Select Committee on Foreign Affairs Written Evidence


Briefing for visit to Belmarsh prison on 21 November 2006

from Her Majesty's Prison Service

GENERAL

  Between December 2001 and 2004 a number of persons were detained and held in prison custody under Part IV of the Anti-Terrorism Crime and Security Act 2001. The majority were placed at Belmarsh prison although a few were located to Woodhill prison mainly due to family connections being more northern.

  2.  As the reason given for the detention was that they presented a national security risk, that were classified for prison purposes as Category A "standard" escape risk prisoners a few days after their arrival. Any person coming into prison custody, whether on remand or on conviction, is allocated a security category. For those convicted this will range from A to D, with Category A requiring placement in a high security prison and Category D generally being allocated to an open prison. For those on remand they are treated as either unallocated or provisional Category A. Given the history of their detention Category A conditions were considered appropriate.

  3.  Due to the need for this group to attend court hearings (Special Immigration Appeals Commission—SIAC) or at least to be able to consult regularly with their legal advisers, they remained at these two prisons until released on control orders or, in the case of some, transferred to a special hospital.

  4.  The Security Category was occasionally reviewed to ensure it remained appropriate. Throughout their time in prison custody, the detainees were subject to the application of Prison Rules.

BELMARSH PRISON

Access to legal advisers

  5.  With the exception of initial arrival day at Belmarsh of those detained, all had access to their legal advisers while at the prison. The problems encountered on the day of arrival were quickly rectified so that the issue never arose again.

  6.  The detainees were able to contact their legal adviser in confidence under Rule 39 of the Prison Rules. Under this rule a letter to or from a detainee to their legal adviser would not be stopped or opened by a member of the prison staff unless there were suspicions about it eg containing an unauthorised item. If a letter was to be opened, then such opening would be undertaken by the Governor in the presence of the prisoner. Even then the letter should not be read. A person is also able to telephone their solicitor. Again such calls are in confidence and the content not subject to any form of monitoring.

  7.  The detainees were able to have frequent visits with their legal advisers. Legal visits at Belmarsh take place every weekday. The only restriction is availability of space, taking into account the need for other prisoners to have access to their legal advisers. For this reason advance bookings are required.

Access to family/friends

  8.  All prisoners (including the detainees) were able to speak to members of their family/friends by telephone (incoming calls not permitted) or can write and receive letters. Such contacts were liable to monitoring.

  9.  Prisoners (including detainees) were able to receive regular visits from family and friends. The only restriction is that for those classified Category A, the proposed visitor first has to become an Approved Visitor. This is a simple procedure but one necessary for reasons of security. All those detained received visits.

Location in prison

  10.  After a short spell in the High Security Unit, the detainees were located at Belmarsh on Houseblock 4. They were subject to the same regime applicable to all prisoners on the Houseblock. This regime permitted daily exercise (with others) in the open air subject to weather conditions permitting, association, attendance at education, attendance at religious worship, attendance at the library etc. On average the detainees were out of their cell for around seven hours per day.

Meals

  11.  In common with all other prisons, Belmarsh produced a variety of meals to meet the religious, dietary or medical needs of individual prisoners. Prisoners (including detainees) were provided with a pre-select menu sheet for the following week, from which they could select their choice of food. Menu sheets highlighted appropriate meals such as those containing halal meat. In addition prisoners (including detainees) were able to purchase additional food items from their own funds, via the prison canteen. They also had access to a kitchen area so as to cook their own food should they wish to do so.

Clothing

  12.  Prisoners (including detainees) were entitled to wear their own clothing. They were also able to purchase additional items via the prison canteen. The only restriction would be where any clothing conflicted with security requirements such as in colour or design, or the quantity was greater than could be permitted in the cell.

Cellular accommodation

  13.  Due to their security category the detainees were accommodated in single cells, as are all Category A prisoners. Each cell has a toilet and washbasin. It contains a bed, cupboard, table and chair. Prisoners are able to store personal property in the cell subject to an overall maximum size limit. They are also able to have a radio/CD and hire from the prison a television (£1 per week). Prisoners could make arrangements to obtain daily newspapers, magazines, and books suitable within a prison environment.

Education

  14.  The detainees were able to undertake a wide range of educational courses, studying for various qualifications as well as undertaking recreational activities. While the detainees were at Belmarsh a number undertook pottery courses although those classes had to be stopped for operational reasons. A number of the detainees did painting and cookery, while other studied English and computers.

Medical facilities

  15.  Belmarsh has a health care centre staffed by qualified doctors and nurses which is operational 24-hours a day. It has an in-patient unit and close contact with the local hospitals. In the event a prisoner develops a medical problem that cannot be dealt with at the prison, arrangements would be made for that person to be treated at the nearest hospital under NHS arrangements.

  16.  Prisoners have access to psychiatric and psychological services, physiotherapist services and dentistry services. In the case of one particular detainee who had substantial disability problems, Belmarsh obtained an agency Health Care Assistant to assist with his activities of daily living such as washing, toileting, dressing and eating.

  17.  Where the prisoner and/or his legal adviser wishes to have an independent medical examination payable by themselves, Belmarsh will make the necessary arrangements to facilitate this.

Religion

  18.  The need of prisoners to engage in religious worship is recognised. Arrangements are made so that prisoners are able to comply with requirements of their religion eg Ramadan. For Muslim prisoners Friday prayers are arranged by the prison Imam. Subject to any security issues all Muslim prisoners (including detainees) were allowed to attend Friday prayers. Where this was not possible, the Imam would make appropriate alternative arrangements.

Her Majesty's Prison Service

November 2006





 
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