PSO Watch - It's political
In his monthly feature exclusively for Inside Time, former prisoner John Hirst simplifies Prison Service Orders. John spent a total of 25 years in prison (his tariff was 15 years - discretionary life sentence for manslaughter) and is the author of the Jailhouse Lawyer’s blog. Prior to release in May 2004, he proved to be the most prolific prisoner litigant of modern times and, he says, unlike Perry Mason and Rumpole of the Bailey, he never lost a case against the Prison Service
It’s political (the Prisoners’ Votes Case that is). What we are fighting for is human rights, democracy and the rule of law. There is no Prison Service Order dealing with the issue of human rights. For what it is worth, there is a Prison Service Instruction – The Human Rights Act and the ECHR PSI 60/2000. The expiry date is 03 October 2001. Does it have force? Can it still be enforced?
“The Human Rights Act (HRA) comes fully into force on 2 October. It brings the protections of the European Convention on Human Rights (ECHR) into domestic law.”
The Prisoners’ Votes Case is proof that the protections are meaningless to those convicted prisoners who are being denied their human right to vote. These prisoners, with the law on their side, because this is political, have become political prisoners. The prisoners’ crime legitimises lawful punishment - however it is not lawful to ignore their human right, so that element of the punishment is unlawful. How the state treats prisoners determines whether they are political prisoners.
Frances Crook of the Howard League has recently stated that prisoners have a right to fight for their right to vote. One way would be for prisoners to submit R/C Forms to the Governor demanding that he/she refrain from breaching their human right to the vote. It follows that the prison officers are also breaking the law; and ‘following orders’ is no defence (Nuremberg). If there is a refusal to remedy the breach, it is lawful for you to protest. Remember that you are citizens asserting your legal and political rights. Prisoners should raise their political voices so that the Government hears what they are demanding in the run-up to the General Election.
In my view, it should be all or nothing. However as it stands at the moment, all have nothing. Eventually, possibly in 3-5 years, those serving less than 4 years may be able to vote. We attacked the status quo legally, and this has not gone down too well in Westminster Village. The village idiots are rebelling. In spite of the Court judgment, and decisions of the Committee of Ministers, the Government has resisted reforming its errant ways. We have to take the fight to them.
On 1st of June, Protocol 14 comes into force. This will be too late for the next General Election and it is possible that all those prisoners eligible to vote but for the Government’s unlawful ban can claim at least £1,000 each. Protocol 14 allows for us to begin rule 11 infringement proceedings. This means that the Committee of Ministers refers the case back to the Court to rule on the violation of the judgment. The Court decides and then refers it back to the Committee of Ministers to supervise and execute the judgment. I call this ‘political ping-pong’. In my view, it is all taking far too long to resolve; therefore we raise the stakes. Make enough noise for them to listen to what we have got to say on the issue. If you have votes you could lobby for reforms. Because you haven’t, the Government is not listening to what you have got to say. If your voice counts for anything you should get the vote. Make it count!
On a different topic, it is understood that PSO 6710 ‘Prison Libraries’ is to be subjected to a review and amended by a PSI. There is a surplus requirement, that is, it will no longer be mandatory to stock a particular book at a cost of £85 when there is another one available for free, such as insideinformation. The librarian is happy because the money saved can then be spent on something else worthwhile. And prisoners are happy because they have got something for nothing! The Department is happy because the cutbacks in spending mean that there has to be savings, in this case several thousand pounds. It’s a win-win situation all round … well almost!
Progress is threatened by cuts
Conservatives ‘want change’
All-white juries do not discriminate
Unexpected ‘special’ Legal Visits
Influenced by inner anger
250 prison teaching jobs to go
Petition to make trainee psychologists answerable to a higher body
Month by Month
Methadone concerns
Double invisibility
Twice the punishment
The forgotten victims
The best brains?
Doing Things Differently
Public persona … private person
Proactive progression
The inside story
POCA’s furry feline friends
Supporting evidence
Prosecuting Serious Fraud
Transfers from prisons to mental health units
War Torn
Cycles of the Planets
Current page: PSO Watch - It's political
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Issue : September 2010
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September 2010 Headlines
£2bn Cuts
Guilty until proven innocent - historic cases
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The rules are simple, choose your own loophole
Lie detector tests and you
Rule 39 Correspondence - guidance
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