5. CONTACT WITH THE OUTSIDE WORLD
38
The location of prison telephones, post boxes, libraries and other means of communication
should be considered at the prison planning stage to ensure equality of access, particularly
where different categories of prisoners are held in the same facility. The placement and design
of prison telephone areas should also take into account the need for privacy.
39
Under no circumstances should prisoners or their families be required to pay for the right to
have a prison visit or have to bring materials to prisoners. To avoid the use of bribes, prison
administrations should consider displaying prominent signs outside visiting areas stating that
payments are neither expected nor required.
40
Information about how prison visits are arranged, as well as the prison rules and regulations
governing prison visits, should be made available to visitors before they enter the prison.
Such information could be prominently displayed at the entrance to the facility and, if prison
visitors are illiterate, prison staff could explain the procedures and rules to them verbally. If
visitors are made aware of the penalties for smuggling contraband items into the facility, then
they may be deterred from doing so.
41
The EPR state that, unless there is a specific prohibition for a specified period by a judicial
authority in an individual case, untried prisoners “shall receive visits and be allowed to
communicate with family and other persons in the same way as convicted prisoners” and
“may receive additional visits and have additional access to other forms of communication”.285
PROMISING PRACTICE: TEMPORARY RELEASE SCHEMES IN THE UNITED KINGDOM [5.9]
The Northern Ireland Prison Service provides online
information about the schemes for compassionate
temporary release, home visits, pre-release home
and resettlement leave, home leave at Christmas
and temporary release for medical purposes.286
In summary the schemes available are:
Compassionate temporary release scheme
All sentenced prisoners may apply for
compassionate temporary release, which is
granted subject to a satisfactory risk assessment.
Compassionate temporary release is considered
in the case of the death or critical illness of a
member of the prisoner’s immediate family.
Home leave at Christmas
Home leave at Christmas may be granted to
prisoners who meet the eligibility criteria and
who have a satisfactory risk assessment profile.
Ministerial approval is required annually for the
home leave at Christmas scheme.
Home visits scheme
Temporary release may be granted in
circumstances where a member of the prisoner's
immediate family is chronically ill or infirm,
housebound and is physically unable to visit
the prisoner. It is subject to a satisfactory risk
assessment and applications will be considered
for one day time visit every six months providing
certain criteria are satisfied.
Temporary release for medical purposes
All prisoners other than those who are remanded
in custody by any court, committed in custody
for trial or un-sentenced can be considered for
temporary release for in-patient or out-patient
hospital care, when such care cannot be delayed
until the patient's release or cannot be provided
within the prison. Prisoners who are refused
medical leave are advised that the appropriate
security and administrative arrangements will be
Pre-release home and resettlement leave
put in place to enable them to receive necessary
The purpose of pre-release home and resettlement
in-patient or out-patient hospital care.
leave is to help prisoners’ self-confidence by
5
124
trusting the prisoner under conditions of complete
freedom and to help her or him re-adjust to life
outside of prison by providing an opportunity,
before final release, to renew home ties and to get
in touch with prospective employers. Pre-release
leave is a privilege to be earned, rather than
a right, and is based on specific criteria.
285 286
The visiting environment
42
The prison visiting environment depends on the type of visits permitted, yet even the most
tightly regulated visits can be enhanced by the surroundings and the behaviour of staff
members towards the visitors. Prison authorities have to provide security to both prisoners
285. Technical Guidance for Prison Planning, UNOPS, op. cit., note 84, p. 144.
286. For more information, see: Temporary Release Schemes, Department of Justice Northern Ireland Executive at www.justice-ni.gov.uk/articles/
temporary-release-schemes.
Guidance document on the Nelson Mandela Rules
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