Shadow justice minister Imran Hussain, who obtained the figures through a parliamentary have also been given in-cell telephones to stay in touch with relatives. The prisons watchdog question, said the “broken” probation system was making it difficult to reduce reoffending. He detailed how the jail, a category C facility in Norfolk holding nearly 1,000 men including over said: “This sharp rise in the number of prisoners being recalled to prison not only demon - 100 serving life sentences, had taken part in a “digitalisation project”. The report, from HM strates how our prisons and probation system are failing to rehabilitate people, but it is plac - Inspectorate of Prisons (HMIP), said: “These small laptop computers enabled them to take ing a severe strain on an already overcrowded prison system that is close to breaking point. responsibility for day-to-day tasks such as submitting applications, selecting meal choices and “Where prisoners have reoffended, and have committed serious licence breaches, they ordering from the prison shop, without having access to the internet. “Prisoners whose net should, of course, be recalled to prison. “But we now have a situation where far too many are book was removed for poor behaviour or who chose not to have one could access the same being recalled for minor breaches, which is further burdening prisons and destroying any services using kiosks in communal wing areas.” Since the previous inspection of the jail in progress that offenders are making in turning their lives around.” 2013, telephones had been installed into all cells, the assessment said. It added that prison - A joint report from HM Inspectorate of Probation and HM Inspectorate of Prisons last year ers were “positive about this development” but restrictions had been placed on the use of the concluded that nowhere near enough was being done to help prisoners under the privatisa - phones during the core working day in order to remove a disincentive to attend work. HMIP tion of probation services. Andrew Neilson, director of campaigns at the Howard League said: “Access to in-cell telephones and secure laptops that eased access to administrative 7 8 systems was, in our view, the way forward and an example of good practice.” The inspec - identification of victims and investigations closed prematurely. As a result, victims were being left torate described the introduction of in-cell phones as a “positive development”, helping pris - unprotected, leaving perpetrators free to continue to exploit people as commodities.” oners who were far from home to stay in touch with their families during the evenings. In one example, in January, officers entered an address believed to be used by Chinese There are also plans to introduce a limited amount of video calling from the legal visits area nationals as a brothel and arrested a 48-year-old woman on suspicion of immigration offences. later this year, the report added. There have been calls for greater use of technology behind The woman, who had no idea where she was in the UK and had no key to the premises, was bars to boost prison education programmes and the ability of inmates to stay in touch with their legally in the country and was returned to the address. On the return journey, she disclosed her families. Earlier this year a Government-ordered review proposed that some prisoners should fear of the man who ran the business, but she was left outside the property regardless. Later, be able to use video-calling technology for “virtual visits”. Opened in 1985, HMP Wayland is other officers concluded that she might be a victim of modern slavery and human trafficking, but in rural Norfolk near Thetford. At the time of the inspection visit in June, it held 951 adult males. by the time they returned the address had been vacated. The woman is now a missing person The vast majority of the prisoners were serving lengthy terms, including 105 on life sentences. and at risk of continued exploitation and trafficking. A number of frontline officers – in both urban Inspectors concluded that the jail was “very well led” and “generally respectful”, while safety and rural areas – displayed a closed mindset, the report said, with some simply dismissing mod - was improving. Searches had yielded high returns of drugs, illicitly brewed alcohol and mobile ern slavery and trafficking as being “rare and only affecting cer tain communities”. Furthermore, phone equipment. So far this year the haul of contraband seized includes over a kilo of drugs, the inspectorate found examples of officers who appeared reluctant to identify and uncover 177 mobile phones and almost 500 litres of alcohol. Chief Inspector of Prisons Peter Clarke cases of modern slavery because of the volume of complex work such cases may generate. In said: “The prison was very well led, while plans for improvement were active and substantive, many cases, victims of modern slavery and human trafficking were identified and treated from taking the prison forward in a positive direction.” Michael Spurr, chief executive of HM Prison the outset primarily as immigration offenders, the report said. That focus on immigration meant and Probation Service, said: “The Chief Inspector has commended the positive work being opportunities for gathering intelligence or developing investigations were being missed. The done at Wayland to tackle violence and drug use and to support effective rehabilitation.” independent anti-slavery commissioner, Kevin Hyland, has said the number of people living in slavery in the UK is likely to be considerably higher than the current estimate of 13,000, adding ‘Emperor's New Clothes’ - IPCC to be Renamed as IOPC the “true number is in the tens of thousands”. Cases can occur in rural and metropolitan areas, The Policing and Crime Act 2017 provides for the Independent Police Complaints from nail bars to construction sites, and involve activities from domestic servitude to the traf - Commission (IPCC), to be reformed and renamed as the IOPC. The existing Commission will ficking of children for sexual exploitation. be replaced by a single executive head of the organisation, the Director General, with corpo - In August, 11 members of a Lincolnshire family were convicted of a series of modern slav - rate governance provided by a unitary board comprising a majority of non-executive members. ery offences in a high-profile case, after forcing at least 18 victims – including homeless peo - The reforms are planned to come into effect in January 2018. Michael Lockwood will be the ple and some with learning disabilities – to work for little or no pay and live in squalid condi - first Director General of the Independent Office for Police Conduct (IOPC), part of the pack - tions for up to 26 years. The Rooney family, who were based on Traveller sites in Lincoln, tar - age of measures which will create a stronger, clearer governance framework for the police geted vulnerable people, including some with alcohol or drug addictions, and deliberately complaints and discipline systems. The Policing and Crime Act 2017 aims to make the police looked for potential captives on the streets. The police inspectorate found that a poor level of complaints system simpler and more focused on achieving the right outcomes for com - awareness and understanding of modern slavery meant victims were going unidentified and plainants. The IOPC will have new powers, which ‘supposedly’ should make them become remaining in the hands of the criminals who were making their lives miserable. During the more effective and more decisive in addressing public concerns. These include: • Power to ini - inspection, inspectors witnessed this lack of understanding first-hand when one force’s front tiate IOPC investigations without relying on a force to record and refer • Powers to determine desk turned away a “clearly identifiable victim of modern slavery” despite the individual stat - appeals and recommend remedies • A shortened process for deciding whether a case should ing he was a victim. Inspectors said they did not believe the problems with victim identification go to a disciplinary hearing and protection were rooted in prejudice towards victims and their background. However, in some cases, officers in several forces said the public were not sympathetic to Police Forces Failing to Tackle Modern Slavery in UK victims or interested in modern slavery and human trafficking unless it directly affected their Jamie Grierson, Guardian: Police forces are failing to tackle modern slavery and human traffick - lives. The public “don’t want to know about it and only see it as an issue if it affects them”, was ing because the cases are too difficult and senior officers believe the public lack sympathy for the one view expressed to inspectors. However, the inspectorate found that when uncovered victims, a highly critical report has found. Victims are not always identified and investigations are effectively, offences of modern slavery were met with concern and understanding from the closed prematurely, the report by Her Majesty’s Inspectorate of Constabulary and Fire and Rescue public. Once victims had been identified, inspectors found “substantial problems” with the way Services said. Failings in the approach left victims exposed and allowed perpetrators to continue to investigations were handled. Some officers expressed a wish to close modern slavery and exploit the vulnerable, it added. In one case, the inspectorate was told: “The public view is, they are human trafficking investigations as quickly as possible, the report said. “They told us this was not our girls.” Wendy Williams, the inspector of constabulary, said: “While modern slavery cases can partly because they did not feel equipped to handle such cases, but also because of demand - be complex and require significant manpower, many of the shortcomings in investigating these ing caseloads,” the inspectorate said. “The serious problems we encountered as part of our cases reflect deficiencies in basic policing practice. “We found inconsistent, even ineffective, review of case files supports the view that officers in some forces seek to close these 9 10 cases quickly rather than investigate them properly.” Senior officers in the forces inspect - It was also revealed that Ms May in 2015 wanted to use data from immigration checks to ed by the police inspectorate openly expressed a reluctance to “turn over the stone” and penalise children living in the country illegally in school admissions decisions, but was blocked. proactively look for modern slavery and human trafficking offences, the report said. Inspectors Arrangements also exist between the Home Office and the Department for Work and Pensions and did find “some welcome signs of progress” among the 10 police forces inspected at the begin - HM Revenue & Customs, Liberty said, but are shrouded in secrecy. The Government has boasted ning of 2017. Greater Manchester police were singled out for praise. that the bill will make data protection laws “fit for the digital age” and “empower people to take con - But the inspectorate said positive examples were “generally relatively small pockets of good trol of their data”. But paragraph 4 schedule 2 removes privacy rights for “the maintenance of effec - practice, or recent first steps”. The National Police Chiefs’ Council lead for modern slavery, Chief tive immigration control” or “the investigation or detection of activities that would interfere with effec - Constable Shaun Sawyer, said the inspection ended in April when specialist teams came into tive immigration control”. A Government spokesman said making data rules “fit for the digital age” operation to help improve the response by forces to modern slavery. “The police service is now involved “ensuring we support our criminal justice agencies and national security organisations”. actively seeking out and uncovering modern slavery. Across England and Wales there are cur - “The provisions in the Data Protection Bill will ensure, that while people’s rights relating to data are rently over 400 active investigations – an increase of 218% from November 2016, 85% of which protected, day-to-day operations relating to immigration controls are not obstructed and individual are led by the police,” he said. “The policing challenge ahead is considerable, but we are com - rights are balanced against the wider interests of society,” he added. mitted to building on our achievements and improving our approach so we consistently safe - guard victims and crack down on those who make profit from people.” Prison Investment to Fund Body Cameras and 'Incapacitant Spray' BBC News: Plans for a £3m investment in prisons in England and Wales will make the sys - Government to Give Itself Power to Spy on People’s Details for ‘Immigration Control’ tem safer, the government has said. The Ministry of Justice said the money would include £2m Rob Merrick, Independent: Outrage over 'two-tier, racially discriminatory' clause which would strike for 5,600 body-worn cameras, giving all prison officers access to the devices, and £1m for out data privacy rights in immigration investigations. New laws will give the Home Office the power police-style handcuffs and restraints. Four prisons will also trial the use of incapacitant spray to snoop on the personal data of millions of people for “immigration control”, campaigners are warn - to subdue armed prisoners safely. The Prison Officers Association said the measures were ing. A little-noticed clause smuggled into data protection legislation creates an exemption to privacy "long overdue". It comes after an investment in 24-hour patrol dogs, CCTV cameras, mobile rights for immigration investigations. The civil rights group Liberty has condemned the threat of “two- phone detection technology, and metal detectors - as well as 1,290 extra prison officers - tier, racially discriminatory” rules – demanding that Parliament overturn the move. designed to combat an "influx of violence" in prisons, the MoJ said. Without a fightback, millions of migrants could have their personal information “corrected or 'Transforming Prisons' - The MoJ said the body-worn cameras would "act as a visible deter - erased” without knowing “who is processing their data, which data is being processed and rent against violence" and would "assist in prosecutions against those who commit crimes in why”, it warned. And the exemption is so broad that it could affect “volunteers running night jails". The roll-out follows a successful trial of cameras in 22 institutions across the country, as shelters or food banks, or British citizens trying to access health services or education”. Liberty well as their adoption by the Metropolitan Police. "The new restraints will reduce the need for suggested it had been inserted to allow the Home Office to more closely monitor EU nation - staff to use physical holds to control aggressive prisoners, improving safety for both staff and als granted residency rights after Brexit. prisoners," the MoJ added. Sam Gyimah, the prisons minister, said: "This latest investment Martha Spurrier, the group’s director, said: “Even from a Government with a track record of underlines our commitment to transform our prisons into places of safety." fostering division and sanctioning discrimination, this is a particularly brazen expression of how 'Need to do More' - The plans were "welcomed" by the Prison Officers Association, low they will go to bring border control into our everyday lives, no matter the cost. “The which described them as "long overdue". It said new restraints were "essential" for mak - Government can’t be allowed to sneak this nakedly racist provision onto our law books. We ing prisons safer but that the measures did not go far enough and more needed to be urge the Lords to take it out of the bill.” And Satbir Singh, the chief executive of the Joint Council done to reduce violence. Cameras and restraints should be made available as quickly as for the Welfare of Immigrants, said: “Why should migrants be denied the right to have their infor - possible, but the best way to make prisons safer would be to reduce populations, control mation processed lawfully, fairly and transparently? “Bank accounts can be frozen, people can overcrowding and recruit more prison officers. be denied healthcare or a place to live based on errors that will never be corrected.” A previous attempt to link data privacy to immigration control was defeated in the 1983 after Hostages: Wang Yam, Andrew Malkinson, Michael Ross, Mark Alexander, Anis Sardar, Jamie Green, a similar outcry, the groups pointed out. The clause, in the Data Protection Bill, appears to be Dan Payne, Zoran Dresic, Scott Birtwistle, Jon Beere, Chedwyn Evans, Darren Waterhouse, David Norris, the latest attempt to step up what Theresa May, as Home Secretary, promised would be a Brendan McConville, John Paul Wooton, John Keelan, Mohammed Niaz Khan, Abid Ashiq Hussain, Sharaz Yaqub, David Ferguson, Anthony Parsons, James Cullinene, Stephen Marsh, Graham Coutts, Royston Moore, “hostile environment” for migrants. The NHS is required to release information about people Duane King, Leon Chapman, Tony Marshall, Anthony Jackson, David Kent, Norman Grant, Ricardo Morrison, suspected of breaking immigration rules, allowing thousands of people to be trace every year. Alex Silva,Terry Smith, Hyrone Hart, Glen Cameron,Warren Slaney, Melvyn 'Adie' McLellan, Lyndon Coles, And there was uproar when it was revealed that schools are recording every pupil’s country Robert Bradley, John Twomey, Thomas G. Bourke, David E. Ferguson, Lee Mockble, George Coleman, Neil Hurley, Jaslyn Ricardo Smith, James Dowsett, Kevan & Miran Thakrar, Jordan Towers, Patrick Docherty, of birth, turning school administrators into “border guards”, it was claimed. The Department for Brendan Dixon, Paul Bush, Alex Black, Nicholas Rose, Kevin Nunn, Peter Carine, Paul Higginson, Thomas Education passed on details of 1,500 children a month for immigration enforcement, before Petch, Vincent and Sean Bradish, John Allen, Jeremy Bamber, Kevin Lane, Michael Brown, Robert Knapp, William Kenealy, Glyn Razzell, Willie Gage, Kate Keaveney, Michael Stone, Michael Attwooll, John Roden, Nick the Home Office was forced to end the arrangement. Tucker, Karl Watson, Terry Allen, Richard Southern, Jamil Chowdhary, Jake Mawhinney, Peter Hannigan. 11