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."
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?
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.
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