New prison punishments introduced
A new system of ‘prison punishments’ is to be introduced by the Government.
For the first time, Governors will be able to impose “payback punishments” on prisoners who behave badly in jail, such as damaging prison property or being disrespectful to staff.
Punishments will vary from prison to prison, but could include repairing broken items, clearing shared or disused spaces, and litter picking. Offenders who refuse to carry out their payback punishment could have their prison work earnings blocked or privileges forfeited.
These new powers will be in addition to the powers that prison Governors already have to deal with offenders who commit crime while in custody.
In the most serious incidents, for example sexual assault or selling drugs, it will remain the case that the offences will be reported to the police and perpetrators face the prospect of new convictions and further time in prison.
Prisons and Probation Minister Ed Argar said:
“Discipline is the cornerstone of a prison that is safe for staff and where offenders are put on track to become law-abiding citizens.
Unruly behaviour is not tolerated and these new punishments will help force prisoners to realise their disruptive actions have tough consequences.”
How are these new measures enforced?
The government has issued a revision to prison guidance via Prison Service Instruction 05/2018, with amendments effective from 13 May 2024.
If the charge against the prisoner is proved the adjudicator must consider the appropriate punishment(s). There are a number of factors that must be taken into account;
- The seriousness of the offence
- Local punishment guidelines in relation to that type of offence
- The prisoner’s previous disciplinary record
- The likely effect of the punishment/s on the prisoner (including any health or welfare impact)
- Any mitigation the prisoner may offer
- If the punishment and the location of punishment would have a detrimental impact on any member of staff.
Adjudicators must consider the risk factors on an open Assessment, Care in Custody and Teamwork (ACCT) plan or an ACCT closed within the last three months.
Any punishment must accord with the punishments listed in the Prison or YOI Rules, and be proportionate to the offence. The punishment and reasons for any departure from the local guidelines must be recorded on the record of hearing and explained fully to the prisoner, along with the means by which a review of the guilty finding or punishment may be requested.
Why now?
Capacity in the prison system is limited, and space is at a premium. In recent years there have been a large number of convictions based on Encrochat and several hundred people have been handed lengthy prison sentences that will see them remain in custody for many years. Providing alternative ways of upholding prison discipline apart from awarding additional days is no doubt designed to ease the pressure on the prison system.
How can we help?
If you need specialist advice in relation to any criminal investigation or prosecution, from the initial investigation through to court proceedings, please get in touch. Call John Howey on 020 7388 1658 or email jhowey@jfhlaw.co.uk. Let us help.
Image credit: Main gate to the HM Prison Wormwood Scrubs” by Chmee2 is licensed under CC BY-SA 3.0.