Why does it ‘This is take so long? NOT me’ Challenging wrongful The reality of prison is convictions is not suited on the other side of the to those who demand fence, with the people Scottish instant results, says that have no choice ... the National Newspaper for Prisoners & Detainees independence Paul May the family How would the UK pages ............... 32-33 page ...................... 38 A ‘not for profit’ publication / ISSN 1743-7342 / Issue No. 183 / September 2014 / www.insidetime.org fare without Scotland? An average of 60,000 copies distributed monthly - Independently verified by the Audit Bureau of Circulations EDUCATION SUPPLEMENT INSIDE plus over 450,000 monthly online readership - Independently verified using SMARTER STATS page ...................... 13 There is no crisis! Chris Grayling, the Justice Secretary, told Radio 4’s Today Programme ‘I am absolutely clear there is not a crisis in our prisons’ Eric McGraw population increase was caused largely by a growth in the remand population. hese are Mr Grayling’s first comments on prisons since a recent run of reports Nick Hardwick, the Chief Inspector of Prisons, highlighting overcrowding, violence says that prison numbers are rising while there and suicides. He also told Parlia- is a severe staff shortage and the curriculum ment some weeks earlier that there inside prisons is all but non-existent. And Twas no overcrowding. Everyone else seems to Nigel Newcomen, the Prisons and Probation know that Britain’s prisons are full to bursting. Ombudsman, adds that the poor conditions At the end of March this year, 77 of the 119 in prisons are contributing to a growing prisons in England and Wales were overcrowded. number of prison suicides - 88 last year in In some jails overcrowding has, in fact, become England and Wales, up from 52 in 2012-13. especially severe. The population of Swansea prison is 186 per cent of the prison service’s There are, however, signs of some new measure of the number that can be held in safe thinking. Senior Republican sources in the and decent accommodation. Kennet, Lincoln, United States acknowledge that the American Wandsworth and Leicester jails all hold more Right needs to end its fixation on putting than 170 per cent at the same threshold. people behind bars as a first resort for non-vi- olent crimes. Their point is not that prison The prison population has kept on increasing does not work but that it is essential to now - there are 1,500 more people in prison this ask the question: ‘Works to do what?’ year than there were last - even though crime is reported to be at the lowest level in 30 years. Most will agree that this is an essential question for the world’s biggest incarcerator The Justice Secretary did acknowledge that of some 2.5 million people but is also an there were staff shortages in certain prisons essential question for England and Wales [30 per cent officer cuts in three years] and which has more prisoners per 100,000 people that there had been an unexpected increase than any other country in Western Europe Synergy Theatre Project performed Den of Thieves in HMP Brixton with a cast in the number of sex offenders after the and almost twice that of Germany. of prisoners. The play is written by Stephen Adly Guirgis. It was directed by Jimmy Savile scandal. The latest Ministry of Esther Baker in front of Governor Ed Tullett and a large audience from beyond Justice figures, however, show that in the 12 Learning lessons to reduce suicides in prison the walls. Rachel Billington reports on an exciting theatrical event. See page 18 months up to June this year the prison Nigel Newcomen, Ombudsman Page 20 Crime, Appeals Prison Law Extradition The country’s leading experts in serious, complex and high profile cases. Services Offered Under Legal Aid Fixed Fees (from £150.00) Legal advice and assistance at any stage We have represented clients on some of the most complex and high profile crime and HDC and Appeals ‹ cm ‹ appeals cases in recent years including: - European Arrest Warrant NJGD>D OJMN R v Barry George (Jill Dando case), Oral Hearings Re-cat Reviews (EAW) experience R v Levi Bellfield (Milly Dowler case) Pre-tariff Lifer & IPP Reviews International extradition IPP and Lifer Post Tariff EMAP proceedings Reviews ROTL We are experts in all areas of crime including. Independent Adjudication Sentence Plan Other Services Rape, Robbery, Murder, Fraud, Proceeds of Crime, Drug Matters, Burglary, Assault Sentence Calculation Medical Negligence Specialising in cases before the Court of Appeal and the CCRC. Access to Offending Behavioural Personal Injury Re-call Work Famil y POCA Challenging Licence Conditions Wills Registered with Years of experience in Proceeds of Crime Applications › › Dedicated prison law hotline: 0161 833 9253 Manchester Office: 13 St John Street, Manchester, M3 4DQ Website: www.cmsolicitors.co.uk where lients atter All other enquiries: 0800 1 444 111 London Office: 15 Old Bailey, London, EC4M 7EF Video link: Nationwide service If you would like to contribute to Mailbag, please send your letters (including your name, number Insidetime September 2014 2 Mailbag and prison) to ‘Mailbag’, Inside Time, Botley Mills, Botley, Southampton, Hampshire SO30 2GB. www.insidetime.org insidetime Star Letter of the Month a voice for prisoners since 1990 Congratulations and a £25 cash prize for this month’s Star Letter. the national newspaper for prisoners published by Can you please change our property records Inside Time Limited, a wholly owned subsidiary of Some useful legal The New Bridge Foundation, founded in 1956 to as appropriate?’ create links between the offender and the community. rulings in prison law Inside Time is wholly responsible for its editorial content. ..................................................... All prisoners should read the PSI on property Comments or complaints should be directed to the to familiarise themselves with their rights Managing Editor and not to New Bridge. ALI - HMP BELMARSH and correct procedures. A very common practise is for staff to take items after a cell a © There are some very important legal rulings not clearance that are not listed on your property Knife amnesty? profit Board of Directors which I would like to inform my fellow card. You can get this property back if you publication4 prisoners of because we now do not get legal claim it via Request/Complaint provided no Don’t make me laugh! aid in order to fight our cases. one else also claims the property. Always ..................................................... Trevor Grove - Former Editor Sunday Telegraph, make your claim at the earliest opportunity. Journalist, Writer and serving Magistrate. 1) Gorgham v Home Office, 26-7-2007, SCOTT MILLARD - HMP RYE HILL John Carter - Former international healthcare Peterborough County Court. Via negligence Another very useful ruling is Kevan Thakrar v company Vice-President. under Article 1 - the judge ruled that 7 days Secretary of State for Justice, Judge Hickman I’ve been reading about this silly knife Geoff Hughes - Former Governor, Belmarsh prison. is ample time for a prison to issue a prisoner Eric McGraw - Former Director, New Bridge 26-9-2013. Key points include - items such amnesty and I’d just like to ask the police with his property after a transfer. The judge (1986-2002) and founder of Inside Time in 1990. as protein and toiletries are not regarded as ‘who are you trying to kid?’ The picture shows John D Roberts - Former Company Chairman and awarded £10 for every week after the first 7 days. ‘perishable’. If your canteen items are taken a big old box of rusty bladed implements of all Managing Director employing ex-offenders. after a cell search or clearance you can claim Louise Shorter - Former producer, BBC Rough 2) Wilson v Home Office, 1994, Central London descriptions, most of which look as though for them provided they were unopened or Justice programme. County Court. Via negligence - if a prisoner is they have been mouldering in the back of a © a © removed from his property, i.e. via segrega- would not go off. You can claim for items such Alistair H. E. Smith B.Sc F.C.A. - Chartered garden sheds since World War II. One of the Accountant,not Trustee and Treasurer,not New Bridge tion, without a chance to secure his property as family photographs and there is also an profit profit tools I saw at the top of the box was a hand Foundation.4 publication4 explanation in the case about when you are service in cell, laundry, etc, then the prison is liable for any items that are listed on the property entitled to aggravated and exemplary damages. saw, usually used for cutting tree branches, card but subsequently are lost/missing. and I just think - ‘Come on, what good would If you handle the claim yourself you can charge that have been in a knife fight! ‘ Have you ever The Editorial Team © a 3) Leonard Cartell v Home Office (HMP in the claim for costs. This includes the time heard of groups of teens (at whom this not Frankland governor) Claim No 6DH02489 profit you spend in pursuing the claim, at a rate of amnesty is supposedly aimed) hanging organisation4 - the judge ruled that a gift under law is £18 per hour. This also includes time spent around shopping centres brandishing hand legal. And no permission is required from completing forms, letters to court, reading prison staff or governor to make a gift in PSIs, law books, etc. See Section A of the saws? These amnesties are just a con and a English law and prison law cannot supersede Civil Procedures Rules 1998, and Practise farce. Can you really see gangs of thugs and that.