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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