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Saturday 30 July 2016

There is also a legal duty to provide timely pre-tariff expiry hearings for indeterminate sentenced prisoners who are looking to progress to open conditions. Breach of these rights.


 How soon is now? In September 2013 the Supreme Court decided in the case of Osborn Booth and Reilly that far more prisoners should be entitled to an oral hearing before the Parole Board. Since then, the Parole Board has struggled to ensure that parole hearings can take place on time. Long delays have been experienced by most prisoners waiting for parole hearings. The waiting game is very difficult to bear. Many have worked extremely hard to reduce their risk and to prepare release plans. They have been left waiting for months on end for their hearings to take place, experiencing uncertainty, anxiety and frustration. Many could have safely been released several months earlier, freeing up prison places and beginning their resettlement in the community.
While it is not possible to turn back time and to get those months of liberty back, there is a potential remedy which might provide some relief to those prisoners.
Article 5(4) of the European Convention on Human Rights provides prisoners who are serving indeterminate sentences (lifers or IPPs) with a right to a speedy review of their detention after they have served their tariff period.

There is also a legal duty to provide timely pre-tariff expiry hearings for indeterminate sentenced prisoners who are looking to progress to open conditions.
Breach of these rights or legal duties may give a right to compensation. Prisoners who are serving indeterminate sentences whose parole hearings have been delayed may be eligible to make a claim for ‘damages’ (compensation) against the Parole Board.

• Prisoners who were released after a delayed hearing need to show that it is more likely than not that they would have been released if their hearing had happened on time.
• Prisoners who were not released after a delayed hearing may still be entitled to compensation if their hearing was delayed by three months or more and they (or their legal representatives) did not cause the delay.
• Prisoners who were recommended for open conditions at their pre-tariff hearing may be entitled to compensation if their hearing was delayed and they (or their legal representatives) did not cause the delay. It is likely that they will need to show that the hearing was delayed by three months or more.
Claims for compensation for breaches of the Human Rights Act will normally need to be made within one year of the parole decision letter.
Legitimate claims will usually be settled by the Parole Board without the need for court proceedings.
Olliers will advise prisoners and ex-prisoners who believe that they have a legitimate claim for damages to pursue their claim and will assist them to do so. They should write to the Prison Law Department, Olliers, Freepost NEA13621, Manchester, M3 9ZL www.olliers.com
 Inside Times


Frances Ctook The manifest injustice of the IPP
The Chair of the Parole Board, Nick Hardwick, suggested this week that the people serving indeterminate sentences should be released once their tariff has expired unless it can be proved they continue to be a risk. This is a reversal of the current burden of proof that requires people to prove they are safe.
This is a sensible, level-headed and just reform. We cannot continue to incarcerate thousands of people because of something they might do. It is manifestly unfair and it is causing chaos inside prisons as people are caged for years past the date they expected to be released with no end in sight.

It is extremely hard to prove you are safe to be released when you are in prison. Compliance does not necessarily imply that people will adjust well in the community. Indeed, it could be argued that people who challenge the system may be more likely to face up the exigencies of life outside.
I am pleased that efforts are being made to remedy the manifest injustice of the IPP by easing people through prison more quickly. But, and this is a very big but, there is a ticking time bomb that has yet to be dealt with.
People sentenced to an IPP are recorded on the prison computer as having a 99-year sentence because they are subject to a life licence. When they are released they are on licence for life but they are able to request that the licence is lifted after ten years. So far, no one has done this.

People released from an IPP are being recalled to prison under these administrative powers. The figures published yesterday show that 410 IPPs have been recalled to prison in the last 12 months alone.
I met with David Blunkett last week. You will recall that he was the Secretary of State who introduced the IPP. He has publicly admitted that what happened was not what he intended and far too many people were caught in the net.

He has agreed to support a call from the Howard League to get rid of the life licence and to have instead a fixed period of supervision of two years, with the possibility of a further year if the Secretary of State deems it is required for public safety.
The iniquitous element of the IPP is the uncertainty. People are languishing in prison for years with no idea of when they may be released and this uncertainty is replicated when they are eventually released as they face the possibility of being recalled to prison at any time because they behaviour is deemed ‘risky’. This could mean a man going to the pub with friends when the original offence, committed maybe a decade ago when the he was in his twenties, involved alcohol.
When Parliament comes back in the autumn we will be working with David Blunkett and government to get this change.https://www.gov.uk/government/news/statement-on-ipp-prisoners-from-parole-board-chairman
http://howardleague.org/blog/the-manifest-injustice-of-the-ipp/#comment-180


  It is unfair that there are still 4,000 men on IPP sentences in prison,educating the world outside prison about the situation inside. After so many years at the PRT Juliet is not leaving the prison scene altogether. She will be chair of the Independent Advisory Panel on Deaths in Custody. Her simple aim is to advise the government how to reduce deaths in prison?
She admits that times are ‘dreadfully depressing’ with budget cuts impacting at every level. Particularly shocking are the rates of suicide and self-harm. She says,she regrets the new rules on ROTL which has made it harder for men to work outside prison. The Prison Reform Trust itself used to have men and women working for them on release and now has only one. She promises the PRT is ‘working hard to see if the restrictions can be lifted.’It is to Juliet’s great credit that she has never lost sight of the ordinary men and women and their families who suffer from our inadequate, sometimes punitive system.‘Unfairness’ is a weighty word.
  • Serious assaults in prison have more than doubled in the last three years;
  •  Rates of self-harm are at the highest level ever recorded;
  •  Emergency services were called out more than 26,000 times to UK prisons in 2015;
  •  Greater use of long custodial sentences accounted for 66% of the rise in population between 1993 and 2012;
  •  Increasing numbers of people don’t know if, or when, they might be released;
  • 21,755 people were held in overcrowded accommodation on average in 2014-15 – more than a quarter of the prison population. The majority were doubling up in cells designed for one;
  •  The discharge grant has remained fixed at £46 since 1997.
http://www.insidetime.org/educating-the-world-outside-prison-about-the-situation-inside-2/






Bromley Briefings Summer 2016. Prison: the facts / IPP

Facts and figures provide a better basis than opinion for policy and practice change. Drawn largely from government sources, these facts chart the extraordinary rise in prison numbers over the last twenty years, inflation in sentencing and the social and economic consequences of overuse of custody. They reveal the state of our overcrowded prisons and the state of people in them, the impact of deep budget cuts, the pace and scale of change in the justice system and the scope for community solutions to crime.
On 17 June 2016, the prison population in England and Wales was 84,405. 1 Since 1993 the prison population in England and Wales has increased by more than 41,000 people, a 92% rise. 2 People in prison, prisoners and staff, are less safe than they were five years ago. More prisoners were murdered, killed themselves, self- harmed and were victims of assaults. 3 290 people died in prison in the 12 months to March 2016, the highest number on record. Over a third of these deaths were self-inflicted. 
4 There were six homicides in prison in the 12 months to 2016, the highest number on record. 5 Serious assaults in prison have more than doubled in the last three years. There were 2,197 serious prisoner on prisoner assaults and 625 serious assaults on staff in 2015. 6 Sexual assaults have more than doubled since 2011.
There were 300 recorded assaults in 2015. 7 The National Tactical Response Group, a specialist unit assisting in safely managing and resolving serious incidents in prisons responded to over 400 incidents in 2014–15. 8 Emergency services were called out more than 26,600 times to incidents in UK prisons in 2015. 9 There has been a 57% increase in the number of fires in prison in the past year. There were 1,935 fires in 2015—an average of more than 160 a month. 
10
Rates of self-harm are at the highest level ever recorded. There were 32,313 self-harm incidents in 2015—a nearly 40% rise in just two years. 11 People serving the indeterminate sentence for public protection (IPP) have one of the highest rates of self-harm in prison. For every 1,000 people serving an IPP there were 550 incidents of self-harm. This compares with 324 incidents for people serving a determinate sentence, and is more than twice the rate for people serving life sentences. 12 Women accounted for 23% of all incidents of self-harm in 2015 despite representing just 5% of the total prison population.
This has fallen sharply since 2011 when women accounted for over a third of all incidents, and reflects a sharp rise in incidents amongst men. 13 The Prisons and Probation Ombudsman found that in 39 deaths in prison between June 2013 and June 2015, the prisoner was known, or strongly suspected, to have been using new psychoactive substances before their deaths.
14 448 young people aged 15–24 have died in prison in the last 20 years. 87% of these deaths were classified as self-inflicted. 15 The number of deaths from natural causes has nearly doubled in less than a decade.
167 people died of natural causes in the 12 months to March 2016, a 12% increase on the previous year. 16 The average age of people dying from natural causes in prison between 2007 and 2010 was 56 years old. 17
Prison population and sentencing trends Use of custody Between 1993 and 2015 the prison population in England and Wales increased by more than 41,000 people, a 92% rise. 18 England and Wales have the highest imprisonment rate in Western Europe, locking up 147 people per 100,000 of the population. Scotland has a rate of 143 per 100,000 and Northern Ireland 78 per 100,000. 19 On 17 June 2016, the prison population in England and Wales was 84,405. 
20 Scotland’s prison population was 7,678 and on 10 June Northern Ireland’s prison population was 1,521. 21 Prison has a poor record for reducing reoffending—46% of adults are reconvicted within one year of release. For those serving sentences of less than 12 months this increases to 60%. Over two-thirds (68%) of under 18 year olds are reconvicted within a year of release. 22 According to the National Audit Office, there is no consistent correlation between prison numbers and levels of crime. 23 International comparisons also show there is no consistent link between the two rison sentences are getting longer.
 The average prison sentence is now more than three months longer than ten years ago—16.2 months. For more serious, indictable offences, the average is 56.8 months—18 months longer than a decade ago. 25 Greater use of long custodial sentences accounted for 66% of the rise in the prison population between 1993 and 2012. The number of people serving sentences of four years or more, including indeterminate sentences, increased by 26,600. 26 They now account for nearly three in five (56%) sentenced prisoners. 27 Short prison sentences are less effective than community sentences at reducing reoffending.
28 Despite this, nearly half (48%) of all people entering prison under sentence are serving a sentence of six months or less. 29 Life and indeterminate sentences Increasing numbers of people in prison don’t know if, or when, they might be released. Indeterminate sentences account for 16% of the sentenced prison population, up from 9% in 1993. 30 11,505 people are currently serving indeterminate sentences. 64% are serving a life sentence (7,372) while the remaining 36% (4,133) are serving an Indeterminate sentence for Public Protection (IPP). 31
Four-fifths (81%) of people serving an IPP sentence are still in prison despite having passed their tariff expiry date—the minimum period they must spend in custody. 32 People were held for 44 months beyond tariff on average —however many still in prison will have been held for considerably longer. 33 The rate of release for IPP prisoners has increased in the past year. In 2015 for every 1,000 people serving an IPP sentence 121 were released.
34 England and Wales have more than twice as many people serving indeterminate sentences than France, Germany and Italy combined—the highest in Europe by a significant margin. 35 People serving mandatory life sentences are spending more of their sentence in prison. On average they spend 17 years in custody, up from 13 years in 2001. 36 Lifers continue to serve their sentence on release from prison for the rest of their lives. They are subject to monitoring and restrictions and can be returned to custody at any point if they break the terms of their licence. There are currently 54 people serving a whole life sentence—they are unlikely to ever be released. 
3
People remanded to custody to await trial are innocent until proven guilty. 40,458 people were sent to prison before their trial in 2015. 38 Three-fifths (60%) of people entering prison on remand awaiting trial are accused of non-violent offences. 17% were for theft offences, and 10% for drug offences. 39 People on remand currently make up 12% of the total prison population—10,066 people. The majority are awaiting trial (68%), whilst the rest await sentencing. 40 Two in every five self-inflicted deaths in 2015 were by prisoners held on remand . 
41 One in ten people (10,897) remanded in custody were subsequently acquitted. A further 15% of people (15,564) received a non-custodial sentence. 42 People spend an average of just over 10 weeks in custody whilst on remand. 43 However, some may be held considerably longer. Remand prisoners receive no financial help from the Prison Service at the point of release. 44 Those acquitted receive no compensation
Performance and outcomes Reoffending Prison has a poor record for reducing reoffending —46% of adults are reconvicted within one year of release. For those serving sentences of less than 12 months this increases to 60%. 45 48% of women leaving prison are reconvicted within one year . 46 For women who have served more than 11 previous custodial sentences, the reoffending rate rises to 77%. 47 Over two-thirds (68%) of under 18 year olds are reconvicted within a year of release. 48 Short prison sentences are less effective than community sentences at reducing reoffending. People serving prison sentences of less than 12 months had a reoffending rate seven percentage points higher than similar offenders serving a community sentence—they also committed more crimes. 49 Reoffending by all recent ex-prisoners costs the economy between £9.5 and £13 billion annually. As much as three quarters of this cost can be attributed to former short-sentenced prisoners: some £7–10bn a year
Release on temporary licence (ROTL) In 99.95% of cases ROTL is completed successfully. 51 In 2012, just 26 cases involved the prisoner being arrested on suspicion of committing an offence. 52 Despite this, new restrictions on ROTL have seen a 37% drop in its use in the last two years. At the time restrictions were introduced the success rate was 99.93%. 
53 Almost two-thirds (65%) of voluntary and private sector providers of ROTL placements surveyed said they had seen a decrease in ROTL —with some organisations reporting that their ROTL placements had “completely stopped” or become “almost impossible”. 54 During 2014–15, there were a total of 1,273 people, on average only 368 per month, working out of the prison on licence. 55 They paid £246 per month on average to the Prisoners’ Earnings Act levy—the equivalent of nearly 30% of their net earnings. 56
Prison service resources and staffing The National Offender Management Service (NOMS) has reduced its budget by nearly a quarter since 2010–11. Between 2010–11 and 2014–15 it delivered cumulative savings of almost £900m. 
57 NOMS has a savings target of a further £91m for 2015–16. 58 The cost of a prison place reduced by 18% between 2009–10 and 2014–15. The average annual overall cost of a prison place in England and Wales is now £36,259. 59 The daily prison food budget within public sector prisons for 2014–15 was £2.02 per person. 60 There are now fewer staff looking after more prisoners. The number of staff employed in the public prison estate has fallen by 30% in the last six years—13,720 fewer staff looking after nearly 450 more people. 61 Staff shortages have required the use of detached duty. During June 2015, there were 270 people deployed to a different prison to ensure that there was a safe number of staff. 62
vercrowding The prison system as a whole has been overcrowded in every year since 1994. 63 Overcrowding affects whether activities, staff and other resources are available to reduce risk of reoffending. At the end of May 2016, 74 of the 118 prisons in England and Wales were overcrowded. 64 21,755 people were held in overcrowded accommodation on average in 2014–15—more than a quarter of the prison population. 
The majority were doubling up in cells designed for one. 65 Private prisons have held a higher percentage of their prisoners in overcrowded accommodation than public sector prisons every year for the past 17 years. 66 By June 2020 the prison population is projected to reach 89,600. 67 Treatment and conditions The proportion of prisons whose performance is “of concern” or “of serious concern” almost doubled from one in eight (13%) in 2012–13, to one in four (24%) in 2014–15. 68 Prisons are getting bigger. 48% of prisoners are now held in prisons of 1,000 places or more. 6
Nearly 8,700 prisoners are working in the public prison estate, and a further 2,700 are working in private prisons. In 2014–15 they worked a total of 14.9 million hours. 70 People in prison—a snapshot Men represent 95% of the prison population in England and Wales. Unless otherwise stated, references to people in prison largely concern men. Children and young adults The number of children (under-18s) in custody has fallen by 71% in the last eight years. 71 They are also committing fewer crimes—with proven offences down by 71% from their peak in 2006. 
72 At the end of March 2016 there were 882 children in custody in England and Wales. 33 children were aged 14 or younger. 73 29% of children in custody in 2014–15 were there for non-violent crimes. 74 Fewer than 1% of all children in England are in care, 75 but they make up over half (52%) of children in secure training centres and almost two-fifths (38%) of children in young offender institutions.
76 One in five children in custody surveyed reported that they had learning difficulties. 77 Three-quarters of children in prison had an absent father, one-third had an absent mother. Two-fifths had been on the child protection register or had experienced neglect or abuse.
 78 Use of restraint on children is increasing. In 2015 there were 28 incidents of restraint per 100 children in custody, up from 18 in 2010. 79 There were 429 injuries reported as a result of restraint in 2015. 80 Assault rates amongst children in custody are rising. In 2015 there were 16 assaults per 100 children in custody, up from 9 in 2010.
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4,668 young adults (aged 18–20) are currently in prison in England and Wales. 82 There are now 43% fewer young adults in prison in England and Wales than in 2011. 83 The minimum age that a person can be prosecuted in a criminal trial in England, Wales and Northern Ireland is 10 years. This compares to 12 years in Canada, 13 years in France, 14 years in Germany and China, and 15 years in Sweden.
In Scotland the age of criminal responsibility is eight years, but the minimum age for prosecution is 12. 84 Women The number of women in prison nearly trebled between 1993 and 2005. Numbers have started slowly to reduce, but there are still 1,900 more women in prison today than there were twenty years ago. 85 On 17 June 2016 there were 3,861 women in prison in England and Wales. 86 8,818 women entered prison in 2015. 45% of them first entered prison on remand.
Most women entering prison under sentence (85%) have committed a non-violent offence. 42% entered custody under sentence in 2015 for theft and handling stolen goods. 88 Most women entering prison serve very short sentences. 61% of sentenced women entering prison in 2015 were serving six months or less. 89 In 1993 only a third of women entering custody were sentenced to six months or less.
90 53% of women in prison reported experiencing emotional, physical or sexual abuse as a child, compared to 27% of men. 91 46% of women in prison report having suffered a history of domestic abuse. 92 Prisoners’ families More than double the number of children are affected by parental imprisonment than divorce in the family. 93 Approximately 200,000 children in England and Wales had a parent in prison at some point in 2009. 94 It is estimated that in 2010 more than 17,240 children were separated from their mother by imprisonment.
Between 13–19% of women in prison are estimated to have one or more dependent children. 96 Parental imprisonment approximately trebles the risk for antisocial or delinquent behaviour by their children. 97 Over half (54%) of prisoners interviewed had children under the age of 18 when they entered prison. The vast majority felt they had let their family down (82%). 98 40% of prisoners said that support from their family, and 36% said that seeing their children, would help them stop reoffending in the future. 99 Women are often held further away from their families, making visiting difficult and expensive. The average distance is 60 miles, but many are held considerably further away. 
100 Foreign national prisoners The term ‘foreign national prisoner’ encompasses many different people. They may have come to the UK as children with parents, or be second generation immigrants; they may be asylum seekers or been given indefinite leave to remain as a refugee; they could be European nationals; those who have entered the UK illegally or were in the UK as students, visitors or workers who have got involved in the criminal justice system. Foreign nationals (non-UK passport holders) currently make up 12% of the prison population in England and Wales. 
On 31 March 2016 there were 9,971 foreign nationals in prison. 101 Foreign national prisoners come from 166 countries, but over half are from nine countries (Poland, Ireland, Romania, Jamaica, Albania, Lithuania, Pakistan, Somalia and India). 102 Nearly half (49%) of foreign nationals serving a sentence in prison are there for non-violent offences. 
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Currently 13% of women in prison are foreign nationals 104 —some of whom are known to have been coerced or trafficked into offending. One in ten foreign national women serving a sentence in prison are there for fraud and forgery offences (usually possession of false documents), and nearly one in three (31%) are there as a result of drugs offences. 105 More than 29,000 foreign national offenders have been removed from the UK since 2010. 106 418 people were in prison held solely under immigration powers on 4 January 2016. 107 Minority ethnic prisoners 26% of the prison population, 21,879 people, are from a minority ethnic group.
108 This compares to 14% of the general population. 109 One in 10 British prisoners are black and 6% are Asian. 110 For black Britons this is significantly higher than the 2.8% of the general population they represent. 111 According to the Equality and Human Rights Commission, there is now greater disproportionality in the number of black people in prisons in the UK than in the United States. 112 The number of Muslim prisoners has more than doubled over the past 13 years. In 2002 there were 5,502 Muslims in prison, by 2016 this had risen to 12,543. They now account for 15% of the prison population. 113 Muslims in prison are far from being a homogeneous group. Some were born into Muslim families, and others have converted. 41% are Asian, 31% are black, 14% are white and 8% are mixed. 
114
Black and minority ethnic and Muslim prisoners often report more negatively about their experience in prison and relationships with staff. Fewer said they felt safe on their first night or at the time of the inspectorate’s survey; fewer had a member of staff they could turn to for help, and more said they had been victimised by staff. 115 4% of prisoners say they are Gypsy, Romany or Traveller. 116 However, “there is evidence of a possible reluctance by many prisoners to identify themselves as such.”
117 Older people With prison sentences getting longer, people are growing old behind bars. People aged 60 and over are the fastest growing age group in the prison estate. There are now nearly triple the number there were 15 years ago. 118 People aged 50 and over currently make up 15% of the prison population. There are 12,577 people aged 50 and over in prison in England and Wales—4,373 are aged 60 and over. 119 On 30 June 2015 there were 134 people in prison aged 80 and over. 123 were sentenced when they were over the age of 70.
 12% of men in prison aged over 50 have been convicted of sex offences. The next highest offence category is violence against the person (25%) followed by drug offences (11%). 121 As the prison population ages, more prisoners will die of natural causes while in prison. 113 people aged 50 or over died of natural causes whilst in prison in 2015—more than double the number a decade ago. 122 Disability and health Disability 36% of prisoners are estimated to have a physical or mental disability. 
This compares with 19% of the general population. 123 18% of people in prison are estimated to have a physical disability. 124 People with learning disabilities and difficulties 20–30% of people in prison are estimated to have learning disabilities or difficulties that interfere with their ability to cope with the criminal justice system. 125 However, inspectors found that the system is failing to identify people with learning disabilities and difficulties adequately.
Nearly a third (32%) of people assessed in prison said they had a learning disability or difficulty. 127 23% of children in custody have very low IQs of below 70, and a further 36% have an IQ between 70–80). 128 Four-fifths of prisoners with learning disabilities or difficulties report having problems reading prison information—they also had difficulties expressing themselves and understanding certain words. 129 Independent inspectors found that “little thought was given to the need to adapt regimes to meet the needs of prisoners with learning disabilities who may find understanding and following prison routines very difficult.”
130 Prisoners with learning disabilities or difficulties are more likely than other prisoners to have broken a prison rule; they are five times as likely to have been subject to control and restraint, and around three times as likely to report having spent time in segregation. 131 The government has invested £75m in liaison and diversion services in police custody suites and the criminal courts, leading to 53% population coverage across England. Full roll out of services has yet to be announced. 
Prisoners with learning disabilities or difficulties were almost three times as likely as other prisoners to have clinically significant anxiety or depression, and most were both anxious and depressed. 132 Mental health 26% of women and 16% of men said they had received treatment for a mental health problem in the year before custody. 133 25% of women and 15% of men in prison reported symptoms indicative of psychosis. 134 The rate among the general public is about 4%. 135
6% of women prisoners report having attempted suicide at some point in their lives. This is more than twice the rate of male prisoners (21%) and higher than in the general UK population (6%). 136 Suicide rates are significantly higher in custody than amongst the general population. In 2015 the rate of self-inflicted deaths amongst the prison population was 120 per 100,000 people, amongst the general population it is 10.8 per 100,000 people. 137 70% of people who died from self-inflicted means whilst in prison had already been identified with mental health needs.
 However, the Prisons and Probation Ombudsman (PPO) found that concerns about mental health problems had only been flagged at reception in just over half of these cases.
138 The PPO’s investigation found that nearly one in five of those diagnosed with a mental health problem received no care from a mental health professional in prison. 139 71% of transfers from prison to secure hospitals under the Mental Health Act between April to September 2015 took more than 14 days, the Department of Health’s expectation. 140 9,093 people have been referred for mental health treatment since the start of liaison and diversion services in England. 
13% were detained under the Mental Health Act and 3% were admitted to a mental health hospital. 141 Drugs Former Chief Inspector of Prisons, Nick Hardwick has said that new psychoactive substances (NPS) are now “the most serious threat to the safety and security of jails”. 142 They are a source of debt and associated bullying as well as a threat to health. 143 There were 851 recorded seizures of NPS in prison during October and November 2015. 144 The Prisons and Probation Ombudsman found that in 39 deaths in prison between June 2013 and June 2015, the prisoner was known, or strongly suspected, to have been using NPS before their deaths.
9% of prisoners reported that they had been pressured to give away their prescribed medication. 146 7% of men and 7% of women in prison reported that they had developed a problem with diverted medication. 147 Levels of drug use are high amongst offenders, with highest levels of use found amongst most prolific offenders. 64% of prisoners reported having used drugs in the four weeks before custody. 148 15% of men and women in prison are serving sentences for drug offences. 149 66% of women and 38% of men in prison report committing offences to get money to buy drugs. 150 Nearly half of women in prison report having committed offences to support someone else’s drug use. 
151 Reconviction rates more than double for prisoners who reported using drugs in the four weeks before custody compared with prisoners who had never used drugs (62% vs. 30%). 152 Alcohol In almost half (47%) of all violent crimes the victim believed the offender or offenders to be under the influence of alcohol. 153 70% of prisoners surveyed said that they had been drinking when they committed their offence. 38% of people surveyed in prison believed that their drinking was a big problem. 154 Men and women in prison who reported drinking daily had an average of 20 units per day. This was equivalent to drinking four bottles of wine or ten pints of beer in a single day. 
155ocial and economic disadvantage Education and skills Following a review of prison education by Dame Sally Coates, prison governors will be given control over their education budgets, the power to change providers, and be held to account for their educational outcomes. 156 42% of prisoners had been expelled or permanently excluded from school. 157 Half (51%) of people entering prison were assessed as having literacy skills expected of an 11 year old 158 — over three times higher than in the general adult population (15%). 
159 Purposeful activity includes education, work and other activities to aid rehabilitation whilst in prison. However, purposeful activity outcomes are at the lowest level inspectors have ever recorded— they were only good or reasonably good in around a quarter of prisons. 160 Prison education standards are deteriorating. Almost three-quarters of prisons inspected by Ofsted were judged as requiring improvement or inadequate for learning and skills.
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nspectors said that “prison regimes did not give sufficient priority to education and training as a means of reducing reoffending or rehabilitating offenders”. 162 The number of people achieving level 1 or 2 qualifications (GCSE level) has plummeted— falling by 37% in English and 34% in Maths between the 2011–12 and 2014–15 academic years. 163 The number of people in prison studying for an Open University degree has fallen by 37% since 2010. 164 Prisoners who had attend vocational training in prison are more likely to secure employment shortly after release 165 —a view endorsed by Ofsted.
166 Housing and employment 15% of newly sentenced prisoners reported being homeless before custody —9% were sleeping rough. 167 11% of prisoners released from custody in 2014– 15 had no settled accommodation. 168 Inspectors have said that the figures are “misleading” as “they do not take into account the suitability or sustainability of the accommodation.” 169 A third of prisoners reported being in paid employment in the four weeks before custody. 13% reported never having had a job.
 170 Just over a quarter (27%) of people had a job on release from prison in 2014–15. 171 Outcomes for women are significantly worse than for men, with fewer than one in 10 women entering employment on release. 1
Just 16% of people leaving prison and referred to the Work Programme have found a job which they have held for six months or more. 173 Of these, a third have subsequently gone back to Jobcentre Plus. 174 The Prime Minister announced that the Civil Service will Ban the Box —removing the need to disclose unspent convictions at the initial job application stage. 175 Only 12% of employers surveyed said that they had employed somebody with a criminal record in the past three years. One in five employers said they either did or were likely to exclude them from the recruitment process. 176 Financial exclusion Almost three-quarters of prisoners surveyed said finance, benefits and debt were a very significant need on release—second only to accommodation.
177 The discharge grant has remained fixed at £46 since 1997. Thousands of prisoners are ineligible, including those released from remand, fine defaulters and people serving less than 15 days. 178 People released from prison are more likely to be claiming benefits than other ex-offenders. More than half of people released from prison were claiming out-of-work benefits one month afterwards, with two-fifths still claiming benefits two years after release.
A third of prisoners reported that they did not have a bank account; of whom 31% had never had one. 180 Two-thirds of families said their debts had increased since the imprisonment of their relative. The same proportion of former prisoners felt that their debts had worsened during their sentence.
181 More than four in five former prisoners surveyed said their conviction made it harder to get insurance and four-fifths said that when they did get insurance, they were charged more. The inability to obtain insurance can prevent access to mortgages and many forms of employment or self- employment. 182 Community solutions to crime 78% of unpaid work requirements were successfully completed from April to December 2014 —the highest proportion to date. 183 However, use of community sentences has nearly halved (44%) in the past decade. 
184 85% of victims and 80% of offenders surveyed as part of a government funded £7m seven year research programme were either ‘very’ or ‘quite’ satisfied with their restorative conference. 185 27% fewer crimes were committed by offenders who had experienced restorative conferencing, compared with those offenders who did not. 1
IPP PETITION
https://you.38degrees.org.uk/petitions/free-the-remaining-ipp-prisoners?source=facebook-share-button&time=1457618246
LINKS
https://www.theguardian.com/commentisfree/2016/jul/28/liz-truss-brave-release-prisoners-indefinite-sentences
http://www.bbc.co.uk/news/uk-36889768
 http://www.lawgazette.co.uk/practice/top-firms-wary-of-goves-richest-pay-plan/5049642.article

Thursday 28 July 2016

Doctors are 'failing to spot Asperger's ' The same failures are in the prison system. To understand or recognized behaviors of those with differences leads to longer sentences and a constant recall trap.. Reverse recalls to go before a judge who can weigh up facts before enacted accept in the case of reoffending.



"Havoc caused by a pre-occupation with the word risk.  The word risk is a  contradiction by the  government that let,s out  prisoner every single day."





Those with Dyslexia Dyspraxa Adhd Asperger's Autism or other are not getting the accommodation or support to go forward in the system moreover there are human rights violation and this needs to be challenged as they have been unable to go forward through the system no fault of there own. 
Lets first start by defining the term vulnerable of a person) in need of special care, support, or protection because of age, disability, or risk of abuse or neglect:
A person in need of special care, support or protection. For the purposes of this article we will be referring to those who have a Specific Learning Difficulty such as Dyslexia, Dyscalculia and those who have or suspected of having a Nuerodevelop mental Condition such as Asperger’s Autism.

Attending a  Hearings seeing  psychologist in Prison make heavy demands on language skills – both receptive and expressive – and require an ability to process information reasonably quickly and efficiently. Reliable memory, sequencing abilities and concentration are also necessary. All these areas fall within the profiles associated with Specific Learning Difficulties.
Vulnerable people also  include those who are young, those who have experienced trauma, those with autism spectrum disorder, attention deficit (hyperactivity) disorder ADHD, ADD, mental health needs, specific learning difficulties and deafness, as well as older people and those with physical disabilities or health conditions which may negatively affect their ability to effectively participate in the trial process.

Dyslexia identified as a disability as defined in the Equality Act 2010. Dyslexia and related Specific Learning Difficulties are the most common disability to be encountered in the Justice System. As ‘Hidden Disabilities’ they are the least understood and can give rise to significant disadvantages in  legal settings, even leading to miscarriages of justice.

 Dyslexia ADHD/ADD. Signs of Attention Deficit (Hyperactivity) Disorder include inattention, restlessness, impulsivity, erratic, unpredictable and inappropriate behaviour, blurting out inappropriate comments or interrupting excessively. Some people come across unintentionally as aggressive. Most fail to make effective use of feedback. Behaviour is often misinterpreted and misunderstood. There are three main difficulties called the Triad of Impairments.

The impact of specific learning difficulties Prison  setting.
The following problem areas have been reported by people with Specific Learning Difficulties who have experience of court or tribunal proceedings:

  • A build up of stress, due to long delays at the hearing
  • Impossibility of following the cut and thrust of court exchanges
  • difficulty coping with oblique, implied and compound questions
  • difficulties giving accurate answers relating to dates, times or place name
  • problems providing consistent information on sequences of actions
  • inability to find the place in a mass of documentation, as directed
  • coping with a room full of strangers in unfamiliar settings
  • maintaining concentration and focus
  • an experience of sensory overload from the lights, bustle and distractions.

In addition, concerns were expressed about how their behaviour might be perceived:

inconsistencies would imply untruthfulness; failure to grasp the point of a question could come across as evasive; lack of eye contact could be mis-interpreted as being ‘shifty’ and an over-loud voice might be regarded as aggressive. The overriding worry was that a loss of credibility would occur when they did not ‘perform’ as expected.


 If you have a confirmed diagnosis or are suspected of having these conditions you need to make your legal team aware at the earliest stages and look a possibility  having a disability solicitor and barrister which you can have both for specialist cases such as IPP . You you would think that prisoners would want to  inform all all concerned  however if you ask prisoners and from my experience they  would say I want go down that road because it is well documented that you spend longer in prison and  in fact double the time than person without a disability , blatant discrimination. Informing  prison or other  agency's  since it make no  differences  because they have  little or no  training and are not able  recognize someone with a disability  .Those making juging at PAROLE HEARING may not be aware of your difficulties as this makes you vulnerable.
To be able to fully participate in  a hearing they must make reasonable adjustments,  making sure you never get out!

Informing prison of a disability may land you in a discrimination case little or no  accesses to offending behaviour courses because of your disability dyslexia Asperger's Autism etc.
Disabled prisoner victory 12 October 2009. Victory in prisoner disability discrimination case forces Prison Service rethink on disability issues 28 January 2008.https://www.leighday.co.uk/Asserting-your-rights/Human-rights/Prisoner-rights/Prisoners-and-discrimination

Recall washing machine
 
Hundreds  of IPP prisoners with these differences are faced with the plight of RECALL and of the vulnerable parents unable to pay the cost appeal since there is "no legal aid" .
Those with these types of differences have frequent difficulties with time keeping , misunderstanding ,getting the date and time wrong, turn up on wrong day get the tine wrong, missing appointments but continual being recalled for silly reasons. more leeway needs given for those with differences s AND training for all staff working with those who have nor-logical difficulties. Parole officers seem to work a system if your face fit or they like you I don't see a "fare system " in place that accommodates those who have neurological disability 25% leeway as a result of difficulties they have. yes im aware it a long processes   before you can be recalled but neurological differences  don't go away they are repetitive, has there been  fairness it clearly shows not. Often you may not be aware a person has a disability and my teachers in a sevay said they would not be able to recognise a person with a hidden disability and they work with children all day. 
 Recall  
  • Fairer system for all, one way does not work for all 
  • Recall to go before a judge. Magistrate who can independently weigh up facts before enacted(accept in the case of a further obvious offence.  
  • A licence can be challenged once in the community bearing in mind no legal aid for this now.
People with a learning disability are individuals first and foremost and each has a right to be treated as an equal citizen…courts or prison must take all steps possible to ensure that people with a learning disability are able to actively participate in decisions affecting their lives.

Too narrow a focus the prisons accompanying failure to address his’ needs arising from their disability which might impact adversely on the length of sentence.
Prisons must also take steps to ensure there are no barriers to justice within the process itself. That staff must recognise those with learning disabilities need extra time with solicitors so that everything can be carefully explained to them…The process necessarily has to be slowed down to give such parents a better chance to understand and participate.

All parts of the Family justice system should take care as to the language and vocabulary that is utilised

The hearing judge or other should conduct a case management hearing to identify his difficulties and what reasonable adjustments he needs and who will assist him in parole. Failure to make reasonable adjust leading to a longer sentence. Failure to deal with his cognitive deficits and vulnerabilities. It has been widely know  those with disabilities spend double the time in prison and more and this practice must end. A solicitors  must be able to assist client but  often many solicitors are failing them or not advising correctly. solicitors to are expected to make reasonable adjustments to remove barriers for people with disabilities.

""""The basic principle is that if you come under the category of vulnerable when in prison you are entitled to a fair hearing. Article 6 of the human rights act is the right to a fair hearing. The right to a fair trial is fundamental to the rule of law and to democracy itself.""""

You are entitled to reasonable adjustments so that you are able to fully participate during the hearing.
You are entitled to a registered intermediary to assist you throughout the hearing. poor memory poor processing visual-spatial organization, receptive and expressive language, phonology, attention, Hearing impairmen auditory processing disorders known as brain deafness different from a hearing deafness, complex process—picking up sound and attaching meaning to it.


You have to have normal intelligence to have Dyslexia below is handicap so they are kept back from those who misunderstand as those with dyslexia can came across as been evasive and this in see written in the physiologist resorts staff and in hearing displaying they are not experienced enough or able to spot that its not being evasive there trying to recall this is p[art of the disability poor memory to recall in time  without looking as though your bee evasive.

Court hearings make heavy demands on language skills – both receptive and expressive – and require an ability to process information reasonably quickly and efficiently. Reliable memory, sequencing abilities and concentration are also necessary. All these areas fall within the profiles associated with Specific Learning Difficulties.

 impact of specific learning difficulties in a Probation setting or visiting a physiologist 


In addition, concerns were expressed about how their behaviour might be perceived: inconsistencies would imply untruthfulness; failure to grasp the point of a question could come across as evasive; lack of eye contact could be mis-interpreted as being ‘shifty’ and an over-loud voice might be regarded as aggressive. The overriding worry was that a loss of credibility would occur when they did not ‘perform’ as expected.


 Devastating  failings
It is a well documented  those with  disabilities spend double the time in prison than then there counter parts and you have to ask yourself why?  it is not an  excuse to say i have little or know  knowledge of a those disability when you are not qualified in making  reports that are effect others life,s and outcome. 
 First you must have understand  are they  discriminating but not having the want know what accommodations to give them and are failing them going forward. i have received hundreds of emails from family of those with and without differences  being held for 10... years denied  accommodation these examples needs a full investigation.

Despair, caused by the fact that thousands of vulnerable people have been denied access to legal aid and leaving them open to abuse and injustice. Despair, knowing that new legal aid cuts will discriminate against many, many more. Finally, despair and panic because of the lasting damage such measures were likely to leave behind.
Reverse recalls to go before a judge who can weigh up facts before enacted accept in the case of re offending. This will be a fairer system for all. probation often recalls those with disablitys such  as Asperger Autism repeated behavior they cant help and those with dyslexia and dypraxia nor-logical problems forgetting the day and inconstancys  repeated failing they cant help.
katherine Gleeson Founder of Dyslexia group increase awareness and understanding https://www.facebook.com/groups/bowde/


‘IPP is affecting mental health’
Emotionally and psychologically the IPP sentence is a form of torture. A study was once carried out on  one prisoner who had been held indefinitely without charge or trial at HMP Belmarsh’s infamous prison-within-a-prison, Upon Thames’ as it is known. The study found that it was the indeterminate nature of their incarceration which drove many insane, and some to take their own lives.Discrimination is part and parcel of IPP  the above.https://www.youtube.com/watch?v=B2sXwd_J4e8
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IPP INQUEST
Senior Coroner raises concerns about the unmet mental health needs of prisoners serving IPP sentence,.and has asked the Prisons Minister to take action to prevent future deaths.Coroner Peter Dean heard the inquest into the death of Steven Trudgill, a 23 year old who died at HMP Highpoint. The inquest concluded on 24 May 2016, after two and a half weeks of evidence. Steven was found hanging in his cell by a prison officer...
 https://plus.google.com/+katherineGleeson/posts/7wxUTGRRLrq


The Guardian
IPP sentences are not reserved for the most heinous of offences – they apply to people convicted of robbery, threats to kill and ABH as well as other more serious sexual and violent offences. The unique feature of the sentence is that it is not just imposed for what someone has done in the past but for what they might do in the future. The majority of those still stuck in the system are the “difficult” – angry, inarticulate, addicted or learning disabled who have not been able to navigate the path to their release. They are usually young men or at least were when they got their sentence. Many have lost hope. The majority are not what most people would regard as dangerous.

Unjust


Disability discrimination
Disabled prisoner victory 12 October 2009. Victory in prisoner disability discrimination case forces Prison Service rethink on disability issues 28 January 2008.https://www.leighday.co.uk/Asserting-your-rights/Human-rights/Prisoner-rights/Prisoners-and-discrimination
https://www.citizensadvice.org.uk/Documents/Advice%20factsheets/Prisoners/p-discrimination-in-prison.pdf

Doctors are 'failing to spot Asperger's ' . The failure in prisons to understand or recognized  behaviors of those with differences  leads to longer sentences and constant recall trap.
https://www.theguardian.com/lifeandstyle/2009/apr/12/autism-aspergers-girls?CMP=share_btn_fb

Prisoners' Rights
www.fishermeredith.co.uk/site/personal/police-prison-law-solicitors/prisoner-rights/
Represent prisoners in a range of areas. ... Cases linked to visiting rights; Disability (on grounds of race, disability or other ... The nature of your issue will determine the approach we take.http://www.fishermeredith.co.uk/site/personal/police-prison-law-solicitors/prisoner-rights/

Specialist Legal help for everyone
http://www.scope.org.uk/Support/Disabled-people/local-advice/Legal-help
http://www.gov.scot/resource/doc/346993/0115487.pdf


Expert witness work | Dyslexia Assessment & Consultancy
www.workingwithdyslexia.com/legal-services/expert-witness-work/
Advise legal professionals on guidelines for accommodations which should be made for dyslexic people in court, as specified in the Judge's Equal Treatment ...

Protecting human rights
http://www.fishermeredith.co.uk/site/personal/police-prison-law-solicitors/human-rights-issues/


Information book for prisoners with a disability
Notice areas absent IPP AND DISABLITY ALONG WITH HUMANS RIGHTS YOU HAVE TO QUESTION ?
http://www.prisonreformtrust.org.uk/Publications/Publicationcategories/Learningdisabilities