Section 4 Assessment of the Application of the Prisons Act 1. Origins and Context The origins of the Prisons Act of 24th November 2009 are well-known. Poor prison conditions, in particular due to high levels of prison overcrowding, illustrated in the year 2000 by the reports of the select committees of the French Senate95 and National Assembly96, were the issues behind it. In the same year, the report of Mr Canivet, President of the Court of Cassation, submitted to the minister of Justice on 20th March 2000, stressed the necessity of elaborating a Prisons Act. It was intended to define the duties of the prisons administration and to contain provisions regarding the status and general conditions of detention of prisoners. Moreover, the committee chaired by Mr Canivet had observed that the law did not satisfy the requirements of accessibility, openness and visibility laid down by the Constitution and certain international undertakings. It proposed re-examination of statutory provisions as well as standardisation of rules and regulations according to category of institution in order to standardise the content thereof and put an end to current inequalities.97 Two texts, the Act of 12th April 200098 concerning improvement of relations between citizens and the administration and that of 15th June 200099 reinforcing presumption of innocence and victims’ rights, constituted the first steps in a movement enabling prisoners to dispute administrative decisions taken against them and began the process of making the legality of enforcement of sentences subject to decision by the competent legal authorities. On 11th July 2007, the minister of Justice established the planning select committee (COR / comité d'orientation restreint) on the “major prisons act” in order to guide the departments of the ministry of Justice in the drafting of the future Bill100. Four topics were set: - the duties of the public prisons service and of its staff: - the rights and duties of prisoners; - reduced sentencing; - prison regimes; In spite of the short time allotted to the planning select committee (COR), more than thirty personalities (judges, doctors, managers of associations working in the prison environment, elected representatives, experts) were interviewed in depth and the eighty-page report handed over to the minister of Justice was unanimously/universally welcomed by all of the stakeholders. A section of twenty pages was devoted to “guaranteeing ordinary citizen’s rights to prisoners and 95 Rapport no. 449 by Messrs Hyest and Cabanel entitled “Prisons, une humiliation pour la République”. Report submitted on 29th June 2000. 96 Rapport no. 2521 by Messrs Mermaz and Floch entitled “La France face à ses prisons”. Report registered by the presidency of the French National Assembly on 28th June 2000. 97 The Committee chaired by Mr Canivet also recommended the creation of an external prisons inspectorate. 98 Act no. 2000-321 of 12th April 2000 concerning the rights of citizens in their relations with public administrations. 99 Act n° 2000-516 of 15th June 2000 reinforcing the presumption of innocence and victims’ right. 100 A draft bill was prepared but not presented in 2001/2002. 85