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Serving a Prison Sentence: Prisoner's Rights

By: Liz Lennox - Updated: 25 Jan 2021 | comments*Discuss
 
Prison Prisoners Crime Legal Convicted

Anyone convicted of a crime in the UK, or being held on remand pending trial, will not be able to avail themselves of the full extent of the rights currently on the law books, or protected by the European Court of Human Rights. However, this does not mean that they become sub-human or less deserving of respect and dignity than anyone else, it just means that they are subject to certain restrictions.

Allocation

Upon arrival in prison you will be searched for any items that are not permitted in the prison, such as weapons or drugs etc. Any cash that you are holding will be confiscated and placed into a special account for your use. This may all seem a bit harsh but you need to bear in mind that the prison system is not designed to be a holiday-camp, recent headlines notwithstanding.

Each prisoner is required, as part of their time in Prison, to abide by the rules laid down by the Prison Act 1952 and also to any rules or regulations that cover that particular establishment.

Once you have been searched and assessed you will be allocated a certain category based, in part, on your offence and on your behaviour. The basic regime has the strictest rules and fewer privileges than its more favourable counterparts (the standard or enhanced). Also, again dependant on your particular offence, you may be immediately segregated from the rest of the prison population. Many critics of the prison system would say that this is not necessary; that all prisoners should be together and whatever happens; happens. This would be a breach of one of the most fundamental human rights; protection of the body and respect for dignity.

Contact with Family

It is a breach of the Prison Act to deny a prisoner the ability to contact his family and loved ones. Therefore card or PIN telephones are available in all prisons however, for security purposes, all calls are taped except those to legal counsel, the Samaritans or other similar organisations. In some cases, as a punishment, the Governor may restrict phone use although this is in breach of the European Convention on Human Rights.

In addition to phone rights the Prisoners also have the right to send two letters to loved ones; one ‘statutory’ letter and one ‘privilege’ letter. The privilege letter can be stopped as a punishment but the statutory one cannot. All letters coming from inmates of High-security prisons and Category A offenders will be read and possibly censored. This also covers letters to legal counsel, although this is just intended as a measure to ensure that it is actually legal in nature and not a ploy intended to assist the inmate in breaking the rules or committing further offences.

In addition the Governor of the prison, no matter which category, has the power to send back letters sent to inmates if they are too long or if there are too many arriving. This may be a breach of personal freedom but this must be offset with the need to keep order in the prison system.

Restrictions

Make no mistake, no matter what your crime, you will be subject to the Prison Rules while you are a ‘guest of the state’, however many of your basic rights are unchanged. You still have the right to food, protection from assault and access to the courts. What you lose are your civil right to vote and your right to personal freedom, among others.

What we have at the present are basic needs being met in the form of food, housing, work, education, protection and acknowledgement of the family unit.The law is still developing in this area and it may be that further rights are introduced as the law changes; it may also be that rights are removed by necessity or for security reasons. Whether the Rules past, present and future can stand up to the scrutiny of the European Court of Human Rights is a matter for the Prisoners groups and the Lawmakers but the prison system is its own society and therefore any proposals for change in this area will be the subject of intense debate.

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My son is in the last two years of a statutory life sentence awaiting a move to open prison . They are on 24 hour bang up due to coividhave meals brought to cell, no exercise and little to no health care checks. Hes had no family visits for 14 months now and get no idea of what is going on re his status. I understand completely that there are exceptional circumstances but surely if this is the way things are going to be for the foreseeable future then every day life has to be reassessed and adjusted for all concerned?
Beverly Giles - 25-Jan-21 @ 12:23 PM
My brother in law has been refused his D Cat twice now because the police have raised concerns about him however they have not given him the chance to see what he would do as they keep refusing him D Cat, is this right? Also HM Parc have had them locked in their rooms now since March 23 hours a day recently over Christmas they never allowed them to leave their rooms for a shower or wash their clothes aswell. Parc also wrote a statement in walesonline that on Christmas Day the prisoners would be involved in a number of activities such as pool, bingo, the gym none of these activities were played by prisoners. Surely they are not allowed to treat human beings this way it is against their human rights.
Tasha - 29-Dec-20 @ 9:40 PM
My son has been in Altcourse now for 3 weeks or so , he has been moved to a new wing , one which he expressly asked not to go on for personal reasons. He has been given a bunk which has a mattress no thicker than a piece of paper, he has requested a differentone for at least 3 days as he is getting no sleep at all, which is detrimental to his health. All requests are being ignored. Please could anyone give me advice as what to do?
Mags - 18-Dec-20 @ 11:53 AM
My 18 year old son has been on remand since September. He was transferred to Thameside prison on Friday for a court appearance of 30 seconds that could of been done by video link and allowed him to remain in Wandsworth . It’s been a week and we have had no contact. I’ve sent money and emails requesting a response, nothing. My sons friend has contacted me last 2 days my son has been able to call friends but the prison has blocked family calls. My son says he is being abused and refused a risk assessment even though he has a Mental health diagnosis. They put him down the block for 2plus days, when he arrived for setting off the scanner when walking thru it, he had nothing. They’ve put him in segregation now and refused him his canteen, clothes, legal documents. He is locked up and not allowed out of the cell and the guards are taking his prison phone, so he is unable to make calls. I’ve informed my Solicitor but no response, please can somebody tell me if this is legal?
Cece - 11-Dec-20 @ 8:06 AM
May son is in HMP Aylesbury .He get some skin infection 1officer said us look like a scabies then come nurse and stated that it was not scabies, but staphylococcus, but that scabies ointment left him .Next day in the morning doctor come but also wasn't sure. He said he would bring him an antibiotic and ointments. It is now 11pm my son has not received any ointments or antibiotics. His wounds started to burst and pus oozes out of them,it itches terribly!.Nobody responds to his requests.How can I help him.My heart breaks.
Emi - 8-Dec-20 @ 11:41 PM
Hi my son is in Dovegate which is miles away from Newcastle he has served 2 and a half years for a 8 yr sentence he is currently in cat b but has been knocked back for cat b as he's in therapy but this is not on atm he wants to get cat c so he can move prison closer to home and his family he has 2 sons one that he hasn't seen since he was 1 please could you let me know how long he has to do or if he still will get cat d next year also they are locking them all up all day xmas is this right . thankyou
helen - 8-Dec-20 @ 12:31 PM
My friends son was sentenced to 4 years in HMP Grampian, that was five months ago, the police rammed him off the road and he suffered a head trauma this was never seen to. He complained of a sore back since he went in and 2 weeks ago he was passing blood, nothing was done until his solicitor contacted the governor, where a young Dr came to see him did a urine test and gave him antibiotics a week later. Another older Dr told him it was anxiety, he was then put in a cell the next day by himself (med obs) with no access to his antibiotics. He is now very unwell sore back, lung and chest pains and has passed foul smelling urine and stools but they still haven't taken him to the hospital for a scan. Second complaint going in. Most people would have been up in A&E by this point. My friend has geared herself up to never seeing her son again or even possibly donating a kidney to him at Christmas. Nobody deserves to be left untreated health wise. If anybody has ever heard of anxiety being the cause of blood in the stools or urine then please show me the evidence!!!
Reach - 28-Nov-20 @ 10:10 PM
My partner has been in there for 3 weeks, they have locked him up 24 hours a day and won’t even let him out to get some fresh air. He is loosing his mind and saying he will harm himself. I have tried everything under the sun to contact the prison and no one cares I am struggling so much to come to terms with how the have no rights. Has anyone had any help??
Emily - 7-Nov-20 @ 5:49 PM
My son iscurrently in dove gate prison he has not been let out of his cell since monday, hes not been allowed to shower or have clean clothes, they have said it's down to covid but he had a test 3 days ago and still no results
Ian highcock - 6-Nov-20 @ 2:58 PM
My partner has been in prison for 8 months now. 2 months ago we bought him brand new clothes and shoes for him to wear and sent them off. The prison kept telling him every weekend that his clothes were coming on that same weekend however its been over a month now. Other people have received their things.
Elene - 4-Nov-20 @ 2:24 AM
My son is in forest bank he has been there 2 weeks.He is not getting his food write thay dont always give him water for a drink.And thay also are not letting him have a tv like all others.He is in there 24 hours a day not even getting a shower
Rose - 28-Oct-20 @ 7:48 PM
My Partner was Remanded and sent to a prison a week ago, I haven't had any contact with him neither has his mum. Can't get his prisoner number as prison have said it's for him to tell us! We were told to write and send a postal order with his full name and all other details of his and it should get to him. We sent all this a week ago still waiting to hear.Is this normal?? as this is completely new for me.
Kerry - 24-Oct-20 @ 12:37 AM
I read all stories here, some very similar to my situation. Is there any reply?
Moon - 19-Oct-20 @ 10:53 PM
My partner got 7 years and 3 months and has to serve two thirds of his sentence , so he is to serve 4 yearsand 9 months , his release date is 2025 and his rotl date is 2023 so he has to serve 2 years 9 months before he can get to a category d prison , I'm being told you can get category d with 3 years left of your sentence is this correct ? And how would my partner do this , thanks Jess.
Jess - 2-Oct-20 @ 1:03 AM
In response to comment from Jackie - as long as you have his prison number you can send him a same day message on emailaprisoner this is printed and put under his door
Jake - 26-Sep-20 @ 1:14 AM
My son is in hmp gartree I've been waiting for a call off him for nearly 2 weeks it's so unlike him not to contact us I'm going out of my mind with worry as the prison won't tell me anything is there any where I can get help to find out what's going on he has money and letters off us but not contacted any of us
Jackie - 30-Aug-20 @ 3:15 PM
My son is in prison been infor 3 weeks weve not heard from him we have rang every one but no will help .we sent letters emails . Money.But nothing comes back we dont understand. Even been on to his solicitor.But hes not done anything
Rose - 20-Aug-20 @ 7:58 PM
My son is in prison but not heard from him for over a month dispite writing letters and asking prison for information they say they cant tell me anything unless my son gives permission I'm so worried about him as its unlike him not to phone me
Annie - 5-Aug-20 @ 12:25 AM
My husban is in hmp humber they say he is a danger to us because of dv never been charged or arrested for dv had child protection assessment who srt safety plan saying if he would not leave when showing anger i had to call police as if it was reported by neighbours it would be. Ad foe me so agreed to safeguard plan now safeguarding js dismissed all safeguarding issues and signed us off and this included my husband also we are now having release from prison issues due to oasys reports using saftey plan calls to police which was all ruled of with social services
Don - 29-Jun-20 @ 10:28 PM
My son is serving a life sentence and was moved to Swaleside before his Oasys report was finished, he has not been given a sentence plan either. This was just prior to lockdown. He has not had an induction so not been given the opportunity to work. Does anyone know if procedures have been broken or if there is anything that can be done to ensure that these are undertaken?
Harmony - 17-Jun-20 @ 9:47 AM
My boyfriend has ten years left in prison by the time he comes out we will be to old to have a child. I had a health condition that made us out off having a child not knowing he would go to jail obviously but now I am able to have child safely. I have researched and it’s against your human rights act a to stop him having a family but does this apply in the uk? It says the government looks at each case and decides. Then you have he’s sperm and that you can do this on the nhs but you can pay which I’d be more then happy to do. I don’t no where to start with his and I get it’s not going to be a straight forward process. Please help With any advice thank you
N - 10-Jun-20 @ 12:31 AM
My Husband got sentenced november 2018 and got 8 and half years it will be he second year this november. He wants to push for he's cat d but doesn't want it to get rejected what should he do? He has completed he's sentence plan and has never been in trouble.
Sonia - 7-Jun-20 @ 9:05 AM
Hi my daughter is in hmp newhall we recently found out she has underlying fatal health issues she is a victim of historic child abuse which has caused this health issue she has been picked on and bullied by officers for just under a year only reason she went back to prison was she thought she had nowhere to bail too even though police wanted to bail her she should be released she is not a danger she upfront honestly could die in there she is under hallamshire hospital ongoing for life she has done time for thepeople who abused us both yet they are free to wonder street they are a danger to society not her it's been confirmed damage from abuse from a so called family member has affected her nuero heart and neck causing fatal seizures that can lead to coma and death prison messing with her lifesaving meds when her consultant at hospital told them not too I'm so worried bout her she's suffered enough and should never have been in prison no one is listening been to all right Chanel's please we need help on this it's a shoddy justice system that locks up victims of abuse andabusers get off with their crime!!!!?
Vix - 29-May-20 @ 6:51 PM
Hello. Me and my partner had a disagreement which resulted in him assaulting me. I didn’t press charges but police pushed for a dvpo. This resulted in him breaching and then ended up in court. He’s been jailed and I was just wondering if I can still contact him?
Sarahlouise111 - 20-May-20 @ 2:53 PM
Hi my husband was arrested for breach of DVPO police won't tell me were he is I'm going out of my mind with worry he hasn't phoned me or anything I dnt know wat to do . Please help me . Can I phone Walton prison to see if he is there police just keep saying he safe and well not enough for me .
Wifey76 - 24-Feb-20 @ 11:02 PM
My boyfriend was sentenced to 6 years on Friday. I was told he would call me later that evening. I haven’t heard anything from him and neither has his family. We are so worried what can or should I do
Maz - 16-Feb-20 @ 7:11 AM
My bro is in hmp/you doncaster he was victim of attempted rape he had to fight for his life in order not to be raped he was physically assaulted also they are treating him very badly who can I get to help him? I spoke to his probation officer and still nothing who can help him??
Naj71 - 16-Jan-20 @ 3:58 PM
Hi my husband and i was on a closed visit with our 10monthe old son it was our last closed visit as he was put on closed for 3 monthes at the end of the visit everything was fine 2days later my husband got a letter saying he done something inappropriate infront of me and my son and the officer said he did ask my husband on the visit what he was doin & my husband denied everything which is just ridiculous beacuse this did not happen! Now now they have put a Restriction on my baby till they investigate which was 5weeks ago now i have a prison solictor onto it she has sent my husband 2 forms of paperwork and he has not received it but is gettin normal mail from myself clearly the prision is holding this paper work back from him jst wanted to no how long will it take for this restriction to be removed once they find out this officer is lying? he is bein investigated to as my husband and myself have put in a complaint against him
Ss - 7-Jan-20 @ 12:23 AM
Hi, My partner has been in prison for 2 years, he was granted his Cat D but due to on going issues with a POCA & a complaint about the OMU Governor at HMP Wandsworth, this has been revoked.Is there any advice you can offer please, as we cannot afford a lawyer? Zed
Zed - 13-Dec-19 @ 1:37 PM
My husband is in forest bank and I've been writing to him via email a prisoner. All of a sudden his name and number has been took off my account. Can the prison do this and why.
Linz - 6-Nov-19 @ 2:20 PM
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