Prisoners' complaints

If a prisoner has a complaint about something to do with prison life, initially, he should  take it up with the prison itself.

The prison service has its own complaints procedure, which is governed by PSI 02/2012. The PSI can be found here: http://www.justice.gov.uk/offenders/psis/prison-service-instructions-2012

PSI 02/2012, 1.3 explains:

"An effective system for dealing with prisoner complaints underpins much of prison life.   It helps to ensure that the Prison Service meets its obligation of dealing fairly, openly and humanely with prisoners.  It also helps staff by instilling in prisoners greater confidence that their needs and welfare are being looked after, reducing tension and promoting better relations.  A prison’s equilibrium is more likely to be maintained if prisoners feel they have an accessible and effective means of making a complaint, an outlet for their grievances and confidence that their complaints will be considered properly, with reasons given for decisions."

PSI 02/2012, 1.6 states that this policy relating to complaints is:

"...to ensure that staff can devote more attention to providing quality replies. Time invested in providing full and meaningful replies will pay off later, as the prisoner is more likely to be satisfied with the response and therefore less likely to take the matter to further stages.   This will apply particularly where the complaint is not being upheld; even if a prisoner does not get the answer they hoped for, a proper explanation of the reasons will reduce the likelihood of the matter being taken further."

When do prisoners become informed of the complaints system?

Prisoners must be informed about the complaints procedures during the ‘early days’ stages of their time in custody (PSI 02/2012, 2.1.2).

What are the correct forms to be used when making a written complaint?

• Form COMP 1 is for complaints and;
• Form COMP 1A is for appeals.

These forms should be readily available in the prison.

If a prisoner has a complaint about the way an adjudication was conducted, should he use the complaints system (i.e Form COMP 1 and COMP 1A)?

No. If an individual wishes to review an adjudication decision, the policy which applies is PSI 47/ 2011.

Can individuals be punished for complaining?

Not lawfully. PSI 02/2012, 2.1.1 specifically provides for this:

"It is a fundamental principle of any complaints system that it should be easy to make a complaint. All prisoners should know how to make a formal complaint and have ready access to the means to do so. Complaint forms must be made freely available to prisoners on the wing near the place where the box for the receipt of completed forms is situated. Prescribed complaint forms, for ordinary complaints (Form COMP 1) and appeals (Form COMP 1A) must be available. Complaint boxes must be located in a prominent position, but not directly outside wing offices. Complaint boxes must be emptied daily (excluding weekends and public holidays) by a designated member of staff who is not a residential officer on the wing."

Is there a time limit for making a complaint?

Complaints should normally be submitted within three months of the incident or circumstances which give rise to the complaint, or the date on which they became known to the prisoner (PSI 02/2012, 2.1.4). There is some room for complaints made outside this limitation period to be considered, however, the circumstances must be exceptional. Exceptional circumstances include if there is a good reason for the delay, or if the subject matter of the complain is to serious that overriding the time limit is justifiable.

Can an individual make a complaint in a language other than English?

Yes. PSI 02/2012, 2.1.5 provides:

"Prisoners who do not have a good grasp of the English language may be allowed to submit a complaint in their own language if they wish. The complaint, the reply and any subsequent stage may require translation, which will necessarily take longer than normal. Complaint forms and the short and long version text leaflets for prisoners are available on the Intranet in 19 foreign languages."

If a prisoner is frightened about repercussions, can he make a complaint in confidence?

Yes. PSI 02/2012, 2.1.7 states:
   
"The ordinary and confidential access complaint forms also include a box for the prisoner to tick if the complaint is about violence, including threats or intimidation."

Can prisoners complain about members of staff?

Yes. 

How should responses to complaints be?

Responses must address the issues raised in the complaint. PSI 02/2012, 2.2.1 says:

"Complaint responses must address the issues raised.   The answer is being given on behalf of NOMS, and not simply from the individual who is replying or their functional area.   The complaint must therefore be answered by someone who is capable of providing an adequate and meaningful reply, and others must be consulted before replying where necessary."

Furthermore, PSI 02/2012, 2.2.4 expressly states that responses should always be:

• polite, and as positive as possible in the circumstances;
• legible and take account of any individual needs of the prisoner;
• based on accurate and up-to-date information.

and responses should avoid being:

• abrupt or confrontational;
• rushed without adequate investigation;
• vague or dismissive.

What happens if the complaint is upheld?

The problem must be put rectified and where necessary consideration must be given as to whether an apology is appropriate.

What if a complaint is not upheld?

The prisoner must be given an explanation of the reason for not upholding it.

Can a prisoner appeal an answer given in response to the complaint?

Yes, using the Form COMP 1A. This should be submitted within 7 calendar days of the prisoner having received the initial response. Prisoners must receive a response to their appeal within 5 working days of the appeal being logged.

Are there any other ways to "appeal" or otherwise remedy a response to a complaint?

Yes.

Civil actions against the National Offender Management Service: individuals considering any form of legal action should consult a solicitor.

Judicial Review: as above, if a prisoner wants advice as to whether Judicial Review would be appropriate, he should consult a solicitor.

Private prosecutions: most prisoners will have been prosecuted by way of a public prosecution. After being charged at the police station, an information or charge will have been laid before a magistrate. The prosecution will then have been taken out of the police officer's hands and taken over by the Crown Prosecution Service. A private prosecution, on the other hand, is a prosecution which is commenced by a private citizen who may apply to the court himself for a summons to commence the proceedings.

Petitions to the Queen: every subject of the Queen has constitutional right to petition the Queen. All prisoners, whether British subjects or not, should be allowed to petition the Queen if they wish. A petition to the Queen should normally be written on letter paper and should be submitted to the Deputy Director of Custody. If the prisoner insists on sending it direct to the Queen, he or she should be allowed to do so. Further information about petitions to the Queen can be found here: http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/nationalityinstructions/nisec1prosec/petitionstothequeen?view=Binary
   
Petitions to Parliament: every prisoner is entitled to petition Parliament. This can be done through a Member of Parliament.
    
The Criminal Cases Review Commission: the CCRC is responsible for investigating suspected miscarriages of criminal justice in England, Wales and Northern Ireland.  It is a last resort, therefore it cannot normally consider any case until it has been through the appeal system.  Prisons should hold  information on the CCRC and to how to apply. 
   
The Criminal Injuries Compensation Authority: the CICA considers applications for payments of compensation from applicants who have sustained injury directly attributable to a crime of violence.

   
European Court of Human Rights: A prisoner or his or her representative may submit an application to the European Court of Human Rights concerning any aspect of his or her treatment in prison.  The Court will not generally deal with an application until a prisoner has exhausted the available domestic remedies, therefore all other avenues of appeal must be considered first. Application packs can be found here: http://www.echr.coe.int/ECHR/EN/Header/Applicants/Apply+to+the+Court/Application+pack/

Civil actions against prison governors, the Parole Board, Probation Trusts and the Secretary of State for Justice

In the context of prison law, decisions made by the following may impact upon individuals' lives in such a way that those affected may seek some form of civil remedy:

• Prison governors;
• The Parole Board;
• Probation Trusts (of which there are 35);
• The Secretary of State for Justice (who is responsible for the decisions of prison governors).

What remedies can a prisoner seek against these bodies?

An individual who has been affected by a decision, action or failure to act by a  public authority, such as those mentioned above, may make an application for "Judicial Review". Judicial Review is a procedure  which may provide a remedy to the individual if it is found that the authority in question acted unlawfully in some way.

Judicial Review procedure in the context of prison law will be discussed in more detail in a subsequent post.

How can a decision be unlawful?

There are four main ways in which a decision can be unlawful:

• If it is illegal, e.g if the body has made a decision it did not have the legal power to make;
• If it is unreasonable;
• If it is procedurally unfair;
• If there has been a breach of human rights.

Examples of issues which may give rise to claims against prison governors

• If the prison conducted an adjudication incorrectly.
• If the prison refuses to categorise the prisoner in a lower security category.
• If the prison refuses the prisoner access to his legal papers.
• If the prison refuses the prisoner access to offending behaviour courses.
• If the prison refuses to change the prisoner's status with regards to Incentives and Earned Privileges.

Examples of issues which may give rise to claims against the Parole Board

• If the Parole Board refuse to recommend release, and the decision making process which led them to that conclusion was conducted in an unlawful manner.
• If the Parole Board refuse to afford a prisoner an oral hearing.

Examples of issues which may give rise to claims against the Secretary of State for Justice

• If a prisoner has been classified as High or Exceptional Escape Risk.
• If a prisoner has been recalled to custody following release on licence.

When might an individual chose to apply for Judicial Review in respect of a decision?

If he has exhausted all avenues of appeal and there is no other remedy for him to pursue.

What are the limitations to Judicial Review?

The application must be brought as soon as possible, and in any event, within 3 months of the decision being made.

Judicial Review is not concerned with the merits of the decision itself. Judicial Review merely examines the way in which that decision was made.

Judicial Review is not an appeal. An appeal is a challenge to the outcome of a case or decision. A Judicial Review is a challenge as to how the decision was made (the decision making process itself).

What happens if an application for Judicial Review is successful?

If the court finds that the body has acted unlawfully, it may:

•     issue a mandatory order (an order requiring the body to do something);
•     issue a prohibiting order (an order preventing the body from doing something);
•     issue a quashing order (an order quashing the body's decision);
•     make a declaration;
•     award damages (compensation).

After the Judicial Review, the body may make exactly the same decision again, since Judicial Review is concerned with the decision making process rather than the decision itself. However, as the body's decision making process has been scrutinised, they are more likely to make a lawful decision the second time around.

Can I get compensation?

Perhaps, although it is rare. The court may think that one of the other remedies is more appropriate. If, however, an individual's human rights have been infringed, the court may be more likely to award damages.

Where do Judicial Reviews take place?

In the High Court.

I'm in prison: will I have to go to court if the Judicial Review goes to an oral hearing?

The initial stage in the Judicial Review procedure involves an "application." Applications for Judicial Reviews are conducted "on the papers." This means that your barrister will draft the legal argument for your Judicial Review on paper along with a statement of facts about your case. At this stage, oral hearings are not usually necessary. The judge will then decide whether or not to "grant permission." If permission is granted, the case then goes to a full hearing. A prisoner's attendance would not normally be required since Judicial Review is essentially legal argument rather than, for example, a criminal trial where witnesses are required to give evidence as to issues of fact. If, however, a prisoner would like to watch the hearing, he should ask his solicitor to look into the possibility of video link.

I'm in prison and I want to pursue a Judicial Review. What should I do?

If  a prisoner is thinking about applying for Judicial Review, he should seek legal advice from a solicitor who specialises within this field.

Civil actions against the police

What is a civil action?

A civil action is any legal action that is not a criminal action. Individuals may commence civil proceedings against the police with a view to getting compensation. To commence civil proceedings to get compensation is known is everyday language as "suing".

When might an individual have a civil action against the police?

An individual may have a cause of action against the police if the police act outside their powers. For example:

• If the arresting officer did not have reasonable grounds for the arrest;
• If an individual was falsely imprisoned by the police;
• If an individual was assaulted by a police officer;
• If the officer used excessive force when restraining the individual.

When does an individual not have a cause of action against the police?

Even if an individual is subsequently acquitted in respect of a charge, he is not automatically entitled to seek compensation from the police. In order for an individual to have a claim, there must be some element of misconduct in the way the police behaved.

What does not constitute misconduct?

The police have a right to use reasonable force whilst executing their duties. Therefore, if a police officer has used force against an individual, this will only amount to misconduct if the force was unreasonable.

What is a malicious prosecution?

A malicious prosecution is the prosecution of an individual without honestly believing that the individual committed the offence.

 What should I do if I want to pursue a civil action against the police?

An individual seeking to pursue a civil action against the police should seek legal advice from a solicitor who has expertise in this area.

What is the Independent Police Complaints Commission?

The Independent Police Complaints Commission ("IPCC") is an independent body which deals with the system of complains against the police in England and Wales. 

Information about the IPCC, including how to pursue a complaint against the police can be found here: http://www.ipcc.gov.uk/en/Pages/default.aspx

It should be noted that if an individual wishes to make a complaint regarding police misconduct, it must be done within 12 months.

How should the police behave?

First and foremost, the police should behave lawfully. The primary piece of legislation which sets out the law relating to police powers is the Police and Criminal Evidence Act 1984 ("PACE"), which can be found here: http://www.legislation.gov.uk/ukpga/1984/60/contents

To supplement PACE, there are various "Codes of Practice" which stipulate in detail how the police should behave:

• Code A deals with the police's powers of stop and search;
• Code B deals with the police's powers when it comes to the search of premises;
• Code C deals with the police's powers when detaining individuals, including how they should treat and question suspects.

Code A can be found here: http://www.homeoffice.gov.uk/publications/police/operational-policing/pace-codes/pace-code-a-2011
Code B can be found here: http://www.homeoffice.gov.uk/publications/police/operational-policing/pace-codes/pace-code-b-2011
Code C can be found here: http://www.homeoffice.gov.uk/publications/police/operational-policing/pace-codes/pace-code-c-2012

These Codes must be readily available at all police stations for consultation by police officers, detained persons and members of the public.

The Police Code of Conduct

The police also have a code of conduct which can be accessed here: http://webarchive.nationalarchives.gov.uk/+/http://www.homeoffice.gov.uk/documents/police-code-consultation2835.pdf?view=Binary The code stipulates the professional standards by which the police should adhere to.

Category A prisoners

The last post discussed the categorisation of adult males in prison. This post specifically deals with Category A prisoners.

The PSI which contains provisions for the policy and treatment of Category A prisoners is PSI 03/ 2010.

PSI 03/ 2010 can be found here: http://www.justice.gov.uk/offenders/psis/prison-service-instructions-2010


What is a Category A prisoner?

PSI 03/ 2010 Chapter 1, para. 2 defines a Category A prisoner as:

"...a prisoner whose escape would be highly dangerous to the public, or the police or the security of the State, and for whom the aim must be to make escape impossible."

In deciding whether Category A is necessary, consideration may also need to be given to whether the stated aim of making escape impossible can be achieved for a particular prisoner in lower conditions of security, and that prisoner categorised accordingly. This is in line with the lowest security category principle, as outlines in PSI 40/2011, 3.1, which stipulates:

"All prisoners must have assigned to them the lowest security category consistent with managing their needs in terms of security and control and must meet all the criteria of the category for which they are being assessed."

 However, this will only arise in exceptional circumstances.

The Director of High Security is responsible for the categorisation and allocation of Category A prisoners.


When will an individual be categorised as Category A?

PSI 03/ 2010, Chapter 1, para 4 states that a prisoner may meet the criteria for Category A status if the offending involves the following:

• extreme, sadistic or frenzied violence;
• a serial or escalating pattern of serious or potentially life-threatening violence;
• extreme violence against a victim unknown to or not closely related to the offender;
• extreme sexual violence;
• robbery with potentially life-threatening violence against the public or the police; 
• firearms being discharged at a victim, particularly in a public place;
• large-scale trafficking of Class A controlled drugs, particularly where the offender has used violence or firearms, or has access to firearms and other resources to assist an escape attempt; 
• Terrorism or Official Secrets Act breaches that have potentially serious consequences for the public, police or security of the State;
• serious organised crime, as defined in Schedule 1 Part 1 of the Serious Crime Act 2007, where the offender is believed to have a continuing role in an organised crime group, and is of continuing interest to law enforcement. 

Equally, offences which may result in consideration for Category A status include:      

• Murder
• Attempted murder
• Manslaughter
• Wounding with intent
• Rape
• Indecent assault
• Robbery or conspiracy to rob (with firearms)
• Firearms offences
• Importing or supplying Class A controlled drug
• Possessing or supplying explosives
• Offences connected with terrorism   
• Offences under the Official Secrets Act

It should be noted that this is merely guidance as the decision to categorise a prisoner as Category A involves an individual assessment.


Escape Risk Classification 

All Category A prisoners are placed in one of three escape risk classifications (PSI 03/ 2010, Chapter 1, para 5). They are as follows:

• Standard Escape Risk:  "A prisoner charged with a serious offence which would make them highly dangerous if at large.  No specific intelligence has been received either internally or from external agencies to suggest that the threat of an escape attempt is likely at this time."

• High Escape Risk.  "As Standard Escape Risk, however, intelligence received either internally or from external agencies would suggest that the individual has access to the type of resources and associates that could provide assistance in attempting to facilitate an escape and the propensity to activate them." 

• Exceptional Escape Risk.  "As High Escape Risk, however, recent intelligence received either internally or from external agencies would suggest that an escape attempt is being planned and the threat is such that the individual requires conditions of heightened security in order to mitigate this risk."

The Director of High Security is responsible for deciding a Category A prisoner’s escape risk classification.   


Initial Placement in Category A

PSI 03/2010, Chapter 2, para 1 explains how a prisoner is initially and provisionally placed in Category A:

"The Governor will have systems in place to ensure that all prisoners considered to potentially meet the criteria for placement within Category A or Restricted Status are reported in to the Directorate of High Security’s Category A Team."   

The Category A team, if appropriate, must then confirm whether or not the prisoner meets the requirements to be provisionally classified as Category A. After this, a formal review of their status must be held. 

        

How is a prisoner initially identified as potentially Category A status?

PSI 03/2010, Chapter 2, para 2 states:

"The Governor will have systems in place to ensure that a prisoner’s suitability for provisional Category A or Restricted Status is identified when the prisoner is first received into prison custody, by using the criteria outlined in Chapter One [see above; offending and offences]...

 
The Governor will have systems in place to ensure that as much background information as possible is obtained to determine the prisoner’s suitability for provisional Category A Status, including from the police officer in charge of the case.  This may include information to show whether the victim was known to the prisoner, the possible motives, the extent of any violence used, whether a weapon was used, or whether drink or drugs or the prisoner’s mental state are relevant."


What if it is unclear if initially a prisoner could be Category A?

The Category A team should be contacted if it is unclear whether an individual meets the criteria for provisional Category A status.

Initial Escape Risk Classification

Most provisional Category A prisoners are classified as standard escape risk (PSI 03/2010, Chapter 2, para 4).  The Category A Team may however recommend a provisional Category A prisoner should be held in a higher escape risk classification if prison or police information suggests the prisoner poses an enhanced escape potential. The Category A Team may recommend this when the prisoner is first received into custody or at any other time while the prisoner remains Category A.  This recommendation needs to be authorised by the Director of High Security  


Reviews of Provisional Category A status

PSI 03/2010, Chapter 3, para 1 provides:

"The Category A Team will regularly review the security category of each provisional Category A  prisoner.  It will also regularly review the escape risk classification of each provisional Category A exceptional and high escape risk prisoner. 

The Category A Team will review each provisional Category A prisoner after conviction and sentence, and forward the case of each prisoner confirmed as Category A Status after conviction and sentence to the Director for a first formal review.           

The Director is responsible for all final decisions to downgrade provisional Category A Status prisoners during remand reviews, on conviction or at their first formal review.  The Director of High Security is also responsible for all final decisions to downgrade a provisional Category A prisoner from high or exceptional escape risk.

Before approving a provisional Category A Status prisoner’s downgrading the Director must be convinced the prisoner does not pose a high risk of re-offending in a similar way if unlawfully at large.  The Director may decide this on the nature and circumstance of the prisoner’s offending, or on any significant change in the prisoner’s circumstances, such as an important change in the charges against the prisoner or substantially impaired health or mobility.

Before approving a provisional Category A prisoner’s downgrading from high or exceptional escape risk classification the Director must be convinced that information suggesting an enhanced escape potential is no longer valid."


When do Escape Risk Classification reviews take place??

PSI 03/2010, Chapter 3, para 5 stipulates:

"The Category A Team will review the escape risk classification of each provisional Category A high escape risk prisoner every six months and each provisional Category A exceptional escape risk prisoner every three months, and send the prisoner a decision notification within four weeks of the review.  It will forward any recommendations for a Category A prisoner’s downgrading from high or exceptional escape risk for the Director’s final decision."


When does the first formal Category A review take place?

The Director reviews the security category of each provisional Category A and Restricted Status prisoner as soon as possible after their security category has been confirmed following conviction and sentence (PSI 03/2010, Chapter 3, para 6).


Who sits on the Director's advisory panel for the first formal Cat A review?      

The Director reviews each case with an advisory panel which may consist of:

• police advisers;
• a psychologist;
• Cat A team staff.

Can a prisoner submit representations to the review?

Yes. He may do this through the disclosure of a dossier which summarises the information which is to be used. A copy of the completed dossier and an explanatory letter will be sent to the prisoner to allow the prisoner to submit representations.  The prisoner is allowed four weeks to submit representations. 

Who prepares the review dossier?

The Category A Team.

What will the review dossier contain?

• The Crown Court warrant or order for imprisonment (this must be sent to the Category A Team within 1 week of sentencing);
• the indictments and the trial record sheet (this must be sent to the Category A Team within 1 week of sentencing);
• It may also include the judge's sentencing remarks;
• Previous offending history;
• Police information.

What happens after the first formal review?

The Director will review the prisoner’s case at the next available panel following the disclosure of the dossier to the prisoner. 

The Category A Team will inform the prison of the Director’s decision immediately after the review takes place.  It will also immediately put into effect any decision to downgrade a prisoner from provisional Category A Status, or any decision to amend a Category A prisoner’s escape risk classification.

The Category A Team will send the prisoner a decision notification detailing the reasons for the Director’s decision four weeks after the date of the review.

When will confirmed Category A prisoners be reviewed?

PSI 03/2010, Chapter 4, para 1 says:

"Each prisoner confirmed as Category A Status at a first formal review will then have their security category reviewed annually on the basis of progress reports from the prison.  These are known as annual reviews and are completed by the Category A Team or the Director of High Security and an advisory panel.  The Director will however remain solely responsible for approving the downgrading of a confirmed Category A  Status prisoner."


When will a confirmed Category A prisoner be downgraded to a lower security category?

Once the Director is convinced that the prisoner's risk of re-offending if unlawfully at large has significantly reduced.  

What is considered as evidence for the purpose of that decision?

• Evidence from the prisoner’s contact with others;

• Participation in offending behaviour work that shows the prisoner has significantly changed their attitudes towards their offending or has developed skills to help prevent similar offending. 

Can a prisoner ever receive a Category A review more than once a year?

Sometimes. Special reviews outside the normal sequence of annual reviews may be granted if:

• There are exceptional circumstances that suggest the highest level of security may no longer be needed, for example the prisoner’s sentence has been substantially reduced or the prisoner’s health or mobility has seriously deteriorated. 

• If the prisoner has been recommended for parole. However, given that parole assessments are based on different criteria from security category reviews, a favourable parole assessment does not necessarily indicate that the prisoner would not be highly dangerous if unlawfully at large.

Can the annual Category A annual reviews ever take place in the form of an oral hearing?

The Director can grant an oral hearing of Category A prisoner’s annual review.  This will allow the prisoner or the prisoner’s representatives to submit their representations to the Director verbally (PSI 03/2010, Chapter 4, para 2).

When will the Director grant an oral hearing?

The Director will grant an oral hearing if there are exceptional circumstances that suggest the submission of oral representations is the fairest means of determining the prisoner’s suitability for downgrading. The suitability and the format of an oral hearing remains at the Director’s discretion.                         


Reviews of Escape Risk Classification

The Category A Team will continue to review the escape risk classification of each confirmed Category A high escape risk prisoner every six months and each confirmed Category A exceptional escape risk prisoner every three months, and send the prisoner a decision notification within four weeks of the review (PSI 03/2010, Chapter 4, para 3).

The Director remains solely responsible downgrading a Category A prisoner from exceptional or high escape risk classification and all recommendations for downgrading will be forwarded to the Director for the final decision.   

Before approving a confirmed Category A prisoner’s downgrading from high or exceptional escape risk classification the Director must be convinced that information suggesting an enhanced escape potential is no longer valid.

Annual Reviews

The first annual review will normally take place two years after the prisoner’s first formal review, to enable prison staff to fully assess any progress made by the prisoner.  The exceptions to this will be where:

• the Director ordered at the first formal review that the prisoner’s first annual review should take place earlier;
• the Governor of the holding prison decides the prisoner’s first annual review should take place earlier on the basis of exceptional risk reduction.             

Each subsequent annual review will normally be completed 12 months after the last review.      
   

Can annual reviews ever be deferred?

Deferrals of annual reviews are valid in exceptional circumstances.  These may include the need to obtain further information, for example offending behaviour programme reports, or for prison staff to link the review with other forms of assessment, such as parole reviews. 

Prison staff or the Category A Team may also at their discretion grant a prisoner’s request for a deferral of an annual review.  A deferred annual review should however not normally affect the timing of future reviews, which should return to the previous schedule.      

What is the procedure for Category A Annual Reviews?

1. Preparation of reports

Prison staff prepare the reports for the prisoner’s annual Cat A review review.

What is to be included in the report?

 

The reports should produce a comprehensive summary of the prisoner’s behaviour and progress to date, that will enable an assessment of any reduction in the prisoner’s level of risk.  

Where applicable the reports should record and assess any exceptional circumstances that suggest the prisoner may not require the highest level of security. 

• Other relevant documents may include:
• Offending behaviour programme reports;
• Sentencing Planning Review Board assessments;
• OASys reports;
• Psychological or psychiatric reports;
• Parole reports.

Individual report writers should not make a recommendation on the prisoner’s suitability for Category A Status.

2. Disclosure of reports

The completed reports are disclosed to the prisoner to allow representations to be submitted to the prison’s Local Advisory Panel ("LAP". The Panel will include the prison’s Governor or Deputy Governor and a range of appropriate report-writing staff, including wing, specialist and security staff). The prisoner is allowed four weeks to submit representations, although an extension may be granted at the prison’s discretion if requested. 

3. The Panel's consideration of reports and recommendation

The LAP consider the reports and any representations submitted by the prisoner or on his behalf. They will do this as soon as possible after the period of disclosure. The Panel will then make a recommendation to the Category A team as to whether the prisoner is still suitable for Category A status. It is unnecessary for prisoners or their representatives to attend, as prisoners have the appropriate opportunity to submit written representations to the LAP. The recommendation should also record and comment on any representations, or any factual inaccuracies in the reports that have been taken into account or resolved. The reports, representations and the LAP’s recommendation will then be sent to the Category A Team as soon as possible for the final decision to be made. 

4. The decision

The Category A Team or the Director completes the review and make a decision taking into account the reports, any representations and the LAP’s recommendation.  It will also take into account or forward to the Director any representations received following the prison LAP’s consideration. 

                   
If the Category A Team supports the LAP’s recommendation that the prisoner should remain Category A or Restricted Status, it will normally within four weeks of receipt of the reports complete the review and send the prisoner a decision notification confirming that the prisoner should remain Category A or Restricted Status.

The decision notification will provide detailed reasons for the decision, taking into account any progress the prisoner has made reducing risk, and addressing any relevant points made in the prisoner’s representations.

Referral of Annual Reviews to the Director of High Security 

The Category A Team will refer a case to the Director and the next available monthly panel if:    

• the LAP or Category A Team recommends the prisoner should be downgraded;  
   
• the Director has made a special request at the previous review that the case should be referred to the Director and his panel;
   
• the prisoner has recently moved from Restricted Status within a Young Offenders Institution to Category A status within a high security prison;
   
• the Director has not reviewed the prisoner’s case for five years. 

Decisions from the Director of High Security

The Director will review the prisoner’s security category assisted by a similar advisory panel present in first formal reviews.  Panel meetings usually take place monthly  The Director may also review a Category A prisoner’s escape risk classification at the same time. 

The Category A Team will inform prison staff of the results of the Director’s review immediately after the review takes place.  It will also immediately put into effect any decision to downgrade a prisoner from Category A or Restricted Status or to amend a Category A prisoner’s escape risk classification. 

The Category A Team will send the prisoner a decision notification four weeks after the date of the Director’s panel.  The decision notification will include a summary of the information taken into account and detailed reasons for the Director’s decision. 

Downgrading from Category A

Once the Director decides a prisoner is downgraded from Category A or Restricted Status the responsibility for deciding the prisoner's further allocation and categorisation passes to governing staff at the holding prison.

The Director may recommend that a prisoner downgraded from Category A to Category B should remain in high security conditions for a trial period.

                                    

Categorisation

 What is categorisation?

Categorisation is the process by which a prisoner is assigned an appropriate security category.

This post will focus on the categorisation process as it stands for adult males. It is governed by PSI 40/ 2011. It can be found here: http://www.justice.gov.uk/offenders/psis/prison-service-instructions-2011

The rules are slightly different for the categorisation of young male prisoners and for women prisoners. These are governed by PSI 41/ 2011 and 39/2011 respectivley. These can be found here: http://www.justice.gov.uk/offenders/psis/prison-service-instructions-2011

Why is it important that prisoners are categorised correctly?

Assigning prisoners to the corret security category helps to ensure that they do not escape or threaten the control of prisons. In addition, it also means that prisoners are not housed in higher security conditions than is necessary.

Categorisation (and re-categorisation) are also central to sentence management. Correct categorisation enables prisoners to use their sentences constructively, to address offending behaviour and ultimately prepare for release.

Being re-categorised to lower security categories allows the prisoner to progress throughout the prison estate. It demonstrates a reduction and risk which is at the heart of the issue of release when the prisoner is eligible for parole.

The security categories for adult males

There are four security categories for adult males;

• Category A;
• Category B;
• Category C;
• Category D.

Category A

These are prisoners "whose escape would be highly dangerous to the public or the police or the security of the State and for whom the aim must be to make escape impossible." (PSI 40/2011, 2.1)

Category B

These are prisoners "for whom the very highest conditions of security are not necessary but for whom escape must be made very difficult." (PSI 40/2011, 2.1)

Category C

These are prisoners "who cannot be trusted in open conditions but who do not have the resources and will to make a determined escape attempt." (PSI 40/2011, 2.1)

Category D

These are prisoners "who present a low risk; can reasonably trusted in open conditions and for whom open conditions are appropriate." (PSI 40/2011, 2.1)

Category A prisoners

Category A prisoners will be discussed in a subsequent post, but in short, Category A prisoners have some special rules. The policy relating to Category A security reviews are contained in PSI 003/2010, which can be accessed here: http://www.justice.gov.uk/offenders/psis/prison-service-instructions-2010

Reviews for Category A prisoners are determined by the Director of High Security and the Category A Review team.

Prisoners must be assigned the lowest security category possible

PSI 40/2011, 3.1 stipulates:

"All prisoners must have assigned to them the lowest security category consistent with managing their needs in terms of security and control and must meet all the criteria of the category for which they are being assessed."

This means that if a prisoner meets the requirements say, for example, Category D status, he must be categorised accordingly, regardless of whether there are enough spaces in Category D. PSI 40/2011, 3.1.1 makes this clear:

"A prisoner's security category must never be adjusted to achieve a better match with available spaces within the estate."

However, PSI 40/2011, 3.1.1 qualifies this point:

"...it should be noted that where population pressures exist or where it is in the prisoner's own best interests (for example, to access or complete an offender behaviour programme), he may be allocated to or retained in a prison of a higher security than that assigned to him."

Therefore, if a prisoner meets the criteria for Category D status, but needs to be allocated to a place where he can complete a certain programme, he can remain allocated to that area in a higher security category.

How is categorisation decided?

The test for categorisation is set out in PSI 40/2011, 1.1:

"The purpose of categorisation is to assess the risks posed by a prisoner in terms of: likelihood of escape or abscond; the risk of harm to the public in the event of an escape or abscond; any control issues that impact on the security and good order of the prison and the safety of those within it and then to assign the prisoner the lowest security category consistent with managing those risks."

Caselaw suggests that there is flexibility in this policy. Each case must be considered on its own merits (R (John Smith & John Mullally) v The Governor of HMP Lindholme [2010] EWHC 1356.)

Initial categorisation

All convicted and sentenced prisoners, including ISPs (other than those report into headquarters as potentially Category A) must be categorised within 4 working days of all essential documents being received (PSI 40/ 2011).

What documents are pertinent to the initial categorisation process?

• Details of previous convictions;
• Details of current offence(s);
• Current custodial record;
• Previous record, if available;
• Prisoner's security file;
• Public Protection Information;
• PER form;
• OASys report (if opened prior to sentence);
• Request for information form from UK Border Agency.

If any other documents are referred to as part of the initial categorisation assessment, these must be listed on the form. This is to ensure that the prisoner is aware of the information which has been considered in his initial categorisation. It is also relevant if the decision is challenged at a later date.


Re-categorisation

Re-categorisation reviews are conducted to assess whether or not a different category would be more appropriate.

PSI 40/2011, 5.1 provides:

"The purpose of the re-categorisation process is to determine whether, and to what extent, there has been a cleat change in the risks a prisoner presented at his last review and to ensure that he continues to be held in the most appropriate conditions of security."

Do prisoners have a right to re-categorisation?

PSI 40/2011, 5.1 says:

"Re-categorisation to a lower security category is not an automatic progression or right but must be based on clear evidence of reduction in previously identified risk levels to a level that is manageable in an establishment of the lower security category."

Allocation after re-categorisation

PSI 40/2011, 5.1 states:

"Allocation often follows immediately after categorisation but us a separate process, the purpose of which is to assign the prisoner to a suitably secure establishment which best meets his needs insofar as pressures on the estate allow."

Forms used in the categorisation process

PSI 40/2011, 3.3 states that the same forms must be used nationwide.

ICA1 Form

The ICA1 form is used for initial categorisation. A copy of this can be found at Annex A of PSI 40/2011.

RC1 Form

The RC1 form is used for recategorisation. A copy of this can be found at Annex C of PSI 40/2011.

The reason for this uniform national approach is to ensure consistency in the categorisation process and provide an "auditable account of the prisoner's categorisation assessment."

The forms must not be adapted. However, if additional information is required to support the documentation, local forms may be attached to the national form.

Copies of the forms must be kept in the prisoner's record.

The forms must be completed fully, with all relevant issues addressed and explanations given for the decisions made.

Must a prisoner be given all the information relevant to the categorisation decision?

Yes. PSI 40/2011, 3.4 states:

"The categorisation process is an open one and the prisoner must be able to understand why he has been placed in a particular category. A copy of the categorisation form must be disclosed to the prisoner if he requests it. If the prisoner has difficulty understanding the form, the reasons for the decision must be explained to him verbally."

Can information relating to a prisoner's categorisation be withheld from him?

Yes, under certain circumstances. PSI 40/2011, 3.5 provides what those circumstances are:

• In the interests of national security;
• For the prevention of crime or disorder, including information relevant to prison security;
• For the protection of a third party who may be put at risk if the information is disclosed;
• If, on medical or psychiatric grounds, it is felt necessary to witholf information where the mental and/ or physical health of the prisoner could be impaired;
• Where the source of the information is a victim, and disclosure without their consent would breach any duty of confidence owed to that victim, or would generally prejudice the future supply or such information.

What should happen if information is withheld from a prisoner?

Firstly, the withheld information must be recorded separately to the main form. If possible, a summary of the withheld information may be provided if the anonymity of the informant can be protected.

If the information has impacted on the categorisation of the prisoner, the form must record that other information has be considered, with a brief description of the type of information, so far as is compatible with maintaining security and protecting other persons.

What should a prisoner do if he believes information about his categorisation has wrongfully been withheld?

He should seek legal advice from a solicitor.

What should a prisoner do if he believes he has been categorised incorrectly?

PSI 40/2011, 3.6 provides some guidance. Firstly, the prisoner should raise his concerns with his personal officer, who may be able to clarify the process and explain why the particular decision was reached. If the prisoner wants to pursue the matter, he can make a complaint through the request complaints procedure. The categorisation decision must then be reviewed by a person senior to the countersigning officer as a de novo review of all the facts. If the prisoner is dissatisfied with the review, he may pursue the matter with the Governor or Director or the Prisons and Probation Ombudsman.

It should be noted that an Ombudsman's recommendation is not binding. The Ombudsman cannot compel the prison to remedy the situation. However, it could be relevant if the issue of whether the decision was irrelevant is considered later on.

What if a prisoner is not given adequate reasons for his categorisation?

If he has exhausted all avenues of appeal, he may have grounds for a Judicial Review. Failing to provide an RC1 containing adequate reasons for a re-categorisation decision is an error of law and renders the re-categorisation decision liable to being quashed.

The duty to give adequate reasons for a re-categorisation decision is crystallised in national policy (PSI 40/2011) and also in caselaw, per Newman J (R (Angle and Angle) v The Governor of HMP Ford & SSD (unreported) CO/4741/01).


Category D prisoners

PSI 40/2011, 5.3 states:

"Because of the particular characteristics of the open estate, re-categorisation to Category D must be based on the prisoner's proven trustworthiness and manageable risks."

Prisoners should not usually spend longer than 2 years in open conditions before their release date unless there are exceptional circumstances justifying their allocation to open conditions. Such cases must have the reasons for categorisation fully documented and confirmed in writing by the Governing Governor.

What about indeterminate sentence prisoners?

Indeterminate sentence prisoners ("ISPs") are considered for categorisation to open condition in accordance with the provisions of PSI 36/2010.

Prisoners in the last 24 months of their sentence

Prisoners in the last 24 months of their sentence are entitled to re-categorisation reviews every 6 months (PSI 40/2011, 5.5).

CARATs

CARATs (Counselling, Assessment, Referral, Advice and Throughcare services) is a national service, available in all prisons in England and Wales.

CARATs can help individuals in prison to address and rectify any issues with drugs which they may have. They can help prisoners by providing advice, support, counselling and relapse prevention.

CARATs can also provide support once a prisoner is released.

Why may work with CARATs be useful for a prisoner?

Working with CARATs can help a prisoner in the following ways:

1. Addressing substance misuse problems.

This is the heart of CARATs' work. Providing an individual with the support and resources they need in order to live a drug-free life is positive in-itself and for many may go to the root of their offending behaviour.

2. Mandatory Drugs Tests (MDTs).

If a prisoner's work with CARATs is successful in that he no longer uses drugs, it follows that any MDTs he undertakes will be clear.

3. Risk reduction.

If a prisoner can demonstrate compliance with CARATs and clear MDTs, this can show that he has complied with his sentence plan and will go in his favour if the question of release is to be considered. Work with CARATs may also be fed into a prisoner's OASys reports.

Bullying in prison

There is no Prison Service Order or Prison Service Instruction which deals specifically with the issue of bullying in prison. However, PSI 64/ 2011, Management of prisoners at risk of harm to self, to others and from others (Safer Custody), contains guidance as to how issues of bullying should be dealt with.

Bullying can manifest itself in many different forms: emotional, physical, psychological and verbal. PSI 64/ 2011 recognises this, and can be accessed here: http://www.justice.gov.uk/offenders/psis/prison-service-instructions-2011

What is the prison's approach to bullying?

The National Offender Management ("NOMS") Service has a zero tolerance approach to violence.NOMS also has a duty of care to those affected by violence. 

PSI 64/ 2011, Chapter 7 states:

"Every verbal or physical act of violence must be challenged. Appropriate sanctions for perpetrators must be applied robustly, in a fair and consistent manner.  Victims must be supported and protected."

With regards to non-physical bullying, Chapter 7 also states:

"All incidents of violence must be challenged be they physical, verbal and/or emotional. There a range of options available to staff starting with speaking to the prisoner concerned to make them aware that their behaviour will not be tolerated and that sanctions may be imposed.  The sanctions may be used incrementally or in combination, depending on the seriousness of the incident and/or the wishes of the victim."

What impact could bullying have on a prisoner?

PSI 64/ 2011 indicates the following:

• Reluctance to leave cell;
• Cell is empty of personal possessions;
• Disruptive behaviours displayed by a prisoner in order to remove himself from potential violence or conflict e.g. to segregation unit.

What measures can prison staff take to address the effects of bullying?

PSI 64/ 2011 suggests the following positive measures:

• Encourage proximity to staff while on association or movement between activities to promote safety and build self-confidence;
• Check in cell possessions against the prisoner’s property card (this can also be applied to perpetrators)
• Speak to the prisoner to ascertain any underlying concerns for safety;
• Address poor personal hygiene;
• Support prisoners to gain employment in order to be self sufficient and not rely on other prisoners;
• Encourage victims to reflect on their own behaviours that may result in acts of violence or confrontation from others.

Here you can read a report prepared by the Prison and Probation Ombudsman on the issues surrounding violence and bullying: http://www.ppo.gov.uk/docs/PPO_report_-_violence_reduction_web_.pdf

Barristers in prison

What is a barrister?

If an individual is in prison, they were probably represented by a barrister in court at their trial. A barrister is a lawyer who represents individuals in court and specialises in advocacy.

When may I be represented by a barrister if I am in prison?

You may be represented by a barrister in the following situations:

At a parole hearing

If you are represented by a barrister at an oral hearing, he will represent you in front of the Parole Board and be your advocate. He will prepare submissions based on the parole dossier and other documentation which your solicitor has provided him with.

In an appeal

Often, solicitors instruct barristers to represent their clients in appeals. Your barrister will draft a written application to appeal, and if permission to appeal is granted, and the case proceeds to an oral hearing, he will represent you in the Court of Appeal and advance oral arguments.

In a Judicial Review

If you are commencing a civil action in the form of Judicial Review against the Governor of a prison, the Parole Board or the Secretary of State, your solicitor will instruct a barrister to draft the grounds for your case. If the case proceeds to an oral hearing, your barrister will represent you in the Administrative Court and advance oral arguments.

Article 6

 Article 6 of the European Convention on Human Rights states:

"1.In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interest of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.

2.Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law.

3.Everyone charged with a criminal offence has the following minimum rights:

(a) to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him;

(b) to have adequate time and the facilities for the preparation of his defence;

(c) to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require;

(d) to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;

(e) to have the free assistance of an interpreter if he cannot understand or speak the language used in court." 

In what situations could Article 6 apply?

Because of the right to a fair trial is at the heart of a democratic society, it has been held that Article 6 should not have a restrictive interpretation. Therefore, it is submitted that the right to a fair trial applies to those proceedings outside of criminal trials. It logically follows that this includes civil proceedings, and in the context of prison law, this includes civil actions against the prison or the Government. This point regarding civil proceedings specifically was addressed in Raymond v Honey [1983] 1 AC 1:

"At the forefront of those civil rights is the right of unimpeded access to the courts... the right of access to a solicitor to obtain advice and assistance with regards to the initiation of civil proceedings..."

Prohibition of prisoners' legal papers and Article 6

Prisoners who have ongoing legal issues, such as appeals, claims or civil actions against prisons or other bodies need access to their legal documentation. Sometimes, access to this information can be witheld by the prison. Witholding such documentation can be legitimately justified but also potentially gives rise to Article 6 claims.

When can legal documentation be legitimatley witheld?

It depends on the facts of each case. Volumetric control may be a legitimate justification.

What should a prisoner do if they believe their rights under Article 6 have been violated?

They should seek legal advice from a solicitor.

Article 5

Article 5 of the European Convention on Human Rights, the right to liberty and security.

Article 5 ECHR states:

"1. Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law:

a. the lawful detention of a person after conviction by a competent court;

b. the lawful arrest or detention of a person for non-compliance with the lawful order of a court or in order to secure the fulfilment of any obligation prescribed by law;

c. the lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so;

d. the detention of a minor by lawful order for the purpose of educational supervision or his lawful detention for the purpose of bringing him before the competent legal authority;

e. the lawful detention of persons for the prevention of the spreading of infectious diseases, of persons of unsound mind, alcoholics or drug addicts or vagrants;

f. the lawful arrest or detention of a person to prevent his effecting an unauthorised entry into the country or of a person against whom action is being taken with a view to deportation or extradition.

2. Everyone who is arrested shall be informed promptly, in a language which he understands, of the reasons for his arrest and of any charge against him.

3. Everyone arrested or detained in accordance with the provisions of paragraph 1.c of this article shall be brought promptly before a judge or other officer authorised by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial.

4. Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful.

5. Everyone who has been the victim of arrest or detention in contravention of the provisions of this article shall have an enforceable right to compensation."

Guidance on Article 5 can be found here.

More guidance on Article 5.

Information on Article 5 from equalityhumanrights.com.

What relevance does Article 5 have in relation to prison law issues?

Article 5 grants individuals, including prisoners, certain rights in relation to their detention or imprisonment. The purpose of this is to ensure that detention is lawful and not arbitrary. Article 5 is therefore a very powerful safeguard to ensure prisoners and those detained in custody are treated fairly and in accordance with the law. If these rights are breached, a prisoner may be entitled to make a claim against the body responsible for the impingement of his rights. If a prisoner thinks his Article 5 rights have been infringed upon, he should seek legal advice.

Article 5 (4) and recalled prisoners

Article 5 (4) provides:

"Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful."

This means that recalled prisoners are entitled to regular and speedy reviews of their detention in order to determine whether or not their detention continues to be justified.

If an individual is recalled to prison whilst serving the licence period of a determinate sentence, he will be released on his sentence expiry date unless he can demonstrate to the Parole Board that he can safely be released before then. The Secretary of State for Justice has a duty to refer such cases to the Parole Board. The Parole Board cannot consider the recalled prisoner's case without a recommendation from the Secretary of State. The case must be referred to the Parole Board within 28 days of recall (s. 255C (4) Criminal Justice Act 2003) and after that, at least every 12 months (s. 256A(1) Criminal Justice Act 2003).

However, the Parole Board can recommend that the Secretary of State makes such a referral by virtue of s. 256A (3) Criminal Justice Act 2003, which stipulates:

"The Board may at any time recommend to the Secretary of State that a person's case be referred under subsection (2)."

The case law reiterates the principle:

"Recall, even of someone who has only a conditional right to his freedom under licence... is a new deprivation of liberty by detention. The prisoner is therefore entitled to take proceedings by which the lawfulness of that detention can be decided speedily by a court under Article 5 (4). Review by the Parole Board of the recall decision... if conducted in accordance with the fairness which the common law requires, is in my view a compliance with Article 5 (4)..." (per Lord Slynn, R (Smith & West) v Parole Board [2005] 1 WLR 350).

This was reaffirmed by Lord Phillips in R (Black) v Home Secretary [2009] UKHL 1:

"What of those determinate prisoners whose release depends upon the decision of the Parole Board? I consider that our domestic law entitles them to release provided that the criteria for their release are satisfied. Article 5 (4) entitles them to judicial determination of that question and timely consideration by the Parole Board will satisfy the requirements of Article 5 (4)."

Therefore, if an individual is entitled to the protection which Article 5 (4) affords, he is entitled to speedy and regular reviews of his case.

What about lifers?

The issue of reviews for life sentence prisoners was considered in Noorkoiv v Home Secretary & Parole Board [2002] EWCA Civ 770. It was held in that case that for lifers, reviews are to be conducted upon tariff expiry.

Article 5 (5) and damages

Article 5 (5) provides an enforceable right to damages if an individual's Article 5 rights have been breached.

Do indeterminate sentences breach Article 5?

No. Indeterminate detention or imprisonment for public protection ("IPPs") do not breach Article 5, however such detention cannot be arbitrary.

Appeals

An individual is in prison because he or she has been found guilty in a court of law of a criminal offence. Invariably, the issue of whether that conviction was correct or lawful can arise for some prisoners.

An individual who has been found guilty in the Crown Court can appeal to the Court of Appeal against his conviction or his sentence.

The information provided below is merely an overview of the grounds upon which an application to appeal may be made. A very comprehensive guide to appeals and the procedure can be found here: http://www.justice.org.uk/data/files/resources/274/How-to-Appeal-2011.pdf

Appeals against conviction

The test for appeal against conviction is whether or not the conviction is safe. The following could render a conviction "unsafe".

• The judge's decisions during the trial: throughout a trial, the judge makes decisions on issues such as admissibility of evidence. If the judge acted unreasonably in his rulings, you may have a ground of appeal. It should be noted that judges have a lot of freedom in how they conduct the trial, therefore the threshold as to whether the judge was unreasonable is a very high one.
• The judge's summing up: if the judge made a mistake in his summing up of a case for the jury, there may be a ground of appeal if and only if this mistake is likely to have led the jury to find the defendant guilty. Again, the threshold for this is very high.
• Objections to jury members.
• New evidence.
• Disclosure issues.
• Mistakes made by a solicitor or barrister: the mistake must have been very serious and must have caused the conviction.

Appeals against sentence

The test for appeal against sentence is whether or not the sentence is excessive.

If a prisoner believes that his conviction is unsafe or the sentence he was given was excessive, he should seek legal advice from a solicitor.

Allocation

Allocation  means placement in an appropriate prison.

Prisoners can be allocated to different prisons for a variety of reasons. For example, allocation to one prison may mean that the prisoner can complete a course which is offered at one prison but not another. Allocation to one prison rather than an other may also mean that the prisoner is closer to his family.

Allocation is central to sentence management.

When allocating, security issues must be balanced with the needs of the prisoner.

The Secretary of State for Justice has wide powers to allocate a prisoner wherever he sees fit (s. 12 Prison Act 1952).

Allocation is a process distinct from categorisation.

Why is allocation to a suitable estate important?

1. Completion of Offender Behaviour Programmes

Some prisons offer courses which other prisons do not. Courses, known as Offender Behaviour Programmes (which will be discussed in a later post) are important for prisoners to engage in sentence planning and demonstrate risk reduction. Therefore, it follows that it is desirable for a prisoner to be allocated to an estate which offers a course pertinent to his sentence plan.

2. Proximity to family

Prison Rule 4 states:

"(1) Special attention shall be paid to the maintenance of such relationships between a prisoner and his family as are desirable in the best interests of both.

(2) A prisoner shall be encouraged and assisted to establish and maintain such relations with persons and agencies outside prison as may, in the opinion of the governor, best promote the interests of his family and his own social rehabilitation."

(The Prison Rules 1999 are a Statutory Instrument and can be accessed here: http://www.legislation.gov.uk/uksi/1999/728/made)

If a prisoner is allocated to a prison which is far away from his family, this may hinder his ability to maintain family relationships. As such, it is desirable that a prisoner is allocated to a prison which his family can access with relative ease.

What impact does allocation have?

If a prisoner has a sentence planning target to, for example, complete certain offender behaviour work, but cannot complete it in the prison he is currently in, he will not be able to engage effectively with his sentence plan and this will impinge his ability to progress. Lack of progression ultimately impacts upon the question of release.

If a prisoner is allocated to a site which is far away from his family, he may not be able to see them as frequently as he would have hoped. This could impact on his ability to sustain family and community ties, which are often cited as "protective factors".

What should a prisoner do if he has an issue with his allocation?

If a prisoner believes that he is allocated in an unsuitable prison, he should seek legal advice from a solicitor. The decision to allocate is one which can potentially be challenged via Judicial Review.

On what grounds can the allocation decision be challenged?

1. Public law grounds

For a prisoner to have a sentence plan target he is unable to meet due to the resources of the prison he is currently at is an error of law. It is irrational to make progress dependent on courses which cannot be completed. The following cases highlight this principle:

• R (Cawser) v Home Secretary [2004] 1 PLR 166;

• R (Lynch) v Secretary of State for Justice [2009] 1 PLR 265

2. Breach of Convention rights

Finally, if a prisoner in unable to maintain family ties due to allocation, there is a potential breach of Prison Rule 4 (see above) and Article 8 of the European Convention on Human Rights. Article 8 provides that there is a qualified presumption in favour of preservation of family ties. Such inteference with family life has to be necessary and proportionate.

Aftercare

If an individual has been in prison for a period of time, particularly if the period has been a lengthy one, one of their concerns may be how are they to cope with life once they are released? They may be specifically worried about where they are going to live or how they are going to find employment.

Prison Rule 5 states:

"From the beginning of a prisoner's sentence, consideration shall be given, in consultation with the appropriate after care organisation, to the prisoner's future and the assistance to be given him on and after his release."

There are resettlement teams in prisons who should help individuals with practicalities when release is approaching. Aside from this, whilst in prison, an individual may acquire skills which help him to live an offending-free life upon release. For example, he may learn new skills, gain qualifications or address substance misuse issues which have contributed to his offending behaviour. However, we cannot pretend that some offenders do end up back inside, and the reasons for this are varied. What is crucial is that a prisoner receives the support he needs once released. There are several organisations which address some of the pertinent aftercare needs.

Support from the Probation Service

If an individual is released from prison on licence, the Probation Service is the body responsible for overseeing action upon release. The Service is provided by the local Probation Trust, and these trusts manage approved premises known as hostels for offenders with a residence requirement on their licence or sentence. This service in particular enables the transition between prison to the outside world is a smooth one in terms of accommodation.

Support from a youth offending team

Youth offending teams strive to help young people stay away from crime. They supervise young offenders serving a community sentence and support those in custody.

Support from a drug or alcohol team

These organisations support and aim to rehabilitate those who have substance misuse problems, or have had them in the past. 

Other support agencies

Mental Health Matters

Prison Advice and Care Trust (PACT) 

Shelter (advice on homelessness upon release from prison)

Prisoners' Advice Service

Citizens' Advice Bureaux (for independent advice on a range of issues, for example, benefits or debt).

NACRO (services for ex-prisoners, including housing and resettlement)