Who monitors? NPM IMBs HMCIP Ofsted HMI Probation CQC GPhC COMMUNITY Media NGOs Community groups Politicians Families Prisoners Former prisoners Whistle- blowers Academics Think tanks MANAGEMENT Parliament Minsters MOJ NOMS NHS Safety Audits NAO NOMS monitors INVESTIGATIVE/ JUDICIAL PPO Courts Inquests INTERNATIONAL SPT CPT ICRC

ASSOCIATION OF MEMBERS OF INDEPENDENT MONITORING BOARDS MASTERCLASS ON MONITORING PLACES OF DETENTION KNOWING SUFFICIENT ABOUT CONTEXT Professor Nick Hardwick School of Law, Royal Holloway University of London 15 March 2016

WHY MONITOR? ■Closed institutions ■Power imbalance between gaoler and detainee ■Supposed lack of credibility of detainee ■Normative effects of custody ■The ‘virtual prison’

National context ■Nelson Mandela Rules ■Cameron/Gove prison reforms ■Dame Sally Coates Review of prison education ■Charlie Taylor review of youth justice ■Stephen Shaw review of welfare in detention of vulnerable persons

The Nelson Mandela Rules Basic Principles Rule 1:All prisoners shall be treated with the respect due to their inherent dignity and value as human beings. No prisoner shall be subjected to, and all prisoners shall be protected from, torture and other cruel, inhuman or degrading treatment or punishment, for which no circumstances whatsoever may be invoked as a justification. The safety and security of prisoners, staff, service providers and visitors shall be ensured at all times Rule 2:impartially taking account of the needs of the most vulnerable Rule 3:not unnecessarily aggravate the suffering inherent in imprisonment Rule 4: primarily to protect society against crime and prevent recidivism Rule 5:difference between prison life and life at liberty should be minimised

The Prime Minister on prison reform ■AUTONOMY –Greater autonomy for prison governors – ‘the Academy model run by businesses and charities ’ – starting with six ‘reform prisons’ and more to come –Applying the same principles to youth custody –Direct entry and fast-track recruitment to attract the best staff ■ACCOUNTABILITY AND TRANSPARENCY –League tables and performance payments ■INTERVENTION AND TREATMENT –£1.3 billion to replace ageing ineffective prisons with nine new prisons (five in this Parliament) –Reform of prison education –Co-commissioning involving governors of mental health care and drug treatment –Countering extremism ■BEHAVIOUR CHANGE –More effective community alternatives using new technology and problem-solving court –Disclosure of past convictions –Women and babies

Legal ■Law ■Judgements ■Prison Service Orders (PSOs) and Instructions (PSIs)

Keeping up – some starter sources ■PSOs and PSIs ■Prison Reform Trust Bromley Briefing (cheats guide) ■Howard ■Alex ■Inside ■Justice ■Home Affairs ■Rob ■Alison ■HMI

Monitoring guides Association for the Prevention of Torture Monitoring Places of detention Monitoring Immigration Detention detention_practical-manual.pdf Penal Reform International: A training annual for independent monitors of juvenile detention facilities Juvenile-Detention-Monitors-Training-Manual.pdf

Triangulating sources Speaking to prisoners Safeguarding issues (‘Do no harm’) - reprisals Speaking to staff and managers Safety data - NOMS/YJB/local – published/wing logs/health records Safety I custody statistics: YJB Safeguarding report: Youth Justice Statistics 2014/15: Performance data – NOMS/YJB/Home Office Activities – attendance/achievements/time out of cell P-NOMIS/health data/wing logs Observation – detail/ prison contexts

Observation and assembly of data Groups: 45 minutes discussion and 30 minutes feedback in plenary Appoint a facilitator/chair and rapporteur ■Whose standards and rules? Do the inspectorate and IMBs have different standards? Does that matter? ■How useful is your annual report? What is its purpose? What could you do to make it more effective? ■Consistency between IMBs – what is your role and what can you do about it? ■How to evidence findings – what constitutes evidence?