Searches of prisoners are defined by the PSI 07/2016.

• Rub-down searches are the most common method. Single officers, male or female, implement these searches. These searches must not be intrusive or require the lifting or removal of clothes.
• An officer of the same sex as the prisoner carries out full body searches. The officer uses a metal detector. These searches consist of two levels:
  • Level 1: The removal of clothing, excluding underwear.
  • Level 2: The entire removal of clothing. This step can only be justified on the grounds of sufficient information or suspicion of the concealment of objects. It is strictly forbidden to require the prisoner to squat whilst being searched. Intimate searches are carried out in private.¹

Women generally have access to employment and education. They can also take part in activities. However, female prisoners who are serving short sentences have little access to these opportunities. It can take a considerable amount of time to apply for work or training courses. The vast majority of women serve short sentences, sometimes lasting only a few days or weeks.

Accommodation for children with their mothers is provided in the six MBUs (Mother and Baby Units) below:

• Bronzefield prison (12 places)
• Eastwood Park prison (12 places)
• Styal prison (12 places)
• New Hall prison (10 places)
• Peterborough prison (12 places)
• Askham Grange prison (10 places).

The PSI 49/2014 states that MBUs must allow “the serene and healthy development of the child”. A cooking plan is available to mothers to prepare meals.[^Cook]

Security staff of Mother-Baby Units are made up specifically of trained childcare workers and supervisors. They are registered with Ofsted. Supervisors wear uniforms. ¹

The secretary of state is responsible for providing “everything necessary for the baby’s maintenance and care”. (Prison rule No. 12).

The facility establishes a specific management plan within four weeks of admission to the unit. Essential equipment is also provided (a bed for the child etc.). The mother may receive family benefits. She must use these benefits for the needs of the child. The facility is required to encourage the child’s relationship with the outside world (Outings etc.) as well as helping to maintain family links. If released on temporary license (ROTL), members of staff or the mother accompanies the child outside of prison.

In England and Wales minors are subject to a specific justice system. The YJB oversee the handling of cases involving minors. Offences committed by minors aged 10 to 17 are judged by a juvenile court.

The sanctions provided by the law for minors are as follows:

• A reparation order: usually issued for the “least serious offences”. The reparation must be completed within three months.
• A referral order: issued to minors who plead guilty. The offender is brought before a Youth Offender Panel and is accompanied by a parent. A rehabilitative and restorative contract lasting between three to twelve months is agreed.
• A rehabilitation order with intensive supervision: the offender is kept on probation for up to three years.
• An intensive supervision and surveillance issue: an intensive program geared towards reintegration to society. Minors are kept under tight supervision. They are subject to a curfew, controlled by an electronic tag.
• A detention and training order: a prison sentence applicable to minors aged between 12 to 17 years. It may last between 4 and 24 months. The first half of the sentence isserved in a secure environment. The body responsible for young offenders (Youth Offending Team, YOT) supervises the second half of the sentence.

These custodial sentences for minors (section 91) are issued by the Court of the Crown (Crown Court, higher court) for those accused of “serious offences” (violent and sexual offences listed in section 91 of the Powers of Criminal Courts (Sentencing) Act of 2000). These sentences generally last over two years.

Courts can also rule:

• A discharge from sentencing: the court finds the accused guilty but is discharged.
• A conditional discharge): the offender is not sanctioned, but must abide a period of time in which no other offence must be committed
• A fine
• A compensatory fine: when a person is sentenced they may receive a compulsory surcharge. Ranging from £10 to £30, this surcharge is used to fund services for the victim.

The number of specially trained staff varies according to the type of facility. Staff working in secure children’s homes are well trained. They demonstrate the ability to “teach, care and exhibit behavioural skills particularly suited to the needs of children”. According to the Howard League, staff at Secure Training Centres (STCs) are fewer and not as well trained. Their approach is more punitive. Young Offender Institutions are larger and there are less well-trained staff. Opportunities to work, activities and training are also fewer. These establishments are, according to the Howard League, “totally unsuitable for children”. These are secure institutions where the majority of incarcerated children are detained.

Facilities for young offenders have the highest degree of violence. ¹ The rate of assaults (2,750 per 1,000 young prisoners) is almost seven times higher in youth offender facilities than in those for adults (403 per 1,000 prisoners) ²

The most common nationalities in prisons are Polish (9%), Albanian (8%), Romanian (8%), Irish (8%) and Jamaican (5%). ¹

Illegal residence in the UK is punishable by imprisonment. The Immigration Act of 1971 (Section 24) allows the issuing of a fine and / or six months imprisonment

These can begiven as a result of:

• Illegal entry into the UK
• Overstaying
• Refusal to leave the country
• Failing to report to a medical officer
• Violation of a condition of authorisation for temporary admission
• Escaping during an administrative removal procedure.
• Unlawful boarding.

The PSI 49/2011 on prisoner communication services guarantees foreign prisoners, or prisoners whose close family live abroad, a free call of five minutes every four weeks. This is granted if the prisoner has not been visited by someone close to them in the previous four weeks. Foreign prisoner are allowed to make calls outside of regular hours if the time difference between their country of origin and the United Kingdom makes it necessary. Financial assistance is granted if essential. Women detained at Holloway Prison receive an additional phone credit each month when they have no family visits. [^Life]

According to Nicola Padfield, there is a current lack of a national policy concerning foreign prisoners. She states that institutions do not possess a definite number of foreign prisoners held under their authority. [^Held]

Foreign prisoners can seek the help of the following organisations:

• The Immigration Advisory Service (legal assistance group for migrants)
• The Detention Advice Service (DAS, body providing assistance and advice to migrants at risk of detention or detained)
• The Joint Council for the Welfare of Immigrants (JCWI, independent organisation providing legal support to migrants and combating discrimination)
• The Refugee Legal Centre (RLC, provides assistance to asylum seekers) ¹

Prisoners serving long sentences are not subject to a specific prison regime. Specific regimes are considered for prisoners on an individual basis, based on gender, age and the presumed dangerous nature of the person (refer to the section Prison population).

Life sentences, are, with the abolition of the death penalty in 1965, systematically issued in murder cases. A murder conviction can be given without the intent to kill or to someone who has failed to prevent a murder. ¹ Rape and armed robbery are also punishable by life imprisonment.

Prisoners serving a life sentence are not subject to a specific prison regime. However, special prison regimes are considered in relation to the age or the presumed dangerous nature of the prisoner. (See section Prison population).

A person sentenced to life imprisonment may be able to apply for parole. This is only possible after their minimum sentence is completed.

Once the prisoner is released, they become subject to an indefinite supervised release on licence. They can be returned to prison at any time.

The average minimum length of term for murder convictions increased in England and Wales from 12.5 years in 2003, to 21.3 years in 2016. The law, created in 2003, established minimum term requirements for a large number of punishable offences, which require life sentencing. A whole life order is “the harshest of sentences”. A minimum term is not served for a whole life order. Its aim is to detain the prisoners until their death. No review or release is possible. No prisoner with a life order has ever been released. ¹

The length of a Custody time limit (CTL) is defined by the Prosecution of Offences Act of 1985. This is 112 days for an adult accused of an indictable offence. ¹

The legal period of a custody time limit for a criminal act tried by a Crown Court (indictable only offence) is 182 days. The public prosecutor may request an extension of the legal duration of detention. No time limit is set for the crime of treason. [^Clt]

Unconvicted prisoners are treated as if they were innocent. They receive certain benefits, including:

• Benefits from the NHS (National Health Service) as well as private healthcare if they so choose
• They retain the right to vote
• Personal clothing is allowed
• Work is not compulsory ¹
• They may receive a greater number of visitation rights than convicts. Every defendant has the right to three weekly visits of one hour. One of these visits can take place on weekends. [^Visits]

The Chief Inspector of Prisons has criticised the conditions of unconvicted prisoners on several occasions in recent years. He was concerned that the accommodation provided did not respect their fundamental rights. He was particularly concerned by an increase in physical harm, such as higher rates of suicide and self-harm. [^Her]

Prisoners belonging to specific minority or ethnic groups are not subject to a particular prison regime.

The prison service provides certain special protective measures for LGBTQ prisoners. Prisons facilities must “take responsibility for the fight against discrimination and harassment on grounds of ethnicity, religion, gender, sexual orientation or disability” (Equalities Act 2010). Some institutions have created support groups for LGBTQ people. ¹

Private sanitary facilities are sometimes organised for transgender prisoners. Specific care is given to avoid the isolation of prisoners. The Minister of Justice also recommends allowing transgender people access to community centred support organisations. Online courses are offered to staff regarding the rights of transgender and non-binary persons. These personnel are encouraged to recognise gender identities and to ensure the personal safety of such prisoners. ²

The Care Act of 2014 guarantees the social protection of incarcerated, disabled and elderly people. It states that “elderly people have the right to the same public protection as they would receive outside of the prison system”. Local authorities must guarantee adequate support, evaluations and meet the needs of elderly prisoners. According to the Prison Reform Trust, there is little national strategy aimed at the specific needs of elderly prisoners. This is causing situational disparity.

In general, support is considered on an individual basis for these prisoners. Prison Reform Trust acknowledges some best practices. For example, young offenders in certain facilities are trained to care for people with physical of mental disabilities. Individual needs in the training and teaching of older people are also often considered. Certain facilities have specially adapted areas for people over the age of 50 and can be visited by Age UK, a charitable organisation. ¹

The law does not provide the early release of elderly prisoners. However, theymight be eligible for release for certain medical reasons (refer to the sentence in the sentence adjustment section).

Members of staff from “Diversity teams” are trained in the care of prisoners with disabilities. These diversity officers (equality officers, disability liaison officers) are taught how to support, inform and advise these prisoners. They can also work alongside medical staff and those in charge of the unit to ensure proper care is administered. ¹

The Equality Act of 2010 states that “prisoners with disabilities must receive the necessary assistance to do the same activities as other prisoners, such as working or going to the gym”. ²

Prisoners with disabilities can have access to a nurse or a doctor. They can also request assistance from the diversity team. Prison rules and regulations are made accessible via simplified text or audio recordings.

The facility must provide “reasonable accommodation” either by adapting the facility or by transferring the prisoner. The prisoner is able to request a wheelchair or walking stick via social services.

Members of staff are required to help prisoners with disabilities, or ask for help from trained inmates. They support them with various tasks, such as; reading, filling out forms, using the telephone, washing their clothes, following medical treatments and accessing information. Specially trained prisoners will occasionally wear a particular T-shirt or a band to distinguish them. ³