CAT/OP/GBR/CSPRO/1
addition, “Persons who require showering should, where appropriate, be offered the
opportunity to do so. If necessary, female persons should be transferred between custody
centres to ensure adequate washing/showering facilities are available”.
152. In relation to telephone calls, a Letter of Rights for people in police custody is issued
to an arrested person which includes the explanation that a right exists to have someone told
that the person is at a police station. Additionally, a video is being developed to assist with
explaining a person’s rights, which is in addition to the letter of rights they receive.
B.
Penitentiary Institutions
“90. The Subcommittee recommends that the State party ensure segregation of
prisoners is a last resort and for as short as time as possible, and never longer that 15
consecutive days, and that segregated prisoners are provided with a purposeful activity
and meaningful human contact each day in line with the Standard Minimum Rules for
the Treatment of Prisoners (Mandela rules).”
England and Wales
153. Segregation should be used only as a last resort whilst maintaining a balance to ensure
it remains an option for disruptive prisoners. There are occasions where, for their own safety
or that of others and in line with PSO 1700, prisoners are segregated from the main population
of the prison. Removal from association under these circumstances is always for the shortest
time necessary and the prisoner must be returned to normal location as soon as practicable or
safe. Prisoners in segregation have the opportunity for daily interaction with prison and
healthcare staff, chaplaincy and can speak and, if safe to do so associate with other segregated
prisoners.
Prisoners can be segregated under a range of authorities, which are set out in Prison Rules.
These are:
• Under Prison Rule 45 (YOI Rule 49) –Good Order or Discipline;
• Under Prison Rule 45 (YOI Rule 49) – In his own interests;
• Under Prison Rule 53(4) (YOI Rule 58(4)) – Prisoner awaiting an adjudication to start
may be kept apart from other prisoners pending the governor’s first inquiry;
• Under Prison Rule 55(1)(e) (YOI Rule 60(f)) – Cellular confinement for a prisoner
found guilty of an offence against discipline;
• Under Prison Rule 55(1)(h) (YOI Rule 60(g)) – Removal from wing/unit for a prisoner
found guilty of an offence against discipline:
154. A governor may authorise segregation beyond 72 hours under the Prison and YOI
Rules. A Governor must obtain leave from the Secretary of State (usually the Prison Group
Director (PGD) acting on behalf of the Secretary of State) to continue segregation beyond 42
days. If segregation is to continue beyond 84 days, then a further PGD Subsequent Review
will take place. Segregation over 6 months must be authorised by the Director. A Segregation
Review Board (SRB) must be held within the first 72 hours of a prisoner being placed in
segregation, then a further SRB must be held within 14 days and every 14 days thereafter.
These reviews consider carefully all of the available evidence for and against continued
segregation in an impartial manner and the option of either extending segregation or
removing the prisoner from segregation.
155. The regime for segregated prisoners (under Prison Rule 45 (YOI 49)) should be as
full as possible and only those activities that involve associating with mainstream prisoners
should be curtailed. In-cell education or work that could be done in cell (e.g. packing) should
be encouraged. Access to activities such as domestic visits, legal visits, use of the telephone,
canteen, exercise and showers should be comparable to those for a prisoner held on normal
location. Certain regime elements, for example, TV, radio/CD player, association within the
segregation unit, PE / gym access could be used as incentives / rewards for prisoners that
comply with the targets set by the Segregation Review Boards.
24
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