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Welcome to the EuroPris Knowledge Management System. The table below shows questions and responses from European National Agencies. Select a question for more information or use the filters on the left to narrow down questions based on Agency or Category.
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Introduction:
Yes
How do you define a protection prisoner? Is there an official definition?Anyone who has been identified at risk of harm or where credible information suggests they may be at risk form others. Particular crimes such as sexual offending or crimes of violence towards children would be subject to a protection status.
On what basis is this offered?Nature of crime, (sex offence, child violence) self disclosure/referral requesting protection (drug debt, conflict, vulnerable individual).
Does your service have a formal assessment process before providing protection?Yes
Is this an IT or paper based system? Does the prisoner have input to the assessment?The system is paper based and carried out as an interview between a manager and the prisoner. During this interview the prisoner is questioned on the reasons/decision for protection. During this meeting the prisoner has the opportunity to fully engage in the process.
Does your service refuse to provide protection in some circumstances, is so what might these be?There may be occasions where there is no identifiable risk of harm or where the prisoner refuses to disclose who/what the threat may be. There are also occasions where the prisoner refuses protection, any such decision/actions are recorded on the assessment paperwork.
Does your service operate specific prison/s for protection prisoners or defined areas in general prisons?Yes, some establishments have identified separate areas for those convicted/remanded for offence related crimes, i.e. sexual offences. Other establishments have a section/wing for non-offence protections.
What regime do protection prisoners have - is it restricted?SPS operates a similar regime for protection prisoners in line with the mainstream prisoner population.
We have the abitity to protect people which need it by different measures : isolation, specific detention roaster, transition from a jail to another one
How do you define a protection prisoner? Is there an official definition?we have no specific definition, it dépends of the information about it and the need : protection from Inside (others prisonners), from outside (because of a trial or gangs activities), from their profession or types.
On what basis is this offered?we offer it if the fear of the detainees is real and i can appport some elements or if the lawyer or the judge ask it with motivation too. Some detainees have got problems because of their delictious activities (gangs , murder and revange or sexual délinquants, their job in real life like police officer or famous people). Some have got problems because they spoke to justice and inform about the criminal and detention life.
Does your service have a formal assessment process before providing protection?No, we have assessment about detainees which help the police "informant detainees" but the need discretion more than protection
Is this an IT or paper based system? Does the prisoner have input to the assessment?no
Does your service refuse to provide protection in some circumstances, is so what might these be?we refuse if it is not really founded and a bargain to have better detention conditions.
Does your service operate specific prison/s for protection prisoners or defined areas in general prisons?Yes, some prisons have got specific areas to protected detainees some others protect them by total isolation or making them always moving with a guard.
What regime do protection prisoners have - is it restricted?it dépends each individual case
Custody is provided for every inmate who is considered to be in danger
How do you define a protection prisoner? Is there an official definition?There isn’t any official definition. We assess the inmates case by case, based on our experience and facts being available.
On what basis is this offered?There are several reasons for protection. The most usual ones are type of crime (sexual offenders are in a permanent danger), drug debts, suspected or proven informant, personal conflicts (e.g. violator and victim in the same prison, the case never been in the court) etc
Does your service have a formal assessment process before providing protection?Every inmate is assessed prior his allocation. The need for protection may appear there. Part of the assessment is Risk and Need Analysis (Oasys bassed) which is quite a regular place to gain this type of information. The need appears also often later when the inmate is already allocaten in a certain institute and ward. Every official is obliged to report and, if needed, take immediate actions if he is notified of need of protection.
Is this an IT or paper based system? Does the prisoner have input to the assessment?We use for this purpose the general reporting IT-system. The inmate’s statement is recorded but he doesn’t make any direct personal input.
Does your service refuse to provide protection in some circumstances, is so what might these be?Basically we never refuse to offer protection but we define the degree and type of protection. Sometimes the inmate due to his fear refuses to provide any precise information but even in these cases the request is taken seriously.
Does your service operate specific prison/s for protection prisoners or defined areas in general prisons?There are specific wards in some prisons addressed for protection. In urgent cases the first measure is often to just close the door and inform the personnel to not let the inmate to be in touch with other inmates. Also an immediate transfer to a more suitable prison may occur.
What regime do protection prisoners have - is it restricted?The situation varies from prison to prison. Basically the need for protection shouldn’t have any influence on the inmate’s rights and services entitled for him. Due to practical reasons and lack of resources limitations may occur though. All the activities – accommodation, labour, leisure time activities, health care, visits – must take place separated from other inmates.
Our Enforcement of Criminal Sanctions Act (Art. 98a) mentions prisoners who endanger the lives or health of others or are endangered by others. Such convicts may be ordered to serve sentence separately from other convicts. They are placed in the special part of closed unit. We have also a associated law about Witness Protection that applies »for endangered persons in pre-trial procedures and during and after criminal procedures for criminal offences.« (Art 1.)
How do you define a protection prisoner? Is there an official definition?Witness Protection Act in Art. 3 define an endangered person as a person who needs a special protection.
On what basis is this offered?Basis for protection could be any of the possibilities mentioned in the question or a combination of them.
Does your service have a formal assessment process before providing protection?Enforcement of Criminal Sanctions Act in Article 98a(3) states that enforcement of placement and protection in question is entrusted to director of the prison, who in such case issue a written order.
Is this an IT or paper based system? Does the prisoner have input to the assessment?It is a paper based system.
Does your service refuse to provide protection in some circumstances, is so what might these be?If there are circumstances of the treat or endanger we do not refuse to provide protection. There is a need for preliminary inquiry about the situation. The professional treatment stuff always prepares specialised description and on this basis all further steps are taken.
Does your service operate specific prison/s for protection prisoners or defined areas in general prisons?In every close unite there is a defined area for protected prisoners or people who are according to Art. 98a separated from other convicts.
What regime do protection prisoners have - is it restricted?To avoid circumstances of treat or endangerment activities are organised separately. Regime is not more restricted than in other parts of close unit. However we have in mind that regime have to be adapted to individual person and situation.
According with Section 5 Part 1 Clause 2 of the Special Protection of Persons Law (hereinafter – Law), a specially authorised department of the Latvian Prisons Administration and at the place of imprisonment – a specially authorised division of the place of imprisonment carries out special protection measures.
How do you define a protection prisoner? Is there an official definition?A prisoner who has been applied special procedural protection.
On what basis is this offered?According with Section 4 of the Law special protection is applied in the following cases: (1) The following persons testifying in criminal proceedings (hereinafter – person testifying in criminal proceedings) have the right to special protection: 1) a victim, witness or another person who is testifying or has testified regarding a serious or especially serious crime; 2) a minor who is testifying regarding the crimes provided for in Sections 161, 162 and 174 of the Criminal Law; and 3) a person the danger to whom may influence the person testifying in criminal proceedings. (2) A person who is not testifying in criminal proceedings, but participates in the uncovering, investigation or adjudication of a serious or especially serious crime, as well as a person who is in danger due to the activities of the referred to persons (hereinafter – another person to be protected), has the right to special protection.
Does your service have a formal assessment process before providing protection?According with Section 8 of the Law, (1) The Prosecutor General or a court shall take a decision regarding special protection of a person testifying in criminal proceedings after becoming acquainted with a submission of the person, a proposal of the performer of procedures and the materials of the criminal matter, as well as, if necessary, shall hear the threatened person, his or her representative or counsel. (2) A court may also take a decision regarding special protection of a person testifying in criminal proceedings on its own initiative if the necessity to prescribe special protection of the person has arisen during the adjudication procedure and the consent of such person or his or her legal representative has been received. (3) Prior to the taking of a decision, the Prosecutor General or a court may assign a special protection institution to perform an inspection and provide an opinion regarding the feasibility of a threat and protection measures within a time period of not longer than five days. (4) Upon the examination of a submission of another person to be protected, the head of a special protection institution shall take a decision regarding the prescription of special protection for the person. If necessary, the head of the special protection institution shall organise an assessment of the indicated conditions, threat and potential persons who make threats and hear the threatened person or his or her legal representative.
Is this an IT or paper based system? Does the prisoner have input to the assessment?Decisions and information are prepared in a paper form.
Does your service refuse to provide protection in some circumstances, is so what might these be?According with Section 18 of the Law, Special protection of a person to be protected shall be terminated in the following cases: 1) the reason for special protection has ceased to exist; 2) the person to be protected has made further protection impossible due to his or her actions; or 3) the person to be protected has declined special protection in writing.
Does your service operate specific prison/s for protection prisoners or defined areas in general prisons?Currently in Rigas Central Prison special department there are separate cells that are meant for persons under procedural protection; however, taking into consideration the specification of Rigas Central Prison (it is the largest prison in Baltic states with a large movement of visitors and prisoners; not enough staff members), this year a separate department for prisoners under procedural protection is being established in Olaine prison to provide effective security for the protected persons.
What regime do protection prisoners have - is it restricted?In the normative acts of the Republic of Latvia no limited/separate/special sentence execution regime is being applied to protected prisoners. This is currently hindering our current duties and the realisation of procedural protected person rights.
All Governor/Directors of Prison in England & Wales must have procedures in place to identify, manage and support prisoners and detainees who are at risk of harm to self, others, and from others, and to reduce that risk. Prison and Young Offender Institution Rules also provide governors with the ability to segregate for their own protection prisoners who are at risk of harm from others either because of their offending history or because of their behaviours on normal location. Segregation must be for the shortest time necessary to manage the risk presented and the prisoner must be returned to normal location as soon as it is safe to do so. Segregation must be reviewed by a multi disciplinary review board at least every 14 days. The Segregation manager is also responsible for identifying the available alternatives to the prisoner remaining in segregation. While segregated, the prisoner is subject to close monitoring by segregation staff and healthcare staff to ensure his or her health and mental wellbeing is safeguarded.
How do you define a protection prisoner? Is there an official definition?Please refer to the answer above.
On what basis is this offered?In relation to harm to self where a prisoner is identified as being at-risk an ACCT Plan will be opened and they will be subject to individualised care management through the period of crisis. A Cell Sharing Risk Assessment (CSRA) is completed as part of the reception process when prisoners are first received into custody. The CSRA is an essential tool in the identification of prisoners at risk of seriously assaulting or killing a cell mate in a locked cell.
Does your service have a formal assessment process before providing protection?The CSRA process, to identify, manage and support prisoners and detainees who are at risk of harm to others and from others, is a risk assessment that must be completed as part of the reception process when prisoners are first received into custody. They must be based on evidence of risk and completed before allocation to a shared cell. The National Offender Management Service has a broad, integrated and evidence-based prisoner suicide prevention strategy that seeks to reduce the distress of all those in prison, staff, prisoners and visitors. Any prisoner identified as at risk of suicide or self-harm must be managed using the Assessment, Care in Custody and Teamwork (ACCT) procedures. ACCT is a prisoner-centred, flexible care-planning system which, when used effectively, can reduce risk. Prisoners segregated from the rest of the prison population under Prison Rule 45 for their own protection are subject to regular multi- disciplinary reviews at a frequency of at least every 14 days. They are visited daily by the segregation governor, chaplaincy and healthcare staff and seen by a doctor every three days. If segregation continues for 42 days then it has to be reviewed by the Deputy Director of Custody with responsibility for the prison in which the prisoner is segregated. This is repeated at the 84 day point and a Director review is required if segregation continues to 6 months (very rare).
Is this an IT or paper based system? Does the prisoner have input to the assessment?Both the CSRA and ACCT processes are predominantly paper based in relation to assessment. The results of the assessments are recorded on prisoner’s individual NOMIS records which are IT based. Prisoners are part of both systems particularly ACCT.
Does your service refuse to provide protection in some circumstances, is so what might these be?No. NOMS has a duty of care to all prisoners.
Does your service operate specific prison/s for protection prisoners or defined areas in general prisons?The regime should be as close to that which is available on normal location subject to the unavoidable restrictions due to resource issues and the need to balance the needs of all prisoners located on a segregation unit.
What regime do protection prisoners have - is it restricted?The ACCT process is necessarily prescriptive and it is vital that all stages are followed in the timescales prescribed, while the intention is that prisoners on open ACCTs will participate in the normal regime of the prison there may be times where, to keep them safe, this may not be possible.
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The prison administration offers protection to detainees.
How do you define a protection prisoner? Is there an official definition?All detainees can be places in isolation as a protective and security measure. This measure isolates the detainee from the rest of the prison population. It does not constitute a disciplinary measure.
On what basis is this offered?This measure is provided by regulatory disposition and permits every detainee to be isolated on his request or on the request of the management of the prison, as a measure of protection or security.
Does your service have a formal assessment process before providing protection?The request addressed to the prison director from the detainee, must be in writing and justified. This request is recorded in a report by a security staff. In the hypothesis that the placing in isolation is ordered by the prison director, because he considers that it is the only way to guarantee the protection of a detainee or to preserve the security of other detainees, he informs in writing the interested parties and justifies the invoked reasons.In all the cases the competent judicial authority is informed in detail.
Is this an IT or paper based system? Does the prisoner have input to the assessment?An assessment of his dangerousness (for himself or for the others) is done during the formalities of entering in custody, through a series of interviews, including one of the management.
Does your service refuse to provide protection in some circumstances, is so what might these be?The measure to isolate can be refused if the reasons invoked by the detainee are not justified.
Does your service operate specific prison/s for protection prisoners or defined areas in general prisons?Monaco prison is the only prison that is adapted and accustomed to receive and manage detainees in isolation.
What regime do protection prisoners have - is it restricted?This measure of isolation of the competence of the prison management during the first three months, any prolongation of this measure falls under the competence of the Director of Judicial Services, after a recommendation from the prison medic and social worker.