be people with the least opportunity to understand the
system and may not have any form of outside help in this
country. They may be experiencing language barriers,
cultural difference and isolation and need access to
proper legal advice so that they can make informed
decisions about their situation. Prison Service Instruction
52/2011, paragraph 2.75, states that it is a mandatory
output that prisoners are able to access independent
immigration advice, which cannot be provided by UKBA
but may come from a solicitor or
an organisation such as the
Detention Advice Service.
Despite the obvious needs,
and the mandatory requirement,
in practice it can be difficult for
foreign national prisoners to
access legal advice and access
their rights. Along with cuts in
legal aid, prisons are not always
located
in
areas
where
immigration solicitors have their
offices. Prison managers do not
always understand that the UKBA
does not provide independent
advice and do not always
commission other organisations to
provide this service.
Although it is fundamentally
important that people who wish
to appeal a decision about
deportation get legal advice,
there is no automatic process by
which
this
can
happen.
Immigration matters (asylum
deportation, detention and bail)
are often inter-related and
complex and the immigration
tribunal process is not easy to
understand. Prison staff are not
trained in immigration law and
will not have the expertise needed to answer questions
prisoners may have. In addition, since 1999 it is illegal
for anyone to provide unregulated immigration advice.
overwhelming and isolating experience. Research from
the prisons inspectorate has consistently shown that
the national language service has been underused.
Staff rely too much on using other prisoners to interpret
where professional services would be more appropriate.
Over a third of foreign national prisoners who were
experiencing isolation said this related to
communication and language difficulties.11 The
interpreting service will not be effective in prisons
unless it is properly resourced and
staff are actively encouraged to
use it.
Additionally, there are
particular examples of situations
in prison where people should
have automatic access to an
interpreter to explain what is
happening to them. These
include (but are not limited to)
any time in segregation, ACCT
reviews,
health
care
appointments, safer custody
reviews,
adjudications,
categorisation and any internal
prison meetings that impact on
sentence progression.
Providing information for
people in prisons is a constant
challenge. Rules and policies
change rapidly and it is difficult
for prison staff, especially in
remand prisons, with a high
turnover of prisoners, to predict
what languages their population
will speak. However, the current
situation is that many prison staff
individually spend time putting
together standard information
that could be centrally provided
and ‘tweaked’ for individual
establishments. In particular, easy read information
both in English and other languages could be centrally
commissioned for induction and reception.
It is also not clear that all prisoners understand the
immigration or deportation process. Documents
advising on removal (served by prison staff) are still sent
in English, irrespective of the language of the recipient.
There are 10 days to appeal, and the additional
difficulties of accessing external support and advice and
accessing documentation and paperwork in prison are
not currently taken account of by UKBA. This means
that people may not have access to justice.
Despite the obvious
needs, and the
mandatory
requirement, in
practice it can be
difficult for foreign
national prisoners
to access legal
advice and access
their rights. Along
with cuts in legal
aid, prisons are not
always located in
areas where
immigration
solicitors have
their offices.
Isolation and Language
The main problem we all face in this prison is lack
of information from prison staff. Cannot understand
them when these speak to you.10
Many foreign national prisons speak and read
English but for those that don’t, prison can be an
10.
11.
48
Prisoner quoted in Going the Distance, Prison Reform Trust 2004:9.
HMCIP Foreign National Prisoners: A Thematic 2006:15.
Prison Service Journal
Issue 205
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