Escape risk prisoners

The national policy which deals with Escape Risk prisoners and their management is PSI 56/ 2011.

There are six main reasons for having a framework which identifies and manages individuals who are deemed an escape risk:

• To prevent escapes and absconds;
• To detect and deter threats to the security, safety, order and control of the prison establishment;
• To detect, report and deter criminal activity;
• To facilitate lawful information exchange with prison staff;
• To facilitate effective and lawful information exchange with other agencies;
• To ensure security measures are applied lawfully, safely, fairly, proportionately and decently.

The prison must have in place a system to identity prisoners who pose a potential escape risk.

What must be considered when deciding whether to place a prisoner on the Escape List?

PSI 56/2011, 2.2 lists the following:

• Is there reliable intelligence that the prisoner is planning to escape?
• Has the prisoner escaped or made a credible attempt to escape during their current sentence?
• Has the prisoner escaped or made a concerted effort to escape during a previous period in custody or sentence, from prison, from Court, or from escort transport, and what were the circumstances?
• Do similar circumstances or security concerns apply now?
• Is the prison’s physical and procedural security sufficient to deal with the perceived threat without placing the prisoner on the E-List or moving them to more secure conditions?
• Does the prisoner’s security category need to be reviewed immediately?

What happens if the prisoner is assessed as an escape risk and therefore needs to be placed on the Escape List?

1. The AUTHORISATION TO PLACE PRISONER ON ESCAPE LIST form must be completed fully;
2. The prisoner must be informed of the decision to place him on E-List.
3. If the prisoner is in Category C, or D/ open conditions then the prisoner’s security category must be reviewed immediately and the prisoner transferred to more appropriately     secure conditions as soon as possible. In the meantime, the Governor/Director must make arrangements to ensure that the prisoner is held in as secure conditions as possible to prevent an escape;
4. A standard risk Category A prisoner who presents a high risk of escape must be reported to the Directorate of High Security(DHS) for consideration of reclassification to high risk category A. The prisoner must be placed on the E-List pending the outcome of the DHS decision.

How are E-List prisoners to be distinguished from other prisoners?

• When outside their cell, E-list prisoners must wear distinctive E-List clothing which clearly distinguishes them from other prisoners (PSI 56/ 2011, 2.4).
• An up-to-date photograph of each E-List prisoner must always be on display in the residential unit office. Copies of all photographs MUST be provided to the local police in case of an escape (PSI 56/ 2011, 3.2).
• The Security Department must be notified immediately of any change in appearance and a new photograph taken within 24 hours (PSI 56/ 2011, 3.2).

Can E-List prisoners' telephone calls be monitored?

Yes. In fact, E-List prisoners must be subject to simultaneous listening of all telephone calls (excluding legal and confidential calls or those to the Samaritans) unless the operational manager appointed as Authorising Officer (AO) for the interception of communications authorises less frequent monitoring. This decision must be based on an assessment of the risk posed by the prisoner and the totality of the measures in place to stop him/her from escaping. 

PSI 56/ 2011, 4.1 provides:

"Local instruction must set out the arrangements for recording and monitoring the  telephone conversations of E-List prisoners. Prisoners must be informed that their calls will be subject to routine listening when they are placed on the E-List or are a potential Category A prisoner who is transferring as an E-List prisoner." 

The frequency of monitoring must be reviewed regularly during the time the prisoner is on the E-List.

Will an E-List prisoner be told that his communications are being monitored?

 Yes, he must be informed so (PSI 56/ 2011, 4.2). He must be informed that his communications will be monitored for one or  more of the reasons allowed for by rule 35A(4) of the Prison Rules, namely:

• in the interests of national security;
• the prevention, detection, investigation, or prosecution of crime;
• the interests of public safety;
• securing or maintaining prison security or good order and discipline in prison;
• the protection of health or morals; and,
• the protection of the rights and freedoms of any person.

What about confidential communications?

Confidential communications must not be monitored except where authorised by the Chief Executive Officer, NOMS, This decision and any such authorisation must be reviewed on at least a monthly basis (PSI 56/ 2011, 4.4).

Is there routine monitoring of mail?

Yes. All correspondence, both incoming and outgoing, (except confidential communications) will be subject to routine monitoring. The relevant policy is PSI 06/2011, Prisoner Communication Correspondence.

Will the decision to be placed on E-List be reviewed?

Yes. If a prisoner has been placed on the E List the position MUST be reviewed by a manager at least every 28 days (PSI 56/ 2011, 5.1).

When will a prisoner be removed from E-List?

The prisoner must be removed from the E-list as soon as they no longer present a risk of escape (PSI 56/ 2011, 5.2).