On placement into a cell, staff must take into account “any risk of mistreatment by or on behalf of the newcomer to other prisoners, and any risk of suicide or self-harm”. All prisoners held in closed prisons will undergo a Cell Sharing Risk Assessment (CSRA). This evaluation is obligatory, wether in a shared space or not. The CSRA is also a part of the admission process. It must assess the risk that a prisoner might “kill his fellow prisoner or commit acts of serious violence against him”.¹

The staff in charge of newcomers receive two types of training:

• Assessment, Care in Custody & Teamwork (ACCT): procedure for identifying and monitoring an at-risk prisoner (suicide risk…). It concerns all officers in contact with prisoners. The Howard League reported, in a study published in 2017, that several officers “believe the ACCT training inadequate”. It voices concerns about its capacity to evaluate the vulnerability of a prisoner.¹
• Cell Sharing Risk Assessment (CSRA): see above. All officers and teams involved in the entry process are required to follow it.²

A sentence execution project, including training, is established for every prisoner with a sentence of more than one year. This training is aimed at “improving behaviour and preventing reoffending”.¹ A probation officer accompanies the prisoner with their project.²

Lawyers meet their clients confidentially under visual control of staff.[^PSI 16/2011]

[^PSI 16/2011]: Ministry of Justice, PSI publication 16/2011 on visits and services to visitors

Legal consultations are managed by Prison Rule 38 or by Rule 16 of the Young Offender Institution. They allow consultations with a legal advisor:

• about ongoing or upcoming procedures
• about legal matters, such as the sale of goods or the drawing up of wills
• about an upcoming disciplinary proceeding.

Legal advisors may make use of any sound recording device. This device must not contain a built-in camera or telephone. Every advisor agrees in writing that the recording must be kept securely. They agree that the recording must only be used in line with the procedures or cases already mentioned. Letters and documents that are exchanged between the prisoner and their advisor are subjected to the same monitoring procedures as mail.[^PSI 16/2011]

Inside Time, the national newspaper for prisoners, published a guide of more than 1,000 pages, which for a long time were available in prison libraries. Now, it is only available online. Friends and family of prisoners are authorised to forward desired extracts to them or to send them to the dedicated service. Email a Prisoner.

[^PSI 16/2011]: Ministry of Justice, PSI publication 16/2011 on visits and services to visitors

Friends and family are informed of the death. Every facility assigns an officer to communicate with the family (Family Liaison Officer, FLO). This officer is selected based on their “personal qualities” (good interpersonal skills, empathy, discretion…). Where possible, the FLO, accompanied by another member of staff, makes a visit to the closest relative or to the nominated person. They inform them of the death. This visit must take place without delay. For practical reasons, an officer from a different facility may be sent to take action. A follow-up visit must be scheduled as early as possible.¹

The body must be treated with dignity and returned to their family. The heads of public facilities must offer a “reasonable” contribution to the funeral costs. If the deceased person is from overseas, a “reasonable” contribution to the repatriation costs of the body or the ashes must be offered.¹

The rules in force (PSI publication 32/2011 on ensuring equality) ensure protection against discrimination, harassment, sexual or other, and victimisation. The legislation concerns staff, prisoners, and any person acting in prison.

No policy specific to the prevention of toture and abuse has been put in place. Prison staff undergo “training in control and constraint techniques” to prevent inappropriate use of force.¹

There is no specific procedure provided in the case of an allegation or suspicion of abuse. Investigators are required to keep a written record of the evidence. For complex investigations, an individual is selected to be responsible for their classification. Special attention is paid to the conservation of evidence that may be subject to forensic examination.²

Medical staff do not receive training in identifying signs of torture.

The PSI publication 32/2011 on ensuring equality provides protection against discrimination, harassment, sexual or otherwise, and victimisation. It also concerns violence between prisoners.

Prisoners are able to make a written complaint against the prison administration by filling out a form Letter boxes designed to collect these forms are available on every ward. The PSI publication 02/2012 on the prisoner complaints procedure also states that “facilities must make sure that a prisoner is able to make a formal complaint orally”.

There is no specialised body to receive complaints. The prison’s management (director or designated officer) deals with complaints about staff behaviour. The prison administration’s regional director (Deputy Director of Custody, DDC) deals with complaints which are sent in sealed envelopes.

Prisoners are able to make a complaint via the Prisons and Probation Ombudsman (PPO). The PPO is independent of the prison administration. Prisoners can also address their complaints to:

• the Queen
• MPs
• the court of law (against the prison administration or a member of staff)
• the Criminal Cases Review Commission
• the Criminal Injuries Compensation Authority
• the European Court of Human Rights.¹

A follow-up mechanism is provided for the recommendations of the NPM . Two months after the publication of the report, the prisons that are visited must produce an action plan responding to the recommendations of the Inspectorate.

The action plan, published on the HMIP website, specifies whether the facility accepts, fully or in part, or rejects the recommendations. It also outlines the actions which are intended or carried out as a consequence of the recommendations. Inspectors use a facility’s action plans, alongside other physical or numerical proof, to assess the progress of a facility and prepare for their visits. The HMIP carries out inspection visits. These visits are announced shortly before they’re carried out and must take place between eight and 12 months after the initial visit. Four or five inspectors will be involved for a duration of two and a half days.

Inspectors assess the improvements implemented based on some 15 recommendations. They give their opinions worded as follows:

• no significant progress
• insufficient progress
• reasonable progress
• satisfactory progress

The HMIP is required to carry out between 15 and 20 inspection visits each fiscal year. The Independent Reviews of Progress, IRP are published within 25 days.

In the case of worrying allegations from the HMIP, the Chief Inspector of Prisons can address an urgent communication to the Secretary of State for Justice. This letter must be written in the seven days following the end of the inspection. It outlines their preoccupations and their justification. The Secretary of State has 28 days to respond publicly.¹

Prison facilities are subjected to other external review mechanisms. Every facility in England and Wales is monitored by an Independent Monitoring Board (IMB). Their members, drawn from civil society, are independent volunteers. They participate in at least three or four visits a month. They are selected by the Secretary of State. They can enter the institution in question without restriction, at any time. They can speak privately with prisoners of their choice. They regularly share their observations with management teams. They may also share their observations during regional meetings and in front of their National Assembly. The supervisory boards produce an annual report for the Minister.

Facilities are also under the supervision of authorised persons. Their visits do not require any special request from the prisoner and are not counted against the visits to which they are entitled. These persons are listed below:

• English or Welsh MPs
• Parliamentary and Health Service Ombudsman
• Representatives from the Equality and Human Rights Commission, EHRC, or from any other organisation, where the goal of their visit is to highlight, specifically and exclusively, any problems associated with equality.

Meetings are confidential.[^PSI 16/2011]

[^PSI 16/2011]: Ministry of Justice, PSI publication 16/2011 on visits and visitor services.

The Parole Board is the competent authority for sentence adjustments. This independent body evaluates the risks presented by the prisoner. It determines their ability to regain their liberty.

A release on temporary license (ROTL) is only granted on British territory. The prisoner must spend at least a 24-hour period in prison per week. The prisoner may be authorised to use a vehicle from the facility if the release plays a role in their rehabilitation (cf. PSO publication 5400).

Other specific activities depend on the activity justifying the permission to leave:

• Paid or unpaid work: the prison ensures the supervision of the prisoner based on the risk assessment at the proposed job and for the prisoner himself. Their employment is monitored (attendance, progress, etc.).
• Maintenance of family ties: a release on temporary license may be granted every fourteen days. It may be granted every seven days for prisoners who have primary care of a child under the age of 16 or who have the responsibility of a person over the age of 16 who requires substantial care (old age, infirmity, or disability).¹

In exceptional circumstances, condemned people may receive a royal pardon (Royal Prerogative of Mercy, RPM). There are two types of pardon:

• the free pardon: the sentence and its consequences are cancelled
• the conditional pardon: the sentence and its consequences are commuted to a lighter sentence.

The Secretary of State for Justice can recommend a royal pardon. This possibility is usually reserved for cases which meet the following three conditions:

• No appeal is available
• New elements have appeared
• New elements show, beyond reasonable doubt, the absence of crime or the innocence of the person charged.

Public opinion calls for greater transparency in the exercise of the right to pardon. ¹