INSPECTION AND MONITORING

• WHY DO WE NEED INSPECTION AND MONITORING IN PLACES OF DETENTION? 

  • Public accountability. 
  • Closed environment.
  • Public attitudes. 
  • Supposed lack of credibility of detainee. 
  • Power imbalance of gaoler and prisoner. 
• PRISON INSPECTION IN THE UK HAS A LONG HISTORY

  • Long history of professional and volunteer visitors to places of detention.
  • Prison inspection dates back to 1800s.
  • But gradually absorbed by prison authorities. 
  • Criticism of lack of independence reached a crescendo after prison riots in 1970s. 
  • Independent inspectorate established 1982.
• OPTIONAL PROTOCOL TP THE CONVENTION AGAINST TORTURE 

  • UN adopted Convention Against Torture in 1984.
  • OPCAT - ratified in 2003.
  • Overseen by UN subcommittee on Prevention of Torture and other cruel, inhumane or degrading treatment or punishment (SPT).
  • Council of Europe Committee for the Prevention of Torture (CPT) in 1989. 
• OPCAT 

  1. Establish a system of regular visits undertaken by independent international and national bodies to places where people are deprived of their liberty, in order to prevent torture and other cruel, inhumane or degrading treatment or punishment. 
  2. Set up one or several visiting bodies (The National Preventative Mechanism). 
• UK NATIONAL PREVENTATIVE MECHANISM

  • Designated NPM in 2009.
  • NPM now includes 21 organisations across UK. (3 prison inspectorates, 2 police inspectorates, 4 education inspection systems, 4 health systems, IMB, ICV, LO, terrorism, children’s commissioner.) 
  • Coordinated by HMI Prisons, with independent chair. 
  • Different mandated and ways of working can be challenging.
  • All typed of custody. 
• INDEPENDENT MONITORING BOARDS

  • Every prison in England and Wales. 
  • Statutory bodies (Prison Act 1952).
  • Volunteers. 
  • On the spot monitoring and intervention.
  • Prisoner and staff concerns. 
  • Attend serious incidents. 
  • Monitor significant processes.
  • Ensure ‘humane & just’ treatment and adequate release preparation. 
  • Each IMB writes an annual report. 
  • Lack of independence and diversity?
  • No regulatory powers. 
• PRISONS AND PROBATION OMBUDSMAN 

  • Investigates complaints appeals.
  • Investigates deaths in detention - including natural causes & babies. 
  • Investigates deaths of recently released prisoners (except homicide). 
  • Recommendations followed up by HMIP. 
  • No regulatory powers. 
  • Published annual and thematic reports. 
• HMI PRISONS 

  HM INSPECTORATE OF PRISONS

  • Statutory duty to report on treatment and conditions in detention. 
  • Focus on outcomes and encourage improvement. 
  • ‘Expectations’ based on international human right standards. 
  • No enforcement powers.
  • Unfettered access.
• LEGITIMACY

  ‘Legitimacy is a psychological property of an authority … that leads those connected to it to believe that it is appropriate, proper, and just.’

  Tyler, 2006

  •Perceptions  of legitimacy are  influenced by perspective

  •HMIP derives legitimacy from international human rights standards, principally the  Standard Minimum Rules (Mandela Rules)

  •The Bangkok Rules are specifically for women prisoners
• Healthy prison tests

  A) safety

  B) respect

  C) purposeful activity

  D) rehablitation

  E) release planning

  
• EXAMPLE OF AN EXPECTATION 

  •Prisoners are given notice or information about the prison to which they are being sent.

  •Escort vehicles are clean and meet the diverse needs of prisoners.

  •Prisoners are not kept waiting on vehicles after arrival.

  •Escorting staff are aware of the individual needs of the prisoners in their care and provide an effective briefing to receiving staff, including the person escort record.
• EXAMPLE OF AN EXPECTATION

  •Prisoners are given adequate comfort breaks and refreshments during transfer.

  •Prisoners arrive in sufficient time to allow reception and first night procedures to be conducted effectively.
• LEADERSHIP INSPECTION

  • New since 2021 with new Chief Inspector, Charlie Taylor
  • Leadership test = ‘Leaders provide the direction, encouragement and resources to enable good outcomes for prisoners’
  • Somewhat controversial 
  • No judgement in terms of a score, just a narrative. 
• FULL INSPECTION

  • Nearly always unannounced.
  • At least every 5 years, but frequency based on risk. 
  • 7 days on site over 2 weeks. 
  • Full team including partners, e.g. Ousted, CQC, HMI Probation.
  • Prisoner survey.
  • Documentation, data, conversations, observation.
  • Healthy prison test judgements communicated before inspectors leave. 
  • Report in approx. 3 months with fact check process. 
• AFTER INSPECTION

  Three possible outcomes: 

  1. Prisons with acceptable performance receive another full inspection in due course. 
  2. Prisoners with concerning performance receive an Independent Review of Progress (IRP).
  3. Prisons with very concerning performance may receive an Urgent Notification (UN). 
• IRPs 

  • Announced 
  • 2.5 days on site 
  • No survey 
  • Small team 
  • Judgements on progress against previous concerns. 
  • Report in approx 6 weeks. 

  Possible judgements (IRPs)

  1. No meaningful progress.
  2. Insufficient progress.
  3. Reasonable progress.
  4. Good progress. 
• URGENT NOTIFICATION

  • Public letter to the Secretary of State for Justice, notifying them of the concerns identified. 
  • Must provide public response about how improvements will be made within 28 days. 
  • Re inspection in due course. 
  • Not always effective e.g. Exeter, Bristol and Rainsbrook STC have all had two consecutive UNs since 2017. 
• HOW GOOD ARE OUR PRISONS? 

  A QUESTIONS OF EFFECTIVENESS 

  Purposes of imprisonment (Scott 2007) 

  • Keeping the public safe (via incapacitation) 
  • Punishment (the delivery of justice) 
  • Deterrence (specific and general prevention from future offending).
  • Rehabilitation (also referred to as ‘resettlement’ or ‘re-entry’. 
• HMIP THEMATIC REPORT 

  ‘Black prisoners describes persistent race discrimination in their prison, while white staff felt there was very little or none.’

  ‘The notion of “playing the race card” severely impeded relationships between staff and black prisoners.’ 

  ‘There was a strong the theme of mutual mistrust and unease in relationships between white staff and black prisoners.’