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Sunday, 22 November 2009

Prison procedures and prisoners' rights

If you are convicted of a crime and sent to prison, you will need to follow very strict rules, and you will give up your right to freedom. However, your human rights are protected by law. Here are a few basic things that are likely to happen wherever you serve time in prison.

Arrival at prison

There are a few procedures that take place when you first arrive at prison. These are done to confirm your identity and make sure the warrant requiring you to be held in prison is correct.

The process also makes sure you have everything you need, and highlights any problems you may have, such as a medical complaint.

Prisoner's property

When you first arrive at prison you will go through a check-in process. As part of this, your property will be listed by an officer and put into safe-keeping.

You can keep some items, but the rest will not be returned to you until you leave prison.

Health check

Once you’ve been allocated a prison number, you will be seen by a member of the health care team. Every prisoner must receive a basic check-up so that any problems are identified. That way they can be given proper care while in prison.

All your health information will be treated confidentially, just as if you were seeing your normal GP.

The reception interview

Shortly after arriving at prison, you will have an interview with a member of the probation staff, or a 'personal officer' (a prison officer specifically assigned to work with certain prisoners).

This is another chance for you to discuss any problems you may have, such as drug or alcohol addiction. Talking about it then means that staff would be able to help you deal with the issues that could come up during your time in prison.

Induction

To help you settle into prison life, you'll have an induction session that will explain how the prison works and what your responsibilities will be. It also helps you to think about how you’re going to use your time in custody.

Ongoing support for problems

From time to time, prisoners may have worries or problems that might be helped by talking to somebody. Your personal officer, and the officer in charge of your wing or unit will be available to talk those problems through.

Prisoners can also talk to a chaplain or directly to the Samaritans.

Contact with family

It is against the law to deny prisoners contact with their family and loved ones, so you will be able to communicate with your family in a variety of ways. Your family can visit you in person. Each prison has its own rules on visits and these will be explained to you when you arrive.

In addition, all prisons have card or PIN telephones for prisoners to use. The rules for using these phones vary, so your prison will explain its own rules to you.

With a few exceptions, all prisoner telephone calls are recorded, except calls to their lawyers.

Prisoners are not allowed to have or use mobile phones, and if you’re found with one while you’re in prison, you will be punished.

Writing and receiving letters

If you’re in prison, you can usually write letters to anyone you want, as long as you stay within prison guidelines. You will, however, need to get permission from the prison governor to write to some people.

If you're on remand (which means you haven’t been convicted yet) you can send two letters a week paid for by the prison. Convicted prisoners can send one letter a week paid for by the prison.

For example, you will need permission before:

  • advertising publicly for a pen-friend
  • writing to the victim of your crime or to their family
  • writing to another prisoner at a different prison

There are also rules restricting what you can write in a letter. For example, the prison may stop a letter if it:

  • is a threat to security
  • would cause distress or anxiety to the person you’re writing to
  • is written in code

If a letter is stopped, you’ll be told.

The Citizens Advice Bureau (CAB) has a prisoners' fact sheet with more detailed information about prisons and what prisoners can expect.

Prisoners’ rights

Anyone who has been sentenced to prison, and anyone held on remand awaiting a trial, will have fewer rights than law-abiding citizens. You can be searched at any time, for example, and you cannot leave the prison.

Your behaviour must at all times meet strict rules, and if you fail to do that, you can be punished by the prison governor or a district judge. In really serious cases, such as an assault on a prison officer, you can be prosecuted in court.

Along with losing your freedom, while in prison you also lose your right to vote.

However, you still have basic rights that are protected in law, and which cannot be taken away from you. For example, you have the right to food and water, protection from assault, and access to the courts.

Learning your rights

The rules on prisoners’ rights are available in all prison libraries. If you’re held in prison, you can ask to see the prison standing orders and the prison service instructions. These set out your basic rights.

You can also see those rules on the Prison Service website.

The Prison Service and the Prison Reform Trust have co-written a guide to prisoners’ rights. A copy of this should be given to you when you arrive. 

Disabled prisoners will be given a guide specifically for them. 

Additional links

Local crime and justice

Find out what's being done about crime and anti-social behaviour where you live

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