- 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.
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