The treatment of and conditions for people awaiting trial in Prison

• Firstly, it is imperative that prisoners awaiting trial are held separately from convicted prisoners. The Scottish Prison Service has set an example ensuring that all remand prisoners are held separately, in some case in particular purpose built modern accommodation. (Link to Scottish example). Action should be taken immediately in England and Wales to end the practice of housing remand prisoners in shared accommodation with sentenced prisoners.
• Secondly, the conditions endured by remand prisoners must be improved. In December it will be three years since HM Chief Inspector of Prisons published its report ‘Unjust Deserts’ which highlighted the poor conditions faced by remand prisoners and made a series of important recommendations. The Reform Remand campaign is calling on the government to draw up plans before December to implement these fully in 2004.

The recommendations include:

1. Regime Services

• All cells with integral sanitation holding two prisoners should have effective privacy screens around the toilet
• It is important that all remand prisoners have the means to clean their cells and have access to showers daily
• There should be effective arrangements to ensure that the temperature of cell accommodation does not fall below or rise above the acceptable level. Adequate bedding should be provided
• Remand prisoners should have TVs in their cells and access to quality time unlocked as aright
• Extended family visits should be available and the possibility of granting subsidised phone calls in lieu of visits from children should be explored
• Governors should examine not only the ratio of phones to remand prisoners but also how much access they have to them so that all who wish to contact home are able to do so.

2. Regime Activities

• Remand prisoners should be unlocked on weekdays and weekends for a minimum period of ten hours each day. This should also be monitored by direct sampling of prisoners’ experience rather than by means of regime monitoring figures only which are provided by prison staff
• The opportunity should be provided for outside exercise whatever the weather and there should be provision of suitable warm and/or waterproof clothing
• There should be a guaranteed minimum of three hours a week PE
• Education should focus more on assessment and guidance, educational tasters, accredited courses that can be completed in relatively short periods of time, and the preservation of any links with education and training that may have pre-dated custody

3. Due Process

The Prison Service should introduce standards for access to due process for remand prisoners which ensure that they experience no greater jeopardy than bailed defendants in preparing for their trials. These should be monitored by means of audit, ethnic monitoring and regular surveys of prisoners’ experiences. The following should be available to all remand prisoners during weekdays:

• Fully staffed and effective bail information schemes, legal services offices staffed by trained legal service officers which include photocopying, fax facilities and a telephone to receive calls from legal advisers
• Up to date legal reference books
• Legal visits in the evenings
  

4. Drug Use

• Remand substance users should have prompt access to voluntary testing programmes, a multi-disciplinary staff team and appropriate counseling and group work.

5. Mental Health

• In the health centre of every local prison there should be a primary care service staffed by doctors and nurses trained to NHS standards in primary mental health care, supported by specialist staff from a prison’s local NHS mental health trust. There should also be day facilities providing multi-disciplinary support to those with the multiple needs who do not reach the threshold for transfer outside of hospital

6.Resettlement

• Remand prisoners should have the opportunity to have an interview with trained staff to assess their individual needs and receive practical help where necessary to deal with benefit problems
• Time on remand should be used to offer employability assessments and work skills training
• Given the extent of the need for help with housing and employment problems, such services should be standard in all prisons receiving prisoners new to custody
• Remand prisoners have no right to a discharge grant on release after their trial, even though many of them will have been in prison for an average of 49 days. They are not eligible for any statutory after care from the Probation Service. This seriously jeopardizes their chances of successful resettlement back into the community. The Home Office should consider whether remand prisoners should receive funds on discharge from court, for their immediate travel and subsistence needs

The criminal justice system and remand prisoners
Reforms are also needed to ensure that remand prisoners receive better treatment as soon as they enter the criminal justice system.

• Thorough reports need be produced on time by Probation Officers in court at initial hearings
• Ring fenced, effective bail support schemes operated in court by the Probation Service need to be introduced
• Court diversion schemes need to be available across the country so that offenders who are acutely ill or at risk of suicide can be given hospital places or the treatment they need.    top