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 behaviour beforehand.
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 are at a disadvantage with IEP. The prison can take into account the fact that you deny your offence - not because of the fact that you are denying the offence, but because denial means that you cannot participate in offence based courses. This has been held to be lawful on numerous occasions.
If you’re having trouble with your IEP, contact a solicitor.
Wednesday, 17 March 2010
Tuesday, 16 March 2010
Determinate Sentences - Release Dates
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 for everyone involved when someone is sentenced for an historic offence, such as historic sex offences. There can often be problems in sentencing for historic offences, especially where the statutory maximum for the offence has changed between the date the offence was committed and the date when the offender was sentenced.
The Parole Board website has a useful guide to explain types of determinate sentences, click here.
It can be extremely confusing for everyone involved when someone is sentenced for an historic offence, such as historic sex offences. There can often be problems in sentencing for historic offences, especially where the statutory maximum for the offence has changed between the date the offence was committed and the date when the offender was sentenced.
The Parole Board website has a useful guide to explain types of determinate sentences, click here.
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.
If a prisoner was sentenced before 18th December 2003, the Home Secretary would have set the tariff. Nowadays it is the sentencing judge who sets the minimum term. There are arrangements in place for prisoners who were set a tariff under the old provisions to have their minimum term set by a judge. It is possible to do this up until the expiry of their tariff, but not afterwards.
If a prisoner was sentenced before 18th December 2003, the Home Secretary would have set the tariff. Nowadays it is the sentencing judge who sets the minimum term. There are arrangements in place for prisoners who were set a tariff under the old provisions to have their minimum term set by a judge. It is possible to do this up until the expiry of their tariff, but not afterwards.
Types of Life Sentences
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 a 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’ in accordance with the provisions set out in s.226 of the Criminal Justice Act 2003 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’ in accordance with s.225 Criminal Justice Act 2003
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. For a full list, click here.
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
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 a 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’ in accordance with the provisions set out in s.226 of the Criminal Justice Act 2003 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’ in accordance with s.225 Criminal Justice Act 2003
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. For a full list, click here.
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
Saturday, 13 March 2010
Rights For Remand Prisoners
On entry into prison, prisoners go through an ‘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 prisons. On entry into the prison system, a remand prisoner should 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.
Prisoners who have been charged with certain offences will be put into ‘provisional category A’ in accordance with PSI 03/2010. 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 contact a solicitor for advice.
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 prisons. On entry into the prison system, a remand prisoner should 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.
Prisoners who have been charged with certain offences will be put into ‘provisional category A’ in accordance with PSI 03/2010. 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 contact a solicitor for advice.
Monday, 8 March 2010
About This Blog
Prisoners retain all of their civil rights, except for those that are expressly or implicitly removed by law. That means, for example, that a prisoner is entitled to receive the same level of health care just like any other citizen. The mere fact of being in prison does not take away that right. Often, however, because prisoners are entirely at the mercy of the Prison Service, the Parole Board, and the agencies overseen by the Secretary of State for Justice, things can go wrong and it can feel like there’s no-one to turn to for advice. This blog provides bite-sized information about a wide variety of issues that prisoners and their families are likely to face.
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