PRISON SERVICE JOURPRISON SERVICE NAL JOUR NAL January 2013 No 205 This edition includes: 45991 Kizza Musinguzi Developing a Measure of the Quality of Life in Detention Dr Mary Bosworth and Dr Blerina Kellezi Desperation, Displacement and Detention: Australia’s Treatment of Asylum Seekers Past and Present The Hon Judi Moylan MP The changing approach to child detention and its implications for immigration detention in the UK Hindpal Singh Bhui ‘The right to walk the streets’: Looking for illegal migration on the streets and stations of the UK and Germany Lea Sitkin Special Edition Migration, Nationality and Detention Contents 2 Editorial Comment Purpose and editorial arrangements Kizza Musinguzi BEng (Hons) 45991 4 The Prison Service Journal is a peer reviewed journal published by HM Prison Service of England and Wales. PGCE is a physics teacher at a Kizza Musinguzi secondary school in London. Its purpose is to promote discussion on issues related to the work of the Prison Service, the wider criminal justice system and associated fields. It aims to present reliable information and a range of views about these issues. The editor is responsible for the style and content of each edition, and for managing production and the Karen Abdel-Hady is Deputy 8 Interviews: Karen Abdel-Hady and Jo Henney Director, Head of Detention Journal’s budget. The editor is supported by an editorial board — a body of volunteers all of whom have worked Operations, Returns Directorate, Enforcement and Crime Group, for the Prison Service in various capacities. The editorial board considers all articles submitted and decides the out - UKBA. Jo Henney is Centre Manager line and composition of each edition, although the editor retains an over-riding discretion in deciding which arti - of IRC Harmondsworth, run by GEO. cles are published and their precise length and language. Dr Mary Bosworth is a Reader in 10 Developing a Measure of the Quality of Life Criminology at the University of Oxford and Dr Blerina Kellezi is a in Detention From May 2011 each edition is available electronically from the website of the Centre for Crime Research Fellow and Study Dr Mary Bosworth and Dr Blerina Kellezi Coordinator in the Faculty of and Justice Studies. This is available at http://www.crimeandjustice.org.uk/psj.html Medicine and Health Sciences at the University of Nottingham. Circulation of editions and submission of articles The Hon Judi Moylan MP (Liberal 16 Desperation, Displacement and Detention: Six editions of the Journal, printed at HMP Leyhill, are published each year with a circulation of approximately Party) was elected to the Australian House of Representatives in 1993. Australia’s Treatment of Asylum Seekers Past 6,500 per edition. The editor welcomes articles which should be up to c.4,000 words and submitted by email to She is currently the Deputy Chair of and Present the Standing Committee on Social [email protected] or as hard copy and on disk to Prison Service Journal , c/o Print Shop Manager, 1 The Hon Judi Moylan MP Policy and Legal Affairs . HMP Leyhill, Wotton-under-Edge, Gloucestershire, GL12 8HL. All other correspondence may also be sent to the Editor at this address or to [email protected] . Footnotes are preferred to endnotes, which must be kept to a minimum. All articles are subject to peer Hindpal Singh Bhui is Inspection 23 The changing approach to child detention and its Team Leader, HM Inspectorate of review and may be altered in accordance with house style. No payments are made for articles. Prisons. implications for immigration detention in the UK Hindpal Singh Bhui Subscriptions The Journal is distributed to every Prison Service establishment in England and Wales. Individual members of staff need not subscribe and can obtain free copies from their establishment. Subscriptions are invited from other Lea Sitkin is a DPhil student at the 29 ‘The right to walk the streets’: Looking for illegal Centre for Criminology, University of individuals and bodies outside the Prison Service at the following rates, which include postage: Oxford. migration on the streets and stations of the UK and Germany Lea Sitkin United Kingdom single copy £5.00 one year’s subscription £25.00 (organisations or individuals in their professional capacity) Dr Jamie Bennett (Editor) Editorial Board Alan Longwell £18.00 (private individuals) Governor HMP Grendon & Springhill Guest Editors Northern Ireland Prison Service Paul Addicott Dr Mary Bosworth (University of Oxford) William Payne HMP Pentonville Hindpal Singh Bhui (HM Inspectorate of Prisons) Business Development Unit Dr Rachel Bell Dr David Scott Overseas HM & YOI Holloway University of Central Lancashire Maggie Bolger Steve Hall Dr Basia Spalek single copy £7.00 Prison Service College, Newbold Revel SERCO University of Birmingham Alan Constable Dr Karen Harrison Christopher Stacey one year’s subscription £35.00 (organisations or individuals in their professional capacity) HMP Winchester University of Hull Unlock Dr Ben Crewe Professor Yvonne Jewkes Ray Taylor £25.00 (private individuals) University of Cambridge University of Leicester HMP Pentonville Paul Crossey Dr Helen Johnston Dr Azrini Wahidin HMYOI Portland University of Hull Queens University, Belfast Orders for subscriptions (and back copies which are charged at the single copy rate) should be sent with a Eileen Fennerty-Lyons Martin Kettle Mike Wheatley North West Regional Office HM Inspectorate of Prisons Directorate of Commissioning cheque made payable to ‘HM Prison Service’ to Prison Service Journal , c/o Print Shop Manager, HMP Leyhill, Dr Michael Fiddler Monica Lloyd Ray Hazzard and Steve Williams University of Greenwich University of Birmingham HMP Leyhill Wotton-under-Edge, Gloucestershire, GL12 8BT. Prison Service Journal Issue 205 Issue 205 Prison Service Journal January 2013 34 The maze of immigration detention in Greece: a Andriani Fili is a sociologist working for Medical Intervention in Athens case study of the Athens airport detention facility. and a Research Associate at Andriani Fili the Centre for Criminology, University of Oxford. 39 Sentencing in immigration-related cases: the Dr Ana Aliverti is a Howard League Postdoctoral Fellow, at the Centre for impact of deportability and immigration status Criminology, University of Oxford. Dr Ana Aliverti 45 Double Punishment: The treatment of foreign Francesca Cooney is the Advice and Information Manager for The Prison national prisoners Reform Trust. Francesca Cooney 52 Assisting Dutch Nationals Imprisoned Abroad Femke Hofstee-van der Meulen is Inspector of prisons at the Dutch Femke Hofstee-van der Meulen Inspectorate of Security and Justice. 57 Book Review Ray Taylor is a prison officer at HMP Foreign national prisoners: law and practice Pentonville in London. Ray Taylor 57 Book Review Dr Jamie Bennett is Governor of Racial criminalisation of migrants in the HMP Grendon and Springhill. 21st century Dr Jamie Bennett Cover design by Stephen Williams, HMP Leyhill. The Editorial Board wishes to make clear that the views expressed by contributors are their own and do not necessarily reflect the official views or policies of the Prison Service. Printed at HMP Leyhill on 115 gsm Satimat 15% Recycled Silk Set in 10 on 13 pt Frutiger Light Circulation approx 6,000 ISSN 0300-3558 „ Crown Copyright 2013 Issue 205 Prison Service Journal 1 Editorial Comment The imprisonment and detention of foreign Bosworth and Blerina Kellezi discuss emerging findings nationals has increased substantially in recent years. from their MQLD (‘Measuring the quality of life in Immigration detention places have grown twelve-fold detention’) survey conducted in several immigration in the last 20 years, while the number of foreign centres. A key finding is the exceptionally high level of national prisoners has more than doubled. Currently, depression reported by detainees. Both staff and around 11,000 foreign nationals are held in English and detainees identified the open-ended nature of Welsh prisons, including around 600 immigration immigration detention and the cumbersome detainees. An additional 3,000 people, many with no immigration decision-making process as factors criminal record, are placed in immigration removal contributing substantially to such feelings. centres1. A broader perspective is taken by Judi Moylan, an Many prison staff will be aware of the stress and Australian member of parliament with a long-standing uncertainties foreign national prisoners experience as interest in her country’s approach to immigration they near the end of their sentence. They are often control. Her paper illustrates the strongly politicised confused about what is going to happen to them next nature of immigration control, as she narrates the and, if they are detained, they enter a kind of limbo. evolution of immigration debate from an unabashed They are neither in the country nor out, unsure whether ‘White Australia’ policy to current concerns about the they will be released or removed, or when they will see number of people who continue to arrive, and die, in progress on their cases. The contrast with the generally boats. She discusses the use of off-shore detention and rigid certainties of ‘normal’ prison life is stark as the fact that a thousand children continue to be people’s lives become dominated by attempts to detained in Australia, contrary to the country’s own navigate a complex immigration system, often with guidelines and international law. inadequate specialist advice. This edition aims to Three years ago, it was not uncommon for the UK broaden understanding of detention in the UK and also to detain 1000 or more children a year. There has abroad, with articles exploring life in detention and the been a substantial reduction in numbers since, mainly politics of immigration control in the UK and abroad. as a result of a change of policy by the coalition The edition is framed by Kizza Musinguzi’s government. Hindpal Singh Bhui critically assesses absorbing personal account, a man detained (as it turns contemporary child detention practices in the UK in out, unnecessarily) after fleeing persecution in his home light of this, arguing that the new and substantially country.