Glossary of Prison Related Terms
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2052SH More info
2052 is the form number and SH stands for Self-Harm. A form which is filled out when a resident is thought to be at risk of self-harm or suicide. Residents who have a 2052SH form opened for them should be checked on at regular intervals. There are regular reviews of this status. Now being replaced by ACCT.
See PSO2700 and PSO0200 Standard 60.
A
A.R.T. - Aggression Replacement Therapy More info
An accredited Offending Behaviour Course.
AIMS OF THE PROGRAMME
Aggression Replacement Training is known as ART for short. ART is about getting the person to think about how they handle situations that might lead to conflict. The course looks at what happens when someone gets angry and loses control, and participants are taught ways of dealing with these situations without becoming aggressive.
HOW LONG IS THE PROGRAMME?
There are 18 group sessions in ART, each lasting for two hours. Before the group starts, participants attend six sessions with a member of staff. After the group finishes there are a further six sessions with a staff member. That makes 30 sessions in all.
WHAT HAPPENS ON ART?
The programme involves thinking about the best ways of dealing with difficult situations. Participants are taught new skills that they can use to handle those situations. They will also learn how to avoid becoming aggressive when upset or angry.
See PSO4350
Click Here for Probation Circular
Abandonment (Appeals) More info
An appeal may be abandoned by giving notice in writing at least three days before the hearing to the same parties upon whom the Notice of Appeal was served.
See Criminal Procedure Rules Part 63.5. (Archbold 2 - 176).
If the notice of abandonment is less than three days, the respondent can insist that the matter is listed. The main purpose in the CPS insisting that the matter be listed would be to seek costs.
Unless the costs incurred in the preparation of the appeal are substantial it will not normally be in the overall interests of the CPS to insist on an abandoned appeal being listed.
Abbreviations and Acronyms More info
ABC - Anti-Social Behaviour Contract More info
This is a voluntary contract, usually used with young people, to address anti-social behaviour without the need for courts and ASBOs. They are not legally binding but, if broken, may lead to firmer action.
Anti-social behaviour includes things such as:
- rowdy, noisy behaviour in otherwise quiet neighbourhoods
- threatening, drunken or 'yobbish' behaviour
- vandalism, graffiti and fly-posting
- dealing or buying drugs on the street
- litter and fly-tipping rubbish
- aggressive begging
- drinking in the street
- setting off fireworks late at night
- abandoning cars on the street
Click Here for more information
ABH - Actual Bodily Harm More info
A charge relating to a serious violent assault.
Title: Offences against the person
Offence: Assault occasioning Actual Bodily Harm
Legislation: Offences Against the Person Act 1861 section 47
Mode of Trial: Either way
Statutory Limitations & Maximum Penalty: 5 years imprisonment
Sentencing Range: Specified violent offence
Aggravating & Mitigating Factors
Use of a weapon, feet, or head-butting Nature and number of blows. Lasting/serious injury or minor injury. More than one offender or victim. Whether unprovoked violence, excessive self-defence etc. Victim vulnerable or serving the public. Volatile location such as night club.
The Crown Prosecution Service service has said that, by way of example, it considers the following injuries to be ABH and to be sufficiently serious that they could not be adequately reflected by a charge of common assault.:
♦ The loss or breaking of a tooth or teeth
♦ Temporary loss of sensory function, including loss of consciousness
♦ Extensive or multiple bruising
♦ A displaced broken nose
♦ Minor fractures of bones
♦ Minor (but not superficial) cuts requiring medical treatment
♦ A recognised psychiatric disorder
Click Here for more information.
Abscond More info
A prisoner or young offender fails to return after being temporarily release, for whatever reason. Absconding is different from escaping. The period outside custody is known as 'Unlawfully at Large'.
Effect of time served
Reproduced from PSI2008-020 and PSI2008-028
The day of escape/abscond and the day of recapture do not count as part of the custodial period of the sentence for calculation purposes i.e. both days will be time UAL (unlawfully at large); but time Spent in police detention following recapture is treated as time served towards the custodial period.
Where a prisoner has failed to return on time from a period of temporary release, and has not been returned to custody before midnight of the day s/he was due to return, that day will be treated as the first day of UAL. The last day UAL will be the day of their return to custody for calculation purposes.
A prisoner whose licence has been revoked whilst not in custody will be deemed to be unlawfully at large. For sentence calculation purposes the first day of UAL time will be the day following the revocation of licence. The last day of UAL will be the day before arrest. This also applies to revocations of temporary release licences (including End of Custody Licence releases).
See PSI2008-020 and PSI2008-028,
A new PSI has been published concerning the prosecution of absconders
PSI 2010-013 - prosecuting absconders
Abuse of Process More info
The courts have an overriding duty to promote justice and prevent injustice. From this duty there arises an inherent power to stay an indictment (or stop a prosecution in the magistrates courts) if the court is of the opinion that to allow the prosecution to continue would amount to an abuse of the process of the court.
Abuse of process has been defined as something so unfair and wrong with the prosecution that the court should not allow a prosecutor to proceed with what is, in all other respects, a perfectly supportable case (Hui-Chi Ming v R [1992] 1 A.C. 34, PC). Unfair and wrong is for the court to determine on the individual facts of each case. The concept of a fair trial involves fairness to the prosecution and to the public as well as to the defendant: DPP v Meakin [2006] E.W.H.C. 1067.
Click Here for more information (CPS)
Click Here for more information (Masood Ahmed - Law Gazette)
Click Here for more information
insidetime Articles
By Aziz Rahman, Solicitor and Jonathan Lennon, Barrister, from insidetime issue September 2010
When will a Judge throw a case out of Court because of the behaviour of the Prosecution?
by Aziz Rahman and Jonathan Lennon - issue September 2009
When will a Judge throw a case out of Court because of the behaviour of the Prosecution?
Acceptable Behaviour Contract More info
Acceptable Behaviour Contracts (ABCs) are written agreements between a young person, the local housing office or Registered Social Landlord (RSL) and the local police in which the person agrees not to carry out a series of identifiable behaviours which have been defined as antisocial. The contracts are primarily aimed at young people aged between 10 and 18.
An Acceptable Behaviour Contract (ABC) is an early intervention (generally following two warnings but prior to an Anti-Social Behaviour Order) made against individuals who are perceived to be engaging in anti-social behaviour. Though they may be used against adults, almost all ABCs concern young people [1].
The contract, drawn up and agreed upon by the agencies concerned in consultation with the individual, contains both negative and positive conditions, detailing respectively what behaviour the individual will cease to partake in and what activities the individual will pursue to change their behaviour.
Though ABCs are not legally binding, breach of an ABC is often used as evidence to support an application for an Anti-Social Behaviour Order, breach of which is a criminal offence.
ABCs were first used in Islington in the early 2000s [2], and rolled out nationwide in the following years.
Information from Wikipedia and the Home Office
ACCESS More info
ACCESS is a Behavioural Course to help individuals who have difficulty coping.
Accommodation Officer More info
The Accommodation Officer has a central role in all YOT activities that contribute towards the prevention of youth homelessness and helping young offenders access suitable accommodation.
They have clear strategic and operational responsibilities and are responsible for ensuring that the YOT has a local accommodation strategy that links effectively to the local YOT plan, local housing or homelessness strategies, the local Supporting People Strategy and crime reduction and community safety strategies.
Accommodation Officers are responsible for:
- ensuring that all young offenders in the area access appropriate housing services, accommodation resources and the support they require to meet their needs
-
ensuring that the necessary systems and processes are in place to identify the risk of homelessness amongst young people who offend or who are at risk of offending.
Information courtesy of The Youth Justice Board
Accomplice More info
There is no formal definition of the term "accomplice".
This is generally a person who; 'atakes part in the offence, or who aids, abets, counsels or procures its commission'.
Accomplices are not competent witnesses for the prosecution where charged in the same proceedings. They can give evidence against a defendent if they, themselves, are not being prosecuted and they can be given immunity from prosecution on any incriminatory evidence they give in court.
Click Here for more information.
Account Monitoring Order More info
An order requiring certain types of financial institution to provide certain information held by them relating to a customer for the purposes of an investigation.
Accumulated Visits More info
Visiting Orders are normally valid for 28 days however a prisoner can ‘accumulate’ Statutory Visits so that if they are a long way from their family they can have more visits in one week or can transfer to a suitable prison nearer their home where visiting will be easier for their family and friends.
Acknowledgement of service More info
When the particulars of a claim form (outlining details of the claim) are served on (delivered to) a defendant, they receive a response pack including a form which they must use to acknowledge they have received the claim.
The defendant must file (return) the acknowledgment form within 14 days of receiving the particulars of the claim. The particulars can be served with, or separately from the claim form.
ACPC - Area Child Protection Committee More info
The inquiry into the death of Maria Cowell in 1974 highlighted a serious lack of coordination among services responsible for child welfare. Its report led to the development of Area Child Protection Committees (ACPCs) in England and Wales.
The Area Child Protection Committee (ACPC) is a local multi-agency forum that brings together representatives from each of the main agencies and professions responsible for helping to protect children from abuse and neglect.
The ACPCs enable agencies to work together to promote the well-being and protection of children through agreed policies, procedures and strategies underpinned by appropriate training.
There are many ACPCs covering the whole country.
Action Plan Order More info
Introduced under the Crime & Disorder Act 1998. These are designed to produce an individual response to offending behaviour. They are used with a young person, who must comply, and are supervised by a Youth Offending Team.
An Action Plan Order is an intensive, community-based programme lasting three months. The order is supervised by the Youth Offending Team (YOT). The programme developed by the YOT is specifically tailored to the risks and needs of the young person. It can include repairing the harm done to the victim of the offence or the community, education and training, attending an Attendance Centre or a variety of other programmes to address a young person's offending behaviour.
The following is reproduced courtesy of Walsall Council
© Walsall Council 2010
What does it mean?
It means that you will be given:
? Help in keeping out of further trouble with the Police
? Advice in areas in which you may be having problems, e.g. at home, school/college or work, or with other people or with drugs
? Support from your Youth Offending Service worker who is there to see you regularly and listen to what you have to say.
? You will also be required to engage in a restorative process which will be victim led, and may include mediation and/or reparation in the form of voluntary work in the local area as a form of community pay back. This will be organised for you by the Youth Offending
? Service Restorative Justice Team, and will be supervised.
? A detailed plan for what is going to be done during your Order will be agreed with you and your parents/carers within the first week. This is called an Action or Supervision Plan. The Plan will be reviewed every three months.
What part do I play in the order?
Under an action plan order you will have to:
? Keep your appointments with your Youth Offending Service worker, which will be twice a week in the beginning. These appointments will usually be at the Youth Offending Service Office or at your home
? Work with them to look at why you offend and ways in which you can change your behaviour
? Take part in Reparation activities as arranged for you by the YOS Restorative Justice Team
? Carry out any other things you have agreed to do
? Act responsibly whilst on supervision in your community and when attending for appointments
? Keep to any additional requirements that have been agreed in your Supervision Plan
Other conditions may be attached to your Order. These will be explained to you separately by your YOS worker.
Who will know I am on this Order?
Under the action plan order there will be times when your Youth Offending Service worker will visit you at home and discuss your progress with your parents /carers. You may also be referred to see one of the YOS partner workers for help with a particular problem, e.g. drugs, health, accommodation or employment/training.
You may also be expected to participate in a group programme run by YOS workers to address aspects of your offending behaviour.
It may also be helpful to talk to your school, youth club, or employer. You will be asked what you think about this before it happens.
What can go wrong?
If you do not co-operate with your Youth Offending Service worker you will be taken back to Court for being in breach of the action plan order.
If the breach is proved, the Court may then deal with you in some other way, such as:
? Giving you another chance under supervision on the Order
? Making an Attendance Centre Order
? Imposing a fine on you or your parents [depending on your age]
? Re-sentence you for the original offence
What if I do well?
With an Order lasting three months, there is not enough time for your Youth Offending Service worker to consider applying to the Court for the Order to end early. However, the length of time you will spend in your Supervision sessions will depend on how well you are doing, and if you are doing well then your time in the Youth Offending Service Office will be less.
Click Here for more information.
Acts of Parliament More info
This is the legislation which shapes the Justice System and regulates prisons.
Below are listed some common Acts of Parliament (and Scotland) which are often quoted in Prison Rules and matters relating to criminal justice.
Click to download the full Act.
Civil Imprisonment (Scotland) Act 1882
Convention relating to the Status of Stateless Persons 1954
Copyright, Designs and Patents Act 1988
Courts-Martial (Appeals) Act 1968
Crime and Punishment (Scotland) Act 1997
Criminal Justice and Immigration Act 2008
Criminal Justice and Public Order Act 1994
Criminal Law (Consolidation) (Scotland) Act 1995
Criminal Procedure (Scotland) Act 1995
Freedom of Information Act 2000
Law Reform (Miscellaneous Provisions) (Scotland) Act 1940
Local Government etc. (Scotland) Act 1994
National Health Service Reform and Health Care Professions Act 2002
Police and Criminal Evidence Act 1984
Police, Public Order and Criminal Justice (Scotland) Act 2006
Prisoners and Criminal Proceedings (Scotland) Act 1993
Prisons and Young Offenders Institutions (Scotland) Rules 1994
Protocol relating to the status of refugees - New York on 31st January 1967
Smoking, Health and Social Care (Scotland) Act 2005
UN Convention relating to the Status of Refugees - Geneva on 28th July 1951
Should you wish to suggest any further useful Acts please use the 'contact' link below.
Actus Reus More info
Guilty act.
The offence of which the defendant is accused.
Ad Hoc More info
For this purpose.
Ad Hoc decisions are made as and when a situation demands.
Ad Hoc committees are formed to address a particular issue.
Ad Hoc meetings would take place to discuss specific matters
Ad Infinitum More info
Without limit.
Describes an event apparently continuing without end.
Ad Litem More info
For the suit.
Denotes a temporary appointment which continues during legal proceedings ie Guardian Ad Litem.
Adapted Course More info
Some of the Offending Behaviour Courses have been adapted to help people with literacy or learning difficulties.
Click Here for more information about 'Adapted Courses'.
Adapted Sex Offender Treatment Programme (ASOTP) More info
A special SOTP course for people with literacy or learning difficulties.
Click Here for more information about 'Adapted Courses'.
Added Days (ADs) More info
Extra days put on a prisoners sentence by an external adjudicator at a disciplinary adjudication.
Adduce More info
ADHD - Attention-Deficit Hyperactivity Disorder More info
Attention Deficit Hyperactivity Disorder (ADHD) is one of the most common childhood disorders and can continue through adolescence and adulthood. Symptoms include difficulty staying focused and paying attention, difficulty controlling behaviour, and hyperactivity (over-activity).
Attention deficit hyperactivity disorder (ADHD) is defined by two broad groups of behavioural problems: inattentiveness, and a combination of hyperactivity and impulsiveness. Common symptoms within these groups include a short attention span, restlessness, being easily distracted, and constant fidgeting.
How common is ADHD?
ADHD is the most common behavioural disorder in the UK. It is estimated that the condition affects between 3-9% of school-aged children and young people. ADHD can be a life-long condition, and many children who have it continue to have symptoms in adolescence and adulthood. However, it is still uncertain as to whether ADHD can occur in adults without first appearing in childhood.
Children naturally have a tendency towards the kind of behaviour that ADHD causes, but this behaviour should not be confused with ADHD. There are several criteria that must be met for a child to be diagnosed with ADHD. Adults are harder to diagnose because there is no definitive set of age-appropriate symptoms.
Symptoms of ADHD tend to start at an early age, and they may become more noticeable when a child's circumstances change, such as starting school. Many people with ADHD also have additional problems, such as sleep disorders, low self-esteem, and learning difficulties. However, ADHD has no effect on intelligence.
There is no cure for ADHD, but it can be managed using medication. There are several medical treatments for ADHD, all of which should be accompanied by psychological, educational and social therapies.
Reproduced courtesy of NHS Choices/DirectGov
Click Here for more information
ADJ1 - Form to appeal an adjudication More info
To appeal against adjudication by a prison governor, director or controller a prisoner should fill in an ADJ1 form (which is blue). This form should be freely available on the wing.
Once filled in, the form should be posted in the Complaints Box. It will be passed to the Briefing and Casework Unit, who investigate and make a recommendation to the Area Manager, who makes the final decision. The prisoner receive the reply within six weeks.
Since April 2005 appeals against decisions by independent adjudicators can no longer be made through the Complaints Procedure, but must be made in writing via the governor to a senior district judge at Bow Street Magistrates Court. There is currently no mechanism, other than judicial review, for appealing the finding of guilt in these cases and the appeals can only address the level of punishment.
Click Here for a link to the Prisoners' Advice Service information on complaints
Adjourn More info
To suspend or delay the hearing of a case. This may be due to many reaons and either side may ask the judge (or magistrate) to adjourn a hearing - usually to give more time to prepare or produce evidence.
Trials may be adjourned if the judge or principle participants or lawyers are not available.
Adjudication More info
A mini-trial, at which a prison governor is the judge and jury, which hears allegations of breaches of prison discipline by prisoners. There are a number of official forms associated with adjudications which prisoners should be aware of: these are all outlined in PSO2000 - Discipline Manual.
The old forms have now been replaced and have new codes:
Click on the form to download a copy
New form - Purpose - Old form
- DIS 1 - Notice of report - F1127 A & B
- DIS 2 - Prisoner adjudication information sheet and prisoner’s statement - F1127 C
- DIS 3 - Record of adjudication hearing - F256
- DIS 4 - Record of hearing continuation sheet - F256 A
- DIS 5 - Adjudication report - F256 B
- DIS 6 - Conduct report for adjudicator - F256 C
- DIS 7 - Adjudication result - F256 D/1 & 2
- DIS 8 - Request for a review of an adjudication heard by a Governor or Director - ADJ 1
- DIS 9 - Application for remission of additional days - F2129 A, B & C
- IA 1 - New referral to the Independent Adjudicator - No change
- IA 2 - Prisoner transfers (IA cases) - No change
- IA 3 - Outcome of adjudications conducted by an independent adjudicator - No change
- IA 4 - Request for a review of an adjudication punishment heard by an IA - No equivalent
- MR 1 - Notice of minor report - MR Book (Still to be used)
The 'Request for legal representation' (Tarrant Principles) is now incorporated into the form: DIS 3 - F256 E
See PSO2000, PSO0200 Standard 2 and PSI 2011-047
Click Here for our InsideInformation Factsheet on Adjudications
Administration Order More info
An order by a County Court directing a debtor to pay a specified monthly installment into Court in respect of outstanding debts. The Court retains the payments made and at intervals distributes it between the creditors on a pro-rata basis.
Administrative Court More info
The Administrative Court is part of the High Court. It deals with applications for judicial review.
Admiralty Court More info
Part of the High Court. An admiralty claim is a claim for the arrest of a ship at sea to satisfy a debt.
Admissible Evidence More info
Evidence allowed in court proceedings (not all evidence introduced by the prosecution or defence may be allowable in court).
Admission More info
A party involved in a claim may admit the truth of all or part of the other party’s case, at any stage during proceedings. For example, a defendant may agree that he or she owes some money, but less than the amount being claimed. If the defendant makes an admission, the claimant may apply for judgment, on the admission.
Adoption More info
An act by which the rights and duties of the natural parents of a child are extinguished and equivalent rights and duties become vested in the adopter or adopters, to whom the child then stands in all respects as if born to them in marriage.
Adultery More info
Voluntary sexual intercourse between a married person and another person who is not the spouse, while the marriage is still valid. This is a common fact relied on for divorce.
Advance Information More info
Information about the case against an accused to which the they (and their lawyers) may be entitled to see or know about before they enter a plea.
Advice on appeal More info
Written advice from a barrister about whether you have good grounds to appeal.
Advisory Council on the Misuse of Drugs (ACMD) More info
The Advisory Council on the Misuse of Drugs (ACMD) is an independent expert body that advises government on drug related issues in the UK.
It was established under the Misuse of Drugs Act 1971.
The Advisory Council makes recommendations to government on the control of dangerous or otherwise harmful drugs, including classification and scheduling under the Misuse of Drugs Act 1971 and its regulations. It considers any substance which is being or appears to be misused and of which is having or appears to be capable of having harmful effects sufficient to cause a social problem.
It also carries out in-depth inquiries into aspects of drug use that are causing particular concern in the UK, with the aim of producing considered reports that will be helpful to policy makers and practitioners.
Inquiry reports
The Advisory Council, through its Prevention Working Group, carries out in-depth inquiries into aspects of drug use that are causing particular concern in the UK, with the aim of producing considered Reports that will be helpful to policy makers, practitioners, service providers and others.
These inquiry reports set out a summary of the Advisory Council’s findings and a series of recommendations for Government and others. It is usual for the government to then publish a formal response.
Contact
Advisory Council on the Misuse of Drugs
c/o Home Office
3rd Floor Seacole Building
2 Marsham Street
London SW1P 4DF
Telephone: 020 7035 0454
ACMD@homeoffice.gsi.gov.uk
Click Here for more information
Advisory Group on Religion (AGR) More info
Advocates More info
Independent people who can help prisoners to get their voice heard, or speak up for them where they find it difficult.
Affective Statements More info
These are statements made by people who have been affected by a young person's offending behaviour to the person responsible and describes their feelings about what happened.
Affidavit More info
Affirmation More info
A non-religious alternative to the oath sworn by someone about to give evidence in court or swearing a statement. This is given the same weight as a religious oath.
Aggravated Damages More info
Additional damages which the court may award as compensation for the defendant’s objectionable behaviour.
ALG - Adult Learning Grant More info
The Adult Learning Grant (ALG), could give you up to £30 per week while you’re studying. It is designed to help adults who want to go back to learning later in life.
If you’re an adult taking a full-time course, you could get up to £30 per week during term time - that’s around £1,000 a year.
ALG is there to give you a helping hand towards travel, study materials or other costs you might incur while you’re studying.
Find out if you're eligible
Whether you're eligible (and how much you get) depends on your income and benefits – and there are some other requirements that you need to meet.
Click Here to find out if you are eleigible
Click here for more, general information
Alibi Evidence More info
Evidence in support of an alibi is evidence that tends to show that by reason of the presence of the defendant:
- at a particular place; or
- in a particular area at a particular time.
S/he was not, or was unlikely to have been, at the place where the offence is alleged to have been committed at the time of its alleged commission.
Click Here for more information
Alpha in Prisons More info
Alpha in Prisons runs in most of the prisons in the UK, offering attendees a 15-session introduction to the Christian faith. The course is run by Chaplains and volunteers.
Alpha for Prisons was launched in 1995 in response to demand from inmates. Since then enthusiasm for Alpha for Prisons has grown.
It is now registered in 80% of the prisons in the UK as well as running in the prisons of over 74 countries on all the continents around the world. The course is run successfully in all types of prisons and correctional institutions for both men and women and is also used in young offenders and juvenile institutions.
The Alpha course is normally run over a period of ten weeks, although it can be presented over a shorter period of time depending on a prison's regime. At each session there is a chance for fellowship over snacks and drinks followed by the talk. After the talk, participants divide into pre-arranged groups - each group has two leaders and two helpers who may have completed a previous course, or be prison staff or volunteers.
Click Here for more information
Alternative dispute resolution More info
These are schemes such as arbitration and mediation which are designed to allow parties to find a resolution to their problem, without legal action. A party’s refusal to consider ADR could lead to sanctions (penalties) against that party, by a judge, even if the party wins the case.
Amendment More info
The process by which corrections to court documents, such as statements of case, can be made. A statement of case can be amended at any time, before it is served or with permission of all other parties or the court, (once served). The court may reject the amendment, even if the party concerned has permission of other parties to the case.
Amicus Curiae More info
A friend of the court.
A neutral party who does not represent any individual party in the case who will be asked by the Court to make representations from an independent viewpoint.
Amphetamines More info
These are illegal synthetic stimulants. After heroin, amphetamine is probably the most commonly injected street drug in the UK.
Click Here for more information.
Ancillary relief More info
tional claims (e.g. in respect of maintenance) attached to the petition for divorce/judicial separation/nullity.
Angulimala More info
Angulimala advise a team of Buddhist visiting chaplains and liase with the HM Prisons Service to provide an aftercare and advisory service for prisoners after release.
Click Here for more information
Annul More info
To declare no longer valid.
APD - Approved Parole Date More info
The date on which a prisoner who is granted early release on Parole Licence is actually released from prison.
More information about Parole and Release can be found in PSO6000.
Appeal allowed More info
The appeal has been won.
Appeal dismissed More info
The appeal has been lost.
Appeal Hearing More info
When the appeal is actually heard by the Court of Appeal.
insidetime Article
The criminal appeal system: an overview
By Chris Saltrese, from insidetime issue May 2010
Solicitor Chris Saltrese explains the essence of the appeal system
The Court Service publish an leaflet explaining what to do if you want to appeal.
Click Here to download a copy
Appellant More info
A person who is appealing against a decision of the court (eg conviction) is known as an appellant.
Click Here for our InsideInformation Factsheet about Appeals
Application More info
Often just called an ‘App’ This is a form a prisoner completes to request something. The style varies from prison to prison; but at all establishments a resident is entitles to place applications every day.
Applied DNA More info
This is a method where specially manufactured botanical DNA is used to authenticate products in a unique manner that cannot be copied.
It is used in the security industry, for example, to mark bank notes. Using this method it is claimed to be able to provide the forensic evidence to prove that a specific person(s) committed a specific robbery.
Click Here for more information
Apply for leave to appeal More info
Send the completed papers to the court to start an appeal.
You need to make sure that you should be appealing to the Court of Appeal and not to another court.
- Appealing against conviction You can only appeal against conviction to the Court of Appeal if you were convicted at the Crown Court. If you were convicted in the Magistrates’ Court, you need to appeal to the Crown Court (or possibly to the Administrative Court) and you should speak to the Magistrates’ Court for advice on how to appeal
- Appealing against sentence If you were sentenced at the Crown Court, you can appeal against your sentence to the Court of Appeal (even if you were convicted in the Magistrates’ Court).
- Appeal against a confiscation order If the confiscation order was imposed by the Crown Court, you can appeal against it to the Court of Appeal (even if you were convicted in the Magistrates’ Court).
Click here to see/download NG appeal forms
insidetime Article
The criminal appeal system: an overview
By Chris Saltrese, from insidetime issue May 2010
Solicitor Chris Saltrese explains the essence of the appeal system
Approved Social Worker More info
An approved social worker (ASW) is a qualified social worker who has undergone additional training and been approved by the local authority to carry out a range of statutory duties under the Mental Health Act (1983). These include assessing whether a person needs to be detained in hospital compulsorily.
Area Safer Custody Adviser (ASCA) More info
Extract from PSO2700
It is for individual Area Managers to decide on the role of their ASCA (a role that covers both public and contracted prisons). Their work may be supplemented by that of other specialists designated by the Area Manager (for example see below - Area Psychologist) and/or they may be supported by other Area staff with delegated safer custody duties. It is suggested that the ASCA:
· Chair or co-Chair the Area Safer Custody Forum (see below).
· Be the Area contact for advice on good practice.
· Receive the minutes from establishment SCT meetings in their area.
· Whilst it is recognised that time constraints/number of establishments to be supported, will not allow many establishment Safer Custody Team meetings to be attended by the ASCA, it is good practice to attend some, particularly in the case of any establishment that has a high number of incidents of suicide or self-harm.
· Provide advice to the Area Manager on Area safer custody strategy
· Provide advice to Governors on the job specification and be actively involved in the appointment of SPCs.
· Assist establishments in implementing new or revised safer custody policies.
· Monitor ACCT provision in establishments and provide support for ACCT training for trainers.
· Check the progress of action plans following recommendations from HMCIP, PPO and the Standards Audit Unit.
· Be responsible for ensuring Area and local action plans are implemented, completed and regularly reviewed to ensure any recommended changes are sustained
· Assist in the auditing of the self-audit programme in relation to suicide prevention.
· Support Governors in ensuring, in conjunction with their Area Performance Co-ordinator and Standards Audit Unit, that all personnel in establishments have a clear understanding of their local safer custody strategy, and what the suicide prevention, self-harm management and violence reduction elements of that strategy involve.
· Facilitate Area to Area (and Area to/from other agencies) communications concerning at-risk prisoner transfers and sharing of risk information.
· Ensure that establishments demonstrate through their local safer custody strategy that they can achieve full compliance with the Suicide Prevention and Self-Harm Management Standard. The ASCA can raise with the Area Performance Co-ordinator and Standards Audit Unit areas of concern relating to local policy that establishments have been unable to resolve.
· Assist as directed by the Area Manager with any investigations into incidents of prisoner self-harm in co-operation with the Senior Investigating Officer commissioned to conduct the Investigation.
6. The ASCAs provide a significant link between establishments and Safer Custody Group. Through attendance at national ASCA, various Safer Custody Network meetings and the SPC annual conference, there is the opportunity to exchange and disseminate good practice throughout the prisons estate and to contribute to policy development.
7. The ASCA role is to provide support and spread good practice to establishments on an area wide basis and support area managers and Governors in improving service delivery and compliance with standards. They will liaise with Safer Custody Group in respect of policy development on suicide prevention and the reduction of self-harm. The ASCA will offer direct support and advice to establishment Safer Custody Team Leaders (SCTL) and establishment Suicide Prevention Co-ordinators (SPC) and Violence Reduction Co-ordinators (VRC).
Arraign More info
This is where charges to the defendant in open court in the Crown Court.
The formal process is called 'arraignment: which is the formal process of putting charges to the defendant in the Crown Court which consists of three parts:
- (1) calling him/her to the bar by name,
- (2) putting the charges to him/her by reading from the indictment
- (3) asking him/her whether he pleads guilty or not guilty.
ASBO (Anti-social behaviour order ) More info
You can get an ASBO if you’re ten or older.
The ASBO can order you to stop:
- behaving in an anti-social way
- going to specific places, like town centres or other public areas
- spending time with people who are known as trouble-makers
If you get an ASBO it will last for at least two years. It could be reviewed if your behaviour improves. If you don’t obey the ASBO, you could be taken to court.
Applications for ASBOs are heard by magistrates sitting in their civil capacity. Although the proceedings are civil, the court must apply a heightened civil standard of proof. This standard is virtually indistinguishable from the criminal standard.
The applicant must satisfy the court "so that it is sure" that the defendant has acted in an anti-social manner.
The test for the court to be "satisfied so that it is sure" is the same direction that a judge gives to a jury in a criminal case heard in the Crown Court, and is also known as satisfying the court "beyond reasonable doubt"
ASRO (Addressing Substance Related Offending) More info
The Addressing Substance Related Offending (ASRO) programme is a nationally approved programme for offenders whose crimes are related to alcohol and drug use. It is for male and female offenders.
The aim of ASRO is to help offenders reduce and stop illegal drug and problematic alcohol use and in doing so reduce offending. The programme looks at people's thought processes and behaviour. It works on the basis that substance misuse is linked to a number of trigger factors, and focuses on these triggers rather than the use of the substances themselves.
ASRO identifies and alters these triggers by increasing motivation to change, self-control, problem solving skills and encouraging lifestyle changes. ASRO also helps people avoid returning to substance use and to develop a lifestyle which does not include drugs or alcohol.
As well as the sessions, homework is an integral part of the programme, and there are assessments before and after the programme to show progress in offenders' attitudes.
Research shows that those who complete substance misuse programmes are significantly less likely to reoffend than predicted (actual rate was 55.5%, compared to a predicted rate of 69.3%).
Acknowledgements to West Yorkshire Probation Trust
Assessment and Care in Custody Teamwork (ACCT) More info
This is a new system which is to replace the old 2052SH form. And is used to identify and monitor those at risk from self-harm or suicide.
Reproduced courtesy of HMPS
Being in custody can be a difficult time for some people, and it is not unusual for people in prison to sometimes feel that their problems are more than they can deal with. Some people feel so desperate that they may think of harming or even killing themselves. Usually, the very bad time does not last long but while people are struggling we do our best to help and support them.
Prison staff are trained to assist prisoners who are at risk of suicide or self-harm and are able to support and advise them on what help is available. Staff may help to keep someone safe by making sure they have company when needed (a cell mate, a Samaritans-trained Listener, a staff member) and if necessary, that they are observed and spoken with at regular intervals. In this case, the reasons will be carefully explained to them.
To help identify and care for prisoners at risk of suicide or self-harm, the Prison Service uses a care-planning system called ACCT (Assessment, Care in Custody, and Teamwork). ACCT has been in place in all establishments since April 2007. ACCT was introduced to replace the old F2052SH system, and was designed to provide more flexible multi-disciplinary support to prisoners at-risk of harming themselves. The plan encourages staff to work together to provide individual care to prisoners in distress, to help defuse a potentially suicidal crisis or to help individuals with long-term needs (such as those with a pattern of repetitive self-injury) to better manage and reduce their distress.
Prisoners are fully involved in the ACCT process. They first have an interview with a trained Assessor, from which an individual Care Plan is drawn up. They then attend regular Case Reviews, where a Case Manager reviews the care and support they receive. For further information about the ACCT process, please see the related document at the end of this page.
There are numerous agencies and support mechanisms available to prisoners experiencing periods of crisis. Most prisons operate peer support schemes, the most common of these being the Listeners scheme, where prisoners, trained by Samaritans, listen in confidence to other prisoners who feel they need emotional support, for whatever reason.
Further avenues of support available across the prison estate include such things as counselling, access to the Samaritans, help with substance misuse issues, and the input of the Chaplaincy, healthcare professionals and/or mental health in-reach teams. Experience has also shown that prisoners who feel some degree of hopelessness may benefit by involving themselves in prison activities, for example, in education, IT or sport.
Click Here to access the HMPS ACCT Pocket Guide to staff
See PSO2700.
ASSET More info
This is the standard assessment tool used by youth offending teams to collate information on a young person who has come into contact with the criminal justice system. It is intended to identify a range of factors that may have contributed to the offending behaviour of the young person.
Assisted person (legally) More info
A party to legal proceedings who is receiving legal aid.
Assisted Prison Visits Unit (APVU) More info
You may be able to get help with the cost of travel when visiting a close relative or partner through the Assisted Prison Visits Scheme. This is administered by the APVU.
See PSO4405
Click Here to download Information Book (130Kb PDF)
Click Here to download an Application Form (2098Kb PDF)
Association More info
This is a period when residents can freely associate with each other. It is during these periods that residents can use telephones, visit the library, cook (in prisons with this facility) and shower. There are often other activities during these periods such as vocational classes, extra gym and faith meetings.
Assured tenancy More info
Attachment of earnings order More info
An order that instructs an employer to deduct a regular amount, fixed by the court, from a debtor's earnings and to pay that money into court. The court pays the money to the person or people to whom it is owed.
Attorney General More info
The Attorney General for England and Wales is the chief law officer and advises and represents the Crown and government departments in court, provides legal advice to the Government, acts as the representative of the public interest, and resolves issues between government departments. They also have supervisory powers over the prosecution of criminal offences, but are not personally involved with prosecutions. Some prosecutions (e.g. Riot) cannot be commenced without their consent, and they also have the power to halt prosecutions. In criminal prosecutions the Attorney General may appeal cases to higher courts where, although the particular case is finished, there may be a point of law at issue.
AUR - Automatic Unconditional Release More info
Automatic Conditional Release (ACR) More info
A term that applies to prisoners serving over 12 months and less than 4 years.
Extracts from PSO6000
Most prisoners sentenced to sentences of twelve months or more but less than four years are eligible to be considered for the Home Detention Curfew scheme. Detailed instructions on the scheme, including details of those prisoners who are exempt or who may be presumed as unsuitable, are contained in PSO 6700, amended by PSIs. 9/2001, 19/2002, 39/2002 & 31/2003.
Those adult prisoners not placed on Home Detention Curfew are released automatically once they have served half of the sentence (the Conditional Release Date - CRD). There is no selection process and release may be delayed only if additional days have been awarded. (Section 33 (l)(b), CJA 1991).
ACR prisoners must be released on licence and are subject to compulsory supervision by the probation service, normally until the three-quarters point of the sentence. In addition, certain sex offenders and violent offenders may be subject to a period of extended supervision if that was specified by the courts at the time of sentencing. (Section 44, CJA 1991.) Also, they may be subject to a period of extended supervision if they have received extended sentences by the courts.
ACR prisoners are generally given a standard licence, whether placed on HDC or not. However, if the supervising officer requests, the Governor, acting on behalf of the Secretary of State, may approve additional conditions.
There is no mechanism to delay release if a prisoner refuses to comply with supervision. The Governor must ensure that suitable reporting instructions are made. If no release address is given, the Governor must instruct the prisoner to report to the duty officer at the probation office in his/her usual home area or the petty sessional area in which he/she was tried. The prisoner must be advised that a failure to report is likely to result in recall proceedings being initiated
For more information read Chapter 3 of PSO6000.
Automatic Life Sentence More info
The automatic life sentence was replaced by the indeterminate sentence of Imprisonment for Public Protection for offences committed on or after 4th April 2005. However, there will continue to be automatic life sentence prisoners in the system for some years to come. Transitional arrangements enable those automatic life sentences imposed before 4th April 2005, and the related Life Licence provisions, to remain in force.
Insidetime Article
Two strikes and you’re inside
By Francesca Cooney, from insidetime issue November 2010
Francesca Cooney, Advice and Information Manager at the Prison Reform Trust explains why the lifer system is clogged up with ‘automatic’ lifers
Automatic Release Date (ARD) More info
A term that applying to those serving less than 12 months. The ARD is halfway through the sentence, unless the prisoner is released on HDC or has any additional days awarded (ADA).
See PSO6000
B
B form More info
The form that is used to apply for bail whilst an appeal is going through the system.
Click here to see/download B form
Bad Character Evidence More info
Part 11 of the 2003 Criminal Justice Act provides a statutory scheme which deals with evidence of alleged bad character.
Under he 2003 Act non-defendants are given protection in statute for the first time against their alleged bad character being exposed unless it is substantially relevant. On the other hand the Act has an inclusionary approach rather than an exclusionary approach to alleged bad character of a defendant. A defendant's bad character evidence is not subject to an enhanced relevance test but is admissible if it is relevant, subject to the court's discretion to exclude.
The effect of these provisions mean that non-defendants are protected from attacks on their character. In relation to a defendant's alleged bad character; such evidence is likely to play a greater part in prosecutions and may form an essential part of the evidence against a defendant.
Click Here for more information
Bail More info
This is where a person is awaiting a court appearance or trial and is not remanded in custody (held in a prison or remand centre). It can be ‘unconditional’ whereby, other than surrendering to the court at the specific date and time, there are no constraints on their activities; or it can be ‘conditional’ where the court places conditions on the person such as where they must reside, where they can go and what they can and cannot do before their next court appearance. Sometimes a person must get somebody else to put up a Surety or bond as a guarantee that the person won’t abscond.
Bailiff More info
Bailiffs and enforcement officers are people authorised to remove and sell possessions in order to pay the money a debtor owes to a person or an organisation. They may also conduct evictions, and arrest people.
A bailiff can also serve (deliver) court documents on people.
Bankrupt More info
Insolvent - unable to pay creditors and having all goods/effects administered by a liquidator or trustee and sold for the benefit of those creditors; as a result of an order under the Insolvency Act 1986.
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Barbiturates More info
A synthetic sedative used for insomnia and anxiety. Used to be used illegally but is not common now.
Click Here for more information.
Barrister More info
Barristers are specialist legal advisers and court room advocates (lawyers). They are independent and objective and trained to advise clients on the strengths as well as the weaknesses of their case. They have specialist knowledge and experience in and out of court which can make a substantial difference to the outcome of a case.
Click Here to read more about Barristers from the Bar Council
insidetime Article
Solicitor or Barrister …you have the right to choose.
By Richard L Marks QC, from insidetime issue September 2009
Richard L Marks QC believes that significant questions need to be asked about the competence of solicitors choosing to take Crown Court cases themselves instead of instructing a barrister.
Basic Skills Agency (BSA) More info
NIACE is taking forward the work of the former Basic Skills Agency in alliance with Tribal in the field of adult learning (Literacy/Numeracy).
Click Here for a link to the NIACE website.
Bench warrant More info
A warrant issued by the judge for an absent defendant to be arrested and brought before a Court.
Bill of Indictment More info
A written accusation of the crime against one or more persons – a criminal trial in the Crown Court cannot start without a valid indictment.
Bind over for sentence More info
An order which requires the defendant to return to Court on an unspecified date for sentence. Failure to observe this order may result in a forfeit or penalty to be enforced.
Binding Over Orders More info
There are four ways that a Crown Court may exercise the power:
- Bind over to come up for judgment when called (Archbold 5-118).
- Bind over a parent/guardian of a convicted youth to take proper care and exercise proper control (Archbold 5-932).
- Any person who or whose case is before the court may be bound over to be of good behaviour (Archbold 5-121a).
- Any court making a Conditional Discharge Order a person who consents may give security for the good behaviour of the offender (Archbold 5-113).
Click Here for more information
Board of Visitors (BOV) More info
The BoV (Board of Visitors) is now called the IMB (Independent Monitoring Board).
Inside every prison, immigration removal centre and some short term holding facilities at airports, there is an Independent Monitoring Board (IMB) – a group of ordinary members of the public doing an extraordinary job.
IMB members are independent, unpaid and work an average of 2-3 days per month. Their role is to monitor the day-to-day life in their local prison or removal centre and ensure that proper standards of care and decency are maintained.
Members have unrestricted access to their local prison or immigration detention centre at any time and can talk to any prisoner or detainee they wish to, out of sight and hearing of a members of staff if necessary. A typical monitoring visit, for example, might include time spent in the kitchens, workshops, accommodation blocks, recreation areas, healthcare centre and chaplaincy.
Confidential access
Board members also play an important role in dealing with problems inside the establishment. If a prisoner or detainee has an issue that he or she has been unable to resolve through the usual internal channels, he or she can put in a confidential request to see a member of the IMB. Problems might include concerns over lost property, visits from family or friends, special religious or cultural requirements, or even serious allegations such as bullying.
If something serious happens at the establishment, for example a riot or a death in custody, representatives of the board may be called in to attend and observe the way in which the situation is handled.
Each Board meets regularly, once per month, and has an elected Chair and Vice Chair. Board members work together as a team to raise any matters of concern and to keep an independent eye on the establishment they monitor. Every year they produce an annual report, which is published to the local community.
For a link to the latest report on any prison look under our Prison Regimes section.
Click Here for more information about Independent Monitoring Boards.
In 2010 the national IMB produced a report on the practice of 'slopping out'
Click Here to download a copy
In February 2011 Peter Selby, the national chair of IMBs, wrote to Kenneth Clarke over the issue of prisoners' voting.
Click Here to download the letter.
insidetime Article
‘Slopping out’
By Noel Smith , from insidetime issue November 2010
An IMB Report on Slopping-Out brings back the bad old days for Former prisoner Noel Smith
BOSS Chair More info
Body Orifice Security Scanner. A metal detector built into a chair to detect metallic objects in body orifices.
See PSI2009-005.
Click Here for more information
Bradley Report More info
A review of people with mental health problems or learning disabilities in the criminal justice system; issued on 30 April 2009.
Click Here to download a copy of the report. (2834 Kb PDF)
insidetime Articles
In support of the WI
By Rebecca Deverell, from insidetime issue June 2011
Rebecca Deverell, Policy and Research Officer, highlights the ‘Care Not Custody' policy of the Women’s Institute
Getting help with mental health
By Francesca Cooney, from insidetime issue September 2009
Francesca Cooney, Advice and Information Manager for the Prison Reform Trust, advises on the help available for prisoners with mental health problems.
Brief More info
Written instructions to counsel to appear at a hearing on behalf of a party prepared by the solicitor and setting out the facts of the case and any case law relied upon.
British Institute of Cleaning Science (BICS) More info
BSC - British Safety Council More info
A body who accredit the Health & Safety Courses which various prisons run.
Click Here for a link to the BSC website.
Budgeting Loans More info
If you're on a low income and need help with certain important costs, you may be able to get an interest-free Budgeting Loan from the Social Fund that you pay back.
Who is eligible?
You may be able to get a Budgeting Loan if you or your partner have been claiming or getting payment of one of the following benefits for at least 26 weeks:
> Income Support
> income-related Employment and Support Allowance
> income-based Jobseeker's Allowance
> Pension Credit
and you need help to pay for any of the following:
> furniture or household equipment
> clothing or footwear
> advance rent or removal expenses for a new home
> travelling expenses
> things to help you look for or start work
> improving, maintaining or securing your home
> repaying hire purchase or other debts you took out to pay for any of the above
How much do you get?
You can apply to borrow between £100 and £1,500. The final amount of Budgeting Loan you get will depend on:
> whether you are single
> whether you are a couple
> whether you are single or a couple, with children
> any existing money you owe to the Social Fund
> your ability to repay the loan
> your savings - your award will usually be reduced by the amount of any savings you or > your partner or civil partner have above £1,000 (or £2,000 if one or both of you is over 60)
The following can't be taken into account:
> the urgency of your need
> any health problems you or your family might have
How it's paid
The loan is usually paid into your bank, building society or other account provider's account that you have nominated.
How do you repay it?
Your repayments, which are worked out at the time your loan is agreed, are usually automatically taken out of your benefit. If you're not getting benefits, another method will be agreed.
You normally have to repay a Budgeting Loan within 104 weeks.
The repayments are interest-free which means you only pay back what you borrowed and no more.
Effect on other benefits
A Budgeting Loan award does not count as income and will not affect other benefit you're getting.
How to apply
You can contact Jobcentre Plus, or your pension centre and ask them to send you claim form SF500.
Information reproduced courtesy of DirectGov
Click Here for more information
Business Training Education Council (BTEC) More info
A system of examinations and certificates in a wide variety of subjects.
Click Here to find out more about BTEC courses.
C
CAB - Citizens' Advice Bureau More info
An organisation which gives advice on a range of topics, especially finance. Some prisons have CAB advisors holding surgeries.
See also Citizen's Advice Bureau
Click Here for information about the CAB's work in prisons.
Click Here for CAB Area Offices.
Cafcass More info
The Children and Family Court Advisory and Support Service (Cafcass) looks after the welfare of children involved in family court proceedings. Cafcass officers are independent, qualified in social work and experienced in working with children and families. The roles carried out by Cafcass officers are listed below.
Children's Guardian
Children's Guardians represent the rights and interests of a child during cases where social services have become involved (public law proceedings) or in contested adoptions.
In particular they can:
appoint a solicitor who specialises in family law for the children
advise the court about what needs to be done before it can make a decision
write a report for the court saying what they think would be best for the children - this report must tell the court about the wishes and feelings of the children
To do their job, Children's Guardians spend time getting to know the children and members of their family.
Children and Family Reporter
Children and Family Reporters help families agree arrangements for their children. They will usually meet with the parents or adults to see if issues can be agreed without going to court (known as mediation). If no agreement can be reached the children and family reporter will write a report for the court. This report will explain what enquiries have been made and what they think is best for the children. Generally in these cases, Cafcass officers are the sole representatives of the child's best interests and source of independent advice to the courts.
A mediation service is not available for public law or adoption proceedings.
Officer in Adoption
The role of the Cafcass Officer in Adoption depends on whether parents agree to the adoption. If the parents agree, then the officer makes sure parents understand what adoption means for them and for the child and then writes a short report for the court. If a parent does not agree, or if there are special circumstances then a Children's Guardian will do an in-depth investigation and write a report to tell the court whether they think adoption is in the interests of the child.
Reproduced courtesy of DirectGov
Click Here to find out more about the work of Cafcass officers
CAFMHT Child and Adolescent Forensic Mental Health Team More info
Psychology in juvenile and young offenders' institutions.
CALM - Controlling Anger and Learning to Manage it More info
Controlling Anger and Learning to Manage it (CALM) Programme is an Offending Behaviour Course and aims to change the way 'offenders' think and behave.
The CALM programme is designed to reduce anger and other negative emotions associated with aggression, violence and anti-social behaviour.
CALM focuses on:
- Addressing thinking patterns
- Improving problem solving
- Improving communication skills
- Improving assertiveness
- Gaining insight into one's own behaviour
- Developing relapse prevention strategies
The programme is nationally evaluated to ensure it is effective.
The programme is most effective with male offenders who threatenned violence or committed violence against persons or property. It is designed for offenders who have a high or medium risk of re-offending.
Reproduced courtesy of West Yorkshire Probation Trust
Click Here for more information.
Canteen More info
The weekly shopping a prisoner can do. Items are usually chosen from a printed list and the products supplied in a sealed bag. A debit is made from the prisoner’s Spends Account to pay for it. Currently DHL/Booker provide a packing service and sell the products in bulk to the Prison Service who sell on to prisoners at prices set by the Prison Service.
CARATS - Counselling, Assessment, Referral, Advice and Throughcare Scheme More info
CARAT prison drug services are designed to identify people in the prison system who misuse drugs and take them through the treatment process from start to finish, including through release from prison and back into the community.
A CARAT service links:
- Prisons with courts (for those on remand, providing information for bail applications and pre-sentence reports)
- Different departments and units within individual prisons
- Different establishments upon transfer between prisons (so that a drug worker can ensure continuity of work with drug problems earlier in a sentence)
- Prisons with community agencies, to ensure that the service user has continuity of care on being released from prison. This stage can involve referral into a residential or community rehab programme
Prisoners can access support from CARAT services at several different points in the criminal justice system:
- They can ask to see a drug worker at any point during remand or sentence
- Through community agencies with whom the prisoner was previously in contact
- Through helpline or family referral
- During a health, risk or needs assessment on entering prison
- On having a urine test positive for drugs (either voluntary or mandatory testing)
- During sentence management interviews with officers
- On assessment for temporary release, home detention curfews, discretionary conditional release or during other probation contactInformation courtesy of Phoenix Futures
Information courtesy of Phoenix Futures
Phoenix Futures runs CARAT services in the following prisons:
- HMP Acklington
- HMP Bedford
- HMP Blundeston
- HMP Bulwood Hall
- HMPYOI Castington
- HMP Foston Hall
- HMP Highpoint
- HMP Hollesley Bay
- HMP Holme House
- HMP Inverness
- HMP Kirklevington
- HMP Leicester
- HMP Lincoln
- HMP Littlehey
- HMP North Sea Camp
- HMP Norwich
- HMP Nottingham
- HMP Ranby
- HMP Stocken
- HMP Sudbury
- HMP The Mount
- HMP Wayland
- HMP Whitemoor
Rapt run CARATS courses at the following prisons:
- HMP Bullingdon
- HMP Coldingley
- HMP Downview
- HMP Elmley
- HMP Grendon/Spring Hill
- HMP High Down
- HMP Holloway
- HMP Kingston
- HMP Latchmere House
- HMP Pentonville
- HMP Send
- HMP Standford Hill
- HMP Wandsworth
- HMP Winchester
- HMP Wormwood Scrubs
See PSO3630 for more information or search under 'Carats' in our 'Rules & Regulations' section.
Click Here for the CARAT drug service in prisons: findings from the research database
CARE - Choices, Actions, Relationships and Emotions More info
Developed for female prisoners who have difficulties with emotional regulation which lead to offending.
CARE Helps prisoners to recognise and label their emotions and manage them through taught skill sets: also aimed at encouraging the creation of a positive self-identity which can be adopted to help the prisoner achieve the type of life they want when they are released.
Care Plan Management (CPM) More info
To oversee Throughcare and provide continuity through casework reviews.
Caremap More info
A Caremap is a whole range of help and interventions offered to those in risk of self-harm or suicide.
Extract from PSO2700
The CAREMAP must reflect the individual needs and level of risk of the prisoner, and aim to address the problems identified in the ACCT assessment interview and the case review as contributing to the person’s distress and leading them to self-harm or think of suicide. Whilst all CAREMAPs need to reflect this and the core elements of care;
o Level of supervision
o Type/place of location
o Health/mental health intervention
o Company (cell sharing)
o Peer support
o Diversionary material (in-cell activities)
o Time out of cell
o Family contact
o Chaplaincy
they also need to be individual, for example, a prisoner who self-harms without suicidal intent should receive care different from one who is acutely suicidal. They also need to reflect any diversity status of individuals, such as race, religion, disability or nationality.
CAREMAPs for prisoners considered to be at risk of suicide must at a minimum contain actions to prevent the individual carrying out suicide (that is, reflect case review consideration of location/accommodation, supervision and items in possession). Most suicidal crises are short-term and reducing the opportunity to suicide during the crisis period (e.g. by removing the means of suicide, such as saved up tablets) can be effective. However, this should never be the sole approach. Effective care needs to identify and help the individual to tackle the problems causing the distress, and actions to keep a prisoner safe should always form part of a more comprehensive care-plan.
A significant minority of prisoners have mild to moderate learning disabilities (that is slow or incomplete mental development resulting in problems with learning and social adjustment) and this group is at higher risk of self-harm than the general population of prisoners. The CAREMAP for such prisoners must include consideration of location, protection from exploitation, provision of additional structure and support and additional help to ensure they understand what is required of them and do not inappropriately lose privileges
Case Management Conference (CMC) More info
This is a meeting between all parties to a case and the Judge to check the progress of the case, with regards to costs and other matters. The numbers of CMCs held depend on the complexity of the case.
Case number More info
A unique reference number allocated to each case by the issuing Court.
Case Supervisor More info
The case supervisor within an establishment is usually responsible for the delivery and implementation of a young person’s training plan by working closely with the young person, youth offending team case manager and other relevant people.
CAST (Creative and Supportive Trust) More info
CAST offers an holistic service of education, training and employment advice to women offenders, women at risk of offending and women with mental health or substance misuse problems. Their aim is to help women build new lives within their communities, specifically:
- To help women increase their skills and knowledge.
- To help women engage in education, training, voluntary work and employment.
- To enable women to improve their health and well being.
- To support women to increase confidence and self-esteem.
- To reduce re-offending.
Cat A Prisoners More info
Prisoners whose escape would be highly dangerous to the public, to the police or to the security of the state.
See PSO0900 for general information about categorisation.
See PSO1010 for information about Reviews of Cat A status
Click Here for our InsideInformation Factsheet on Categorisation
Cat B Prisoners More info
Prisoners for whom the very highest conditions of security are not necessary but for whom escape must be made very difficult.
See PSO0900 for general information about categorisation.
Click Here for our InsideInformation Factsheet on Categorisation
Cat C Prisoners More info
Prisoners who cannot be trusted in open conditions who do not have the will or resources to make a determined escape attempt.
See PSO0900 for general information about categorisation
Click Here for our InsideInformation Factsheet on Categorisation
Cat D Prisoners More info
Prisoners who can be reasonably trusted to serve their sentence in open conditions.
See PSO0900 for general information about categorisation.
Click Here for our InsideInformation Factsheet on Categorisation
Category More info
All prisoners are assessed as to their security risk and placed into one of 4 basic categories; A, B, C & D. 'A' cat; being in need of highest security and 'D' cat the least. Prisons are also categorised according to the category of prisoner they hold.
See PSO0900 for general information about categorisation.
Click Here for our InsideInformation Factsheet on Categorisation
Caution - Police Cautions More info
Not all offences must be handled by the courts. Police have a range of alternatives they can use to address low-level crimes.
For adults, these alternatives include:
> simple cautions
> conditional cautions
> cannabis warnings
> penalty notices for disorder
> fixed penalty notices (for driving offences)
For youths aged 10 to 17, the options include:
> reprimands
> final warnings
> penalty notices for disorder, although only for those aged 16-17
Simple cautions
A 'simple caution' is used to deal quickly and simply with those who commit less serious crimes. It aims to divert offenders away from court, and to reduce the likelihood that they will offend again.
If you are given a simple caution you will be officially warned about the unacceptability of your behaviour, and the likely consequences of committing further crimes will be explained to you.
The main aim of a simple caution is to prevent offenders reoffending. So if you offend again, you're likely to be charged instead of getting a second caution unless:
> the second offence is a minor offence unrelated to the first
> two years or more have elapsed since the original offence
When do police use simple cautions?
Police can only issue a simple caution if:
> there's evidence an offender is guilty
> the offender is 18 years of age or over
> the offender admits they committed the crime
> the offender agrees to be given a caution – if the offender does not agree to receive a caution then they may be charged instead
There are no rigid rules about the particular situations in which cautions should be used – this is at the discretion of senior police officers.
The only exceptions are more serious crimes like robbery or assault, which must always be referred to the Crown Prosecution Service.
Will a simple caution go on my criminal record?
A simple caution is not a criminal conviction, but it will be recorded on the police database. It may be used in court as evidence of bad character, or as part of an anti-social behaviour order (ASBO) application.
The record will remain on the police database along with photographs, fingerprints and any other evidence taken. If you are cautioned for a sexual offence, you could be placed on the sex offenders register.
If a crime victim requests your name and address for civil proceedings, the police are legally obliged to give this information out, so you may still be sued for damages.
Conditional cautions
A 'conditional caution' differs from a simple caution in that you must comply with certain conditions to receive the caution and to avoid prosecution for the offence you've committed.
Like simple cautions, conditional cautions aim to keep lower level offenders from overburdening the court system. They also address the needs of both victims and offenders - they deal with the offender's behaviour quickly, and allow action to be taken to rehabilitate the offender or to repair the damage caused by the offence.
Types of conditions
The conditions that can be attached to a conditional caution must have one or more of the following objectives:
> rehabilitation – conditions that help to change the behaviour of the offender, reduce the likelihood of them re-offending or help to reintegrate the offender into society
> reparation – conditions that aim to repair the damage done either directly or indirectly by the offender
> Rehabilitative conditions could include attendance at drug or alcohol misuse programmes, or interventions tackling other addictions or personal problems, such as gambling or debt management courses.
To repair the damage you could apologise for your actions, physically repair or otherwise make good any damage you caused, provided this is acceptable to the victim.
Specific financial compensation may also be necessary.
Where the offending has resulted in damage to community property, reparation could take the form of unpaid work to repair that damage, or of a payment to an appropriate local charitable or community fund.
Changes to conditional cautions
Conditional cautions now include 'punitive measures' - these are conditions which punish or penalise offenders for their law-breaking and could include:
> the payment of a financial penalty
> unpaid work for a period not exceeding 20 hours
> attendance at a specified place for a period not exceeding 20 hours
When do police use conditional cautions?
Police can administer a conditional caution after consultation with the Crown Prosecution Service when they think it is the most appropriate way to address your behaviour or to make direct reparation to the victim of the crime. The views of the victim can also be considered.
A conditional caution can only be offered to those who have admitted their guilt.
If you do not comply with the conditions attached to the conditional caution, you will be charged with the original offence and the case will go to court.
Will a conditional caution go on my criminal record?
Just like a simple caution, a conditional caution is not a criminal conviction. But it will be recorded on the police database and may be considered in court if you are tried for another offence.
The record will remain on the police database along with photographs, fingerprints and any other samples taken at the time.
If the victim of your offence requests your name and address for civil proceedings, the police are legally obliged to give this information out, so you may still be sued for damages.
Do young offenders receive cautions?
No. Young offenders (aged 17 and under) are given 'reprimands' and 'final warnings' instead of simple cautions. This is to try and keep them out of the court system.
Reproduced courtesy of the Home Office
Click Here for more information
Caveat More info
A notice given to the registrar that effectively prevents action by another party without first notifying the party entering the caveat.
CBT - Cognitive Behavioural Therapy More info
Information from The Royal College of Psychiatrists
What is CBT?
It is a way of talking about:
♦ How you think about yourself, the world and other people
♦ How what you do affects your thoughts and feelings.
CBT can help you to change how you think ("Cognitive") and what you do ("Behaviour)". These changes can help you to feel better. Unlike some of the other talking treatments, it focuses on the "here and now" problems and difficulties. Instead of focussing on the causes of your distress or symptoms in the past, it looks for ways to improve your state of mind now.
When does CBT help?
CBT has been shown to help with many different types of problems. These include: anxiety, depression, panic, phobias (including agoraphobia and social phobia), stress, bulimia, obsessive compulsive disorder, post-traumatic stress disorder, bipolar disorder and psychosis. CBT may also help if you have difficulties with anger, a low opinion of yourself or physical health problems, like pain or fatigue.
How does it work?
CBT can help you to make sense of overwhelming problems by breaking them down into smaller parts. This makes it easier to see how they are connected and how they affect you. These parts are:
A Situation - a problem, event or difficult situation
From this can follow:
♦ Thoughts
♦ Emotions
♦ Physical feelings
♦ Actions
Each of these areas can affect the others. How you think about a problem can affect how you feel physically and emotionally. It can also alter what you do about it. There are helpful and unhelpful ways of reacting to most situations, depending on how you think about them.
Click Here for more information from The Royal College of Psychiatrists
Cell Search More info
Prison officers are supposed to search a prisoner's cell and possessions at least every 92 days (28 in the case of 'A' cats.). The prisoner is not normally present but there are procedures in place to protect privilege material. Normally the prisoner is given a 'Full Search' at the same time.
Prison Rule 41 deals with the searching of prisoners.
See PSI2007-030 for information about changes to searching following the Mubarek Enquiry.
See PSI2008-038 for information about the new procedures for the 'Full Searching' of female prisoners.
See PSI2009-049 for information about Cell, Area and Vehicle Searching
See PSI2010-048 for information on 'Searching the Person'
See PSI2011-028 for information about Cell Fabric Checks
Certificate of service More info
A document stating the date and manner in which the parties were served (given) a document. For example where a claim form is served by the claimant court rule requires the claimant to file a certificate of service within seven days of service of the claim form otherwise he may not obtain judgment in default.
Certified Normal Accommodation (CNA) More info
Certified Normal Accommodation (CNA), or uncrowded capacity, is the Prison Service’s own measure of accommodation. CNA represents the good, decent standard of accommodation that the Service aspires to provide all prisoners.
Baseline CNA
Baseline CNA is the sum total of all certified accommodation in an establishment except, normally:
• Cells in punishment or segregation units.
• Healthcare cells or rooms in training prisons and YOIs that are not routinely used to accommodate long stay patients.
In-Use CNA
In-use CNA is baseline CNA less those places not available for immediate use, for example: damaged cells, cells affected by building works.
The CNA and actual population for each prison is given in our Regime Section.
PSO1900 provides more information.
Below is a list of CNAs for English Prisons as of March 2010
Prison CNA
Acklington 946
Altcourse 794
Ashfield 400
Ashwell 184
Askham Grange 126
Aylesbury 441
Bedford 315
Belmarsh 800
Birmingham 1090
Blantyre House 122
Blundeston 481
Brinsford 545
Bristol 424
Brixton 606
Bronzefield 527
Buckley Hall 350
Bullingdon 879
Bullwood Hall 220
Bure 251
Canterbury 195
Cardiff 548
Castington 400
Channings Wood 698
Chelmsford 554
Coldingley 494
Cookham Wood 120
Dartmoor 572
Deerbolt 513
Doncaster 771
Dorchester 137
Dovegate 1060
Dover 316
Downview 358
Drake Hall 315
Durham 606
East Sutton Park 98
Eastwood Park 326
Edmunds Hill 379
Erlestoke 470
Everthorpe 603
Exeter 322
Featherstone 642
Feltham 762
Ford 557
Forest Bank 1064
Foston Hall 283
Frankland 859
Full Sutton 596
Garth 812
Gartree 689
Glen Parva 652
Gloucester 225
Grendon/Spring Hill (combined) 573
Guys Marsh 497
Haslar 138
Haverigg 622
Hewell (combined) 1173
High Down 999
Highpoint 920
Hindley 440
Hollesley Bay 345
Holloway 496
Holme House 947
Hull 723
Huntercombe 360
Isle of Wight (Total for all three) 1562
Kennet 175
Kingston 199
Kirkham 590
Kirklevington 283
Lancaster 159
Lancaster Farms 480
Latchmere House 207
Leeds 829
Leicester 210
Lewes 495
Leyhill 532
Lincoln 436
Lindholme 1054
Littlehey 823
Liverpool 1176
Long Lartin 622
Low Newton 267
Lowdham Grange 760
Maidstone 565
Manchester 949
Moorland Closed 727
Moorland Open 260
Morton Hall 392
Mount 747
New Hall 386
North Sea Camp 318
Northallerton 147
Norwich 625
Nottingham 429
Onley 710
Parc 838
Pentonville 909
Peterborough 480
Peterborough 360
Portland 463
Preston 453
Ranby 969
Reading 190
Risley 1050
Rochester 724
Rye Hill 600
Send 282
Sheppey Cluster (Elmley) 735
Sheppey Cluster (Standford Hill) 464
Sheppey Cluster (Swaleside) 986
Shepton Mallet 165
Shrewsbury 184
Stafford 741
Stocken 779
Stoke Heath 576
Styal 447
Sudbury 581
Swansea 230
Swinfen Hall 604
Thorn Cross 322
Usk/Prescoed (combined) 320
Verne 572
Wakefield 748
Wandsworth 1107
Warren Hill 222
Wayland 957
Wealstun 505
Wellingborough 638
Werrington 160
Wetherby 408
Whatton 734
Whitemoor 448
Winchester 499
Wolds 320
Woodhill 656
Wormwood Scrubs 1153
Wymott 1113
Chain of Custody More info
In order for material evidence to be believable and have value it must be handled correctly and sealed and stored to protect it from interference or tampering. In order to do this a complete record must be kept of its handling and storage. Evidence in trials, for Adjudications and samples for drug testing must all have robust ‘Chain of Custody’ records kept. A prisoner can ask for copies of such records relating to any evidence which may be used against them.
Chancery Division More info
The Chancery Division is part of the High Court It deals with cases involving land law, trusts and company law.
Chaplain More info
A member of a religious order working in a prison. Each prison has a main 'Chaplain' who is referred to as the Co-ordinating Chaplain. There also other full and part time chaplains and 'Sessional' Chaplains' who attend only for specific services or activities.
The Modern Chaplaincy
Step back seven years and you'd find a chaplaincy that was almost exclusively Christian. Today, it's different. Chaplaincy, says Chaplain General William Noblett, is made up of “a significant number of faith traditions working together for the common good of prisoners, staff and faith communities.”
It's been an important and conscious shift. Chaplaincy now better reflects the prisoner population, so it is better able to serve them. It also sends a positive message to the wider community. William says: “Prisons are setting an example for the wider religious community of the way in which we can work together while respecting each other and serving a common goal.”
With over 7,000 volunteers and 1,000 chaplains (full time, part time and sessional) the contribution to prison life is significant. It's also continuing to change, as William says: “We're looking at how we can provide an approach to chaplaincy provision beyond the gate and support ex-offenders as they go out into the community.
“There are already some community chaplaincy schemes up and running around the country where care can begin in prison and then go on into the wider community. But only a very small number of our volunteers are involved with ex-offenders. What we want to do is try and shift that balance and recognise that there is also a significant need for people on their release from prison.
“We also want to increase our involvement with faith communities outside prison, who may be able – with appropriate training – to provide some services for offenders in the community.
“We are very excited to be developing two new Chaplaincy programmes – SORI (a victim awareness/empathy programme) building on the programme developed and running at HMP Cardiff, and Life Connections (a residential programme to help prisoners address major life issues from the perspective of their own religion).”
Growing awareness
Raising awareness of faith issues among staff is another role for Chaplaincy in the coming months. To help with this a training package and DVD are currently being produced. William says: “They're being developed by Chaplaincy with all the major faith traditions so that we can introduce or remind staff about the most essential issues that they are likely to meet – for example, sensitivities around searching.”
The training package can be delivered by local chaplaincy teams, or with help from Headquarters. And it's being designed so that it can be easily incorporated into faith or cultural awareness events. William says: “Most staff are keen to get this right but it's not always an area which they've been prepared for, so we need to help them understand some of the issues.”
Another development is the planning of a major piece of research that is set to draw out what Chaplaincy contributes to prison life. Explaining why the research has been commissioned William says: “I think to an extent we've always taken Chaplaincy for granted. I don't think we can do that; it shouldn't be any more taken for granted than any other area of prison life that makes a contribution.”
Identifying what Chaplaincy is doing and offering at an establishment level will help to show how it contributes both to the life of the community, but also to other key performance indicators, targets and the measure of the quality of prison life. William says: “As one governor put it to me recently, ‘I'm not always sure what it is that Chaplaincy does, but I know very well when we don't have it.'”
Reproduced Courtesy of Prison Service News
More information about religious matters within prisons and the work of the Chaplaincy can be found in PSO4550.
The name of the Co-ordinating Chaplain, for each prison, is given in our Prison Regime section under 'Faith'.
Charge More info
A formal accusation against a person that a criminal offence has been committed.
CHI – Commission for Health Improvement More info
The Commission for Health Improvement was established in 1999 as an independent body, at arm’s length from the Department of Health, charged with providing an independent assurance on the quality of health care provided by NHS bodies.
CHI’s aim is to improve the quality of patient care in the NHS.
CHI aims to raise standards by:
assessing quality and clinical governance arrangements in every NHS organisation,
through a rolling programme of reviews, and making its findings public
investigating when there is serious failure
checking that the NHS is following national guidelines, such as those from NICE
advising the NHS on best practice
Children and Young Persons Act 1969 (C&YP 1969) More info
This is an Act dealing with the treatment and custody of young people.
Click Here to download a copy of the Act
Children's Human Rights More info
The United Nation's Convention on the Rights of the Child (UNCRC) applies to all children and young people aged 17 and under. The Convention is separated into 54 'articles': most give children social, economic, cultural or civil and political rights; while others set out how governments must publicise or implement the Convention.
What is the UNCRC?
All children and young people up to the age of 18 years have all the rights in the Convention. Some groups of children and young people - for example those living away from home, and young disabled people - have additional rights to make sure they are treated fairly and their needs are met.
The UK ratified the Convention on the Rights of the Child (UNCRC) on 16 December 1991. That means the UK government now has to make sure that every child has all the rights outlined in the treaty except in those areas where the government has entered a specific reservation.
A convention is an agreement between countries to obey the same law. When the government of a country ratifies a convention, that means it agrees to obey the rules set out in that convention.
What the treaty means
From 15 January 1992, when the treaty came into force, every child in the UK has been entitled to over 40 specific rights. These include:
> the right to life, survival and development
> the right to have their views respected, and to have their best interests considered at all times
> the right to a name and nationality, freedom of expression, and access to information concerning them
> the right to live in a family environment or alternative care, and to have contact with both parents wherever possible
> health and welfare rights, including rights for disabled children, the right to health and health care, and social security
> the right to education, leisure, culture and the arts
> special protection for refugee children, children in the juvenile justice system, children deprived of their liberty and children suffering economic, sexual or other forms of exploitation
The rights included in the convention apply to all children and young people, with no exceptions.
Click Here or more detailed information on the treaty and the rights included in it, and to find out the reservations entered by each country.
Reproduced courtesy of DirectGov
Chromis More info
Chromis is a complex and intensive programme that aims to reduce violence in high risk offenders whose level or combination of psychopathic traits disrupts their ability to accept treatment and change. Chromis has been specifically designed to meet the needs of highly psychopathic individuals and provides participants with the skills to reduce and manage their risk.
Click Here for more information about Offending Behaviour Courses
Circuit Judge More info
The office of Circuit Judge was created by the Courts Act 1971. Circuit Judges are senior judges in England and Wales who sit in the Crown Court, County Courts and certain specialized sub-divisions of the High Court of Justice. They are addressed as ‘His or Her Honour’. ‘Part-time Circuit Judges are known as Recorders. Circuit Judges sit below High Court Judges and above District Judges and some, more senior ones, are also eligible to sit in the Criminal Division of the Court of Appeal.
Click Here for a current list of Circuit Judges
Click Here for information about judges (MoJ)
Circular Instruction (CI) More info
A general information instruction sent to prison governors by Prison Headquarters. They are not mandatory.
Circumstantial Evidence More info
This also known as indirect evidence. It is distinguished from direct evidence, which, if believed, proves the existence of a particular fact without any inference or presumption required. Circumstantial evidence relates to a series of often unrelated facts (other than the fact sought to be proved). The circumstantial evidence is argued to be so closely associated with the fact to be proved that that fact (to be proved) may be inferred simply from the existence of the circumstantial evidence.
Many circumstances can be said to show guilt in a criminal matter, including the accused's resistance to arrest; the presence of a motive or opportunity to commit the crime; the accused's presence at the time and place of the crime; any denials, evasions, or contradictions on the part of the accused; and the general conduct of the accused. Most forensic evidence is circumstantial.
Citizens Advice Bureau More info
The Citizens Advice service helps people resolve their legal, money and other problems by providing free information and advice, and by influencing policy makers.
The Citizens Advice service provides free, independent, confidential and impartial advice to everyone on their rights and responsibilities. It values diversity, promotes equality and challenges discrimination.
To provide the advice people need for the problems they face
To improve the policies and practices that affect people’s lives
Structure
There are 416 Citizens Advice Bureaux across England and Wales, and a further 22 bureaux in Northern Ireland, all of which are independent registered charities. They are all members of Citizens Advice, the membership organisation - also an independent registered charity - that provides training and support to member bureaux, and coordinates national policy work. Together they make up the Citizens Advice service.
Click Here for more information and to find your nearest CAB
Civil Justice Council (CJC) More info
The CJC is an Advisory Public Body which was established under the Civil Procedure Act 1997 with responsibility for overseeing and co-ordinating the modernisation of the civil justice system.
They meet at least three times a year to discuss and agree formal responses to consultation papers.
They provide advice to the Lord Chancellor, the Judiciary and Civil Procedure Rule Committee on the effectiveness of aspects of the civil justice system, and make recommendations to test, review or conduct research into specific areas.
Click Here for more information
Civil Partnership More info
A civil partnership is a legal marriage between couples that are heterosexual, gay or lesbian. Once a civil partnership occurs between these couples, they are entitled to receive similar treatment and benefits as that of any married couple.
In comparison with a civil marriage, civil partnerships have the following equal rights, and responsibilities:
- Benefits that are income-related will be considered in regards to joint treatment Access to compensation of fatal accidents
- Benefits from state pensions will also become a joint treatment
- Benefits that arise from Pension
- Domestic violence protection
- Each partner has the responsibility to be assessed for child support, in the same manner as that of civil marriages
- Each party of the union will become a parental figure and thus become responsible for any children either person may have
- Hospital visiting rights as next of kin
- Inheritance in regards to an agreement of tenancy
- Like traditional marriage, those that are involved in a civil partnership are exempt from being required to testify in court against one another
- Succeed to rights of tenancy
- Tax, including inheritance tax
- The duty of providing maintenance to your partner and any children of either party
- The registration of civil partnership will have merit for the purposes of immigration
- Treatment comparable to that of a civil marriage in regards to life assurance
- and Employment
In order to enter into a civil partnership in the UK there are certain rules both participants must follow:
- Both parties will need to enter the registrar’s office, in person
- You will then have a 7-day qualification of residence, to make sure there is a registrar available to perform your ceremony
- There are special offices you need to register at if either party is an immigrant
- You must be over the age of 18, or have written permission if you are between the ages of 16 and 18
- You must be free of any previous partnerships or civil marriages
- The notice must be made public during a 15-day period of waiting, so that any objections to the union are allowed to be made
Click Here for more information (DirectGov)
Click Here for guide for gay and lesbian couples
Click Here for more information from the CAB
Clinical Governance More info
This refers to quality of healthcare.
As defined in ‘A First Class Service: Quality in the New NHS’, this is ‘A Framework through which NHS organisations are accountable for continuously improving the quality of their services and safeguarding high standards of care by creating an environment in which excellence in clinical care can flourish’. Essentially, it is a systematic approach to assuring and improving clinical quality at the local level. Its main components are clear lines of accountability for the overall quality of clinical care; a comprehensive programme of quality improvement activities; and clear policies aimed at managing risks. The distinctive characteristic of clinical governance is that the organisation is responsible for the clinical care given within that organisation and cannot abdicate that responsibility by stating that, as it is a clinical matter, it is only the responsibility of the clinician.
Close Supervision Centre (CSC) More info
A special unit for prisoners whose behaviour is very difficult to manage, e.g. hostage takers, serial serious assaulters, etc.
Click Here to download information from RadcliffeOxford.com
insidetime Articles
By RJS Hattersley, from insidetime issue June 2011
CSC veteran RJS Hattersley gives his verdict on Close Supervision Centres
By Shahida Begum, from insidetime issue October 2010
Shahida Begum, examines the treatment of prisoners held in Close Supervision Centres (“CSCs”) focusing on the interpretation of dignity within a human rights perspective
Deliberately inflicted powerlessness
By John Bowden , from insidetime issue July 2010
John Bowden is angered by what he considers to be disinformation and rhetoric intended to camouflage the reality of the Wakefield CSC
‘Great well of psychiatric morbidity’
By Barbara Davis, from insidetime issue June 2010
Barbara Davis challenges the criteria for allocation to Close Supervision Centres and insists that men held in them are being subjected to psychiatric torture
Managing challenging behaviour
By John Bowden - HMP Glenochil, from insidetime issue May 2009
Those who formulated the ‘Managing Challenging Behaviour Strategy’ are guilty of trying to institutionalise a system of repression that violates the basic human rights of prisoners, writes John Bowden
Closed Prison More info
A prison with a wall; where prisoners are not allowed to leave the premises.
Closed Visit More info
A visit where the prisoner is separated from his or her visitor(s) by a glass screen. These visits are usually imposed because of 'security' information or if a visitor is suspected of trying to smuggle illicit items into the prison.
PSO4410 provides more information about visits to prisoners.
Click Here for PSI2011-015 Management of security at visits
Click Here for PSI2011-016 Providing visits and services to visitors
Cluster More info
A number of prisons which are close to each other and managed as one unit by one governing governor. An example is the 'Sheppey Cluster' which consists of Elmley, Standford Hill and Swaleside prisons.
C-NOMIS More info
A computer system that is supposed to link the Prison Service and Probation.
Read more about it in the 'The NOMS Offender Management Model' report (1MB PDF).
Code for Crown Prosecutors More info
The Code for Crown Prosecutors is a public document, issued by the Director of Public Prosecutions that sets out the general principles Crown Prosecutors should follow when they make decisions on cases.
Is there enough evidence against the defendant?
When deciding whether there is enough evidence to charge, Crown Prosecutors must consider whether evidence can be used in court and is reliable. Crown Prosecutors must be satisfied there is enough evidence to provide a "realistic prospect of conviction" against each defendant.
Is it in the public interest for the CPS to bring the case to court?
A prosecution will usually take place unless the prosecutor is sure that the public interest factors tending against prosecution outweigh those tending in favour.
Click Here to download the full document in English
Click Here to download the code in other languages
Code of Conduct for Prison Officers More info
This is a written list of what is expected from prison staff and covers everything from how they treat prisoners to how they conduct their private life and finances.
The Code of Conduct is not law and the prison service and its staff cannot be sued for breaches of it: although in any complaint or action it could be used as evidence of how staff should conduct themselves.
Click Here to read a copy.
Codicil More info
An addition or supplement to an executed will or testament. It must be executed with all the formalities appropriate to the execution of a will.
Coercion More info
Coercion exists when an individual is forced to behave in a particular way, by threats of violence, for example. The person concerned does not act freely.
Cognitive Self-Change Programme (CSCP) More info
Programme aims:
To reduce violent recidivism by changing offenders’ distorted thinking processes, addressing the individual risk factors and patterns of anti-social thinking
Who is suitable?
- Life sentence prisoners
- Offenders serving long determinate and extended sentences of imprisonment imposed prior to 4 th April 2005
- Offenders serving extended or indeterminate sentences of imprisonment for public protection under CJA 2003
- are assessed as suitable for the programme in a court ordered report prior to sentence or by the offender manager prior to release on licence
Who is not suitable?
Offenders who fall outside the above high risk criteria
What is involved?
Six Blocks, the first five of which are delivered whilst in custody, comprising 136 to 257 group work sessions over 8 to 17 months and 26 individual sessions on average.
Block 6 is provided structure post-release intervention delivered by the offender manager and focusing on continued updating of the offender’s relapse prevention plan together with application and monitoring of the skills learned during Blocks 1 to 5 of the programme.
Programme delivery provides an effective risk management tool and supports the management of violent offenders in the community within the MAPPA framework.
Treatment management for Block 6 is provided by the Block 6 Programme Manager who is based in the Offending Behaviour Programmes Unit in Prison Service Headquarters
Information courtesy National Probation Service (South West)
Click Here to download a Probation Circular which discusses CSCP programmes.
Cognitive Skills Booster Programme More info
This programme is run by both the Prison and Probation Service and is designed to reinforce learning from general offending programmes (such as ETS) through skills rehearsal and relapse prevention.
There is a report about its effectiveness - 'A Process Evaluation of the Cognitive Skills Booster Programme initial roll-out in 14 probation areas and 12 prisons' published by the Home Office Research Development and Statistics Directorate.
Commission for Racial Equality (CRE) More info
Commissioner of Oaths More info
Solicitors authorised by the Lord Chancellor to administer oaths and affirmations to a statement of evidence.
Committal More info
Sending a person to court (usually from a Magistrates’ Court to the Crown Court) or to prison.
Committal for Sentence More info
A procedure whereby a person convicted in a Magistrates’ Court is sent to the Crown Court for sentencing when the sentencing powers of the Magistrates’ Court are not considered sufficient.
Committal Proceedings More info
A preliminary hearing in a Magistrates’ Court before a case is sent to be tried before a jury in the Crown Court.
Committal Warrant More info
Common Law More info
Rules of law that have been derived from the decisions of the courts rather than enacted in statute by Parliament.
Click Here for more information (Courtroom Advice)
Community Care Grant More info
Released prisoners who meet the criteria can get a grant to cover immediate requirements on release (including clothing and household items).
If you need financial help to live independently in the community or to ease exceptional pressure on you and your family you may be able to get a Community Care Grant. You don't have to pay it back.
Apply on form SF300 during the last six weeks prior to release.
Who is eligible?
You can apply for a Community Care Grant if you are either:
> already getting Income Support, income-related Employment and Support Allowance, income-based Jobseeker's Allowance, Pension Credit, or payment on account of one of these benefits
> or likely to start getting one of these benefits within the next six weeks because you're moving out of care
and any one of the following applies:
> you're moving out of residential or institutional care to live independently
> you're moving to a new home which will be more suitable for you following an unsettled period in your life and are being resettled by an organisation like a local council or voluntary organisation
> you need help to stay in your home and not go into residential care or hospital
> you need help because you and your family face exceptional pressure, such as family breakdown or because one of you has a long-term illness
> you look after someone who is ill or disabled, or has been released from custody on temporary licence
> you need help with expenses such as visiting someone who is ill, or to attend a relative's funeral
The amount you might get depends on your circumstances.
Effect of savings on awards
The amount of Community Care Grant you may get is reduced if you have savings of:
over £500 where you and your partner are aged under 60
over £1,000 where you and/or your partner are aged over 60
How it's paid
The grant is usually paid into your bank, building society or other account provider's account that you have nominated.
Effect on other benefits
A Community Care Grant doesn't count as income and won't affect other benefits you may be getting.
Reproduced courtesy of DirectGov
Click Here for full information.
Community Psychiatric Nurse (CPN) More info
A trained psychiatric nurse who makes assessments of prisoners and reports back to various bodies on whether further psychiatric work is needed.
Click Here for more information about Mental Health Professionals.
Community Punishment and Rehabilitation Order (CPRO) More info
This is has a 1 to 3 year probation element plus 40-100 hour community punishment element for those aged 16 and over.
It may have additional requirements like those of a CRO.
CPRO was formerly a Combination Order.
Community Punishment Order (CPO) More info
This is unpaid work of 40 – 240 hours for those aged 16 and over.
20 – 100 hours for fine defaulters.
CPO was formerly a Community Service Order.
Community Rehabilitation Order (CRO) More info
This is of 6 months to 3 years length, for those aged 16 and over. It may have additional requirements such as residence, probation centre attendance or treatment for drug, alcohol or mental problems.
CROs was formerly a Probation Orders.
Click Here for more information
Community Safety Partnerships More info
Community safety partnerships (CSPs) are made up of representatives from the police and police authority, the local council, and the fire, health and probation services (the 'responsible authorities').
Community safety partnerships were set up as statutory bodies under Sections 5-7 of the Crime and Disorder Act 1998.
The responsible authorities work together to develop and implement strategies to protect their local communities from crime and to help people feel safe. They work out local approaches to deal with issues including antisocial behaviour, drug or alcohol misuse and re-offending.
They also work with others who have a key role, including community groups and registered local landlords.
There are currently 310 CSPs in England, and 22 in Wales.
Contact the Home Office Community Safety Unit
Community Safety Unit
4th floor, Fry building
Home Office
2 Marsham Street
London
SW1P 4DF
For further contact information please go to our Address Finder
Click Here for more information (Home Office)
Community Service Volunteers (CSV) More info
COMP1 - Prisoners' Formal Complaint Form More info
This is the first stage in making a formal complaint. It is used for general complaints and not ones which may be confidential.
PSO 2510 covers the prisoners' Request and Complaints procedure
The complaint is submitted using form COMP1 which is white. You should receive a response, normally from a wing officer within about three working days. The response will be made on the same form as you made your complaint.
Click Here for a link to Prisoners' Advice Sevice advice on making a complaint
COMP1A - Prisoners' Formal Complaint Form More info
If a prisoner is not happy with the response to his initial complaint, on Form Comp1, then they can appeal using this form.
This form allows the prisoner to appeal to someone at management level against the stage 1 response using form COMP1A (also white.) This must be made within a week of receiving the first response. The prisoner should state why theyare not happy with the first response. A response from someone at management level should be received within seven working days. If it is going to take longer an interim reply should be provided explaining the reason for the delay.
PSO2510 deals with prisoners Requests and Complaints
Click Here for a link to the Prisoners' Advice Service information on making a complaint
COMP2 - Form for Confidential Access Complaint More info
If a prisoner wishes to make a complaint and feels that it should not be read by wing staff they can post it in a sealed envelope, using this form. Envelopes and forms should be freely available.
There are strict rules for what complaints can be sent by Confidential Access. If the prison thinks the complaint does not comply they will return it unanswered.
Responses from Confidential Access Complaints should be handed to the prisoner in a sealed envelope.
Click Here for a link to the Prisoners' Advice Service information on complaints
Compellable Witness More info
A witness who can be forced to give evidence against an accused (not all witnesses are compellable).
Compensation More info
Under the state-funded Criminal Injuries Compensation Scheme. People who claim to have been the victim of a violent crime, or relatives of someone who has died by such crime can claim money to make them feel better.
Click Here for the CICA website.
Compensation Order More info
An order that a convicted person must pay compensation for loss or damage caused by the offence they are convicted of.
Complainant More info
The person who makes a formal complaint. In relation to an offence of rape or other sexual offences. Tthe complainant is the person against whom the offence is alleged to have been committed.
Compos Mentis More info
Of sound mind.
Legally fit to conduct/defend proceedings.
Concurrent Sentences More info
Where a person has received more than one sentence the court can order that they should run at the same time as one another or partly overlapping. Where a sentence is passed on a prisoner who is already serving a sentence, and the court does not indicate whether the new sentence should be concurrent or consecutive to the existing sentence, it must be treated as being concurrent.
Click Here for Banks on Sentencing.
Conditional Discharge More info
An order which does not impose any immediate punishment on a person convicted of an offence; subject to the condition that he does not commit an offence in a specified period.
Conditional Release Date (CRD) More info
The date on which a prisoner serving 12 months or more but less than 4 years (and is due to be released under the provisions of the CJA 1991) is released on licence under supervision. The term also applies to prisoners serving a Standard Determinate Sentence (of 12 months or more) and are due to be released on licence under supervision under the provisions of the CJA 2003.
Click Here for 'Your Rights and the CJA 1991'
Click Here for 'Your Rights and the CJA 2003'
Confidential Access More info
Any letter sent from a prisoner to a legal adviser or vice versa is afforded legal privilege and prison staff may not open, read or stop this correspondence unless there are exceptional reasons for believing it is not to or from a legal adviser. In such circumstances, the mail may only be opened on the instruction of an Operational Manager and more importantly in the presence of the prisoner concerned.
As referred to in Prison Rule 39 (1), a legal adviser is defined to be a solicitor, counsel, or a clerk who acts on behalf of either the solicitor or counsel. The Court Service is also to be treated as privileged. The envelopes of legal correspondence should be clearly marked ‘Prison Rule 39’. Prisoners are also afforded ‘Confidential Access’ correspondence, which is outside of Rule 39. Confidential Access has the same handling arrangements as legal mail, but applies to correspondence with certain statutory bodies and individuals.
These are as follows:
> Bar Council
> Commission for Equality and Human Rights (CEHR)
> Courts, Criminal Cases Review Commission (CCRC)
> Embassy or Consular Officials
> Healthcare Commission
> Her Majesty’s Inspectorate of Prisons (HMIP)
> Law Society
> Members of European Parliament (MEP)
> Members of Parliament (MP)(only when acting in a parliamentary capacity)
> Members of the National Assembly for Wales (AM)
> Office for the Supervision of Solicitors (OSS)
> Office of the Legal Services Ombudsman
> Official Solicitor
> Parliamentary Commissioner for Administration(PCA)
> Prisons and Probation Ombudsman (PPO)
> The Samaritans
If a prisoner writes to any of the above they should mark the envelope ‘Confidential Access’ (as opposed to Rule 39). All incoming mail to prisoners from the above bodies and individuals should bear the appropriate identifying mark that is associated with that particular organisation.
PSO 4411 provides guidance to prison staff and prisoners on correspondence between prisoners and their legal advisers.
Prisoners may ask their librarian for InsideInformation factsheet R38 'Rule 39 & Confidential Access' which should be supplied without charge.
Information supplied by Nicla Lines of Chivers Solicitors
Confiscation Order More info
An order that private property belonging to a person is be taken into possession by the state. This is often done if it is believed that the property was obtain by the proceeds of a crime.
Legislation
insidetime Articles
Restraint & Receivers - Your Money or Theirs?
By Aziz Rahman, Solicitor and Jonathan Lennon, Barrister, from insidetime issue February 2011
In this article we give a brief overview on the law relating to Restraint Orders – that is an order made by the Crown Court which effectively freezes the assets of someone who is either being prosecuted or investigated for alleged criminal offences. The orders themselves can be very restrictive and we consider here how such orders are made and what steps should be taken if you find yourself on the wrong end of a Restraint Order.
Recent developments in The Law of Confiscation
By Christopher Foulkes & Darryl Lockwood , from insidetime issue September 2010
Specialist fraud barrister Christopher Foulkes and criminal defence lawyer Darryl Lockwood examine the Switalski Briefing: Recent Developments in The Law of Confiscation
By Arshid Khatana, from insidetime issue June 2010
Arshid Khatana is more than a little concerned at the activities of the Regional Asset Recovery Team.
By Shahreen Khatana, from insidetime issue July 2009
Shahreen Khatana maintains the essence of success in POCA cases is to have not just a good team but the best and most dedicated team of professionals from all the fields … certainly not obtained by the ‘one size fits all’ strategy.
Connexions More info
Consecutive Sentences More info
Where a person has received more than one sentence the court can order that they should run 'consecutively’ (one runs from the end of the other, so the total time served is found by adding each sentence together)). Where a sentence is passed on a prisoner who is already serving a sentence, and the court does not indicate whether the new sentence should be concurrent or consecutive to the existing sentence, it must be treated as being concurrent.
Click Here for Banks on Sentencing.
Constituency More info
Areas for which an MP serves in Parliament. The country is divided into areas of approximately equal population. The constituency is only valid for elections to Parliament, not local elections.
Prisoners may either write to their home address MP or the MP in whose constituency their current prison lies. All official letters to and from MPs are subject to the rules on Confidential Access.
A list of prisons with their constituency and MP is given below:
Establishment - Constituency - Current MP - Party -
ABERDEEN - Aberdeen South - Anne Begg - Labour -
ACKLINGTON - Berwick-upon-Tweed - Alan Beith - Liberal Democrat -
ADDIEWELL - Livingston - Jim Devine - Labour -
ALBANY - Isle of Wight - Andrew Turner - Conservative -
ALTCOURSE - Liverpool Walton - Peter Kilfoyle - Labour -
ASHFIELD - Thornbury and Yate - Pending 2010 Election - -
ASHWELL - Rutland and Melton - Alan Duncan - Conservative -
ASKHAM GRANGE - York Outer - Pending 2010 Election - -
AYLESBURY - Aylesbury - David Lidington - Conservative -
BARLINNIE - Glasgow North East - William Bain - Labour -
BEDFORD - Bedford - Patrick Hall - Labour -
BELMARSH - Erith and Thamesmead - John Austin - Labour -
BIRMINGHAM - Birmingham Ladywood - Clare Short - Labour -
BLAKENHURST - Bromsgrove - Julie Kirkbride - Conservative -
BLANTYRE HOUSE - Tunbridge Wells - Greg Clark - Conservative -
BLUNDESTON - Waveney - Bob Blizzard - Labour -
BRINSFORD - Staffordshire South - Patrick Cormack - Conservative -
BRISTOL - Bristol West - Stephen Williams - Liberal Democrat -
BRIXTON - Streatham - Keith Hill - Labour -
BROCKHILL - Bromsgrove - Julie Kirkbride - Conservative -
BRONZEFIELD - Spelthorne - David Wilshire - Conservative -
BUCKLEY HALL - Rochdale - Paul Rowen - Liberal Democrat -
BULLINGDON - Banbury - Tony Baldry - Conservative -
BULLWOOD HALL - Rayleigh and Wickford - Pending 2010 Election - -
BURE - Broadland - Pending 2010 Election - -
CAMP HILL - Isle of Wight - Andrew Turner - Conservative -
CANTERBURY - Canterbury - Julian Brazier - Conservative -
CARDIFF - Cardiff Central - Jenny Willott - Liberal Democrat -
CASTINGTON - Berwick-upon-Tweed - Alan Beith - Liberal Democrat -
CASTLE HUNTLEY - Perth and Perthshire North - Peter Wishart - Scottish Nationalist -
CHANNINGS WOOD - Newton Abbott - Pending 2010 Election - -
CHELMSFORD - Chelmsford - Pending 2010 Election - -
COLDINGLEY - Surrey Heath - Michael Grove - Conservative -
COOKHAM WOOD - Rochester and Strood - Pending 2010 Election - -
CORNTON VALE - Stirling - Anne McGuire - Labour -
DARTMOOR - Devon West and Torridge - Geoffrey Cox - Conservative -
DEERBOLT - Bishop Auckland - Helen Goodman - Labour -
DONCASTER - Doncaster Central - Rosie Winterton - Labour -
DORCHESTER - Dorset West - Oliver Letwin - Conservative -
DOVEGATE - Burton - Janet Dean - Labour -
DOVER - Dover - Gwyn Prosser - Labour -
DOWNVIEW - Reigate - Crispin Blunt - Conservative -
DRAKE HALL - Stone - Bill Cash - Conservative -
DUMFRIES - Dumfries and Galloway - Russell Brown - Labour -
DURHAM - City of Durham - Roberta Blackman-Woods - Labour -
EAST SUTTON PARK - Faversham and Mid Kent - Hugh Robertson - Conservative -
EASTWOOD PARK - Thornbury and Yate - Pending 2010 Election - -
EDINBURGH - Edinburgh South West - Alistair Darling - Labour -
EDMUNDS HILL - Suffolk West - Richard Spring - Conservative -
ELMLEY - Sittingbourne and Sheppey - Derek Wyatt - Labour -
ERLESTOKE - Devizes - Michael Ancram - Conservative -
EVERTHORPE - Haltemprice and Howden - David Davis - Conservative -
EXETER - Exeter - Ben Bradshaw - Labour -
FEATHERSTONE - Staffordshire South - Patrick Cormack - Conservative -
FELTHAM - Feltham and Heston - Alan Keen - Labour -
FORD - Bognor Regis and Littlehampton - Nick Gibb - Conservative -
FOREST BANK - Salford and Eccles - Pending 2010 Election - -
FOSTON HALL - Derbyshire South - Mark Todd - Labour -
FRANKLAND - City of Durham - Roberta Blackman-Woods - Labour -
FULL SUTTON - Yorkshire East - Greg Knight - Conservative -
GARTH - Ribble South - David Borrow - Labour -
GARTREE - Harborough - Edward Garnier - Conservative -
GLEN PARVA - Leicestershire South - Pending 2010 Election - -
GLENOCHIL - Ochil and Perthshire South - Gordon Banks - Labour -
GLOUCESTER - Gloucester - Parmjit Dhanda - Labour -
GREENOCK - Inverclyde - David Cairns - Labour -
GRENDON - Buckingham - John Bercow - Speaker (Conservative) -
GUERNSEY - Does not apply - - -
GUYS MARSH - Dorset North - Robert Walter - Conservative -
HAVERIGG - Copeland - Jamie Reed - Labour -
HEWELL - Bromsgrove - Julie Kirkbride - Conservative -
HIGH DOWN - Reigate - Crispin Blunt - Conservative -
HIGHPOINT - Suffolk West - Richard Spring - Conservative -
HINDLEY - Makerfield - Ian McCarthy - Labour -
HOLLESLEY BAY - Suffolk Coastal - John Gummer - Conservative -
HOLLOWAY - Islington North - Jeremy Corbyn - Labour -
HOLME HOUSE - Stockton North - Frank Cook - Labour -
HULL - Hull East - John Prescott - Labour -
HUNTERCOMBE - Henley - John Howell - Conservative -
HYDEBANK WOOD - Belfast South - Alasdair McDonnell - Social Democrat and Labour -
INVERNESS - Inverness - Nairn - Badenoch and Strathspey - Danny Alexander - Liberal Democrat -
IRC HASLAR - Gosport - Peter Viggers - Conservative -
ISLE OF MAN PRISON - Does not apply - - -
ISLE OF WIGHT - Isle of Wight - Andrew Turner - Conservative -
KENNET - Sefton Central - Pending 2010 Election - -
KILMARNOCK - Kilmarnock and Loudoun - Des Browne - Labour -
KINGSTON - Portsmouth North - Sarah McCarthy-Fry - Labour -
KIRKHAM - Fylde - Michael Jack - Conservative -
KIRKLEVINGTON GRANGE - Stockton South - Dari Taylor - Labour -
LA MOYE - Does not apply - - -
LANCASTER CASTLE - Lancaster and Fleetwood - Pending 2010 Election - -
LANCASTER FARMS - Lancaster and Fleetwood - Pending 2010 Election - -
LATCHMERE HOUSE - Richmond Park - Susan Kramer - Liberal Democrat -
LEEDS - Leeds West - John Battle - Labour -
LEICESTER - Leicester South - Peter Soulsby - Labour -
LEWES - Lewes - Norman Baker - Liberal Democrat -
LEYHILL - Thornbury and Yate - Pending 2010 Election - -
LINCOLN - Lincoln - Gillian Merron - Labour -
LINDHOLME - Don Valley - Caroline Flint - Labour -
LITTLEHEY - Huntingdon - Jonathan Djanogly - Conservative -
LIVERPOOL - Liverpool Walton - Peter Kilfoyle - Labour -
LONG LARTIN - Worcestershire Mid - Peter Luff - Conservative -
LOW NEWTON - City of Durham - Roberta Blackman-Woods - Labour -
LOWDHAM GRANGE - Newark - Patrick Mercer - Conservative -
MAGHABERRY - Lagan Valley - Jeffrey Donaldson - Democratic Unionist -
MAGILLIGAN - Londonderry East - Gregory Campbell - Democratic Unionist -
MAIDSTONE - Maidstone and the Weald - Ann Widdecombe - Conservative -
MANCHESTER - Blackley and Broughton - Pending 2010 Election - -
MOORLAND CLOSED - Don Valley - Pending 2010 Election - -
MOORLAND OPEN - Don Valley - Pending 2010 Election - -
MORTON HALL - Sleaford and North Hykenham - Douglas Hogg - Conservative -
NEW HALL - Wakefield - Mary Creagh - Labour -
NORANSIDE - Angus - Mike Weir - Scottish Nationalist -
NORTH SEA CAMP - Boston and Skegness - Mark Simmonds - Conservative -
NORTHALLERTON - Richmond (Yorks) - William Hague - Conservative -
NORWICH - Norwich North - Chloe Smith - Conservative -
NOTTINGHAM - Nottingham East - John Heppell - Labour -
ONLEY - Daventry - Tim Boswell - Conservative -
PARC - Bridgend - Madeleine Moon - Labour -
PARKHURST - Isle of Wight - Andrew Turner - Conservative -
PENTONVILLE - Islington South and Finsbury - Emily Thornberry - Labour -
PERTH - Perth and Perthshire North - Peter Wishart - Scottish Nationalist -
PETERBOROUGH - Peterborough - Stewart Jackson - Conservative -
PETERHEAD - Banff and Buchan - Alex salmond - Scottish Nationalist -
POLMONT - Linlithgow and Falkirk East - Michael Connarty - Labour -
PORTLAND - Dorset South - Jim Knight - Labour -
PRESCOED - Monmouth - David Davies - Conservative -
PRESTON - Preston - Mark Hendrick - Labour -
RANBY - Bassetlaw - John Mann - Labour -
READING - Reading East - Rob Wilson - Conservative -
RISLEY - Warrington North - Helen Jones - Labour -
ROCHESTER - Rochester and Strood - Pending 2010 Election - -
RYE HILL - Daventry - Tim Boswell - Conservative -
SEND - Mole Valley - Paul Beresford - Conservative -
SHEPTON MALLET - Wells - David Heathcoat-Amory - Conservative -
SHOTTS - Airdrie and Shotts - John Reid - Labour -
SHREWSBURY - Shrewsbury and Atcham - Daniel Kawczynski - Conservative -
SPRING HILL - Buckingham - John Bercow - Speaker (Conservative) -
STAFFORD - Stafford - David Kidney - Labour -
STANDFORD HILL - Sittingbourne and Sheppey - Derek Wyatt - Labour -
STOCKEN - Rutland and Melton - Alan Duncan - Conservative -
STOKE HEATH - Shropshire North - Owen Paterson - Conservative -
STYAL - Tatton - George Osbourne - Conservative -
SUDBURY - Derbyshire Dales - Pending 2010 Election - -
SWALESIDE - Sittingbourne and Sheppey - Derek Wyatt - Labour -
SWANSEA - Swansea West - Alan Williams - Labour -
SWINFEN HALL - Tamworth - Brian Jenkins - Labour -
THE MOUNT - Hertfordshire South West - David Gauke - Conservative -
THE VERNE - Dorset South - Jim Knight - Labour -
THORN CROSS - Warrington South - Helen Southworth - Labour -
USK - Monmouth - David Davies - Conservative -
WAKEFIELD - Wakefield - Mary Creagh - Labour -
WANDSWORTH - Tooting - Sadiq Khan - Labour -
WARREN HILL - Suffolk Coastal - John Gummer - Conservative -
WAYLAND - Norfolk Mid - Keith Simpson - Conservative -
WEALSTUN - Elmet and Rothwell - Pending 2010 Election - -
WELLINGBOROUGH - Wellingborough - Peter Bone - Conservative -
WERRINGTON - Staffordshire Moorlands - Charlotte Atkins - Labour -
WETHERBY - Elmet and Rothwell - Pending 2010 Election - -
WHATTON - Newark - Patrick Mercer - Conservative -
WHITEMOOR - Cambridgeshire North East - Malcolm Moss - Conservative -
WINCHESTER - Winchester - Mark Oaten - Liberal Democrat -
WOLDS - Haltemprice and Howden - David Davis - Conservative -
WOODHILL - Milton Keynes South - Pending 2010 Election - -
WORMWOOD SCRUBS - Hammersmith - Pending 2010 Election - -
WYMOTT - Ribble South - David Borrow - Labour -
These will change at the upcoming election
Construction Industry Training Board (CITB) More info
A body whose aim is to promote learning and skills, to prepare people for work in the construction industry.
Click Here for the CITB website.
Constructs More info
Constructs is an Offending Behaviour Programme which aims to develop competence in problem solving, social skills and the ability to prevent re-offending. It also aims to promote a pro-social lifestyle and enables the participants to produce a relapse prevention plan for the future.
Contempt of Court More info
Disobedience or wilful disregard to the judicial process.
Contracted Out Prisons More info
These are prisons run by private companies for profit. There are currently 11:-
HMP Altcourse - G4S Justice Services; HMP Ashfield - Serco; HMP Bronzefield - Kalyx (previously known as UKDS); HMP and YOI Doncaster - Serco; HMP Dovegate - Serco; HMP/YOI Forest Bank - Kalyx; HMP Lowdham Grange - Serco; HMP/YOI Parc - G4S Justice Services; HMP Peterborough - Kalyx; HMP Rye Hill - G4S Justice Services; HMP Wolds - G4S Justice Services.
Click Here for Prison Service Website.
Contributory Negligence More info
Partial responsibility of a claimant for the injury in respect of which he/she claims damages.
Control and Restraint (C & R) More info
A series of physical locks and holds used by prison officers to restrain and move a resisting prisoner in a controlled manner. See Prison Rule 47 (Use of Force); PSO1600 (Use of Force); PSO0200 Standard 61 (Use of Force).
Convicted More info
Found guilty by a court.
Click Here for a chart from Gloucester probation which shows what happens following conviction.
Conviction quashed More info
The appeal has been won and thee conviction overturned.
COPFS - Crown Office and Procurator Fiscal Service More info
The Crown Office and Procurator Fiscal Service (COPFS) is responsible for the prosecution of crime in Scotland, the investigation of sudden or suspicious deaths, and the investigation of complaints against the police.
Click Here for the COPFS website.
Co-respondent More info
A person named as an adulterer (or third person) in a petition for divorce.
Correctional Service Accreditation Panel (CSAP) More info
An independent body which accredits Offending Behaviour Programmes run in prisons.
Click Here for more information.
Corroboration More info
Evidence by one person confirming that of another or supporting evidence, for example forensic evidence (bloodstain, fibres etc) in murder cases.
Corston Report More info
A report by Baroness Jean Corston of a review of women with particular vulnerabilities in the criminal justice system, outlining the need for a distinct radically different, visibly-led, strategic, proportionate, holistic, woman-centred, integrated approach.
Click Here to download the full report
Costs More info
The expenses involved in a court case, including the fees of the solicitors and barristers and of the court.
Council Tax Benefit More info
If you’re on a low income, whether you're working or not, and need financial help to pay your Council Tax bill, you may be able to get Council Tax Benefit. Find out more, including who is eligible and information about the Second Adult Rebate.
Who is eligible?
To get an estimate of benefits that you may get (whether you're working or not), including Council Tax Benefit, use the online benefits adviser.
Council Tax Benefit
You may get Council Tax Benefit if you pay Council Tax and your income and capital (savings and investments) are below a certain level. You may apply whether you rent or own your home, or live rent-free. You could qualify if you are out of work, or in work and earning a wage.
Second Adult Rebate
You may get Second Adult Rebate if the person you share your home with is:
> not your partner or civil partner
> aged 18 or over
> not paying you rent
> not paying Council Tax themselves
> on a low income
You may be able to get Second Adult Rebate even if you don't receive Council Tax Benefit.
If you're either:
> not entitled to Council Tax Benefit
> only entitled to benefit which would cover 25 per cent or less of your Council Tax
Your local authority should automatically check if you're entitled to a Second Adult Rebate.
Who isn't eligible?
If you have savings of over £16,000 you can't normally get Council Tax Benefit, unless you're aged 60 or over and getting the 'guarantee credit' of Pension Credit.
Your income and savings won't affect Second Adult Rebate. Second Adult Rebate is based on the other person's circumstances.
Most asylum seekers and people sponsored to be in the UK won't get Council Tax Benefit.
How to check eligibility
If you think you may be eligible for Council Tax benefit, Click Here and enter details of where you live and you will then be taken to your local authority website where you can find out more.
Information reproduced courtesy of DirectGov
Click Here for more information
Counsel More info
A barrister or QC (Queen's Counsel).
Counterclaim More info
A claim brought by a defendant in response to the claimant’s claim, which is included in the same proceedings as the claimant’s claim.
County Court More info
County courts deal with civil matters such as disputes over contracts, unpaid debts and negligence claims. County courts deal with all monetary claims up to £50,000.
The county court is a court of the first instance – where civil cases start
County court judgment (CCJ) More info
A judgment of the county court that orders a defendant to pay a sum of money to the claimant. CCJs are recorded on the Register of County Court Judgments for six years and can affect a defendant’s ability to borrow money.
Court List More info
Cases are allocated to different 'lists' depending on the subject matter of the case. The lists are used for administrative purposes and may also have their own procedures and judges.
A case is 'Listed' when it has been allocated a court, judge and date for hearing.
Court listings are published for all Crown Courts so it is possible to see details of your hearing or trial.
Click Here for daily Crown Court listings.
Court Martial More info
A Court Martial is a military court which holds trials and sets punishments for members of the armed forces who have allegedly broken military law.
The Armed Forces Act 2006 established the Court Martial as a permanent standing court. Previously courts-martial were convened on an ad hoc basis.
The Court Martial may try any offence against service law.
The Court is made up of a Judge Advocate, and between three and seven (depending on the seriousness of the offence) officers and warrant officers.
Rulings on matters of law are made by the Judge Advocate alone, whilst decisions on the facts are made by a majority of the members of the court, not including the Judge Advocate, and decisions on sentence by a majority of the court including the Judge Advocate.
Click Here for The Court Martial and the Summary Appeal Court guidance - Volume 1: Guide to procedure - Version 4 October 2009
Click Here for The Court Martial and the Summary Appeal Court guidance - Volume 2: Guide for court members - Version 4 October 2009.
Click Here for Guidance on sentencing in the Court Martial - Version 2 October 2009
Court of Appeal Criminal Division (COACD) More info
Sometimes referred to as the COACD; this is the part of the Court of Appeal that deals with criminal cases.
Court of Protection More info
The branch of the High Court with jurisdiction over the estates of people mentally incapable of handling their own financial affairs.
Court Review Report More info
In certain circumstances a court at the time of passing a community order or suspended sentence order can determine that the sentence should be reviewed periodically and would require the responsible officer to present a report (i.e. a Review Report) on the offender’s progress and compliance.
Covenant More info
A formal agreement or a contract constituting an obligation to perform an act.
CRIB Rating More info
This is a British Standard which tests the fire safety of domestic and non-domestic furniture and bedding.
As far as it relates to prisons and prisoners you should refer to PSI 2011-022 which provides full information.
Crime and Disorder Reduction Partnership (CDRP) More info
A Crime and Disorder Reduction Partnership (CDRP) – Community Safety Partnership in Wales – was a multi-agency group set up in law (section 6 of the Crime and Disorder Act 1998) to tackle crime, drugs and anti-social behaviour throughout a geographic area.
Each partnership, which was normally chaired by a senior officer(s) from one of the partners, had to agree an annual partnership plan. This plan outlined the priorities the partnership would focus on over the next year and was informed by an annual strategic assessment. This analysed all the available local data on crime, drugs and anti-social behaviour in order to establish priorities.
CDRPs have now been replaced by community safety partnerships (CSPs).
Criminal Appeal Office (CAO) More info
The Criminal Appeal Office provides legal and administrative support to the Court of Appeal Criminal Division.
The administration of the Criminal Appeal Office is under the direction of the Registrar and Deputy Registrar of Criminal Appeals. There is a staff of approximately 100 including 29 lawyers.
Around 8,000 appeals are received each year. They are dealt with by four casework groups. Three casework groups deal with conviction cases and one deals with sentence only cases.
Criminal Cases Review Commission (CCRC) More info
The Criminal Cases Review Commission is the independent public body set up to investigate possible miscarriages of justice in England, Wales and Northern Ireland. The Commission assesses whether convictions or sentences should be referred to a court of appeal.
Click Here for the CCRC website.
Click Here for our InsideInformation Factsheet about the CCRC
Click Here for our InsideInformation Factsheet about Quality Appeals to the CCRC
Criminal Injuries Compensation Authority (CICA) More info
The government body which processes claims for compensation from people who claim to have been injured as a result of a crime upon them.
Click Here for the CICA website.
Criminal Justice Act (CJA) More info
There have been many Criminal Justice Acts covering all aspects of the Justice System. The government use CJAs to regulate many aspects of the Criminal Justice System.
Click the links below to download various Criminal Justice Acts.
Crime and Punishment (Scotland) Act 1997
Criminal Justice Act 1982
Criminal Justice Act 1988
Criminal Justice Act 1991
Criminal Justice Act 2003
Criminal Justice and Immigration Act 2008
Criminal Justice and Public Order Act 1994
Criminal Law (Consolidation) (Scotland) Act 1995
Criminal Procedure (Scotland) Act 1995
Criminal Justice Act 1982; Section 1C More info
Authorises a Young Offender to be temporarily kept at an adult establishment.
Click Here to download the Act.
Criminal Records Bureau (CRB) More info
The Criminal Records Bureau (CRB) is an executive agency of the Home Office which conducts criminal record checks on potential employees on behalf of organisations and recruiters throughout England and Wales. It works to help organisations identify candidates who may be unsuitable to work with children or other vulnerable members of society.
You will generally need a CRB check if your job means you:
- will be working regularly with children or vulnerable people
- will be working in an establishment that is wholly or mainly for children
- will be working in healthcare
- have applied to be a foster carer, adoptive parent or childminder
- will be working in certain other professions
The CRB check searches your details against criminal records and other sources, including the Police National Computer. The check may reveal convictions, cautions, reprimands and warnings. You, and your employer, will see the results of your search.
How to contact the Criminal Records Bureau
CRB helpline for all general enquiries: 0870 9090 811
8.00 am to 8.00 pm on weekdays
10.00 am to 5.00 pm on Saturday (closed Sunday and public holidays)
There is a separate number for transgender applicants only. Any general enquiries received on this number cannot be dealt with or transferred.
Transgender applicants tel: 0151 676 1452 or email:
crbsensitive@crb.gsi.gov.uk
Welsh enquiries: 0870 90 90 223
All calls to the CRB are recorded for training and security purposes. Security questions will be asked to verify your identity.
Contact details:
CRB Customer Services, PO Box 110, Liverpool L69 3EF
Tel: 0870 90 90 811
Information from DirectGov
Crisis Loan More info
A Crisis Loan can be used if you need help paying rent in advance after being released from prison and have been awarded a Community Care Grant. You apply to your Jobcentre Plus office.
Click Here for more information.
Cross-examination More info
This is where the lawyers, on both sides ask detailed questions of the other side's witnesses in court to find out if they are telling the truth and gather more answers to clarify issues.
Crown Advocate More info
Crown Advocates review and prepare cases, decide on trial tactics and provide pre-charge advice. They may also present some cases in court.
Crown Court More info
The court where all serious trials are held. Alleged Offences called ‘Summary Offences’ may only be heard in a Magistrates’ Court but can be referred to Crown Courts for sentencing or other reasons. Crown Courts are presided over by a Judge who directs a jury of twelve members of the public. Defendants are normally represented at Crown Court by a Barrister or Queens Counsel.
Crown Prosecution Service (CPS) More info
The body which decides whether to take a person to trial and then guides the Crown's interests through the court system.
You can find CPS area offices with our Address Finder.
Click Here for the CPS website.
Crown Prosecutor More info
Crown Prosecutors are senior qualified lawyers employed by the Crown Prosecution Service (CPS) who review, prepare and prosecute a whole range of cases in court.
CSCS Card - Construction Skills Certification Scheme More info
A system designed to prove competence in the construction industry. Increasingly employers will be asking to see the card before employing someone.
Click Here for more information.
CSRA - Cell Sharing Risk Assessment More info
After Zahid Mubarek was murdered in Feltham young offender institution in 2000 by a racist there was an enquiry and one result was the introduction of Risk Assessments of all prisoners prior to being forced to share a cell.
Click Here for Scottish Prison Service Cell Sharing Assessment
Click here to read PSI2005-32 concerning Risk Assessments.
Custody for Life More info
The mandatory sentence for those under 21 convicted of murder, but who committed the murder between the ages of 18 and 21.
Click Here for Prison Service website.
Custody Time Limit More info
The maximum period, as set down in statute, for which a person may be kept in custody before being brought to trial – the maximum periods may only be extended by an order of the judge.
Customer Information Order More info
An order requiring a financial institution to provide certain information held by them relating to a customer for the purposes of an investigation into the proceeds of crime.
D
Damages More info
An amount of money claimed as compensation for physical/material loss, e.g. personal injury, breach of contract.
Date of Service (civil claims) More info
The date of service of the claim is the date upon which the defendant receives the claim form issued by the court on behalf of the claimant. If the ‘particulars of claim’ section is completed or the particulars of claim are attached, the defendant must acknowledge receipt within 14 days
.
De Facto More info
In fact.
As a matter of fact.
Declaration of Incompatibility More info
A declaration by a court that a piece of UK legislation is incompatible with the provisions of the European Convention on Human Rights.
Deed More info
A legal document which sets out the terms of an agreement, which is signed by both parties.
Default Judgment More info
May be obtained without a hearing by the claimant if the defendant fails to reply or pay within a 14 day period after service of the claim. A claimant can apply for a default judgment if the amount claimed is specified or for a judgment on liability if the amount claimed is unspecified.
Defendant More info
The person accused of an offence or the subject of a trial.
Defending Counsel More info
A qualified lawyer (normally a barrister or QC) who defends someone accused of a crime in a court of law (usually in the Crown Court).
Deferred Sentence More info
A sentence which is determined after a delay; to allow the court to assess any change in the person’s conduct or circumstances after his or her conviction.
Deliver judgment (Appeals) More info
The Court of Appeal judge gives the judgment of all three judges.
Deponent More info
Person giving evidence by affidavit.
Deposition More info
A written record of a witness’ written evidence. Prisoners often have a copy of all the statements in their trial and refer to them as their 'Deps'.
Determinate Sentence More info
A sentence with a fixed duration after which the person is released. These include Discretionary Conditional Release (DCR) prisoners serving more than 4 years whose offence was committed before 4 April 2005 and prisoners given extended sentences for public protection (EPP) for offences committed on or after 4 April 2005.
Developing Prison Service Managers (DPSM) More info
This is a programme whereby Principle Officers (POs) are trained to do junior management duties including hearing adjudications. The programme is outlined in PSI 2010-054.
DG – Director General More info
The head of the Prison Service - currently Michael Spurr (from June 2010)
Mike Ewart is the Chief Executive of the Scottish Prison Service.
Directions More info
Case management instructions given by the judge which give a time-table for pre-trial procedures.
Director More info
The Director of a privatised prison follows much the same role as a governor at a publicly managed prison.
Director of Public Prosecutions (DPP) More info
The DPP is the head of the Crown Prosecution Service and answers to the Attorney General who, in turn, reports to Parliament. The DPP is responsible for prosecutions, legal issues and criminal justice policy.
Discharge Grant More info
This is money to help with a prisoner's living expenses for the first week after leaving prison. They must claim the discharge grant at least four weeks before they leave prison.
More information can be found in PSO6400.
Discovery of Documents More info
Mutual exchange of evidence and all relevant information held by each party relating to the case.
Discretionary Accommodation Grant More info
If a prisoner is being released with no fixed address (NFA) they can apply for a grant that will help towards the cost of accommodation on release. Forms are issued to the prisoner before release. The grant is provided at the Governor’s discretion and is paid directly to the housing provider.
Click Here to download PSI2005-03 which contains more information.
Discretionary Conditional Release (DCR) More info
The statutory name for what in every day language is ‘on parole’. For more information read Chapter 5 of PSO6000.
Click Here for information from Prisoners' Families Helpline.
Discretionary Life Sentence More info
Imprisonment for Life is the maximum sentence for those over 21 convicted of a serious offence, e.g. manslaughter, attempted murder, rape, armed robbery, arson etc.
Detention for Life is the maximum sentence for a person aged 10 or over but under 18, who is convicted of offences other than murder for which a discretionary life sentence may be passed on a person over 21.
Custody for Life may also be imposed where a person aged 18 or over but under 21 at the time of the offence is convicted of any other offence for which a discretionary life sentence may be passed on an adult.
Distress Warrant More info
A court order giving the power to seize goods from a debtor to pay his debts.
District Judge More info
Previously known as Stipendiary Magistrates (ie. Magistrates who are paid) these sit alone and have the authority to sit in any Magistrates' Court. District Judges have tended to be appointed from the ranks of legal advisors to the magistrate's court and are normally qualified solicitors or barristers.
Divisional Court More info
As well as having an original jurisdiction of their own, all three divisions of the High Court have appellate jurisdiction to hear appeals from lower Courts and tribunals.
- The Divisional Court of the Chancery Division deals with appeals in bankruptcy matters from the County Court.
- The Divisional Court of the Queen's Bench Division deals largely with certain appeals on points of law from many Courts.
- The Divisional Court of the Family Division deals largely with appeals from Magistrates Courts in matrimonial matters a 'next friend' or 'guardian ad litem'
DNA - Deoxyribose Nucleic Acid More info
DNA is a substance found within the cells of all living things including blood, saliva and semen. It is considered to be unique for each individual and is used frequently to facilitate convictions. The Police routinely collect DNA samples from everybody they arrest and have refused to remove the 'DNA Profiles' from their files even if a person is not charged or acquitted. A recent ECHR judgement ruled against the retention of such DNA.
Click Here to read the ECHR Judgement
Click Here for more information from the Home Office on the DNA Database
Click Here to read more about DNA in Forensics
Doli Incapax More info
Incapable of crime.
DRR - Drug Rehabilitation Requirement More info
The Drug Rehabilitation Requirement has evolved from the Drug Treatment and Testing Order (DTTO) to bring those Orders within the Criminal Justice Act (2003).
Click Here for more information.
DSPD - Dangerous and Severe Personality Disorder More info
A psychological description of people who are said to be especially dangerous because of severe personality disorders. The Prison Service have a DSPD Programme and prisoners who are so diagnosed are transfered to special DSDP units located in a small number of prisons.
Click Here for more information.
DSR - Deferred Sentence Report More info
When a Court defers sentence to a future date and sets clear expectations for the offender’s progress, a Pre-Sentence Report (i.e. a deferred sentence report) will normally be required to detail how those expectations have been fulfilled and to assist the court in determining the appropriate sentence.
DTO - Detention and Training Order More info
A DTO sentences a young person to custody. It can be given to 12- to 17-year-olds. The length of the sentence can be between four months and two years. The first half of the sentence is spent in custody while the second half is spent in the community under the supervision of the youth offending team (YOT).
Click Here for more information.
DTTO - Drug Treatment and Testing Order More info
A DTTO is a court order that is aimed at assisting offenders to reduce their drug use.
Click Here for more information.
Duces Tecum More info
An order to produce document to court.
E
E List - The Escape List More info
A list of potential escapees subject to increased security. People on the 'E-List' may be required to wear special clothing.
Click Here for more information.
EACS Enhanced Addictions Casework Service More info
In Scotland provides a similar role to CARAT teams, including addictions assessments and motivational support sessions.
Click Here for more information.
Early Custody Licence Subsistence Allowance More info
All prisoners released on ECL, and who meet the eligibility requirements, will receive payment of a discharge grant of £46 and weekly subsistence payments of £47.12. The total amount of subsistence payable will depend on the length of the period of ECL.
Click Here to download PSI2007-27 which contains relevant information.
Education Development International (EDI) More info
EDI works in collaboration with industry, governments, universities and professional bodies around the world to ensure its qualifications and assessments are accredited, recognised and relevant.
Click Here for the EDI website.
Either-way Offence More info
An offence for which the accused may elect the case to be dealt with either summarily by the magistrates or by committal to the Crown Court to be tried by jury.
Electoral Registration Officer (ERO) More info
The person in each area who oversees the Electoral Register and registers people for voting.
Click Here for more information about registering to vote.
English as a Second Language (ESL) More info
A course and examination for people for whom English will not be their first language.
Click Here for more information.
English for Speakers of Other Languages (ESOL) More info
An English course and examination for people with another language as their first language.
Click Here for more information.
Enhanced (IEP) More info
The highest of the three normal IEP levels.
Click Here to download PSO4000 which details the IEP Scheme.
Enhanced Thinking Skills (ETS) More info
An accredited offending behaviour programme based on cognitive therapy to change the way people think in various situations.
Click Here for MoJ reports into effectiveness of ETS Programmes.
Enrolled Nurse (EN) More info
A medical nurse who has passed examinations set by the Royal College of Nursing and is, therefore, qualified.
EOEF - European Offender Employment Forum More info
The European Offender Employment Forum (EOEF) exists to: Promote links between different employment providers across Europe.
Lobby and advocate on offender employment issues.
Provide a central information source for policy makers and providers.
The EOEF is an independent not-for-profit organisation reliant on income from member subscriptions, events and project funding.
It is administered by The Centre for Economic and Social Inclusion.
Click Here for more information
ERCG – Early Release on Compassionate Grounds More info
The early release of a prisoner for compassionate reasons (usually impending death within 3 months). For further information see Chapter 12 of PSO6000.
ERS - Early Removal Scheme More info
This refers to a scheme whereby foreign prisoners are released early from their sentence and deported. For more information refer to PSO 6000.
Estreatment - of recognizance More info
Forfeiture. If, for example, a person puts up a bond to secure bail for a person who then absconds.
European Convention on Human Rights (ECHR) More info
A set of rules for the treatment of people, created in Europe, which Britain has signed up to and has to obey.
Article 1
The High Contracting Parties shall secure to everyone within their jurisdiction the rights and freedoms defined in Section I of this Convention.
SECTION I
Article 2
1: Everyone’s right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law.
2: Deprivation of life shall not be regarded as inflicted in contravention of this article when it results from the use of force which is no more than absolutely necessary:
a) in defence of any person from unlawful violence;
b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
c) in action lawfully taken for the purpose of
quelling a riot or insurrection.
Article 3
No one shall be subjected to torture or to inhuman or degrading treatment or punishment.
Article 4
1: No one shall be held in slavery or servitude.
2: No one shall be required to perform forced or compulsory labour.
3: For the purpose of this article the term "forced or compulsory labour" shall not include:
a) any work required to be done in the ordinary course of detention imposed according to the provisions of Article 5 of this Convention or during conditional release from such detention;
b) any service of a military character or, in case of conscientious objectors in countries where they are recognised, service exacted instead of compulsory military service;
c) any service exacted in case of an emergency or calamity threatening the life or well-being of the community;
d) any work or service which forms part of normal civic obligations.
Article 5
1: Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law:
a) the lawful detention of a person after conviction by a competent court;
b) the lawful arrest or detention of a person for non-compliance with the lawful order of a court or in order to secure the fulfilment of any obligation prescribed by law;
c) the lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so;
d) the detention of a minor by lawful order for the purpose of educational supervision or his lawful detention for the purpose of bringing him before the competent legal authority;
e) the lawful detention of persons for the prevention of the spreading of infectious diseases, of persons of unsound mind, alcoholics or drug addicts or vagrants;
f ) the lawful arrest or detention of a person to prevent his effecting an unauthorised entry into the country or of a person against whom action is being taken with a view to deportation or extradition.
2: Everyone who is arrested shall be informed promptly, in a language which he understands, of the reasons for his arrest and of any charge against him.
3: Everyone arrested or detained in accordance with the provisions of paragraph 1.c of this article shall be brought promptly before a judge or other officer authorised by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial.
4: Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful.
5: Everyone who has been the victim of arrest or detention in contravention of the provisions of this article shall have an enforceable right to compensation.
Article 6
1: In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interests of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.
2: Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law.
3: Everyone charged with a criminal offence has the following minimum rights:
a) to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him;
b) to have adequate time and facilities for the preparation of his defence;
c) to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require;
d) to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;
e) to have the free assistance of an interpreter if he cannot understand or speak the language used in court.
Article 7
1: No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national or international law at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the criminal offence was committed.
2: This article shall not prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles of law recognised by civilised nations.
Article 8
1: Everyone has the right to respect for his private and family life, his home and his correspondence.
2: There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
Article 9
1: Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance.
2: Freedom to manifest one’s religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others.
Article 10
1: Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
2: The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.
Article 11
1: Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests.
2: No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others. This article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the State.
Article 12
Men and women of marriageable age have the right to marry and to found a family, according to the national laws governing the exercise of this right.
Article 13
Everyone whose rights and freedoms as set forth in this Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity.
Article 14
The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.
Article 15
1: In time of war or other public emergency threatening the life of the nation any High Contracting Party may take measures derogating from its obligations under this Convention to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with its other obligations under international law.
2: No derogation from Article 2, except in respect of deaths resulting from lawful acts of war, or from Articles 3, 4 (paragraph 1) and 7 shall be made under this provision.
3: Any High Contracting Party availing itself of this right of derogation shall keep the Secretary General of the Council of Europe fully informed of the measures which it has taken and the reasons therefore. It shall also inform the Secretary General of the Council of Europe when such measures have ceased to operate and the provisions of the Convention are again being fully executed.
Article 16
Nothing in Articles 10, 11 and 14 shall be regarded as preventing the High Contracting Parties from imposing restrictions on the political activity of aliens.
Article 17
Nothing in this Convention may be interpreted as implying for any State, group or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms set forth herein or at their limitation to a greater extent than is provided for in the Convention.
Article 18
The restrictions permitted under this Convention to the said rights and freedoms shall not be applied for any purpose other than those for which they have been prescribed.
Click Here for the Human Rights Act 1998
Click Here for the full text of 'European Convention on Human Rights and Fundamental Freedoms' - including all the Sections and Articles.
European Court of Human Rights (ECHR or ECtHR) More info
A court which hears complaints from people who believe their rights under the ECHR have been violated.
Click Here for more information.
European Union (EU) More info
The political grouping of European countries, previously the 'Common Market' and 'EEC'. The European Court is part of the political union.
Evidence More info
This is the material upon which the prosecution relies in order to gain a conviction. It may be in the form of statements from alleged victims or witnesses, it may be actual material items (such as a weapon), it may be scientific (or forensic) opinion about material found at a crime scene or may be Circumstantial (the defendant doesn’t have an alibi). Increasingly Hearsay evidence is also being allowed.
Evidence in Chief More info
The evidence given by a witness for the party who called them - eg: a defence witness called by the defence or a prosecution witness called by the prosecution.
Ex Gratia More info
An Ex Gratia payment would be awarded without the acceptance of any liability or blame.
Ex Officio More info
By virtue of his office.
A magistrate sitting with a judge at the Crown Court would appear ex officio in a case where no judicial function is to be exercised by the magistrate eg case committed to Crown Court for sentence only.
Ex Parte More info
An ex parte application is made to the Court during proceedings by one party in the absence of another or without notifying the other party.
Ex Post Facto More info
Something that occurs after the event but having a retrospective effect.
Examining Justice More info
A magistrate carrying out his or her function of checking that a case appears, on the face of the prosecution case papers, to exist against an accused before the case is put forward for trial in the Crown Court .
Exemplary Damages More info
Damages which go beyond compensating for actual loss and are awarded to show the court’s disapproval of the defendant’s behaviour.
Exhibit More info
A document or item that is to be presented in court. A defendent should have a full list of exhibits that are to be presented. Exhibits are usually sealed in bags before presentation and should have a 'chain of custody' record showing where they have been and who has handled them in the period between acquisition and presentation to court.
Exhibit More info
Item or document referred to in an affidavit or used as evidence during a Court trial or hearing.
Expert Witness More info
Person employed to give evidence on a subject in which they are qualified or have expertise.
External Adjudicator More info
Where prisoners are alleged to have broken Prison Rules they may be called to an Adjudication before a Governor; however if the alleged charge is serious (especially if it may result in days being added to the sentence) an External Adjudiactor is brought in. This is usually a judge. If the prisoner is to face an External Adjudicator they are entitled, as a right, to have a legal representative present at the adjudication. The usual rules of adjudications apply such as calling witnesses etc.
F
F2050 More info
The ongoing, day to day, record concerning a prisoner. This includes their 'History Sheet' or 'Page 16'.
Fabric Check More info
This used to be called LBBs and is a physical check of the fabric of a cell.
It is covered by PSI 2011-028.
The new policy states that in all prisons except the High Security Estate such checks do not need to be done every day.
Fabric Checks are not 'searches' as such and the Annex A of the PSI gives a list of those areas that should be checked:
Doors and Locks:
- Check the glass and cover of the observation panel – ensure that they are complete and secure;
- Check the metal skin on the door is secure;
- Ensure that the door frame is secured to the wall;
- Check that the lock keep is not obstructed;
- Check that screws on hinges, locks and bolts are secure;
- Ensure that the door key and lock move freely.
Windows and Bars:
- Check that the window frames are sound and fixed securely to the wall;
- Examine the bar surrounds and ensure that they are set into the masonry;
- Examine windows visually and check for soundness using any specialised equipment provided locally.
Walls, Floors and Ceiling:
- Ensure that nothing is stuck on outside walls (remove articles if necessary);
- Sound all walls by tapping and closely examine, using a hands-on approach;
- Look particularly for cracks, blemishes and irregular surfaces;
- Check the ceiling including any light fittings and conduits;
- Check ceiling trapdoors if fitted;
- Check the floor for any sign of loose boards, tiles etc or any other faults;
- Check around any fittings fixed to the walls or floor;
- Move any fittings/furniture that obstructs your access to any of the surfaces/walls to be checked;
- Ensure that light switches work. Visibility is a basic security matter;
-
Check that the cell call bell is working.
Facilitator More info
A fair and impartial third party whose role is to assist the participation of those causing harm and those affected by it in order to find a solution that best meets the needs of all parties.
Facilities List More info
A list of items a prisoner may keep in possession, subject to Volumetric Control.
For more information see PSO1250.
Family Group Conference (FGC) More info
A group meeting involving extended family members who are invited to meet with other parties (police, social workers, welfare officers etc) to resolve problems of conflict or offending behaviour.
Click Here for more information.
Family Justice Council (FJC) More info
The Family Justice Council (FJC) exists to promote better and quicker outcomes for the families and children who use the family justice system.
The Council promotes an inter-disciplinary approach to the needs of family justice, bringing together experts from the worlds of the law, health and social care to support and advise government and the family courts. It is chaired by the President of the Family Division, Sir Nicholas Wall.
The National FJC is supported by a network of 39 Local Family Justice Councils across England and Wales.
Click Here for more information
Family Visit More info
A special visit for a father (or mother) to have quality time with their children in a more relaxed atmosphere. In YOIs it allows the trainee quality time with his/her parents or guardians.
Information about Family Visits is given with our Regime Information for every prison.
FCDO - Family Contact Development Officer More info
In Scottish prisons the FCDO assists with maintaining family contact and ensuring visits run smoothly.
First Night Centre More info
A special unit in some prisons where people stay for the first night, on arrival, after being convicted. Our Regime Information shows whether a prison has a First Night facility or not.
First Steps Programme More info
This Offending Behavious Programme aims to address the needs of those identified as having drug misuse problems by providing awareness and education on drug related issues.
Fixed Penalty Notices More info
Fixed penalty notices generally deal with environmental offences such as litter, graffiti and dog fouling, and can be issued by local authority officers and police community support officers.
These notices can be issued to anyone over 10 years old.
Offences where a notice might be issued
Examples of offences for which a notice might be issued are:
> littering
> graffitiing or fly posting
> causing so much loud and annoying noise that your neighbours complain
Penalty notices are not the same as criminal convictions. However, failure to pay your fine may result in higher fines or imprisonment.
See also 'PND - Penalty Notice for Disorder'
Fixed Termer More info
A prisoner serving a fixed prison sentence (also called 'determinate'), as opposed to a life sentence prisoner.
Click Here for the 'Crime (Sentences) Act 1997.
FLED – Facility Licence Eligibility Date More info
Quarter of the way through sentence / Half way through custodial part of sentence.
Floating Support More info
Floating support services allow support to be provided irrespective of where a young person is living.
For example, when a young person moves out of supported housing, where services have been provided as part of the accommodation arrangements, they may not be ready to live without continued support.
Floating support can move with the young person and be tailored to meet their needs. It can be provided in any type of accommodation and will be funded through Supporting People.
There has been a significant increase in floating support schemes as a result of the Supporting People arrangements. Floating support schemes may be particularly relevant for young offenders who have been excluded from certain housing because of their behaviour.
Reproduced courtesy of The Youth Justice Board
Foreign National More info
A Foreign National is anyone who holds a passport of any nationality other than British. British foreign dual nationals should be treated as British.
Form 1127A More info
If you were charged with an offence under prison disciple (Rule 51) this form was given to you to explain the charges.
It has now been replaced by Form DS1 which replaced bothe Forms 1127A and 1127B.
Form 1127C More info
If you were called to an adjudication you were given this form which explains the procedures. See PSO2000.
It has now been replaced by Form DIS 2.
Form 256D More info
When you are found guilty at an adjudication the Governor gave you this form which sets out his punishments. See PSO2000.
This form has now been replaced by Form DIS 7.
Form ADJ1 More info
After an adjudication, this form iwas used to appeal the result or complain about the conduct of the adjudication. See PSO2000.
The form has now been replaced by Form DIS 8.
Form MR1 More info
This is a new form used as a Notice of Minor Report - when a prison officer reports a prisoner for an alleged breach of Prison Rules..
Click Here to download a copy.
See also PSI 2011-047
Forms DIS 1 - 9 More info
These are the new forms for adjudications which replace the old 'F' and 'Adj' forms.
For a full list of the replacement forms and to download copies please see under 'Adjudication'
Forms IA 1 - 4 More info
These are the new codes for forms used when an alleged offence by a prisoner is adjudicated by an external adjudicator.
For a full list of the replacement forms and to download copies please see under 'Adjudication'.
Forms XF001 & XF002 More info
Forms used to identify risk of harm to others and inform judgement about allocation to shared cells.
Chapter 59 of the Mubarek Enquiry deals with Cell Sharing Risk Assessments and Forms XF001 and XF002.
Forum Conveniens More info
A Court having jurisdiction in a particular case.
Foyers More info
There are a variety of foyer models, but most combine accommodation with training and educational opportunities.
Participation in training or education is usually a condition of acceptance into a foyer scheme.
This may be a suitable option for young people who are relatively motivated and independent. However, young offenders with chaotic lives may find it difficult to engage consistently in training and education and this can pose access problems.
By talking with foyer providers, and sitting on management steering groups, YOTs may be able to encourage foyers to work more closely with the young offender client group.
Several foyers are taking a more proactive interest in working with young offenders and are developing schemes to work with young people coming out of custody. See www.foyer.net for more information.
As with hostels, funding for the support element is usually provided via Supporting People and rent via housing benefit, or social services payments for care leavers.
Reproduced courtesy of The Youth Justice Board
Free bus travel More info
Since April 2008 everyone who is resident in England and is either:
> of 'eligible age'
> 'eligible disabled'
has been entitled to a free annual bus pass giving free off-peak travel on local buses anywhere in England. Local authorities may offer further benefits to their residents, such as free travel outside off-peak times or reduced tram or rail travel. But these will apply only for travel in the local area, not elsewhere in England.
What is ‘eligible age’?
Eligibility for a bus pass (based on age) is tied to the State Pension age - the earliest age at which you can claim your State Pension.
If you were born before 6 April 1950, you are eligible from your 60th birthday.
However, if you were born after 5 April 1950, you will need to check. The State Pension age for women is changing. This means that the age at which both men and women become eligible for a bus pass is changing too.
Click Here to find out what your 'Pensionable Age' is
Click Here for more information on concessionary fares
Information from Directgov
FRS – Facilitated Returns Scheme More info
The Facilitated Returns Scheme, launched in October 2006, provides incentives to foreign nationals to return to their country of origin. Only the £43 discharge grant will be paid in cash and the rest is given in the form of training or business start-up costs once the individual has returned home.
In addition to the normal removal at the end of sentence, a prisoner can return home up to 135 days early by the Early Removal Scheme. Many foreign nationals are able to be repatriated to serve the remainder of their sentence in their home country. This enables the prisoner to be nearer their family and allows participate in rehabilitation programmes specific to their country.
Click Here for PSI 21/2007 'IMMIGRATION AND FOREIGN NATIONALS IN PRISON' which gives more information
Click Here for PSO 4630 'IMMIGRATION AND FOREIGN NATIONALS IN PRISONS'
Click Here for 'Foreign Nationals' Resource Packs' in various languages
Click Here to go to our Solicitor Search Page which can help you find solicitors who deal with immigration and deportation.
Full court (Appeals) More info
The panel of three judges who hear a renewed application for leave to appeal, after the first judge may have rejected it.
Full Search More info
A search where a prisoner is asked to remove all of his or her clothing for searching. It used to be called a 'Strip Search'. There are specific rules for its conduct and the prisoner is only searched by persons of the same sex and should never be naked. The procedure for Full Searches of female prisoners has recently been updated to ensure more privacy.
Click Here for PSI2008-038 New procedures for searching female prisoners.
Two new PSIs have been issued relating to searching.
2010-048 - Searching of the person
2010-049 - Cell area vehicle searching
You can find an appraisal of these in our Rules section.
Full Time Education (FTE) More info
A prison term referring to someone who attends education, in prison, for all available sessions and does not attend workshops.
Functus Officio More info
A judicial or official person prevented from taking a matter further because of limitation by certain regulations.
G
Garnishee More info
A summons issued by a plaintiff, against a third party, for seizure of money or other assets in their keeping, but belonging to the defendant.
GNVQ - General National Vocational Qualification More info
The GNVQ was a suite of general vocational qualifications, but were withdrawn in 2007.
Click Here for more information about NVQs.
GOOD - Good Order or Discipline More info
This refers to Prison Rule 43. If a prisoner does not behave according to the rules, he or she could be segregated or punished under 'Good Order and Disciple'. PSO1810 contains further information.
Governor More info
A senior non-uniform grade of prison staff. The ‘Governing Governor’ (or No 1 Governor) runs the establishment, other governor grades take responsibility for particular sections of the prison. In private establishments there are no Governors and the most senior management person is the Director.
Grievous Bodily Harm (GBH) More info
One of the charges associated with violent assault. It is more serious than ABH and comes under the Offences against the Person Act 1861 section 20. Often called a 'Section 20'.
Click Here for more information.
Guardian More info
A person appointed to safeguard/protect/manage the interests of a child or person under mental disability.
Guardianship Order More info
An order appointing someone to take charge of a child’s affairs and property.
GUC - Genito-Urinary Clinic More info
GUM - Genito-Urinary Medicine More info
A branch of medicine that deals with sexually transmitted diseases.
Click Here for more information.
H
HCO - Health Care Officer More info
A prison officer who works within a prison healthcare centre.
Click Here to download a report about the future of prison healthcare.
Hearsay Evidence More info
Hearsay evidence is evidence that is reported but not given by the actual witness.
The CPS (Crown Prosecution Service) say;
The Criminal Justice Act 2003 codifies the law on the admissibility of hearsay evidence and abolishes previous common law rules and statutory provisions.
The changes have followed considerable criticism of the operation of the existing law. In 1997 the Law Commission conducted a full consultation exercise and thereafter produced a report and draft Bill (Law Commission report No 245 Evidence in Criminal Proceedings: Hearsay and related topics). This area of law was also considered by Sir Robin Auld as part of his Review. Sir Robin Auld concluded that we should move away from the strict rule against the admission of hearsay evidence in criminal proceedings, to a more flexible position where we admit such evidence and instead trust fact-finders to assess the weight of the evidence. The Government's White Paper "Justice for All" promoted more inclusionary rules of evidence with the comment "Justice is not served if important information is excluded for no good reason." The new approach is consequently to make it easier to present evidence, including hearsay, to the jury.
The Government has generally adopted the Law Commission recommendations and the provisions in the Criminal Justice Act 2003 are generally consistent with the draft bill that was produced in 1997.
The general principle in relation to criminal proceedings is that prosecution and defence witnesses should give oral evidence and be available for cross-examination. The Law Commission accepted that this was a fundamental part of the trial system.
Article 6(3)(d) of the European Convention on Human Rights states that a person charged with a criminal offence has a right "to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him". This right is one of the factors to be taken into account when considering whether or not there has been a fair trial. One of the purposes of Article 6(3)(d) is to put the accused person on an equal footing with the prosecution.
The new hearsay provisions apply equally to the defence as to the prosecution with the added safeguard for the defendant that any matters requiring proof must be proved to the criminal standard by the prosecution and on a balance of probabilities by the defence.
Exceptions to the rule against hearsay have been developed at common law and by statute. As long ago as 1965 the House of Lords (DPP v Myers [1965] AC 1001) suggested that there was no proper principle being followed and that future developments to exceptions to the hearsay rules should be left to legislation. The former legislation is contained in (Part 2 (Sections 23 to 28) Criminal Justice Act 1988) and relates to the admissibility of statements made by unavailable witnesses.
Reproduced courtesy of CPS
Click Here for more information
Her Majesty’s Pleasure (HMP) More info
The mandatory sentence of detention for someone convicted of murder who is under the age of 18. It is equivalent to an adult life sentence.
Click Here for more information.
Her Majesty's Young Offenders' Institution (HMYOI) More info
A prison for young people, usually between 18 and 21 years old. Residents are not referred to as prisoners but usually 'Trainees'.
High Court More info
A civil Court which consists of three divisions:-
- Queen's Bench - civil disputes for recovery of money, including breach of contract, personal injuries, libel/slander;
- Family - concerned with matrimonial maters and proceedings relating to children, e.g. wardship;
- Chancery - property matters including fraud and bankruptcy
High Court of Justiciary More info
This is the supreme criminal court of Scotland, established in 1672. It is both a trial court and a court of appeal. As a trial court it sits mainly in Parliament House, or in the former Sheriff Court building, in Edinburgh, but also sits from time to time at various other locations in Scotland. As a court of appeal, it sits only in Edinburgh
High Supervision More info
In Scotland, the highest ‘category’ of prisoners, defined as ‘an individual for whom all activities and movements require to be authorised, supervised and monitored by prison staff.’
History Sheet More info
A daily record kept on prisoners by prison officers. Also called a 'Page 16'.
HLED - Home Leave Eligibility Date More info
The date at which a prisoner becomes eligible for consideration for home leave.
HMCIP - Her Majesty's Chief Inspector of Prisons More info
Her Majesty's Inspectorate of Prisons for England and Wales (HMI Prisons) is an independent inspectorate which reports on conditions for, and treatment of, those in prisons, young offender institutions and immigration detention facilities. They provide independent scrutiny of the conditions for and treatment of prisoners and other detainees, promoting the concept of 'healthy prisons' in which staff work effectively to support prisoners and detainees to reduce reoffending or achieve other agreed outcomes.
HM Chief Inspector of Prisons (HMCIP) is appointed from outside the Prison Service, for a term of five years. The Chief Inspector reports to Ministers on the treatment of prisoners and conditions in prisons in England and Wales.
The Inspectorate’s programme of inspection is based on a mixture of chronology and risk assessment. Full inspections run on a five or three year cycle; all unannounced follow-up inspections run on a risk-assessed basis.
Full inspections
Prison establishments holding adults and young adults are inspected once every five years. Establishments holding juveniles are inspected every three years. This type of inspection lasts for at least one week. The Inspectorate collects information from many sources, including the people who work there, the people who are imprisoned or detained there, and visitors or others with an interest in the establishment. Inspection findings are reported back to the establishment’s managers. Reports are published within 16 weeks of inspection. The establishment is then expected to produce an action plan, based on the recommendations made within the report, within a short period following publication.
Full follow-up inspections
Follow-up inspections are unannounced and proportionate to risk. In full follow-up inspections inspectors assess progress made and undertake in-depth analysis of areas of serious concern identified in the previous full inspection, particularly on safety and respect.
Short follow-up inspections
Short follow-up inspections are also unannounced and conducted where the previous full inspection and our intelligence systems suggest that there are comparatively fewer concerns.
Escort inspections
Three escort inspections are conducted every year.
Pre-inspection visit
One month prior to each full announced inspection, an inspector will visit the establishment to plan the inspection and request a range of preliminary information. In addition, researchers will attend to conduct a confidential survey of a representative proportion of the prisoner population. Results from the prisoner survey are provided for inspectors prior to the inspection and constitute an important source of evidence.
The inspection
All inspections are conducted against the Inspectorate's published inspection criteria, 'Expectations'. Expectations' are based on international human rights standards, as well as Prison Service Orders and Standards, and over all issues considered essential to the safe, respectful and purposeful treatment of offenders in custody and their effective resettlement.
'Expectations' is the document which sets out the detailed criteria HMI Prisons uses to appraise and inspect prisons. These criteria are used to examine every area of prison life, from reception to resettlement, including;
• safer custody
• health services
• good order
• work
• diversity
• resettlement
The concept of a healthy prison is one that was first set out by the World Health Organisation, but it has been developed by this Inspectorate, and is now widely accepted as a definition of what ought to be provided in any custodial environment. It rests upon four key tests:
• safety: prisoners, even the most vulnerable, are held safely
• respect: prisoners are treated with respect for their human dignity
• purposeful activity: prisoners are able, and expected, to engage in activity that is likely to benefit them
• resettlement: prisoners are prepared for release into the community, and helped to reduce the likelihood of reoffending
Post-inspection action
Inspection reports are published within 16 weeks of the inspection. Prior to publication, the Prison Service (or whoever is responsible for the establishment) is invited to correct any factual inaccuracies within the report. The establishment is then expected to produce an action plan, based on the recommendations made in the report, within two months of publication. A progress report on the action plain is produced after a further 12 months.
Click Here for the HMCIP website.
Home Detention Curfew (HDC) More info
An early release scheme whereby a person is released and has to remain in their accommodation during certain hours. An electronic device is usually used to ensure compliance.
Click Here for more information on HDC from the Prisoners' Advice Service.
Click Here for our InsideInformation Factsheet about HDC
Home Leave More info
Before a prisoner is released he/she is often allowed to stay at his or her home for short periods, to re-adjust, before final release.
Hospital Order More info
An order that an offender should be admitted to, and detained in, a specified hospital.
Housing Benefit More info
If you're on a low income, whether you're working or not, and need financial help to pay all or part of your rent, you may be able to get Housing Benefit. Find out more, including who is eligible and how to claim.
Who is eligible?
You may get Housing Benefit if you pay rent and your income and capital (savings and investments) are below a certain level. You could qualify if you are out of work, or in work and earning a wage.
Use the online benefits adviser to get an estimate of the benefits, including Housing Benefit, you may get.
Who isn't eligible?
You can't usually get Housing Benefit if:
> you have savings of over £16,000, unless you are aged 60 or over and getting the '> guarantee credit' of Pension Credit
> you live in the home of a close relative
> you're a full-time student (unless you're disabled or have children)
> you're an asylum seeker or are sponsored to be in the UK
Other restrictions
If you live with a partner or civil partner only one of you can get Housing Benefit.
If you're single and aged under 25 you can only get Housing Benefit for bed-sit accommodation or one room in shared accommodation.
How to check eligibility
If you think you may be eligible for Housing Benefit, Click Here and enter details of where you live and you will then be taken to your local authority website where you can find out more.
Information reproduced courtesy of DirectGov
Click Here for more information
HRA - Human Rights Act 1998 More info
The European Convention on Human Rights as passed into English Law in 1998 with The Human Rights Act.
HRP - Healthy Relationships Programme More info
The HRP programme is designed for men who have either been convicted of, or admit to, abusive and violent behaviour in the home and who have been assessed as a risk of being violent in their intimate relationships.
Click Here for the HMPS website.
Hypnosis More info
The police will sometimes arrange for a witness to be hypnotised in the hope that he or she will recall further details under hypnosis.
Information obtained under hypnosis should always be treated with great caution. There is a strong likelihood that evidence obtained under hypnosis will be unreliable and inadmissible in criminal proceedings.
A person who has been hypnotised should only be called as witness in exceptional circumstances.
Information obtained under hypnosis may be true or false. The technical term for false information is "confabulation". It is impossible to distinguish between the truth and confabulation unless there is independent evidence confirming the information.
A person under hypnosis may be subject to "cueing". This means:
explicit or implicit suggestion by the hypnotist;
something said long before the session;
something that the witness just happened to be thinking about;
a fantasy of the witness.
During hypnosis these can become fixed as facts in the mind of the subject. There is no reliable means of guarding against this happening.
The information above is reproduced courtesy of CPS
Click Here for more information
I
ICAS - Independent Complaints Advocacy Service More info
The Independent Complaints Advocacy Service (ICAS) supports patients and their carers wishing to pursue a complaint about their NHS treatment or care. This statutory service was launched on 1 September 2003 and provides a national service delivered to agreed quality standards.
Contact Numbers:
London: 0845 120 3784
South East: 0845 600 8616
Bedfordshire and Hertfordshire: 0845 456 1082
Cambridgeshire, Norfolk and Suffolk: 0845 456 1084
Essex: 0845 456 1083
South West: 0845 120 3782
West Midlands: 0845 120 3748
East Midlands: 0300 456 8347
North East: 0300 456 8348
North West: 0300 456 8350
Yorkshire and Humberside: 0300 456 8349
ID - Identification More info
Persons visiting prisons must provide accepted identification so the prison can be sure they are who they say they are. This is usually a photographic document such as a Driving Licence or Passport, plus a current domestic bill which shows the address.
IDTS - Integrated Drug Treatment System More info
IDTS is an initiative that aims to radically improve the clinical and psychosocial drug treatment services offered within prisons and ensure that professionals work together on the coordination of care. Clinical interventions are supported by a range of intensive psychosocial programmes delivered by prison CARAT teams. The IDTS approach also focuses upon providing continuity of treatment between communities and prisons and the planning and commissioning is therefore located within the local CDRP/DAT Partnership.
The key aims of IDTS are to:
Integrate drug treatment provided by prison healthcare with those services provided by CARATS
Increase the availability, consistency and quality of these services
Provide a 28-day structured care package of psychosocial support for prisoners with problematic drug use
Diversify the range of treatment options available to those in prisons
Ensure compliance with the latest national Clinical Guidelines and NICE recommendations
Strengthen continuity of care for drug users entering, moving between and exiting prisons
Raise the standards to NTA Models of Care levels to ensure that, following triage and comprehensive assessment, a range of fully coordinated and structured services is available
Strengthen links to community services including Primary Care Trusts, criminal justice integrated teams (CJITs), and drug treatment providers.
Click Here for more information.
A new PSI has just been published concerning IDTS:
PSI 2010-045 - integrated drug treatment system
IDU - Intravenous Drug User More info
A person who uses drugs by injecting them.
IG - Instructions to Governors More info
Short 'memos' sent to governors with mandatory instructions (ie instructions or orders which MUST be complied with).
IG 54/94 (Schedule 1 of Children and Young Persons Act 1933) More info
Contains instructions used to identify potential Vulnerable Prisoners (Rule 45) and/or potential risk to the public via telephone, correspondence and visits.
Click Here to download the Children and Young Persons Act 1933.
Ignorantia Juris non excusat More info
Ignorance of the law is no excuse.
If committing an offence a guilty party cannot use as a defence the fact that they did so without knowledge that they were breaking the law.
IMR - Inmate Medical Record More info
A prisoners' medical file, as held by the prison. This is a confidential document.
Click Here for information about confidentiality and IMRs.
In Camera More info
Any process, including a trial, which is conducted in private - without the public or press present - is said to be 'in-camera'.
In Chambers More info
A hearing, in private, which doesn't form part of the trial.
In Curia More info
The hearing of a case before a court sitting in public.
In Possession Medication More info
Medicines that a prisoner may keep in his or her possession - rather than being issued, as required, by healthcare staff.
Click Here to download an NHS report looking at In-Possession Medication.
In Situ More info
In its original situation.
Incentive and Earned Privileges (IEP) More info
A system that is supposed to reward good behaviour with extra privileges and deter bad behaviour by their withdrawal; Usually three tiers; Basic, Standard and Enhanced. The IEP level may affect whether a prisoner wears his own clothing (female prisoners can always wear their own clothing), how much they may earn and how many visits (or length of visit) they may have.
Click Here to download PSO4000 which details the IEP Scheme.
Click Here for our InsideInformation Factsheet on IEP
Inchoate offences More info
There are instances where a substantive offence may not have come to completion but nevertheless an offence has been committed because of the actions or agreements in preparation for the substantive offence.
Click Here for more information
Incitement More info
The offence of incitement occurs when a person seeks to persuade another to commit a criminal offence. A person is guilty of incitement to commit an offence or offences if:
S/he incites another to do or cause to be done an act or acts which, if done, will involve the commission of an offence or offences by the other; and s/he intends or believes that the other, if he acts as incited, shall or will do so with the fault required for the offence(s) (R v Claydon [2006] 1 Cr.App.R. 20) (see further Archbold 34-70). It is not a defence to a charge of incitement that the other person, for whatever reason, does not commit the offence, or commits a different offence to that incited.
The prosecution must show that the person accused of incitement intended or believed that the person incited would, if acted as incited to do so, do so with the mens rea appropriate to the offence.
Incitement is usually a common law offence but there are some instances where statute has created the offence: e.g., section 19 Misuse of Drugs Act 1971.
Where a person has been charged with incitement, the venue for trial is the same as for the offence incited. Therefore, incitement to commit a summary offence is only triable summarily and incitement to commit an indictable only offence may only be tried on indictment.
Reproduced courtesy of CPS
Click Here for more information
Income Support More info
Income Support is extra money to help people on a low income. It’s for people who don't have to sign on as unemployed. Whether you qualify or not and how much you get depends on your circumstances. Find out more, including who can get it.
Who can get Income Support
It's for people who all the following apply to:
> are between age 16 and the age they can get Pension Credit
> have a low income
> work less than 16 hours a week
> aren't in full-time study (but there are some exceptions)
> don't get Jobseeker's Allowance or Employment and Support Allowance
> don't have savings above £16,000
> live in Great Britain
You may get Income Support if you are one of the following:
> a lone parent
> on parental or paternity leave
> a carer
> a refugee learning English who arrived less than a year ago
Young people in relevant education may also get Income Support. Generally this means full-time education up to GCE A-level or Scottish Certificate of Education (Higher level). This might apply if you:
> are a lone parent
> don't live with a parent or someone acting as a parent
> are at serious risk of abuse or violence
> are a refugee learning English
> You can get Income Support as well as some other benefits.
Contact Jobcentre Plus to find out more.
Information from DirectGov
Click Here for more information
IND - Immigration and Nationality Directorate More info
The department responsible for regulation of entry to and settlement in the UK. It is now the UK Border Agency.
Independent Monitoring Board (IMB) More info
By law every prison and immigration removal centre must have an Independent Monitoring Board. IMBs in prisons derive their responsibilities from the Prison Act 1952 (Section 6).
IMBs were known as ‘Boards of Visitors’ and are still referred to in the legislation under their old titles, although this is likely to change in the near future.
The principle of independent monitoring of prisons is one that has been around since Tudor times, although the IMBs of today are very different to those that existed in the past.
The Independent Monitoring Board is made up of independent and unpaid volunteers from the local area. They monitor the day-to-day life the prison and ensure that proper standards of care and decency are maintained. Members have unrestricted access to all areas of the prison at all times and can talk to any prisoner they wish to, out of sight and hearing of a members of staff.
If a prisoner has an issue that they have been unable to resolve through the usual internal channels, they can place a confidential request to see a member of the IMB. Problems might include concerns over lost property, visits from family or friends, special religious or cultural requirements, or even serious allegations such as bullying. In addition, if something serious happens at the prison, for example a riot or a death in custody, IMB members may be called in to attend and observe the way in which it is handled.
The IMB meets regularly, usually once per month, and has an elected Chair and Vice Chair. Members work together as a team to raise any matters of concern and to keep an independent eye on the prison.
Click Here to open the IMB website.
Independent Reviewing Officer (IRO) More info
The appointment of an IRO is a legal requirement under section 118 of the Adoption and Children Act 2002. IROs are responsible for monitoring a looked after child’s case on an ongoing basis and to independently monitor the performance of a local authority in relation to a child’s case. They must chair the reviews of a looked after child and ensure that his/her wishes are given full consideration.
Indeterminate Sentences More info
These include life sentences (Mandatory Life, Discretionary Life, Automatic Life and Her Majesty's Pleasure detainees) and prisoners given indeterminate sentences for public protection (IPP). They normally have a 'Tariff', the 'punishment' part of the sentence but do not have a definate release date. Release is normally recommended by the Parole Board when it thinks the prisoner no longer poses a threat to the public.
Indictable Offence More info
A criminal offence triable only by the Crown Court. The different types of offence are classified 1, 2, 3 or 4. Murder is a class 1 offence
.
Indictment - Form F5088 More info
This is a record of the charge(s) and the law(s) which the prisoner comes under.
Indirect Mediation More info
Also known as Shuttle Mediation. Where perpetrator and victim do not wish to meet face to face a Facilitator 'shuttles' between them to try to reach an agreement.
Induction More info
Programme of classes and activities during first few weeks a prisoner is in a prison, whether newly convicted or transferred. During this time the prison may want to carry out assessments on the prisoner.
This is covered by PSO0550 and PSO0200 Operating Standard 42.
Injunction More info
A court order prohibiting a person from doing something or requiring a person to do something.
Insiders (also called 'Buddies') More info
‘Insiders’ is a peer support scheme targeted at reception. Prisoners are trained to provide information, advice and assistance to new prisoners during the first few days of custody. These schemes are intended to complement Listeners, by reducing the stress of entry into prison – but not to provide specialist peer support. Insiders do not work under a code of confidentiality, and they can inform staff if they have concerns about something a prisoner has told them.
The following is an extract from PSO2700
During 2002, this type of peer support scheme was piloted in eight and evaluated in six establishments. The evaluation demonstrated that the scheme had a positive impact on prisoners’ early experience of custody. The scheme adapted to different types of establishments with differing functions, facilities and populations. Those where the Insiders had been fully integrated into the everyday procedures tended to operate more smoothly. With staff and Insider commitment, projects functioned successfully in reception. Schemes were also piloted on the induction/first night units as well as in reception; these schemes tended to allow Insiders greater flexibility to work round time, staffing, population and environmental restraints than those based in reception.
Prisoners who took on the role found it personally rewarding and were keen to own and manage the day to day issues themselves. Everyone who was interviewed during the evaluation said that they would recommend rolling out the scheme to other establishments, in particular the higher risk locals. The evaluation of the young person scheme, which was very positive, was completed before the rest of the pilots and in the light of this the scheme has been introduced at a number of other young person establishments. Staff who piloted the scheme, Safer Custody Group particularly recommends setting up such a scheme in local, high risk establishments.
The Insiders scheme involves the training of selected prisoner volunteers to provide basic information and reassurance to new receptions shortly after their arrival in prison. In many establishments this role is currently being carried out by Listeners and it is intended that the development of a specialist Insiders scheme to carry out this function, particularly in high risk locals, will release Listeners to focus on providing confidential emotional support to prisoners in distress.
The first days in custody in custody are particularly distressing for many prisoners, particularly those new to the prison system, and it is hoped that the Insiders scheme will help reduce the anxiety experienced by them. This early period is also high risk in terms of suicide; it is hoped that providing a peer support scheme where prisoners are trained to help others at this high-risk period will contribute to the wider suicide prevention strategy.
The Insiders initiative has two key aims:
· to offer reassurance to new prisoners
· to provide them with key information, which will be useful to them in their early in custody.
It is clearly distinguished from Listener schemes in terms of objectives, function and operation. Insiders are not expected, nor equipped to provide emotional support and do not operate under the principle of confidentiality.
Instrument More info
A formal legal document.
Inter Alia More info
Indicates that the details given are only an extract from the whole.
Interlocutory More info
Interim, pending a full order/decision, e.g. interlocutory judgment for damages pending further hearing to assess amount to be awarded and entered as final judgment.
Intermediary More info
A person who asks a witness (particularly a child) questions posed by the cross-examining legal representative.
Intervention (or Constructive Intervention) More info
Work with a prisoner or ex-prisoner which is designed to change their offending behaviour and to support public protection.
Intra Vires More info
An act that falls within the Jurisdiction of the Court.
IP - In Possession More info
Either a description of property a prisoner keeps with him/her, or a list of items a prisoner is allowed 'in possession' (ie. in their cell) or room.
IPP - Imprisonment for Public Protection More info
IPP is an indeterminate sentence for people whose offences are not serious enough for life imprisonment, but are considered by the court to be potentially dangerous. IPP prisoners can only be released when the Parole Board is satisfied they no longer pose a risk to the public. The prisoner is expected to demonstrate that their supposed risk has been reduced - this is done through prison based courses identified on their Sentence Plan.
PSO4700 - Chapter 1 deals with IPP sentences
PSI2008-007 Initial Categorisation Of Male Indeterminate Sentence Prisoners
Click Here to download the PRT booklet for IPP prisoners
Click Here to download information on IPP from Prisoners' Advice Service
Click Here for information on Life & IPP sentences from the Prison Service
Click Here for information about IPP and failure to provide 'Course'. (Irwin Mitchell Sol,).
Ipso Facto More info
The reliance upon facts that together prove a point.
IQRA Trust More info
The IQRA Trust works to promote a better understanding of the needs of Muslim prisoners in British prisons by supporting prison-imams, and organising cultural awareness events for prison staff.
Click Here for more information
IRC - Immigration Removal Centre More info
Establishments where people are held prior to deportation. They are not prisons but generally run on similar lines. They are the responsibility of the UK Border Agency. Three, Dover, Haslar and Lindholme are run by HM Prison Service, others are either managed by the UKBA or contracted out to private companies.
Click Here for a list of Removal and Holding Centres.
ISO - Individual Support Order More info
ISOs are court orders only available for 10-17 year olds which can be attached to 'stand alone' ASBOs and impose positive conditions on the young person to address the underlying causes of the behaviour that led to the ASBO.
An ISO may last up to six months and can require a young person to attend up to two sessions a week under the supervision of the youth offending team (YOT).
Breach of an ISO is a criminal offence which may be punished by way of a financial penalty.
Information from the Youth Justice Board
ISSP - Intensive Supervision and Surveillance Programme More info
ISSP is the most rigorous, non custodial intervention available for young offenders.
Click Here for more information.
J
JETS Living Skills More info
The JETS Living Skills programme is based on the ETS cognitive skills programme but has been specifically re-developed for use with a juvenile age group.
Click Here to go to the HMPS website on Offending Behaviour Programmes.
Jobseeker's Allowance More info
Jobseeker’s Allowance is the main benefit for people of working age who are out of work or work less than 16 hours a week on average. If you're eligible, it is paid while you're looking for work. Find out more information including how to apply online.
Who can get Jobseeker's Allowance?
To get Jobseeker's Allowance you must be:
> available for and actively seeking work
> between 18 and State Pension age
> working less than 16 hours per week on average
Jobseeker's Allowance isn't normally paid to 16 or 17 year olds, except in special cases.
If you’re a man aged 60 to 64, you may be better off claiming Pension Credit. Contact Jobcentre Plus for advice.
How it works
There are two types of Jobseeker's Allowance, 'contribution-based Jobseeker's Allowance' and 'income-based Jobseeker's Allowance'.
Contribution-based Jobseeker's Allowance
Jobcentre Plus can pay this for up to 182 days. It’s based on how much National Insurance you have paid in the last two tax years. Generally, self-employed contributions will not help you qualify for contribution-based Jobseeker’s Allowance.
Income-based Jobseeker's Allowance
This is based on your income and savings. You may get this if you have not paid enough National Insurance contributions (NICs) (or you've only paid contributions for self-employment) and you're on a low income.
How to claim
If you’ve claimed before
If you have stopped getting Jobseeker’s Allowance in the last 26 weeks and want to claim the same type again, call Jobcentre Plus on 0800 055 6688.
Claim online
Call Jobcentre Plus on 0800 055 6688.
There's a Welsh language line on 0800 012 1888, and a textphone 0800 023 4888 if you find it hard to speak or hear clearly.
Lines are open Monday to Friday from 8.00 am to 6.00 pm.
Jobseeker's Allowance payments
Jobseeker's Allowance is paid at the end of every fortnight. It's paid straight into your bank or building society account. This is the best way to get your benefit because you can choose how and when to take your money out of your account.
If you get an occupational or personal pension, it may affect the amount of benefit you get.
Click Here for more information
JR - Judges' Remand More info
A prisoner who is convicted but awaiting sentence (eg waiting for pre-sentence reports etc).
Click Here for information from 'Prisoners' Families Helpline' about "Judges' Remand".
JR - Judicial Review More info
Judicial review is a type of court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body.
In other words, judicial reviews are a challenge to the way in which a decision has been made, rather than the rights and wrongs of the conclusion reached.
It is not really concerned with the conclusions of that process and whether those were 'right', as long as the right procedures have been followed. The court will not substitute what it thinks is the 'correct' decision.
This may mean that the public body will be able to make the same decision again, so long as it does so in a lawful way.
If you want to argue that a decision was incorrect, judicial review may not be best for you. There are alternative remedies, such as appealing against the decision to a higher court.
Examples of the types of decision which may fall within the range of judicial review include:
•Decisions of local authorities in the exercise of their duties to provide various welfare benefits and special education for children in need of such education;
•Certain decisions of the immigration authorities and Immigration Appellate Authority;
•Decisions of regulatory bodies;
•Decisions relating to prisoner's rights.
Information courtyesy of 'Judicial Communications Office'
Click Here for our InsideInformation Factsheet on Judicial Reviews
InsideTime
Click Here to read an article from Inside Time on this subject
Keith Rose offers a route down which prisoners might consider going in order to prepare their own Judicial Review
By Keith Rose, from insidetime; June 2010
Judgment set aside More info
A judgment or order can be set aside (made void) at the request of a party to the case in certain circumstances, for example if they were too ill to attend court on the day of the judgment.
Junior Counsel More info
A member of the bar: the branch of the legal profession which has rights of audience before all Courts.
Jurat More info
A statement contained at the conclusion of an affidavit which states the name of the person giving the evidence, the name of the person before whom and the place where the oath or affirmation was taken.
Jury Vetting More info
Article 6(1) ECHR requires trial by an independent and impartial tribunal.
The principles which are generally to be observed are:
Members of a jury should be selected at random from the panel, subject to any rule of law as to right of challenge by the defence;
The Juries Act 1974 and the Juries (Disqualification) Act 1984 identify those classes of person who alone are disqualified from or ineligible for service on a jury. No other class of persons may be treated as disqualified or ineligible;
The correct way for the Crown to seek to exclude a member of the panel from sitting as a juror is by the exercise in open court of the right to request a stand by or challenge for cause. The parties to any jury trial may inspect a copy of the panel from which the jury in their trial will be chosen, in order to:
enable the parties to inquire about members of the panel;
decide whether any should be challenged
There are 2 types of jury vetting (checks):
A criminal records office (CRO) check in accordance with Home Office Circular 43/1988 (random check) or the Annex to the Attorney General's Guidelines on Jury Checks 88 Cr App R123 at 125 (specific check);
An "authorised jury check" which may involve a CRO check, Special Branch records check and sometimes a Security Services check. An "authorised jury check" can only be authorised by the Attorney General in accordance with the Attorney General's Guidelines on Jury Checks. 88 Cr App R 123 at 124
Reproduced by courtesy of CPS
Click Here for more information
Justice of the Peace (JP) More info
A magistrate, either a lay justice, or a District Judge (Magistrates’ Courts).
Justices’ Clerk More info
A post in the magistrates’ court of person who has various powers and duties including giving advice to the magistrates on law and procedure.
Juvenile Estate More info
All secure accommodation for juveniles in the UK, including YOIs. Many of these are run by local authorities.
Click Here for more information from HMPS.
Juveniles More info
This term applies to prisoners under the age of 18 and/or those prisoners serving a DTO (Detention and Training Order).
K
Kainos More info
Kainos Prison Communities offer prisoners therapeutic offending behaviour interventions, supportive community living and social development.
Click Here for more information.
Key Skills More info
Key Skills are the essential skills that everyone needs to succeed in education and training, in work and in life in general.
KPI - Key Performance Indicator More info
Prisons have targets set for various aspects of their work and are then assessed on how well the targets have been met.
L
Landing More info
Prisons have houseblock or wings; these often have several floors; each floor is a landing. Thus the 2nd floor landing is often referred to as "The 2's".
LASCH - Local Authority Secure Children's Homes More info
Local Authority Secure Children’s Homes provide secure accommodation for children who have been through the criminal justice system and those who are placed there for welfare reasons.
Click Here for more information.
Lay representative More info
A person, not legally qualified, who accompanies another during a court hearing. The person may be a colleague, friend or spouse.
LBBs - Locks, Bars and Bolts More info
A daily check by prison officers that the security of a cell is OK. It is not a search but merely a fabric check.
For more detailed information please see 'Fabric Check' or refer to to PSI 2011-028.
Leading junior counsel More info
A senior barrister who deals with more serious cases, but not a QC.
Leave of the Court More info
Permission granted by the court.
Leave to Appeal More info
Permission granted to appeal the decision of a court.
Legal Ombudsman More info
The Legal Ombudsman for England and Wales was set up by the Office for Legal Complaints (the Board) under the Legal Services Act 2007.
The Ombudsman resolves legal complaints in a fair and independent way - the Ombudsman does not take sides, is not a consumer champion or part of the legal profession, but is independent of Government.
The Ombudsman provides free services to all members of the public, very small businesses, charities, clubs and trusts.
The Legal Ombudsman handles complaints about legal services including:
- Wills
- Personal injury
- Intellectual property
- Criminal law
- Civil litigation
- Immigration
-
Employment issues
Legal Services Commission More info
The Legal Services Commission (LSC) look after legal aid in England and Wales which is supposed to safeguard society's most vulnerable and disadvantaged people.
Legal aid his supposed to ensure access to justice by providing high quality advice, information and representation to people who would not otherwise be able to afford it.
Legal Visit More info
A visit to a prisoner by one or more of his or her legal team. These visits are in sight of, but out of the hearing, of staff; and usually in special rooms.
Good practice for Legal Visits is set out in PSI2007-41.
Letter of Request More info
A letter issued to a foreign court asking a judge to take the evidence of a person within that court’s jurisdiction.
Licence Expiry Date (LED) More info
The date on which compulsory supervision ends for those prisoners released under the provisions of the Criminal Justice Act 1991. It applies to prisoners serving 12 months and over. It will normally be at the three-quarters point but run to the end of the sentence for sex offenders if ordered by the sentencing court under Section 44 of the CJA 1991. The licence expiry point for those due to be released from a Standard Determinate Sentence under the provisions of the CJA 2003 will always be the end of sentence.
There are a number of PSOs which deal with aspects of release and licence. Please refer to our Rules and Regulations section and search PSOs under the category 'Licence'.
Click Here for our InsideInformation Factsheet on LED/SED
Life Licence More info
Most prisoners serving an ‘Indeterminate Sentence’ - known as ‘lifers’ will have a Tariff, which is the minimum term to be served (called the punishment part of the sentence). After the Tariff is passed the Parole Board can recommend their release. If released they have a ‘Licence’ which is, basically, a list of rules they must comply to. If they break any of the rules they can be Recalled to prison. The licence normally runs for the rest of their life.
Life Sentence More info
A Life Sentence basically means imprisonment for life but very few prisoners have actually been told they will never be released. A life sentence always has a Tariff which is the time in prison imposed as a punishment. After the Tariff has expired the Parole Board may recommend a prisoners release but this will be with a ‘Life Licence’ which, if broken, can mean an immediate Recall to prison. A Life Sentenced prisoner is under threat of Recall for the rest of their life.
Lifer Unit (LU ) More info
Formerly Lifer Management Unit. Oversees the management and movement of lifers between prisons through their sentence.
Click Here for more information on Life Sentences.
Limitation Period More info
The period within which a person who has a right to claim against another person must start court proceedings to establish that right. The expiry of the period may be a defence to the claim.
Listeners More info
These are prisoners selected and trained by the Samaritans who support other prisoners in times of stress and need.
Litigant in person More info
A person who starts or defends a case without legal representation. Such a person is entitled to be accompanied by another person who may advise them, but may not address the court.
LLO - Lifer Liaison Officer More info
The specific prison officer within a prison who deals with lifer issues.
LMU - Lifer Management Unit More info
A section at Prison Headquarters (Abell House) who deal with Life Sentence Prisoners.
Click Here to look up which teams work with which prisoners.
LOA - Loss of Association More info
One of the punishments available to Adjudicating Governors whereby a prisoner loses his or her 'Association' for a set period (they still have access to telephones, showers, gym, chapel, exercise and work/education).
More information is available in PSO2000 (Discipline Manual).
Local Housing Allowance More info
If you are a private tenant renting property or room from a private landlord and you are on a low income, you may be able to claim and receive Local Housing Allowance. Find out more, including how it's paid.
What is the Local Housing Allowance?
If you are renting a property or room from a private landlord, the Local Housing Allowance is used to work out how much Housing Benefit you get.
If you have been getting Housing Benefit since before 7 April 2008 the Local Housing Allowance will only apply to you if you:
> change address
> have a break in your claim
With the Local Housing Allowance, your Housing Benefit is worked out according to where you live and who lives with you. Local Housing Allowance rates are set for different types of accommodation in each area. The rates range from a single room in a shared house up to properties with five bedrooms.
How Local Housing Allowance rates are calculated
Local Housing Allowance rates are calculated each month for individual areas, known as Broad Market Rental Areas.
The Local Housing Allowance rate for each property size is based on the 'middle of the range' rental figure for the area. Exactly half of the rental properties of that size in the area will be affordable if you claim Housing Benefit under the Local Housing Allowance rules.
Where the rates are published
Local Housing Allowance rates are published at the end of each month for the following month. For example, the April rates will be made available at the end of March. You can check these locally on your local council's website or by visiting the Local Housing Allowance Direct website.
This will tell you how much help with your rent you might get before you find somewhere to live, making it easier for you to decide what property you can afford.
Information reproduced courtesy of DirectGov
Click Here for more information
Local Inmate Data System (LIDS) More info
A computer system used throughout the prison containing all a prisoner's records.
Lock Down More info
The process of locking inmates in their cells, either as part of the daily routine or if an incident is taking place.
Long-Term Prisoner More info
Any prisoner serving a sentence of 4 years or more.
Click Here for information about Throughcare for long-term prisoners in Scotland.
Looked After Children More info
The term ‘looked after child’ was introduced by the Children Act 1989 and refers to children who are subject to care orders and those who are accommodated by the local authority by voluntary agreement.
The main reason children become looked after is abuse or neglect, accounting for 61% of looked after children. A person may abuse a child by inflicting physical, emotional or sexual harm or by failing to act to prevent harm. Neglect is the persistent failure to meet a child’s basic physical and/or psychological needs. Family dysfunction represents the
second largest category of looked after children, at 12%.
There are two main routes by which a child can become looked after.
The first is when children are subject to a care order in which a court places a child compulsorily into the care of a designated local authority under section 31 of the 1989 Act. The court may only make a care order if it is satisfied that the child is suffering, or likely to suffer, significant harm attributable to the care given or likely to be given. Under a care order, the local authority assumes parental responsibility for the child and will provide him/her with accommodation and care. The local authority is responsible for the child’s welfare while the care order is in place.
The second route refers to section 20 of the 1989 Act in which a child is provided with accommodation by the local authority on a voluntary basis as a result of parental or, if over 16, the young person’s agreement. Although the local authority will undertake day to day care duties for the child, parental responsibility remains with the child’s parents who can remove the child from care at any time.8 The local authority must work with the child and their parents to make joint decisions about the child’s care.
Acknowlegements: HMCIP
LoR – Likelihood of Re-offending More info
A term used by Probation Services in relation to their work with released prisoners. It is their measure of whether a client is likely to commit another offence.
Click Here for a research study into re-offending.
Lord Chief Justice More info
Senior judge of the Court of Appeal (Criminal Division) who also heads the Queens Bench Division of the High Court of Justice).
Low Supervision More info
In Scotland, the lowest ‘category’ of prisoner, defined as ‘an individual for whom activities and movements, specified locally, are subject to minimum supervision and restrictions. Low Supervision prisoners may be entitled to release on temporary licence and unsupervised activities in the community.
LPR - Lifer Parole Review More info
All life sentence prisoners are entitled to a Parole Board review shortly before the expiry of the minimum term of imprisonment (often referred to as the “tariff”) expires.
Click Here for more information about Life Sentences.
Click Here for more information.
Click Here for our InsideInformation Factsheet about Lifer Reviews
LRU - Lifer Review Unit More info
A section of the prison Service which monitors the progression of life sentence prisoners.
Click Here for our InsideInformation Factsheet about Lifer Reviews
M
Magistrate More info
In England and Wales, magistrates, also known as Justices of the Peace (JPs), hear prosecutions for 'summary offences' and some 'triable-either-way offences'. Magistrates can pass 'either-way' offenders to the Crown Court for sentencing. There are two types of magistrate in England and Wales; Justices of the Peace and District Judges (formerly known as stipendiary magistrates) who are permanently employed by the Ministry of Justice.
JPs sit voluntarily, apart from allowances. No formal qualifications are required and they are appointed to sit at their local court (normally in groups of three). Most are members of the Magistrates' Association, which provides advice, training and representation.
Magistrates Court More info
A Court where criminal proceedings are commenced before justices of the peace who examine the evidence/statements and either deal with the case themselves or commit to the Crown Court for trial or sentence. Also has jurisdiction in a range of civil matters.
Maladminstration More info
Maladministration is administration that leads to injustice because of such factors as excessive delay, bias or arbitrary decision-making.
Mandatory Life Sentences More info
This is the only sentence that can be imposed on anyone over the age of 21 who is convicted of murder.
Detention during Her Majesty's Pleasure is the mandatory sentence for a person convicted of murder who was aged 10 or over but under 18 at the time of the offence.
Custody for Life is the mandatory sentence for a person aged 18 or over but under 21 at the time of the offence who is convicted of murder and sentenced while under 21.
Mandatory Order More info
An order from the Divisional Court of the Queen’s Bench Division ordering a body (such as a magistrates’ court) to do something (such as rehear a case).
MAPPA - Multi-Agency Public Protection Arrangements More info
The MAPPA began operating in April 2001. This body places a duty on the police and the National Probation Service to assess and manage risks posed by ex-prisoners in every community in England and Wales.
The MAPPA framework identifies the three separate but connected levels at which risk is assessed and managed:
Level 1 - Ordinary risk management, low/medium risk cases which are usually managed by a single agency;
Level 2 - Local inter-agency management, high risk cases requiring the active involvement of more than one agency;
Level 3 - Multi-Agency Public Protection Panels (MAPPPs), high/very high level of risk, cases assessed as being high/very high risk of causing serious harm or highly likely to be subject to media scrutiny and/or public interest.
PSO4745 is the PSO which deals with MAPPA.
Click Here for more information about MAPPA.
Click Here for a further list of links from the Ministry of Justice.
Click Here for our InsideInformation Factsheet about MAPPA
MDT - Mandatory Drug Testing More info
Under Prison Rule 51 (9) a prisoner can be required to provided a sample (usually urine) to be tested for drugs. Refusal is a disciplinary offence.
Click Here to download PSO3061 which details MDT procedures.
Click Here to download Home Office study into effects of MDT in prisons.
Click Here for University of Central England in Birmingham report on MDT in prisons
Click Here to download the Russell Judgement.
Click Here for our InsideInformation Factsheet about MDT
Mediation More info
A face-to-face process whereby an impartial 'third person' tries to help two or more parties resolve a dispute or conflict.
Medium Supervision More info
In Scotland, the middle ‘category’ of prisoners, defined as ‘an individual for whom activities and movements are subject to locally specified limited supervision and restrictions.
Mens Rea More info
The intention to commit an offence whilst knowing it to be wrong.
Mental Health Act 1983 More info
This is an Act which applies to people in England and Wales. It covers the reception, care and treatment of mentally disordered persons, the management of their property and other related matters. In particular, it provides the legislation by which people diagnosed with a mental disorder can be detained in hospital or police custody and have their disorder assessed or treated against their wishes, unofficially known as ‘sectioning’. Its use is reviewed and regulated by the Care Quality Commission. The Act has been significantly amended by the Mental Health Act 2007.
Mental Health Act 2007 More info
The Mental Health Act 2007 amends the Mental Health Act 1983 and the Mental Capacity Act 2005 and applies to people in England and WalesIt introduces significant changes which include:
- Introduction of Supervised Community Treatment. This new power replaces supervised discharge with a power to return the patient to hospital, where the person may be forcibly medicated, if the medication regime is not being complied with in the community.
- Redefining professional roles: broadening the range of mental health professionals who can be responsible for the treatment of patients without their consent.
- Nearest relative: making it possible for some patients to appoint a civil partner as nearest relative.
- Definition of mental disorder: introduce a new definition of mental disorder throughout the Act, abolishing previous categories
- Criteria for Involuntary commitment: introduce a requirement that someone cannot be detained for treatment unless appropriate treatment is available and remove the treatability test.
- Mental Health Review Tribunal (MHRT): improve patient safeguards by taking an order-making power which will allow the current time limit to be varied and for automatic referral by hospital managers to the MHRT.
- Introduction of independent mental health advocates (IMHAs) for 'qualifying patients'.
- Electroconvulsive Therapy may not be given to a patient who has capacity to refuse consent to it, and may only be given to an incapacitated patient where it does not conflict with any advance directive, decision of a donee or deputy or decision of the Court of Protection.
Mental Health Tribunal More info
The jurisdiction is part of the First-tier-Tribunal, Health, Education and Social Care Chamber. The judges and members are appointed by the Lord Chancellor. The jurisdiction covers the whole of England.
The jurisdiction is administered by Her Majesty’s Courts and Tribunals Service and the jurisdiction’s administration is undertaken by the Secretariat offices based in Leicester. All Secretariat staff are civil servants and are completely independent of the hospital authorities.
The Chamber President and his senior judicial management team work closely with the Secretariat to manage the jurisdiction.
There is a separate Mental Health Tribunal for Wales, which is administered and based in Cardiff and a separate Mental Health Review Tribunal for Scotland.
The Welsh Assembly has similar responsibilities for Tribunals in Wales and administration is carried out at the Secretariat office in Cardiff.
The First–tier Tribunal (Mental Health) hears applications and references for people detained under the Mental Health Act 1983 (as amended by the Mental Health Act 2007) or living in the community following the making of a conditional discharge, or a community treatment or guardianship order.
The Tribunal is an independent judicial body that operates under the provisions of the Mental Health Act 1983 (as amended by the Mental Health Act 2007).
Their main purpose is to review the cases of patients detained under the Mental Health Act and to direct the discharge of any patients where the statutory criteria for detention are not met. This involves making a balanced judgment on a number of issues such as:
- the patient’s diagnosis and the need for medical treatment;
- the freedom of the individual;
- the protection of the public and
- the best interests of the patient
Tribunal hearings are normally held in private and take place in the hospital where the patient is or used to be detained or a convenient community unit.
The Tribunal’s principal powers are:
- to discharge a detained patient from hospital immediately or after a short further period of detention. In some cases, the discharge will be conditional;
- with a view to discharge on a future date, to recommend leave of absence, or recommend transfer to another hospital;
- to recommend that the patient’s Responsible Clinician consider making a Community Treatment Order.
The Tribunal may reconvene and rehear a case if there is a failure to comply with their recommendations.
Appeals against the panel's decisions go to the Upper Tribunal, Administrative Appeals Chamber.
Minor More info
Someone below 18 years of age and unable to sue or be sued without representation, other than for wages. A minor sues by a next friend and defends by a guardian.
Mitigation More info
Mitigation is where a person provides a statement detailing circumstances that they say may have lead to the offence or the way they behaved and asking for this to be taken into consideration when deciding the case or punishment. Examples of mitigation could be, for example, the person’s state of mind or actions by a third party.
Money Payment Supervision Order (MPSO) More info
Youth and adult magistrates’ courts may enforce monetary penalties by appointing a member of the Probation Service (or other person) to supervise the offender.
Mother and Baby Unit More info
Part of a women's prison where young babies can remain with their mothers until they are nine or 18 months old. There are seven mother and baby units in the UK. A prisoner must make a special application to enter a mother and baby unit. If she is refused, she will not be able to keep her baby with her in prison.
Multi-Faith Room More info
A special room within the Chapel area which can be used for worship or study by any faith.
Mutatis Mutandis More info
Denotes that instructions should not be followed verbatim but by amending where necessary.
N
NACRO - National Association for the Care and Resettlement of Offenders More info
A charity which campaigns for better conditions for prisoners and also has projects to help them whilst in prison and after release.
Click Here to open the NACRO website.
National Ballistics Intelligence Service (NABIS) More info
Launched in 2008 this is the U.K.'s intelligence service dedicated to managing and providing detailed information regarding firearm-related crime. The service uses a database to store ballistics information about police cases involving firearms and maintain it for future use and reference. It has facilities to test and analyse firearms evidence to help link it with other cases.
National Domestic Extremism Team (NDET) More info
This is a UK police unit set up to tackle domestic extremism. The team co-ordinates operations and investigations nationally, working with the Crown Prosecution Service which has set up a complementary network of prosecutors with specialist expertise in domestic extremism.
National Minimum Wage More info
The National Minimum Wage (NMW) is a minimum amount per hour that most workers in the UK are entitled to be paid. If you are being paid below the NMW you can contact the Pay and Work Rights Helpline for confidential help.
For confidential help and advice on the NMW call 0800 917 2368
Most workers in the UK over compulsory school leaving age are legally entitled to be paid at least the NMW and all employers have to pay it to you if you are entitled to it. It makes no difference:
> if you are paid weekly or monthly, by cheque, in cash or in another way
> if you work full time, part time or any other working pattern
> if you work at your employer’s own premises or elsewhere
> what size your employer is
> where you work in the UK
You are entitled to the NMW even if you sign a contract agreeing to be paid at a lower rate. This is regardless of whether you sign of your own free will or because your employer persuades or makes you. The contract will have no legal effect and you must still be paid the proper rate.
Information reproduced courtesy of DirectGov
Click Here for more information and current Minimum Wage rates
National Public Order Intelligence Unit (NPOIU) More info
This is a UK police intelligence unit, based at Scotland Yard, set up in 1999 to track ‘green activists’ and public demonstrations. It incorporated the ‘Animal Rights National Index’. It performs an intelligence function in relation to ‘politically motivated disorder’ (not legitimate protests) on behalf of England, Wales and Scotland and coordinates the national collection and analysis of intelligence on the ‘extremist threat to public order’.
Next Friend More info
A person representing a minor or mental patient who is involved in legal proceedings.
NG form More info
NHS Net More info
A secure intranet for the NHS, providing all health service bodies, GPs and
key partners with access to a wealth of information, educational resources and best
practice, along with secure e-mail links that can be used for the exchange of confidential
information.
NICE – National Institute for Clinical Excellence More info
Set-up in April 1999, the aim of the Institute is to provide patients, health professionals and the public with authoritative, robust and reliable guidance on current ‘best practice’. NICE appraises new and existing drugs and treatments and produces guidance on their clinical and cost effectiveness.
NOMS (National Offender Management Service) More info
The National Offender Management Service (NOMS) is an Executive Agency of the Ministry of Justice (MoJ), responsible on behalf of the Secretary of State for Justice for commissioning and delivering prison and probation services in England and Wales.
NOMS was established in 2008 to join up prison and probation services, to enable offender management to be delivered more effectively, and to strengthen and streamline commissioning to improve efficiency and effectiveness.
NOMS delivers offender management services through:
- Probation trusts – 35 trusts responsible for the delivery of probation services at local level
- Public sector prisons – 127 establishments which provide around 88 per cent of prison places1
- Private sector organisations – operating 11 prisons under contract and providing other services, including prisoner escorts and electronic monitoring of offenders
- Partnerships – with a range of public sector agencies, including local authorities, health and education services, and with organisations in the third sector.
NOMS is also commissioned by the Youth Justice Board to provide secure accommodation and services for young offenders and by the UK Border Agency to provide places for immigration detainees.
Non Compos Mentis More info
A person classed as unfit to conduct/defend legal proceedings.
Non Parole Date (NPD) More info
The date on which a prisoner serving 4 years and over (and is due to be released under the provisions of the CJA1991) who has not been granted parole must be released. It also applies to prisoners sentenced before 1 October 1992 and is set at the two-third point.
Chapter 6 of PSO6000 provides more information.
Non-Jury Trials More info
Sections 44 to 49 of the Criminal Justice Act 2003 came into force on 24 July 2006. Part 7 makes provision for non-jury trial in cases where there is danger of jury tampering or where jury tampering has taken place.
The prosecution must apply to a judge of the Crown Court at a preparatory hearing for a trial to be conducted without a jury under Section 44 (2). Under Section 44 (3) the judge must grant the application if he is satisfied that the conditions in Section 44 (4) and Section 44 (5) are fulfilled. If he is not so satisfied, he must refuse the application.
The conditions are:
There is evidence of a real and present danger that jury tampering would take place and; notwithstanding any steps (including the provision of police protection) which might reasonably be taken to prevent jury tampering, the likelihood that it would take place would be so substantial as to make it necessary in the interests of justice for the trial to be conducted without a jury.
Reproduced courtesy of CPS
Click Here for more information
Notice of Transfer More info
A procedure used in cases of serious and complex fraud, and in certain cases involving child witnesses, where the prosecution can, without seeking judicial approval, have the case sent direct to the Crown Court without the need to have the accused committed for trial.
Nurse Practitioner More info
The Royal College of Nursing describes the Nurse Practitioner as an individual who can diagnose and treat a broad spectrum of illness. What differentiates a Nurse Practitioner from any other qualified nurse is the ability, and authority, to diagnose and then treat.
NVQ - National Vocational Qualification More info
O
OASys - Offender Assessment System More info
The Offender Assessment System, is a standardised process for the assessment of prisoners and released prisoners that has been developed jointly by the National Probation Service (NPS) and the Prison Service.
OASys is covered by PSO2205.
Click Here for more information from the Probation Service.
Click Here for our InsideInformation Factsheet about OASys
Oath More info
To call upon God to witness that what you say at the hearing is the truth or binding.
OBP - Offending Behaviour Programme More info
A course which addresses why a person committed an offence and tries to reduce the risk of them doing it again. OBPs should be accredited.
Click Here for information about Offending Behaviour Programmes.
Observation, Classification and Allocation (OCA) More info
OCA units determine the categorisation and allocation of prisoners after sentencing.
See PSO0900 for more information about the categorisation and allocation of prisoners.
Offences More info
Below is a list of common offences. Each one links to sentencing information on the relevant page of the CPS (Crown Prosecution Service) website. Whilst this information is primarily designed for advocates it also provides useful information for those charged with, or convicted of, those sentences: it includes; Aggravating & Mitigating Factors, Relevant Sentencing Guidelines, and information about Relevant Sentencing Case Law.
Administration of Justice Offences
Contempt of Court (S14 Contempt of Court Act 1981)
Escape (common law)
Perjury (S1 Perjury Act 1911)
Perverting the course of justice (common law)
Witness intimidation (S51 Criminal Justice and Public Order Act 1994)
Criminal Damage Offences
Criminal Damage Act
Arson - simple
Arson - reckless as to whether life endangered
Arson - with intent to endanger life
Damage - simple
Damage with intent or being reckless to endanger life
Possession with intent to damage
Computer Misuse Act
Unauthorised access to computer material
Unauthorised access to a computer with intent to commit an offence
Unauthorised modification of computer material
Malicious Damage Act
Placing wood etc on a railway
Obstructing engines on a railway
Drugs Offences
Allowing premises to be used for drug related activities
Explosives Offensives
Communicating a bomb hoax
Explosive Substances Act S2: Causing explosion likely to endanger life or property
Explosive Substances Act S3: Attempt to cause explosion or conspiracy to cause explosion or making or keeping explosive with intent to endanger life or property
Explosive Substances Act S4: Making or possessing explosives
Financial Crime Offences
Bribery (common law)
Conspiracy to defraud (common law)
Destroying, defacing or concealing a valuable security (S20(1) Theft Act 1968)
Dishonestly retaining a wrongful credit (S24A Theft Act 1968)
Evading liability by deception (S2 Theft Act 1978)
False accounting (S17 Theft Act 1968)
Fraud by abuse of position (S4 Fraud Act 2006)
Fraud by failing to disclose information (S3 Fraud Act 2006)
Fraud by false representation (S2 Fraud Act 2006)
Fraudulent trading (S993 Companies Act 2006)
Making or supplying article for use in fraud (S7 Fraud Act 2006)
Misleading statements and practices (S397 Financial Services and Markets Act 2000)
Obtaining a money transfer by deception (S15A Theft Act 1968)
Obtaining execution of a valuable security by deception (S20(2) Theft Act 1968)
Obtaining property by deception (S15 Theft Act 1968)
Obtaining services by deception (S1 Theft Act 1978)
Obtaining services dishonestly (S11 Fraud Act 2006)
Participating in a fraudulent business carried on by a sole trader (S9 Fraud Act 2006)
Possession of articles for use in fraud (S6 Fraud Act 2006)
Forgery Offences
Cheating at gaming
Conspiracy to defraud (common law)