Services

Prison Leaflet

YOUR RIGHTS WHILST YOU ARE IN PRISON

We at Jefferies Solicitors understand that being imprisoned creates a worrying time for you and your family.

Your involvement with Jefferies Solicitors does not necessarily end just because you have been sentenced to a period of custody.

We understand the difficulties you face and we can assist you.

Prisoners have rights and this leaflet aims to provide an overview of those rights. Whilst we take every care to ensure that our information is correct, you should not place reliance on this leaflet but if you are in any doubt, contact us on 01702-332311 and ask for Jason Bishop or Coral Fitzgerald. We will always do our best to assist you.

PRISONER'S RIGHTS AND PRIVILEGES

If you are being held on remand then depending on the category of prison you are in and the policy of the governor :-

Non-convicted prisoners can wear their own clothes, are entitled to association, entitled to more and longer visits, and are able to receive tobacco and food at visits. Non-convicted prisoners are also entitled to receive money through the post. Radios, sound systems, games and personal toiletries are allowed in cells.

If you are imprisoned following conviction:-

When imprisoned following conviction, there are four main areas of concern for inmates with which Jefferies can assist.

(1) Discipline

There are two discipline systems.

The first system derives from the Prison Rules which lists 29 potential offences against discipline. Committing any of those 29 offences risks an adjudication by the Governor, who will act as an Adjudicator. The burden of proof is on the Adjudicator to prove the offence. You will be given a form F1127 "Notice of Report." A Governor must first determine whether the charge is so serious that additional days should be added to your sentence.

If so, an adjudication against you can result in additional days being added to your sentence. This eats into the remission period of your sentence. If you face disciplinary action - do not delay - contact us immediately. If you run the risk of additional days being added to your sentence - you are entitled to independent legal advice. Speak to us immediately.

You may be entitled to legal advice even if you don't run the risk of additional days being added to your sentence. You should contact us if you are in any doubt.

The second discipline system is the Good Order and Discipline System. This is an informal system of discipline which can result in the loss of privileges or even segregation. Again, you should contact us if you have queries in this regard.

(2) Categorisation

Prison categorisation runs from category A, which is the highest security category through to category D, the lowest security category.

Categorisation is crucially important since it determines the type of regime, the extent of entitlement to privileges and the privileges themselves. Parole decisions also depend heavily on the security category of a prisoner.

The Prison Security Manual states that all prisoners should be in the lowest possible category appropriate to the risk posed at each stage of their sentence.

If you feel that you have been improperly categorised within the prison system then contact us - we will try to help you.

(3) Rights and Privileges and the Complaints Scheme

Rights

You have certain rights whilst you are in custody. A convicted prisoner is entitled to a minimum of two visits every four weeks. Telephone calls can be substituted for visits.

Rules state that a prisoner shall have the opportunity to spend time in the open air at least once every day (subject to weather and good order and discipline). The minimum is one hour per day.

Rules also stipulate that certain personal possessions can be retained. A prisoner is entitled, as a minimum, to a radio, writing materials and stamps and educational notebooks. In most circumstances, there will be further entitlements.

These are rights which can only be taken away in limited circumstances. Contact us if you feel that you have been treated unfairly.

Privileges

You should understand that privileges are different from rights. They are discretionary, which means that they do not have to be given to prisoners. However, most prisons are very keen to reward good behaviour and rehabilitation so it would be unusual if there were no privileges.

The Incentives and Earned Privileges Scheme (IEPS) has operated since 1995. This scheme arises from Rule 8 of the Prison Rules and specifically instructs Prison Governors to provide earnable privileges. These privileges vary from prison to prison. Each prison must publicise the local IEPS which must include both the key privileges and the local additions.

Under the IEPS the six 'key' privileges are:

• Access to private cash
• Extra and improved visits
• Community visits
• Enhanced earning schemes
• Wearing own clothes
• Association

The local additions vary between prisons.

It should be remembered that the above are privileges - not rights. Further privileges may apply but they can be taken away. Contact us if you are in any doubt as to your rights.

The Complaints scheme

Most complaints can be dealt with by the prison. Each wing should have complaint forms readily available and when completed should be placed in a sealed box. There is a time limit - complaints should be made within three months of the action complained about. If you are not satisfied with the outcome of the complaint - you can complain to the Prison and Probation Ombudsman. Contact us if you have any queries in this regard.

(4) Early Release

There are various methods by which you could be released early. These are statutory release on licence, temporary release on licence, early release on licence by way of parole.

Statutory release on licence depends on the length of your sentence. Release for sentences of less than four years takes place after half the sentence. For sentences of four years or more, the tariff is two-thirds of your total sentence.

Temporary release on licence is at the discretion of your prison governor. This includes the "Home Detention Curfew" provisions, which is available for prisoners serving between three months and four years. In order to be eligible for HDC, a risk assessment needs to be completed. A Home Detention Curfew Board will then consider matters and make a recommendation to the Governor.

Parole is available for long term prisoners who have reached their Parole Eligibility Date. This is a date half way through a long term prison sentence. If this applies to you, you should be informed about eligibility automatically and invited to apply for parole. If parole is refused you are entitled to a written decision in which you must be given the 'gist' of the reasons for refusal of parole. You can re-apply for parole periodically. Contact us directly if any of the above issues apply to you.

You have rights as a prisoner and we can assist. If you think we can help please telephone us and ask to speak to Jason or Coral. If we can assist, we will travel to you.

If for any reason you are having difficulties telephoning us, please write to us at: Courtway House, 129 Hamlet Court Road, Westcliff on Sea, Essex. SSO 7EW and we will respond to you as soon as possible.

Whilst Jefferies Solicitors have taken every effort to ensure that the information included in this leaflet is correct, no direct reliance should be placed upon it. We accept no liability for persons who place reliance upon this leaflet. If any of the issues discussed in this leaflet affect you, please contact us so that we can advise you further.

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