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Showing posts with label RestorativeJustice. Show all posts
Showing posts with label RestorativeJustice. Show all posts

Wednesday, 6 January 2016

Post 6 - To Live An Honest Life You Have To Be Dishonest

It has been said recently that people living in the community with convictions in the main are Liars...that most families of people living in the community with convictions, or serving custodial sentences are Liars...and most children going to school whilst a parent is 'inside' tell lies...we know many people with Mental Health conditions are Liars to avoid the stigma, but do they really have a choice if they want a chance at a full and rewarding life where they are "accepted" and allowed to flourish and develop their full potential on all fronts?

I recently had a twitter exchange with a prominent Academic In a UK university who was a complete stranger to me, he had tweeted regarding some research he was initiating and had recently received funding to conduct some research into the effects of long term imprisonment (if I have understood him correctly).  I had occasion to comment on a tweet regarding his research and as a result we arranged via DM to speak on the phone.

I am grateful and humbled that he gave me the opportunity to talk with him and express my feelings/observations/experiences regarding people living life on life licence post release.  For me personally it was an interesting exercise and an easy conversation to engage in as not only have I lived my own experience, but for many years I was directly involved in a personal and professional capacity as founder and CEO of one of the first (if not the first) exclusively Prison Law Consultancies in the UK (another story for another blog), which according to one prominent Judge was spectacularly successful.  Quite literally we worked with firms of Solicitors and hundreds of people who have received Life Sentences (still serving inside and the community having been released) and many more who had received fixed term sentences for various offences, so I do feel there may have been something to offer regarding the research in question.

Following that telephone conversation I was left alone in my kitchen together with my thoughts which have led to this blog post, which is essentially about Lies, Liars and the capacity of the powers that be to comprehend that by definition anyone who is subject to what I call societal stigmatisation must also live a lie and/or propagate lies in order to maintain their existence.  In my view experience and evidence shows there are very few people who are burdened with a stigma who have the luxury of being able to build and develop their life to its full potential within the paradox of the fear, embarrassment, humiliation, shame, or the guilt that comes hand in hand with public exposure in the UK of ones existence in those circumstances.  This is particularly evident if they are within a group which is stigmatised either openly (such as Ex Offenders, Trans genders or Transsexuals) or covertly (eg those Disabled or sufferers of Mental Health conditions) within our society.  It was not too long ago that being openly Gay in this country was illegal and it still is in 76 countries and yet the UK and the United States still recognise those countries, trade with them and conduct our affairs with them, so by definition and by omission is our country a paper tiger and are we not all liars?

The Parole Board and the National Probation Service, demand openness from offenders if they are to earn release on a parole or Life sentence, yet they release them into a life of lies.  If they are to source employment then they have to disclose their convictions in certain circumstances, and then are rarely employed when prior knowledge exists on the part of the employer unless their is some form of relief or benefit.  The fact is currently, society is not disposed to absorb the truth regarding offenders, release and rehabilitation, it also appears the media alongside the government have no interest in educating them.

It is true statistically speaking that it is an extremely high probability that an ex-offender (perhaps a violent one) lives in every single street within the UK - the numbers are that high.  9.2 million people in the UK have criminal convictions, and the number increases daily.  Not all released prisoners are fortunate enough to be released to work for a charity, or an organisation they have managed to develop links with whilst inside, in fact they are very few.  Most go out and are unemployed, released with £47.00 discharge grant and a train warrant regardless of how long they have served.  There are of course some exceptions who are clearly resourceful and talented individuals who go out and through their own efforts go on to start up and build highly successful commercial businesses such as The Prisons Handbook/Converse and Veritas-Vincit UK to name but two and in their own way discreetly 'give back', but they are rare and they are the exception.

However in the community following a long stay in prison or a Mental Health unit you can hardly lean on the garden fence and explain to the neighbours where you have appeared from.  It is a delicate operation to decide who you can allow into your inner circle, who you can entrust with your history as it does not just impact on the individual, but also their family, their victims family, friends, colleagues of family...some are of the view the fact that those more prominent are somehow seen as successful examples of reintegration is in itself worrying.  It is not hard to reintegrate when all around you know who you are, what you are, where you have been, what you have done regardless of how long ago, there is certainly very little of a 'stress test' in such circumstances.  Perhaps you have no choice but to lie unless you have no family and nothing to lose?

So the Academic and his research into the 'effects' of long term imprisonment?

Well clearly there are other 'learned' behaviours aside from sitting in restaurants with your back to the wall or where you can see the entrance, or noticing the CCTV wherever you go but especially in banks, shops etc, or walking along looking at the ground (as eye contact inside is confrontational in several circumstances), or eating your food faster than most (as food inside is often warm/cold depending on where you were in the queue), or being overly aware of your personal data and the DPA 1998 when asked for personal details in shops etc.  There is a form of protectionist paranoia upon release as you are subconsciously of the view there is a sign on your forehead where it is written "Ex-Con avoid at all costs - Detritus".

Who has responsibility to change this perception?  Does anyone with the exception of invested parties want to change that perception?  Is there a gain or benefits in attempting to change perceptions?  Who quantifies those gains/benefits and decides the cost benefit to us?  Is it moral or immoral not to attempt to change that perception?

Lets face it there appears to be very few people in power with the influence to change things that seem to care about the death rates in our institutions so why should they care about developing a Criminal Justice System that results in high percentages of rehabilitation and successful reintegration for those marginalised by their own actions many years before?  There is much rhetoric currently around these issues, many meetings take place, many people bank salaries on the back of this broken system...so in reality how many want to effect real change? Who is going to step out into the spotlight and take all the flack they will surely encounter from the media, from their voters and from their peers if they champion real change and real reform and not just tinker with the system?  Likely - No one?

So here's the cycle (example not applicable to all of course).

Arrested (in the norm most Lie to one extent or another), The Police build a case (in the norm dress the cake, embellish/Lie as they are unaware of plea), Sentenced and imprisoned arrive prison reception (Lie to get a single cell or quiet wing or medication to sell), Sentence Planning (staff Lie exaggerate/embellish behaviour to meet criteria for OB work = £.  Con Lies as avoidance strategy), Parole Board review (Probation Lie/embellish risk to meet criteria for hostels or community based OB = £.  Prisoner Lies about levels of confidence regarding support he/she will need, anxiety regarding release), Released - Lie to everyone initially as standard tool for successful reintegration into the given community until considered assessment regarding disclosure takes place.

So who creates the liar?  Is it the system, or the need to be an honest member of society, or is it an entrenched criminal value?

Or are we just cynical, you tell us?  Do you really want change and a more open and tolerant society?  If so do something about it, contact your local MP, ask them when they last visited a prison in their constituency, become a peer mentor or a prison visitor as a volunteer, take an interest in community based Mental Health initiatives, get involved with homelessness, get involved in your local communities and literally effect change and make it a better place for everyone, including those who have stepped outside the law - help them find their way back.

Join us, take a look at our website and see what can be done.

Wednesday, 25 November 2015

Post 4 - Consequences of Shaking The Trees

As some of you may be aware a few weeks ago we started our own blog as we thought it right that we start to link social media with our website as we are new to the whole Internet/social media promotion game.  We were doing OK on twitter @boltsandbars and we were starting to get the hang of the whole tweeting thing (we learnt very quickly that capital letters = shouting not passion) and seemed to be picking up followers fairly quickly, so clearly some of the tweeters found our comments of interest.  As a result we engaged in talks with direct messaging etc, all tools of the twitter world and during one such chat with a follower he suggested we contact 'Jim Brown' (not his real name I am reliably informed) on twitter and see if he can assist us in progressing our objectives in relation to our website by way of an article or an interview, so we did.

'Jim Brown' also has a blog called probation matters where he reports on all manner of matters probation related.  We spoke, exchanged mobile numbers and arranged to meet, in a Northern Hotel lobby, all very MI5 ish.  We talked for 3 hours or so on mostly Criminal Justice System related subjects with a bit of privatisation of probation services within the UK thrown in.  Following our meeting, (the next day in fact) 'Jim' posted his blog which contained some references to our company, our purpose and our website referring to us as the 'New Kids on the Block' - and then life changed.

We received a text from 'Jim' that someone had posted an anonymous entry on his blog which contained offensive and abusive comments and remarks regarding one of the Bolts & Bars team, and 'Jim' informed us he had deleted the post and also now applied moderation.  Then the games began.

That night one of us received three abusive telephone calls from an unknown number, and thereafter abusive/threatening/intimidating text messages on a frequent and regular basis which continue to this day.  Another member of our team has had his house (where he lives with his partner) broken into and items stolen, and then on a second occasion broken into but nothing taken. Then recently two known offenders turned up at the company registered office intimidating our director and demanding the residential address of team members. 

Now of course we are not suggesting for a second these events are connected or have anything to do with 'Jim' personally, for you could not meet a nicer man.    Some have suggested events are connected with ex-employees (since dismissed) or victims/extended victims disgruntled that we employ ex-offenders, or even potential jilted admirers.  Whoever it is , it's getting 'old' and is creating anxiety and distress for colleagues, friends and family and we are saddened and dissapointed that people cannot see the good in what we are trying to do and support us as oppose to attempt to hinder us at every turn.

So what do we do? We have read the entries on 'Jim Brown's blog, and of course all the negative views expressed therein regarding our company, ex-offenders, 'carpetbaggers' etc, but there are also entries from other probation people who encourage debate, welcome positive constructive comment, change and debate, so therein lies the problem which as we see it is twofold.

One is, who is our ominous, threatening, intimidating and boring observer?  

Two, how do we engage in any meaningful way with those who apparently have contempt for us as a whole (ex-offenders) and contribute in any way to making the situation more accessible for those who find themselves without reasonable access to the law and thus justice by virtue of their circumstances in being incarcerated by the UK, many of whom are not criminals but are asylum seekers, migrants, children, or Mental Health patients?

The answer to one is fairly simple, and we can only say hopefully this will cease as it is causing much anxiety and distress to those in receipt and also our colleagues, friends and family.  

Two is somewhat more complicated.  You see we spent many years in small boxes circa 10ft x 6ft engaging in self analysis, introspection, education, reading, growing, developing and engaging with thoughts and feelings we had not until that point encountered with the exception of many years before when we were very young. We do have opinions about the system that many of us lived in and of course some of us are motivated to engage in a pro-social and positive manner to get involved as it is fair to say, the CJS is facing difficulties and you can never have too much information from which to make informed decisions.  Some would say the perspective of service users would be a very valuable tool indeed.  We are not hear to 'beat up' or bemoan the probation service, or anyone else for that matter, we are simply trying to shed light on certain areas of public life of which the public are unaware.  Our main area for concern is the fact that there are quite literally tens of thousands of people who are unable to share/voice their concerns and fears for their friends/family members/loved ones in a focused manner to bring attention to trends or patterns of behaviour emerging within institutions nationwide.

If NOMS or HMP, or the Immigration Service for example supported our project and gave us access to those incarcerated as they do with other unnamed charities, dot.orgs, publications or private companies then they may not have the amount of discontent, violence, suicide and levels of complaints which they currently encounter which indirectly costs tens of millions of pounds a year to the treasury.  They would be able to monitor, thus note from the posts of those visiting, or corresponding with others incarcerated or detained what is going on, what their concerns are, 'temperature feel' the environment and react BEFORE matters have escalated or deteriorated.  Surely it would be a vital tool?

In so doing that would thus improve circumstances for everyone incarcerated by the UK government, but also for the Staff working in those places, less friction, less complaints, less sick time off, less malcontent, less despair and anguish as everyone will feel they are being heard.  Instead of weeks or months to resolve a complaint, someone in authority has had it brought to their attention by a site observer within hours, thereby saving millions in man hours and paperwork throughout several different establishments and systems.  The site could even be incorporated into the 'virtual campus' loop, and monitored internally by individual establishments?  The possibilities are endless.

I guess what we are saying is if somehow we have shaken the trees and unwittingly upset someone somewhere, it was unintentional, and we are not here to lambast or criticise generally.  We are here to help in a constructive and pro-social way as we believe that just because someone is incarcerated (and remember not all are convicted criminals, some are migrants, children, MH patients) then they deserve to encounter decent standards of care by those responsible for their care, and in our view 'care' encompasses a multitude of ingredients.  When you take away the ability for someone to manage their life and that of their families etc for themselves, in doing that we then have a responsibility to them and society as a whole to ensure when they are returned into life outside the walls that they are able and that 'life' is viable for them.

You may not all agree, but hopefully someone out there does and will assist, support and promote our initiative.  We are extremely fortunate in that some shares in the company bolts & bars are in the process of being sold as the deposit for the purchase of those funds was a huge benefit in bringing us to the point we currently find ourselves in, however as we all know money is tight in the current climate.  We do not claim to be a charity and then receive from trusts directly linked to the charity, we do not request donations or ask people to subscribe to us as a charity, we operate as a ltd company for that reason - to be completely transparent and open about who we are and what we are.  We will donate 15% of our net profit to charities, we still seek charities who are OK with working with and accepting donations from people who have been in prison, oddly they are hard to find despite the number of organisations, charities and dot.orgs making millions on the back of people who are incarcerated.  Many of them have provided invaluable tools over the years such as Insidetime and the Prison Reform Trust who produce fabulous material such as the Bromley Report , but there are many others who some might say have not really affected any real change over the last 30 years, but that is a question for other people to answer, suffice to say if they had, there may not be so many of them today.  Bolts and Bars are here for real change, to bring IT and all it can offer into the field of public life, namely our institutions which fail so regularly and cost so much and appear to have no real oversight in relation to the failures other than a few departments who publish reports/studies and white papers which are in general then ignored and left on the shelf to be brought out at the next crisis meeting, as crisis management seems to have been the norm for two decades within certain elements of the Criminal Justice system, NOMS, Border and Immigration and the MH arm of the NHS.

People (human beings who are still members of society here or abroad and who will one day return to live in those societies), regardless of who they are or where they are detained or what they have done, in any civilised society should be entitled to have their voice heard, our site provides that platform, that is why we are here.

Go to our website and see what difference you can make to the world of those less fortunate than us.

Sunday, 18 October 2015

Post 3 - The Fraud of Justice - or Good Practice - You Decide

There was a very lively discussion with several 'twitterati' Saturday 17 September (in case you want to track back and read the discussions) generally centred around Probation "Good Practice".  So rather than repeat views and comment I thought I would simply give you a question and allow you to form a view and hopefully expand the debate.

Someone is charged with Murder, the case is fully investigated by the authorities, it results in charges being brought and court proceedings begin.  The evidence is supplied to all parties and is thoroughly examined in an open court by experts on both sides.  The decision is made by a jury of 12 having heard all the evidence tested before them in court, they decide guilty and the Judge passes sentence after a full examination of the evidence has taken place.

Cost for process circa £250,000.

The same someone goes to jail for say 20 years.  Throughout that time he is examined by experts, encounters psychological examination, psychiatric assessment, he is monitored closely for years by those trained in such matters.  His letters are examined, his phone calls are listened to, his visitors monitored, searched and vetted.  Copious and numerous reports are written about him during that time, until he is considered ready to be considered for release.

The Parole Board of experts are supplied with hundreds of papers in a dossier to be examined and digested by them, the same dossier is supplied to the prisoner and his lawyer in order for him to prepare and submit his representations and comment on the dossier.  Both parties can call upon experts and witnesses to take part in an oral hearing where all the material is examined and questions can be asked of witnesses and the prisoner, victims can comment in writing or appear in person to make their personal statement.  The Parole Board panel is chaired by a Judge, and following a full examination of the evidence the panel takes a view on risk to the public and the Judge orders release.

Cost for term in prison to release circa £1.2million.

In the community on license and an allegation is made (not always) and then RECALLED on the recommendation of a probation officer.  Done without any thought to the human cost to friends, families, work colleagues, the existence painstakingly built up sometimes over years.  No examination of the evidence in court, without any testing of the evidence, often without sight of the evidence against him, always without the benefit of representations to the courts or the home office before the recall, and NO Judicial input whatsoever, no expert evaluation simply arbitrary imprisonment, the Guantanamo syndrome if you like.  You stand suspected, not charged, not remanded, no simply accused therefore we imprison you? Done in our name by bureaucrats in Probation and NOMS and often with complete disregard to the protocols in place for such a decision to be made. 

Financial and Human Cost to the taxpayer unlimited!

This is arrogance of the highest order by practitioners drunk on power.  Is this process right, Humane and Just in the world we live in today?  How can it be that a probation officer (could be 24 years old) makes a decision which costs us millions of pounds every single year, year in and year out, with no accountability, no transparency?

The core values of our website, are to allow access to Justice for everyone (Accessibility), to create transparent systems and processes where we incarcerate anyone, patient, child, woman or man (Transparency), ensure compliance with the statutory instruments and the integrity of practitioners and those tasked with the care of those who are voiceless in our society (Accountability) and try to ensure that those tasked with the care and responsibility for the voiceless wield their power with human compassion and integrity (Humility).

Go to our website and join us, make a difference and bring real change to a system which costs the tax payer (us) tens of millions year in year out, and do it in a pro-social way.

Friday, 16 October 2015

Post 2 - Author The Solicitors Journal about us on 20th August 2015.

Launched at the Law Society this week, Bolts&Bars is a new access to justice tool on behalf of the 'voiceless'. Designed as a one-stop-shop for those interested in the incarcerated - not necessarily by court order - including immigrants, children, the elderly, and those with mental health conditions, it aims to provide valuable information about the UK's detention centres and offer a transparent forum for the imprisoned to share their experiences.

'Some people deserve to be in prison for their crimes but they still deserve to be heard,' said Bolts&Bars founder. 'But there is no excuse for young children, mentally ill people, or migrants not to be able to access the law.'

One prominent supporter of the project is notable barrister Flo Krause, who successfully acted for former prisoner John Hirst in his high-profile and contentious action against the blanket ban on prisoner voting, which left David Cameron feeling 'physically ill'.

Providing specific examples from two decades of practising prison law, Krause said: 'To be truly voiceless, somebody is not only unheard but unseen. People are put away into institutions and become voiceless. The institutions subsume them. They disappear behind walls and under the weight of rules and regulations. There is no one to witness their plight and no one to record the dramas that go on behind those thick walls.'

Also speaking at the launch, Russell-Cooke partner Peter Cadman observed that even in the 'good-old days of legal aid' there was an element of abandonment of clients by solicitors after conviction. Now, with funding squeezed ever tighter, the ability for firms to provide aftercare to clients is nearly impossible.

'The timing of this venture is excellent,' he added. 'We are at a time when the public purse is not paying lawyers to assist and represent, and at a time when the cost of keeping a prisoner in prison is so astronomic that the balance between the spend and the save is just wrong.'

Cadman said he hopes the project will help offenders navigate the penal system and calm the 'ripple effect' that impacts on a prisoner's family and friends by providing them the information needed to cope with an incarcerated loved one.

Although the Howard League has benefitted greatly from this silliest of seasons, the same cannot be said for Bolts&Bars. The event, which took place within the Law Society's 'magnificent' Common Room, far from reached the venue's attendance capacity. Barring a couple of legal journalists and invested supporters it was empty, despite 'hundreds' of emails declaring an interest in the launch.

The Bolts&Bars team clearly face an uphill battle. If you cannot get lawyers into a room to discuss our rotten prison estate, what hope have you of opening up various important issues to the wider public who are predisposed to thinking prisoners should forfeit their rights upon incarceration. Maybe, as SJ's Kevin Poulter has suggested, solicitors should reflect on the ways they support access to justice, perhaps by giving consideration to the work of Bolts&Bars.  Go to their website

John van der Luit-Drummond is deputy editor for Solicitors Journal