On entry into prison prisoners go through the ‘induction process’. Some prisons have a dedicated induction wing for this. All prisoners who have never been in custody before will go through this procedure, as will prisoners who have gone from being remand prisoners to convicted prisoners. The length of stay in induction will vary, depending on whether or not they have been in prison before, or if they are considered vulnerable.
Prisoners who are on remand should not be in contact with convicted prisoners. This means that no remand prisoner should ever be put in a cell with a convicted prisoner. A ‘convicted’ prisoner is someone who has been sentenced, or who has either pleaded guilty or been found guilty after a trial and is awaiting sentence.
When a prisoner is on remand, they are generally categorised as ‘U’ prisoners, and are in most circumstances put into Category B or C local prisons. On entry into the prison system, a remand prisoner should also be put into the ‘standard’ level of the IEP (Incentives and earned privileges) scheme. They should only be put on ‘basic’ IEP as a result of behavioural problems.
Remand prisoners are not required to work in prison if they don’t want to. They can wear their own clothes (unless deemed an escape risk), are allowed to purchase books, newspapers etc with their own money and can carry out business activities, in so far as is possible. They can have as many visits as they like, within reason, have a greater tobacco allowance than convicted prisoners, and can receive medical or dental treatment from a practitioner of their choice, if they are willing to cover the cost themselves. Private weekly cash allowances for unconvicted prisoners are considerably higher than for convicted prisoners.
Prisoners who have been charged with certain offences such as murder, section 18 GBH, rape, robbery, arson with intent to endanger life, and other offences that are likely to attract a sentence of more than 10 years, will be put into ‘provisional category A’. Visitors to provisional Category A and Category A prisoners must be ‘approved.’ What this means is that visits will be closed until open visits have been approved.
Visits to exceptional high-risk category A prisoners will be subject to background checks by the police so there will be a delay between being remanded and having visits from relatives. That said, the delay cannot be for longer than is reasonable. Prisoners who are experiencing considerable delays in this regard should seek legal advice.
Sentences Explained
Determinate Sentences
Sentence lengths and release dates can be very complicated. It all depends on the type of sentence, when the offence was committed, when the sentencing hearing was and whether it's a long or short sentence (under or over four years). It can be extremely confusing if you are sentenced for an offence committed a long time ago, such as a sex offence. If in doubt about your sentence, contact a solicitor for advice.
How To Calculate Your Release Date
A) Less than 4 years for an offence committed before 4th April 2005
You will be released automatically at the half way point. You do not need to apply for parole and the parole board does not consider your case.
B) 4 years or more for an offence committed before 4th April 2005
Once you have served half of your sentence you can apply to the Parole Board for early release. This date is called the ‘Parole Eligibility Date’ or PED. If your sentence is less than 15 years, the Parole Board decides whether or not you should be released. If your sentence is more than 15 years, the Secretary of State makes the decision as to whether you should be released or not. If you don’t get parole, you can reapply once a year. If this happens you will be released once you have served two thirds of your sentence, on your Non-Parole Date or NPD. Once you are released, you will be on licence and be supervised by probation until your Licence Expiry Date (LED), which is at the three-quarter point of your sentence. You can be recalled to prison at any time until your licence runs out. If you have been sentenced for a sexual offence, the sentencing judge may have ordered that your licence lasts until the very end of your sentence, known as the Sentence Expiry Date (SED.)
C) Extended Sentence for an offence committed before 4th April 2005
These may apply to you if you were sentenced for a sexual or violent offence. An extended sentence means that your licence will be longer than normal, and you can be recalled to prison at any time during your licence. If your sentence was less than four years, you will be released at the half-way point. If you received more than four years, your release will depend on whether or not you get parole. See paragraph B above for details.
D) More than 12 months for an offence committed on or after 4th April 2005
This section applies if at least one of the offences you have been sentenced for was for 12 months or more. There are two different types of sentences:
i) Determinate sentences for a fixed amount of time. You will be released automatically half way through your sentence.
ii) Extended Sentence for Public Protection. If the offence was sexual or violent, you may be given a number of years in prison and a longer than normal licence period. You can apply for parole at the half way point of your sentence. The parole process starts about six months before this, to enable your reports to be prepared etc. If you do not get parole, you can reapply once per year until the prison part of your sentence expires. On release, you are on licence and can be recalled to prison until the licence period runs out.
E) Less than 12 months for a crime committed on or after 4th April 2005
Some areas have introduced ‘custody plus’, which is a scheme that allows you to spend some of your time in the community and some in prison. If you break the conditions of your licence, you can be recalled to prison. If you received a sentence of imprisonment of less than 12 months, which was suspended, you can be sent to prison if you break the terms of the order made by the sentencing judge.
Release: Determinate Sentences
Home Detention Curfew
If you are eligible for HDC, your HDC date will be calculated at the same time as your statutory release date. You cannot be released on HDC until you have served a minimum period of your sentence, which depends how long your sentence is and the minimum amount of time you need to serve before you can be released on HDC. How long this is will depend which sentencing laws apply to you. If you have been found to be unsuitable for HDC, or if you think the dates that the prison has calculated are wrong, contact a solicitor without delay.
Parole for Prisoners Serving Determinate Sentences
You can apply for parole up to six months before the first date when you are eligible to be released (your Parole Eligibility Date). This date will vary depending on the sentence you were given when you were convicted. At the earliest, this will be after you have served half of your sentence (see above). You should always seek legal advice well in advance if you are applying for parole. If you don’t get parole on the first occasion, you will usually be reviewed once a year.
Indeterminate Sentences
Indeterminate sentences are different from determinate sentences because there is no set date on which the prisoner will be released. Prisoners who serve determinate sentences know the maximum length that their sentence will be, and when they will become eligible for parole or early release. Prisoners serving indeterminate sentences are required to serve a ‘minimum term’, which used to be called a ‘tariff,’ before being eligible for release on licence.
Life Sentences for Adults
A sentence for adult offenders convicted of murder must be a life sentence: there is no way around this. A judge can also impose a life sentence for other serious offences. These include serious sexual assaults, manslaughter, arson and attempted murder. If a prisoner is convicted of these kinds of offences, the judge does not have to impose a life sentence but has discretion to do so. In order to impose a discretionary life sentence, certain conditions have to be met. These are:
i) the maximum sentence for the offence has to be life imprisonment
ii) the offender is dangerous or deemed to be a significant risk as set out by statute law (Criminal Justice Act 2003 section 225)
It used to be the case that some prisoners got ‘automatic life sentences’. These were imposed on individuals aged 18 or over who were convicted of their second ‘serious’ offence – and who posed a threat to the public. After the CJA 2003 came into force, this was replaced by Imprisonment for Public Protection or IPP.
Offenders who are between 10-17 years old
If convicted of murder, a young offender will be detained at ‘Her Majesty’s Pleasure.’
Offenders under 18 years old who are convicted of a Serious Offence
If the offence carries a maximum penalty of ‘detention for life’ and the offender is ‘dangerous’ will be sentenced to ‘detention for life.’
Offenders aged between 18 to 20 years old
If an offender is aged 18-20 years old on the date of conviction for murder, they will receive ‘custody for life.’ Offenders sentenced for other offences may also get custody for life, but only if they are ‘dangerous’.
Lifers are on licence for the rest of their lives. This means that they are liable to be recalled to prison at any time after release.
Imprisonment for Public Protection
Until the Criminal Justice Act 2003, some prisoners received mandatory Imprisonment for Public Protection or IPP, if they met certain criteria. These were:
i) the offence was a ‘specified offence’ under Schedule 15 of the Criminal Justice Act 2003.
ii) the court considered that there was a real likelihood that further serious offences would be committed and cause a threat to the public.
If these conditions were met, an IPP would be imposed unless the court decided that IPP was not reasonable having regard to all the circumstances.
Nowadays, the court is only allowed to impose IPP if:
i) The seriousness of the offence committed should warrant at least a custodial sentence of four years
ii) The offence must also be serious enough for an IPP to be imposed
iii) The offence must be a specified offence that carries at least ten years imprisonment
iv) There must be a significant risk that further ‘specified offences’
would be committed and cause a risk to the public
v) The offender does not meet the requirements for a discretionary life sentence
How Life Sentences Work
Unless the minimum term is short, e.g. 5 years or under, life sentences work in three parts. These are as follows:
1) Initially, after being allocated to a Cat A or B prison, a lifer will usually stay at this prison for at least 18 months to 3 years. Offence based work will start at this prison. Assessments will be carried out if applicable, such as CALM, SOTP, etc.
2) Move to Cat C prison. There will be more offence-based work, risk reduction, and escorted absences. The offender at this point will be expected to demonstrate self-discipline and self-reliance.
3) Once the Parole Board has recommended it, the lifer will be transferred to open conditions and is likely to spend 2-3 years in this category. Prisoners who are deemed not to have a successful stay in open conditions may be transferred back to closed conditions.
Release and Parole For Prisoners Serving Indeterminate Sentences
The procedure for parole normally begins three years before the minimum term or tariff expiry date, so that those who are recommended for open conditions can spend two or three years in these conditions before being released. If you are on a short tariff, your parole will automatically be reviewed around six months before you are eligible for release. You do not have to apply for parole, unlike determinate sentence prisoners. Once your dossier is ready the parole board will consider whether they are going to release you or whether there should be an oral hearing. If you do not get released, the Secretary of State will direct when your next review is. It cannot be longer than two years later without your permission. The decisions of the parole board are susceptible to judicial review. You should seek legal advice for representation at a parole hearing.
Proving A Reduction In Your Risk
Prisoners serving life or IPP are heavily reliant on proving that they are no longer dangerous in order to demonstrate that they are suitable to be moved to more relaxed conditions or release on licence. This can cause considerable problems for individuals who maintain their innocence, and prisoners who admit guilt but have not been able to find places on suitable courses. If this happens to you, contact a solicitor.
Rights for Convicted Prisoners
Incentives and Earned Privileges (IEP)
There are three levels of IEP: basic, standard and enhanced. Some prisons also have a fourth status ‘super enhanced.’ If you are on the standard level, you can apply for enhanced status every three months. If you don’t apply, your IEP status should be reviewed once a year, unless there is a change in your behaviour beforehand. Once convicted, prisoners are subject to different criteria under the IEP scheme.
If prisoners are deemed to have behaved badly, their IEP can be taken away from them. This is not supposed to be a form of discipline, although it can be hard not to see it that way! Privileges that can be earned in the IEP scheme are:
- better pay
- being able to access your own money
- TV in your cell
- more visits
- being able to wear your own clothes
- longer association
Some prisons also offer enhanced canteen, mail order facilities and access to the gym.
How to get Enhanced Status
The prison will look at the following to decide whether you should get enhanced status:
- good behaviour
- using your time in prison constructively
- your approach to your sentence
- your attitude to people outside prison including the victim of your offence
Unfortunately, prisoners who maintain their innocence and who are therefore ineligible for offence based courses may be seen as not fully engaging with their sentence plan – which means that your status of IEP could suffer as a result. The courts have found this to be lawful in numerous cases. However, if you feel that you have been unfairly put on basic or standard IEP, you can use the complaints procedure and in some circumstances, IEP decisions can be judicially reviewed.
Categorisation
Soon after being sentenced, a prisoner will be categorised as either A, B, C or D depending on their risk. Prisoners who were provisional category A prisoners while on remand have their categories reviewed soon after conviction and sentence, and in the vast majority of cases will remain category A.
Category A prisoners are subjected to the highest security conditions and the possibility of their escape must be made ‘impossible on the grounds of national security.’ There are three sub-categories of Category A: standard risk, high risk and exceptional risk. Their next review must occur two years after this first review, unless a shorter timescale was decided at the first review, or the Governor recommends an earlier review.
Category B prisoners are deemed to be less of an escape risk than Category A prisoners, but escape must still be made very difficult.
Category C prisoners are prisoners who are not yet considered trustworthy enough to be allowed to be in open conditions, but who are not deemed to be an escape risk.
Category D prisoners can be trusted in open conditions.
Prisoners who are in the last 30 months of their sentence have their category reviewed every six months.
The principle is that “Every prisoner must be placed in the lowest category consistent with the needs of security and control. A prisoner must be assigned to the correct security category even if it is clear that it will not be possible to allocate him to a particular establishment for prisoners in that category.”
Categorisation reviews must be carried out lawfully, openly and using the correct procedures. If prisoners feel that they have been treated unfairly in this regard, they should seek legal advice without delay.
Visits
Convicted prisoners are entitled to two visits every four weeks. This may be reduced to one visit per month if the Secretary of State orders it. Legal visits do not count as one of these visits. The Governor has the authority to refuse visits on several grounds, such as security, prevention of crime, and maintenance of good order or discipline. However, it is only in exceptional circumstances that a relative can be refused a visit with you.
If your visitor tries to smuggle contraband into prison, such as drugs, mobile phones, or other prohibited items, this is likely to result in a disciplinary charge for you. Your visitor is also likely to be arrested and may be charged by the police.
Category A prisoner visitors have to be approved by NOMS. You will normally have closed visits before open visits are allowed.
Letters
Convicted prisoners can send one statutory letter each week (paid for by the tax payer) and, in general, as many privilege letters as they want. Privilege letters can be withdrawn as a punishment. Numbers of letters you are allowed to receive can vary and if you are sent too many letters you may be allowed to choose the letters that you keep and those you reject. It is worth telling your loved ones that their letters cannot be excessively long, and the limit is 4 sides of A4 paper. There is nothing in the prison rules to suggest how large or small the font must be though!
There are also ‘special letters’ which are paid for at the public’s expense in certain circumstances, such as:
- being transferred to a new prison or on arrival at a new prison
-straight after you have been convicted if you need to sort out some business issues
-if you need to contact Probation or another agency to do with your forthcoming release
Legal correspondence is governed by rule 39 of the Prison Rules, and should not be read by prison staff. However, it is a common complaint by prisoners that these privileged letters have been read by prison staff. It is not lawful for the prison to read your legal mail, unless the prison has reason to believe that the contents endanger prison security, are of a criminal nature, include an illegal enclosure or put others’ safety at risk. Your legal letters, and confidential access correspondence (e.g. a letter to your MP), are private and should not be routinely read. Other letters (i.e. not confidential or legal ones) may be read, for example, if you are held in a high security establishment, are Cat A or on a Cat A unit, on the escape list, or have been charged with sending obscene correspondence (remand or convicted.) In ‘exceptional circumstances’ the prison may routinely read your letters if these don’t apply.
Telephone Calls From Prison
Prisoners are given a pincode to access credit for telephone calls. The maximum credit you can hold on your account is £50, or more for foreign nationals. Most prisoners will only be able to call pre-arranged numbers that they have registered with the prison (up to 20 personal numbers and 15 legal numbers.) Some numbers can be barred. The Governor can control the length of calls, time between calls and the number of calls that can be made each day.
Jobs in Prison
Convicted prisoners are required to work for a maximum of ten hours each day. A working week is ten morning or afternoon sessions each week or five nights. If you refuse to show up for work, or do not do the work properly, you can be disciplined. There is a minimum rate of pay of £4 per week, which should be paid to all prisoners who are working, in induction, education, offender based programmes and training. Payment for some kinds of work will be paid based on the quality and quantity of what you produce, but you should still be allowed the opportunity to make up to the minimum of £4 per week. Unemployed prisoners, who either cannot work or want to work but cannot find suitable jobs, are paid £2.50 per week. Retired prisoners, and those who are long-term sick are paid £3.25 per week. Prisons also have local pay schemes, so rates may differ.
Your Health
Within 24 hours of entry into custody prisoners will be assessed for health issues. If you have no immediate health concerns (physical or psychological) you should be allowed a general health assessment within your first week of being in custody. Remember, you have the right to see a nurse, doctor or other healthcare professional. If you need treatment and are refused it, you may have a claim against the prison.
Your Risk Assessment
Prisoners who are serving twelve months or more will have an OASys assessment within eight weeks of their sentence. This is an extremely important document that impacts on many wide-ranging decisions relating to a prisoner’s sentence. It will be in the form of an interview and questionnaire and once completed will trigger referrals to offence based courses. If the Parole Board has to determine whether or not you are released, you will need to demonstrate that you have reduced your risk. Prisoners who are serving short life tariffs or IPPs are especially prone to not being able to access the courses they need to complete. If you disagree with your sentence plan, or if you have been referred onto a course that you can’t access, contact a solicitor for advice.
Prison Discipline
Prison discipline falls into two categories: formal discipline, and informal discipline. Informal discipline is conducted by the prison itself. Offenders may be segregated, put in special cells, subject to closed supervision, recategorised or transferred to another prison. Again, if you find yourself in this situation, seek legal advice.
Formal discipline is conducted by external adjudicators. If charged, you will be given F1127A, known as being ‘put on report.’ If what is alleged is serious enough, the hearing may be adjourned while the offence is referred to the police. You will appear before the governor in the first instance and this hearing has to take place within two days of you receiving the charge. If the governor considers that the offence may result in you getting extra days added on to your sentence, they cannot conduct the hearing themselves and must get an independent adjudicator to hear the adjudication instead. An independent adjudicator has the power to order you to serve additional days as a punishment and if this happens you are entitled to be represented at the hearing. However, prisoners serving life sentences or IPP cannot be given additional days.
At the beginning of the hearing the governor will ask you if you want to seek legal advice. If you have not had time to seek legal advice before this hearing you should say so at this point. The governor may then put off the hearing to allow you to contact a solicitor. Ideally, you should contact a solicitor as soon as you are put ‘on report.’
