- A place where they can wash and wait until the visit takes place and where there is something to occupy any children with them; - A place to stay overnight. ■ The right of a prisoner to be visited by his or her family should not be removed for disciplinary reasons. It may sometimes be necessary, however, to limit the conditions in which visits take place. For example, if there is proof of a previous attempt to smuggle goods into the prison during a visit, the prisoner or visitor involved may be required to have future visits without physical contact. ■ There are major differences between jurisdictions in the way in which untried prisoners are dealt with. In legal systems which stress the presumption of innocence and use an adversarial process to determine guilt, untried prisoners usually have more frequent visiting rights than sentenced prisoners. In legal systems in which guilt or innocence is determined through an inquisitorial process, visiting is often at the discretion of the investigating magistrate or procurator. In such systems, it is important to be satisfied that there really are grounds for withholding visits on the basis of the administration of justice and not as a means of pressure designed to elicit a confession or evidence against co-accused. ■ Arrangements for prisoners to be seen by their legal representatives are particularly important. Such visits should normally take place within the sight but not within the hearing of prison staff. TOPICS FOR DISCUSSION Discuss the visiting arrangements in a prison for people serving long sentences which would best promote the maintenance of family ties. In a number of jurisdictions, prisoners are allowed to receive conjugal or partner visits. - What are the arguments for and against such visits? - If they are allowed, in what conditions should they take place? - What special considerations apply to conjugal visits for women prisoners? Prison staff are convinced that a prisoner is being harmed psychologically by visits from a particular individual, although the prisoner insists that he wishes the visits to continue. There are no other security objections. What measures should be taken? CASE STUDIES 1. A prisoner is not entitled to receive a visit for another month. His mother arrives at the prison gate with the news that his father has just died. She wishes to tell him herself. Should the prisoner be given a special visit and, if so, should there be any special conditions? 2. It has just been decided that prisoners in your country will be entitled to receive conjugal or partner visits. You have been asked to find out what happens in other countries and to prepare a report for your Government with recommendations. You discover that in some countries such visits last for three hours and take place in a small room. The visitors do not have to be spouses or long-term partners but they do have to have regular medical checks. You find that, in other jurisdictions, such visits last for 72 hours and take place in small apartments within the prison. The lead visitor must be a spouse or a long-term partner. Children and other close members of family may also be included. On the basis of this knowledge, prepare a report for your Government with recommendations about the model to be followed. 122