Prisons

Importance of justice in prison

• Woolf Report: “prisoners as well as staff, must feel the system is itself fair and just”

• Justice cannot merely put a person in prison and end there

Need for fairness (Easton and Piper)

• Prisoners are especially vulnerable to arbitrary treatment

  • Invisible and marginalized, separated from the rest of society

• Contributes to the process of normalisation, so that they will be better equipped (and less jaded) when re-entering society

• If release is based on completing courses, they must be given the opportunity to do so

Aims of punishment

• Retributivism: offender is an autonomous individual who should be treated with respect

  • Punishment is in deprivation of liberty, not ill-treatment

• Utilitarianism: positive aspects of prison can improve rehabilitative function

• Rehabilitation: prisoners’ rights must be respected

Purposes of imprisonment

• Jack Straw (SSJ in 2008): “Prisons are, as they should be, first and foremost places of punishment, primarily through the deprivation of liberty but also through a regime behind bars which is tough and fair”

  • But also recognised that they must allow for “reformed behaviour and rehabilitation”

• Prison Service Statement of Purpose (1988)

  • Serves the public “by keeping in custody those committed by the courts”

  • Duty is to “look after them with humanity and help them to lead a law abiding life in prison and on release”

• Woolf Report: need to strike a balance between security, control and justice

  • Justice is often displaced by a focus on control and security

• ‘Decency’ agenda (1999)

  • “caring for and treating with respect everybody in the Service’s care”

• National Offender Management Service (NOMS)

  • Prison Service became part of NOMS in 2004 after the Carter Review

  • NOMS became part of the MoJ in 2007

  • NOMS Statement of Purpose: “commission and provide offender management services … ensuring best value for money”

    • Aim to protect the public and reduce reoffending while supporting rehabilitation

• Prison Rule 3: conduct training and treatment to encourage and assist prisoners to lead a “good and useful life”

Current Prison situation

Prison Estate

• Increased demand over the years has led to prison building

  • 21 new prions opened between 1980 and 1996

  • 20,000 new places from 1997 to 2010

• Increased use of private prisons

• Now, approximately 120 prisons and 13 private prisons

  • 84,078 prisoners

  • 12 women’s prisons (might have baby units for children up to 2 years of age)

    • Since there are so few, likely to be further from home

• Not all prisons are purpose-built

  • Includes converted houses, military camps and other buildings

• Closure of small, expensive prisons

  • Clustering of prisons into a single area/compound so as to reduce spending

    • Reduced costs for separate management staff and services

    • BUT harder to manage since they are larger

• Types of prisons

  • Local prisons

    • In towns and cities

    • Usually used for remand prisons or for temporary purposes

      • Post-sentence for assessment before transfer to a training prison

      • Possibly for short sentences and those at the end of sentences

    • Usually have the worst over-crowding and worst conditions

    • Includes some core local prisons with high security (e.g. Belmarsh)

  • Training prisons

    • Might be closed or open

    • Includes specialist prisons (e.g. therapeutic prisons like Grendon)

    • Open training prisons are used for Cat D prisoners

      • Allows prisoners to work in prison or in the local community

      • Ford Open Prison riots in 2011

        • Buildings set alight and damage inflicted

  • Vulnerable Prisoners’ Units

    • For vulnerable prisoners (e.g. sex offenders) who might be assaulted by other prisoners

  • Close Supervision Centres (CSC)

    • In High Security prisons

    • For severely disruptive or violent prisoners

    • More time spent locked up and strictly structured regime

  • Protected Witness Units

• Cost of prison

  • Approximately 37,000 per place

  • For Oakwood (new prison), average cost of 13,000 - 16,000 per prisoner

    • Private prison run by G4S, originally meant to be a “titan” prison

Categorisation of Prisoners

• Categorisation is governed by the National Security Framework

  • Prisoners should be placed in the lowest category consistent with the need for security and control

  • Categorisation takes into account current sentence as well as previous convictions and escapes (or escape attempts)

  • Categorisation is reviewed regularly (yearly) on the basis of risk of danger to the public and risk of escape

• 4 main categories used for adult male prisoners

  • Young adult offenders and women offenders are classified as Cat A or restricted or suitable for open conditions

• Category A

  • Prisoners whose escape would be highly dangerous to the public or police or the security of the state

  • Decisions regarding Cat A prisoners are made by a Category A Committee at NOMS Headquarters, whereas other prisoners are dealt with by the Governor

  • Sub-classification

    • Standard

    • High risk: e.g. members of gangs with access to resources for escape

    • Exceptional risk: have the skills, resources and determination to escape

      • Held in special security units

  • More likely to be transferred between prisons

    • This makes it difficult for them to complete educational or offending behaviour courses, which in turn affects their chances of reclassification

  • Sent to high-security prisons

    • Currently 8 high security prisons

    • More stringent measures (e.g. electronic surveillances, searching of inmates and visitors, higher levels of staffing)

    • Reasonable conditions for those with longer sentences

      • Education and work opportunities

  • Some might be dispersed amongst Cat B prisoners in high-security prisons

    • Radzinowicz: recommended avoiding creating a “no hope” climate in purely Cat A prisons

  • R (P) v SSHD (2002): elderly and ill prisoner placed in Cat A

    • Unlikely to escape but if he did would be highly dangerous

    • Court: prison service could make escape virtually impossible for highly dangerous prisoners but should consider individual...

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