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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: The Norwegian Directorate for Correctional Services is currently reviewing its regulations pertaining to control measures in prisons and would therefore like to gain insight and knowledge from other States as to what systems, measures and legal framework they have in place. The Norwegian Execution of Sentences Act, §§ 27-32, currently grants prisons in Norway the authority to impose the following control measures: i. search and entry procedure measures for visitors, prisoners and staff ii. control measures during visits, including presence of staff, conversation only permitted to be done in a certain language (understood by staff), glass screen or separate rooms with window between or prohibiting physical contact iii. monitoring and interception of communication and contact with outer world (telephone, video, written, internet) iv. body searches of prisoners through scanners, frisking, visual, or body cavity searches (performed by health personnel) v. searches of cells and belongings vi. drug testing and other medical examinations to disclose drug use or smuggling (performed by health personnel) The prisons in Norway are divided in four security levels or categories (extra high security, high security, low security and transitional housing) and the use of or regime of control measures depend largely on the security level or category of the prison. Certain measures are, however, imposed based on an individual assessment and decision (inter alia monitoring of telephone calls, strip and body cavity searches, drug testing).
In Denmark we have 4 security levels. In level 1 and 2 (high security) we have access control measures, such as metal detectors, scanners (items and body), magnetic/mobile detectors and hand held detectors. The procedures apply to visitors, prisoners and staff. In level 3 (normal closed facility) we have metal detectors, scanners for items and hand held de-tectors. The procedures only apply to visitors and prisoners. Level 4 (open prisons) – it is possible to use metal detectors and hand held detectors on suspicion of illegal activities.
How are these measures regulated? In primary or secondary legislation or in administrative regulations? Please provide a link to relevant legal framework (preferably in English)The measures are regulated in “Straffuldbyrdelsesloven” (the Penal enforcement act). https://www.retsinformation.dk/eli/lta/2019/1333#id632c3505-81f0-4700-b187-e7da86aeec38
Are control measures imposed based on an individual decision or on placement into a category/group which follows a certain regime of control measures?See answer no. 1. We have search standards according to each security level (on demand we can forward you an overview (in Danish)). There is quite a big difference between the standards for high security facil-ities and the open facilities.
If category/group based, what are the criteria for the placement?Criteria for placement depends on security assessment.
If based on individual assessment, what are the criteria for imposing the measure?%
The decision of imposing control measures, whether individualized or based on placement in a category/group, what are the requirements as for the format of the decision and what procedural safeguards/complaint procedures are in place?The inmates have the right to be given appeals guidance. Measures are regulated in “Straffuldbyrdelsesloven” (see above).
Are the prisoners entitled to legal aid in a complaint procedure?Yes.
People who enter the prison will be checked with a body scanner and their items will go through an x-ray machine. For visitors, in case of doubt, strip-search is conducted. Prisoners and their cells are searched routinely at least once per quarter, but there are also unscheduled searches. Detainees are constantly monitored both by cameras and physically by officers. The cameras are in common areas and in special cells where prisoners are placed for their own safety or due to misbehaviour. Sniffer dogs are also used in the prison service to check persons, shipments and cells.
How are these measures regulated? In primary or secondary legislation or in administrative regulations? Please provide a link to relevant legal framework (preferably in English)Imprisonment is mainly regulated in the Imprisonment Act (available in English: https://www.riigiteataja.ee/en/eli/ee/504042023009/consolide/current) , in the regulations of the Minister of Justice "Prison Internal Rules" (available in Estonian: https://www.riigiteataja.ee/akt/12878040) and "Organization of Supervision in Prisons" (available in Estonian: https://www.riigiteataja.ee/akt/107092011006). More precise tactics and practises are agreed upon in various agreements to harmonize the course of execution of imprisonment across prisons and to ensure uniform treatment of prisoners throughout the system.
Are control measures imposed based on an individual decision or on placement into a category/group which follows a certain regime of control measures?Are control measures imposed based on an individual decision or on placement into a category/group which follows a certain regime of control measures? In general, control measures are applied to everyone the same way. In order to use discretion, it must be written in the primary legislation. For example, there is no discretion in terms of who must be searched when entering the prison, but to an extent there is discretion for the means of search. Regarding control measures, there is a difference between the prisoners of open prisons and closed prisons, control measures are considerably weaker for prisoners of open prisons than for inmates in closed prisons. In addition, certain distinctions are made for people who visit and work in the prison. When entering the prison employees are subject to random security checks, visitors must pass through all body scanners, also, personal belongings are checked. Strip-searches of visitors are permitted only in substantiated cases.
If category/group based, what are the criteria for the placement?The main differences are between prisoners in open prisons and closed prisons. Prisoners in open prisons are kept separately from prisoners in closed prisons. Open prison inmates can go on prison leave and work outside the prison. They live in rooms with no locked doors, wear their own personal clothes and there are no searches except for when they return to the prison from outside.
If based on individual assessment, what are the criteria for imposing the measure?Additional security measures may be imposed with regard to a prisoner who regularly violates the requirements of Imprisonment Act or the internal rules of the prison, damages his or her health or is likely to attempt suicide or escape, and to a prisoner who poses a threat to other persons or security in the prison. Additional security measures may also be imposed for prevention of grave offences. It is permitted to apply the following as additional security measures: 1) restriction of a prisoner's freedom of movement and communication inside the prison; 2) prohibition for a prisoner to wear personal clothing or use personal effects; 3) prohibition for a prisoner to engage in sports; 4) commission of a prisoner in an isolated locked cell; 5) use of means of restraint.
The decision of imposing control measures, whether individualized or based on placement in a category/group, what are the requirements as for the format of the decision and what procedural safeguards/complaint procedures are in place?If additional security measures are applied to the prisoner (see the list above), the prisoner must be heard before the measures are applied. The decision on the chosen security measure must be reasoned and it is possible to challenge the decision.
Are the prisoners entitled to legal aid in a complaint procedure?There is no separate legal aid service for prisoners. Although, there is a general legal aid system, in order to ensure that the rights and interests of a person are protected regardless of economic limitations. It can also be noted that the challenge proceeding is free of charge for prisoners and the prison has the duty as administrative authority to give explanations. Prison has to explain to the prisoner in proceeding the rights and duties of the participant in the proceeding in administrative procedure and which applications, evidence and other documents must be submitted.
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Regarding the staff of General Directorate „Execution of Sentences“ and its territorial units and citizens, who enter in the places of deprivation of liberty, technical equipment for control is used, including audio-visual systems. A search of employees and visitors is carried out by order of the head of the relevant place of deprivation of liberty, when there is sufficient reason to assume that they wear dangerous and/or unauthorized items for import or possession. Before the search, the persons are voluntarily invited to hand over the prohibited items for import or possession, which circumstance is explicitly reflected in the protocol. A protocol is drawn up for each search. If the items found during the search are not allowed to be kept or the attempt to import them constitutes a crime, the administration shall notify the competent authorities. The convicted people are allocated in the places of deprivation of liberty, as follows: 1. in prisons – the convicted with initially determined special regime; 2. in prisons or prison hostels closed type – the convicted with initially determined severe regime; 3. in prison hostels open type – the convicted with initially determined general regime. The regime in the places of deprivation of liberty helps to implement the aims of the sentence in prisons and prison hostels open type. There are applied general and light regime.
How are these measures regulated? In primary or secondary legislation or in administrative regulations? Please provide a link to relevant legal framework (preferably in English)In the places of deprivation of liberty hand-held metal detectors, frame metal detectors and baggage scanners are used. A compulsory search is done of the inmates in: 1. entering and leaving the place of imprisonment; 2. coming and returning from work sites; 3. admitting and releasing from a penal cell; 4. going and returning from a visit; 5. admitting and discharging from a hospital. The search of inmates cannot be done in a way, humiliating their dignity. The search is done by especially trained officials, who are from the same sex as the inmate. A search of the intimate parts of the inmate can be only done by a medical person. A search of officers and citizens, who enter in the prison, can be done by express written or verbal order of the head in a way fixed with the Regulation for application of the law, when there is a reason to believe that they bring prohibited items.
Are control measures imposed based on an individual decision or on placement into a category/group which follows a certain regime of control measures?The inmates can want information about: 1. questions regarding the execution of the sentence; 2. dimension of the amount of the served part of the sentence; 3. possibilities to ease the conditions of serving the sentence, as well as early and conditional early release. The inmates may be consulted by a lawyer of their choice. They can meet with the lawyers in private, correspond at any time of the day without restriction and use a telephone connection at any time of the day. The meetings of the inmates with lawyers can be observed, but their conversations cannot be listened and recorded.
If category/group based, what are the criteria for the placement?The prisons in Bulgaria are divided into two levels of security – closed and open type.
If based on individual assessment, what are the criteria for imposing the measure?There is no division in the way of doing prerequisites and searches, as well as the use of technical means to identify unauthorized items.
The decision of imposing control measures, whether individualized or based on placement in a category/group, what are the requirements as for the format of the decision and what procedural safeguards/complaint procedures are in place?The inmates may submit requests and appeals, as well as appear in person before the head of the prison, correctional facility or prison hostel. In the presence of an express written power of attorney on behalf of the people deprived of their liberty, requests and appeals may be submitted by lawyers and non-governmental organizations. The postal costs for correspondence of prisoners are at their expense. For inmates who are found to have no means, the cost of correspondence is borne by the place of incarceration. Requests and complaints submitted again are considered, if they contain new circumstances. The inmates do not bear disciplinary responsibility for the submitted requests and complaints.
Are the prisoners entitled to legal aid in a complaint procedure?The people deprived of liberty have the right to correspond with the bodies of the court, prosecutor's office, Presidency, National Assembly, ministries, political parties in the country, representative bodies, companies, public organizations and mass media. The requests and complaints of inmates are filed in a special book, in which the date of receipt and dispatch, the name of the prisoner, the body to which they are addressed, the subject and the response received are noted. In the case of visits to the places of deprivation of liberty by external people, it is carried out in the presence of an official, and conversations in Bulgarian are allowed, and if they are foreigners, an interpreter must be present. No physical contact is allowed, as there are equipped rooms with partitions.
In Latvian prisons, officials have the right to carry out the following control measures: control of specified territories and prisoners’ living spaces (also during night time, without disturbing the prisoners’ night rest); numerical tests of prisoners; searches before the prisoner is taken out from the cell or living space and before the prisoner is placed in the cell or living space; control of prisoners’ communications and visits with a person directing the proceedings or a representative of a state institution, defence counsel or other persons (visual control); telephone conversations and video communication; inspections of convicts outside the prison territory; searches of buildings, premises and territories of prisons; searches of prisoners; inspections of persons, premises, belongings and clothing (also using technical means); inspections of postal consignments and parcels; tests on the influence of alcoholic, narcotic, psychotropic or toxic substances; inspection of prisoners’ correspondence (except for addressees specified in normative acts).
How are these measures regulated? In primary or secondary legislation or in administrative regulations? Please provide a link to relevant legal framework (preferably in English)In Latvian prisons, control measures are regulated by external normative acts: Sentence Execution Code of Latvia, the Cabinet Regulation No.423 “Regulations of Prison Internal Procedure” of 30 May 2006, Law on the Procedures for Holding under Arrest, the Cabinet Regulation No.800 “Regulations of the Remand Prison Internal Procedure” of 27 November 2007, as well as internal normative acts which are developed and issued based on the regulatory framework included in the legal norms of a higher-ranking normative regulation.
Are control measures imposed based on an individual decision or on placement into a category/group which follows a certain regime of control measures?An arrested person is a person on whom the security measure – arrest – has been applied by the investigating judge or a court. Arrest shall be executed in the remand prison. The arrested persons shall be placed in cells taking into account internal security, and also (as much as possible) individual characteristics and psychological compatibility. The head of the Prison Administration may transfer an arrested person to another remand prison, taking into account medical, security, and crime prevention criteria. The placement of convicted persons in a specific prison shall be determined by the head of the Latvian Prison Administration taking into account medical, security and crime prevention criteria. In addition, the head of the Latvian Prison Administration, when deciding on the issue of placing convicts in prison, takes into account the sentence execution regime imposed on the convict and the number of free places in prisons. In accordance with the Sentence Execution Code of Latvia (hereinafter – the Code), the committee for the allocation of convicted persons established by the order of the head of a prison shall determine in which part, unit and cell of the prison the convicted person shall be placed, considering vacant places in cells, psychological compatibility, health conditions, attitude towards smoking, prior criminal record of the convicted persons.
If category/group based, what are the criteria for the placement?The Prison Administration is a State administration institution subordinate to the Ministry of Justice which implements the State policy in the field of execution of the arrest as a security measure and the deprivation of liberty as a criminal punishment. In accordance with Section 13 of the Code, a custodial sentence shall be executed in a closed prison, a partly-closed prison or an open prison, or in a juvenile correctional institution. In prisons, men and women, as well as minors and adults, shall be held separately. Convicted persons whose personal characteristics and criminal record negatively affect other convicted persons or who oppress and exploit other convicted persons shall also be segregated. Persons to whom the security measure - detention - has been applied shall be segregated from convicted persons, except when they agree to communal placement or participation in joint activities and the investigative institution, the Prosecutor's Office or the court which has the arrested person at the disposal thereof agrees thereto. The requirements laid down in this Section for the segregation of convicted persons shall not apply to prison hospitals. Persons receiving treatment in such a hospital shall be held under conditions of such regime as is determined for such persons. The persons convicted under a sentence for the temporary deprivation of liberty shall be segregated from other convicted persons, however, they may be involved in spiritual care and resocialisation measures along with other convicted persons. The convicted persons involved in a resocialisation programme focused on treatment of addictions shall be segregated from other convicted persons Arrested men and women, and also minors and adult arrested persons shall be accommodated separately. Persons arrested within the scope of one criminal proceedings shall be accommodated separately for 10 days. After th expiration of the mentioned term, these arrested persons shall be accommodated separately if the decision of the person directing the proceedings has been received regarding the limit of meetings and communication of these arrested persons. Arrested persons shall be accommodated separately from convicted persons, except for when convicted persons are placed in the remand prison due to commission of another criminal offence. If the arrested person is a judge, a person belonging to the judicial system, an employee, a former employee of an investigation institution, an institution for execution of criminal sentences, a State authority performing operational activities, municipal police, or another State authority involved in ensuring national and public safety, his or her spouse or a first-degree relative, he or she shall be accommodated separately from other arrested persons. An arrested person who has helped uncover a crime committed by another person and for whom a court, in accordance with the procedures laid down in the Criminal Law, has reduced the sentence specified in the judgement shall be accommodated separately from other arrested persons if he or she has requested it. The arrested persons who have not served the sentence in prisons before arrest shall be placed separately from other arrested persons. Convicted persons in closed prisons and partly-closed prisons shall serve the sentence at two levels of the sentence serving regime – the lowest and the highest. Levels of the regime for the execution of a sentence shall not be determined for convicted persons in open prisons and for minors in juvenile correctional institutions. Men who have received a custodial sentence for the commission of a serious or especially serious crime and convicted persons who have been transferred from a partly-closed prison due to gross or systematic regime violations shall serve their sentences in closed prisons. Increased security and maximum surveillance of convicted persons shall be ensured in closed prisons. Persons convicted under a sentence for the deprivation of liberty for life (life imprisonment) shall be accommodated in a separate division of a closed prison with an increased security. Security and permanent surveillance of convicted persons shall be ensured in partly-closed prisons. Convicted persons in all types of prisons and juvenile correctional institutions, as well as separate sections of a women’s prison which have been organized as juvenile correctional institutions shall be placed in locked premises or cells during the time provided for sleep but at the lowest level of the sentence serving regime in closed and partly-closed prisons – also during the time free from resocialisation activities. In open prisons convicted persons serve their sentence for committing a less serious offence due to negligence, if the custodial sentence has been imposed for a period not exceeding three years, and previously they have not served a sentence in a prison or they have served a sentence in a prison and the criminal record for such a violation has been cancelled or extinguished in accordance with the procedures laid down in the law; who are transferred from a partly-closed prison; for committing a criminal offence if a custodial sentence has been imposed. In open prisons, convicted persons shall live in hostel-type premises. The residential and maintenance premises may be fenced off without external security but convicted persons shall be supervised. Other requirements which must be fulfilled by convicted persons in open prisons shall be included in the internal rules of procedure of the prison. Convicted male minors shall begin to serve a custodial sentence in juvenile correctional institutions. Female minors shall begin to serve a sentence in separate sections of women's prisons which have been equipped in conformity with the requirements laid down for juvenile correctional institutions.
If based on individual assessment, what are the criteria for imposing the measure?LPA has developed guidelines for the prevention of suicidal behaviour of prisoners in prisons (hereinafter – the Guidelines) which provides for algorithms that determine the frequency of inspections of prisoners with a tendency to suicidal behaviour. Namely, in addition to the LPA internal regulations, which determine the duties of the officials of Supervision Department of prisons to ensure the supervision and control of prisoners, the Guidelines include identical information about the need to monitor and control prisoners (with a tendency to suicidal behaviour). The Guidelines provide for monitoring measures in situations where the prison administration and officials suspect the prisoner of possible suicidal behaviour or when such behaviour is detected. In the mentioned situations prisoners are provided with increased supervision according to a prisoner’s risk of suicidal behaviour, taking into account the dynamics of suicidal behaviour. The Guidelines also specify the supervision measures and their frequency according to the stages of an inmate’s suicidal behaviour, such as acute stage, early stage, remote stage. At the same time, it should be noted that continuous monitoring allows not only officials to control the prisoner, but also the prisoner to turn to officials for help or support, asking also for suicidal crisis support.
The decision of imposing control measures, whether individualized or based on placement in a category/group, what are the requirements as for the format of the decision and what procedural safeguards/complaint procedures are in place?The decision taken by the committee for the allocation of convicted persons is recorded in the minutes. The decision of the head of a remand prison to accommodate an arrested person in a remand prison shall not be subject to contesting or appeal. The decision taken by the committee for the allocation of convicted persons on the allocation of convicted persons may not be contested and appealed.
Are the prisoners entitled to legal aid in a complaint procedure?In accordance with normative acts, the arrested person has the right to meet with his or her defence counsel with whom an agreement has been concluded in the specific criminal proceedings in which arrest was imposed, or who provides state-provided legal assistance in the specific criminal proceedings in which arrest is imposed, to meet with a defence counsel in another criminal proceedings, if the defence counsel has received the permission of the person in charge of the proceedings, a lawyer who received the permission of the person directing the proceedings. A convicted person may meet with a defence counsel, sworn notary and a provider State-ensured legal aid for the receipt of legal aid in accordance with the procedures laid down in laws and regulations. Thus, prisoners in Latvian prisons can turn to relevant persons and receive legal assistance.
The prison service has organisational, technical and physical control measures in place. i.e. criminal intelligence, security of establishments, searches of persons entering the establishment and their belongings, etc.
How are these measures regulated? In primary or secondary legislation or in administrative regulations? Please provide a link to relevant legal framework (preferably in English)The measures are regulated by laws and regulations. No English translation available.
Are control measures imposed based on an individual decision or on placement into a category/group which follows a certain regime of control measures?By an individual decision a prisoner is pacedd in a group.
If category/group based, what are the criteria for the placement?Under the current legal framework, all categories of prisoners can be held in all prisons. Main criteria for the placement are the following: gender, whether over the age of majority or if (s)he is/ not a civil servant.
If based on individual assessment, what are the criteria for imposing the measure? The decision of imposing control measures, whether individualized or based on placement in a category/group, what are the requirements as for the format of the decision and what procedural safeguards/complaint procedures are in place?Control measures are imposed by the order of the Director General of the prison service. The prisoner must be heard before the measures are applied and the decision should be well-reasoned. A prisoner may appeal against a decision.
Are the prisoners entitled to legal aid in a complaint procedure?Yes
As a rule, all types of control measures that are implemented in Norway are also applied in Slovakian prisons. The differences lie in the method of execution - the technical equipment used. The control measures can be differentiated as follows: a) body searches a.1.) of inmates (carried out on admission to prison and during prison sentence execution at specified activities related to possible direct contact with civilians) - body searches are divided into preventive body searches (carried out by thorough frisking with the use of detection devices) and thorough body searches (body search including the oral cavity, armpits, palms and soles of the feet); a.2) of civilians entering the prison (as a rule, they are carried out only with the use of detection devices; exceptionally, a visual body search may be also carried out, including the oral cavity, armpits, palms and soles of the feet; an official record must be made about the carrying out of the visual body search or its refusal). These are not carried out for legally designated categories of "privileged" persons entering the prison without special permission (e.g. members of the National Council, judges, ministers, etc.). b) searches of personal belongings b.1) of inmates (carried out in all common areas of the prison and in lockers assigned to inmates - searches are carried out continuously using technical devices, by looking-in, by removing items from the locker, by thoroughly frisking of belongings and with the assistance of a service dog trained to search for substances with a specific scent); b.2) of entering persons (carried out in particular when entering and leaving the prison premises in a similar way as in the case of inmates); c) checks for the consumption of alcoholic beverages, narcotics, psychotropic substances, poisons or precursors - may be carried out on inmates continuously during imprisonment or as part of a body search of civilians entering the prison premises. d) searches of means of transport when entering and leaving the prison premises (carried out by detection devices, by looking-in and with the assistance of a service dog trained to search for substances with a specific scent). e) visual and/or audio recordings made by means of e.1) cameras in corridors, cameras located in pre-marked cells and, from 1 January 2024 also cameras located on the uniforms of selected members of the prison staff, e.2) monitoring and time-limited maintaining of records of telephone calls with civilians (this does not apply to communication with legal representatives), e.3) information and technical means and means of operational and search activities - this is a special control measure used in the field of countering terrorism and organised crime and in the detection of criminal activity - the use of which is subject to a special regime. f) supervision activities of prison staff f.1) during contact visits, f.2) when receiving and sending letters and parcels, f.3) during other options for contact between inmates and civilians (e.g. at workplaces outside the prison, educational and cultural activities carried out by external organisations). g) object barriers - e.g. in the case of contactless visits.
How are these measures regulated? In primary or secondary legislation or in administrative regulations? Please provide a link to relevant legal framework (preferably in English)All of the above mentioned control measures are set out in the generally binding legal regulations – the Act on Pre-trial Detention Execution, the Act on Prison Sentence Execution, the Act on the Corps of Prison and Court Guard. The manner of execution of individual measures, the differences in execution with regard to the guarding level in which the inmate is placed, or the description of model situations and the procedure of prison staff are regulated in internal regulations (instructions on the procedure of prison staff when using control measures).
Are control measures imposed based on an individual decision or on placement into a category/group which follows a certain regime of control measures?In general, the higher the guarding level, the greater the extent of restrictions and control measures. However, there are also situations in Slovakia where control measures are applied on the basis of an individually assessed risk of escape and the risk of violent behaviour of the inmate - a typical example is contactless visits.
If category/group based, what are the criteria for the placement?See the answer to question no. 3.
If based on individual assessment, what are the criteria for imposing the measure?See the answer to question no. 3.
The decision of imposing control measures, whether individualized or based on placement in a category/group, what are the requirements as for the format of the decision and what procedural safeguards/complaint procedures are in place?The decision on the individual application of a control measure is not formalised - it does not have the form of a standard decision issued under a procedure set by law with the possibility of appeal. It is generally a decision of fact, but it must be supported by reviewable reasons. These reasons are verified within the internal control activities carried out by the General Directorate of the Corps or on the initiative of the bodies supervising and controlling the observance of legality of prison conditions (i.e. the Public Prosecutor Office, the Public Defender of Rights and other bodies with the relevant legal authority). Inmates may address all of the above mentioned bodies with suggestions for reviewing the control measures imposed individually or for verifying the legitimacy and proportionality of interference into their personal rights.
Are the prisoners entitled to legal aid in a complaint procedure?The provision of legal aid is not specifically monitored in relation to complaints lodged against control measures. In general, each inmate may communicate daily in person, by telephone or by correspondence with his/her legal representative. This communication (regardless its form) shall not be restricted in any way. On the contrary, even indigent inmates have the possibility to communicate with their legal representative to a limited extent at the expense of the Corps (e.g. sending correspondence at the expense of the Corps; from 1 January 2024 they will have a package of free minutes for telephone calls; there are boxes in each prison for lodging complaints and suggestions addressed to the supervising prosecutor - they can be opened only by the supervising prosecutor).
There are range of control measures used the different categorisations of prison estate (from Long Term High Security to Open establishment) and their deployment/implementation may differ dependent on the establishment categorisation, location, building age and staffing level etc. A board overview some of the control methods includes: use of CCTV, use of Body Worn Video Cameras by operational staff, Enhanced Gate Security (airport style baggage scanners), X-ray body scanners, narcotics trace detection equipment on correspondence, Alcohol/drug testing for prisoners, Drug detection and other types of search dogs, varying levels of physical searching (of prisoners, visitors, cells and vehicles), Prisoner Communications Interception, Accommodation Fabric Checks, identity checks on visitors and cyber/technology countermeasures.
How are these measures regulated? In primary or secondary legislation or in administrative regulations? Please provide a link to relevant legal framework (preferably in English)The provision for the management of prisons, including the treatment of prisoners and the conduct of prison officers comes from the Prison Rules 1999, Prison Rules apply to every prison but the governor may have local rules as well. https://www.legislation.gov.uk/uksi/1999/728/contents/made Prison rules also allow the creation of prison policies such as Policy Frameworks and Prison Service Instructions (PSIs) for security protocols as described in answer 1 above. Policy/Instruction can be found on the .gov.uk website here: https://www.gov.uk/government/publications/policy-frameworks-index (please note some policies/instructions are not present as their sensitive nature means they are not published for the general public)
Are control measures imposed based on an individual decision or on placement into a category/group which follows a certain regime of control measures?Prisoners will be allocated to a prison category depending on their level of risk. Their level of risk is determined by a categorisation assessment, which is a form of risk assessment. Depending on the outcome of the assessment they will be placed into the lowest category suitable for managing their risk level. The category of prison they are placed in will dictate the regime and level of control measures they are subject to. Closed prisons have a secure perimeter and a range of internal security measures. For adult men, they are sub-divided into: Category C prisons, providing a level of physical and procedural security capable of safely and securely managing the majority of men; and Category B prisons, providing additional physical and procedural security suitable for managing those identified as presenting a greater level of risk. For young adults (age 18-20) and women, closed prisons are not sub-divided but individual prisons may be designated as suitable for holding individuals presenting higher risks. Open prisons have minimal perimeter and physical security features and are for those who are specifically assessed as suitable for conditions of low security. Females and young adults who're considered high risk are categorised as ‘restricted status’, meaning they can only be held in a closed prison. In exceptional cases, women and young adults may be held in a high security prison (category A). Security categorisation policy https://www.coe.int/en/web/human-rights-rule-of-law/2022-christos-giakoumopoulos
If category/group based, what are the criteria for the placement?The factors a prisoner will have assessed when deciding their security category are their risk of escape or abscond, harm to the public, ongoing criminality in custody, violent or other behaviour that impacts the safety of those within the prison, and control issues that disrupt the security and good order of the prison. The security categorisation assessment is a holistic process, so different factors may be relevant depending on the nature of their offence and custodial behaviour. A range of information, such as sentence length and possible further charges will be considered to assess the above factors.
If based on individual assessment, what are the criteria for imposing the measure?Whilst further control measures may be necessary in addition to those imposed based on the prison in which the individual is residing, they will generally be based on an individual risk assessment.
The decision of imposing control measures, whether individualized or based on placement in a category/group, what are the requirements as for the format of the decision and what procedural safeguards/complaint procedures are in place?A full risk assessment will be made on the Digital Categorisation Service – a digital platform that provides offender managers with questions regarding specific risk factors. Each assessment will be signed off by an approver, who will be a manager of a grade higher than the grade of the original member of staff making the decision. The approver will be a manager in the prison with a risk assessment role, so that they can provide quality assurance on the assessment being made. Further the Governor of each prison will must nominate a manager whose responsibility it is to ensure that the categorisation process is functioning effectively. The manager will ensure that decisions are fair, consistent and taken without bias and will provide quality assurance of decision making. The manager will also collect and analyse equalities data to ensure that there is not a disproportionate impact on any protected characteristics, and to implement change where necessary.
Are the prisoners entitled to legal aid in a complaint procedure?The complaints procedure is an internal process, therefore prisoners would not be entitled to legal aid.
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Routine checks are carried out within the establishments, such as regular cell searches, and metal detectors are used when prisoners enter and leave the establishment and when they move to the court yards. The luggage of incoming persons (workers, inmates, visitors, etc.) is systematically being scanned. If necessary, the inmate (who remains clothed) may be searched by palpation of specific areas of the body. If there is relevant individual evidence, a body search may be carried out according to very specific guidelines. In this case, the prisoner undresses and is examined visually, without any physical contact, with the respect of human dignity taken into account. Regular checks are also carried out to detect illegal substances and prohibited telephone equipment, both by local prison teams and by the central administration.
How are these measures regulated? In primary or secondary legislation or in administrative regulations? Please provide a link to relevant legal framework (preferably in English)These measures are regulated through a legal framework as well as through administration guidelines (such as Ministry guidelines and collective policy guidelines). - Legislation : o Article 108 § 1 of the Principal Law concerning the Penitentiary Administration and Legal Status of Detainees of the 12th of January 2005 (‘Principal Law’) regulates the search of a clothed inmate. o Article 108, §2 Principal Law regulates the visual search of an unclothed inmate. o Article 109 Principal Law regulates the search of the living space of an inmate. o Article 32 provides that access to prison is subject to control measures , including taking a photograph. o Articles 33-34 regulate the entry of certain categories of persons. It is left to the King to determine further rules, which was done by 'royal decree' of 17/08/2019 mentioned below. o Articles 55-56-57 contains control measures for correspondence (incoming correspondence is controlled but not read unless individual indications to do so). Outgoing correspondence is not checked unless individual indications. o Article 60 contains the cases in which visitation behind glass can be imposed. o Article 61 regulates the search of objects brought by visitors and of (in exceptional cases) conducting an examination of a visitor's clothing. o Article 62 regulates supervision by staff during the visit. o Article 64 § 5 regulates the registration of telephone numbers formed by detainees. - Royal Decrees: o Royal Decree of 17 August 2019 implementing the provisions of the Principal Law of 12 January 2005 on the Penitentiary Administration and the legal status of detainees regarding access to prison (publishes in the official Belgian State Journal 29 August 2019) . o Royal Decree of 8 April 2011 determining the date of entry into force and implementation of several provisions of Titles III and V of the Basic Law of 12 January 2005 on the prison system and the legal status of detainees regulates, among other things, the control of telephone data (art. 20-25). - Ministry Guidelines: o Ministerial Circular 1821 number 1821 of 30 July 2020 - Updated version of 19 June 2023. This ministerial circular explains the control and security measures applicable in the context of access to prison, based on the rules stipulated in the Royal Decree of 17 August 2019, and based on the Principal law of 12/01/2005, articles 32-33. Part 1 of this circular explains the scope of the Royal Decree. Part 2 of this circular discusses access rules applicable to any type of visitor (including staff members). These include: • Identification of the person (verification of identity); • Registration of data relating to his visit in a file; • Checking the person and his luggage for the presence of unauthorised objects and substances; • Where appropriate: checking the vehicle by which the visitor enters the prison. - Collective policy guidelines o Collective letter number 141 dated 30 January 2017. The purpose of this collective letter is to set out the rules, both theoretical and practical, for the various forms of searches provided for by the law, notably: the search of clothing; visual search of the body; search of the living space. o Collective letter number 107 dated 16/06/2011, coordinated version dated 07/09/2020. Includes in part elaboration of control measures (telephone, visitation…).
Are control measures imposed based on an individual decision or on placement into a category/group which follows a certain regime of control measures?Some control measures are imposed based on a factual circumstances (for example due to visits), some on individual decisions and other on placement into a category/group which follows a certain regime of control. A detainee can be placed under a specific safety regime, called an ‘individual particular security regime’ translated from Dutch/French), but this always happens on an individual basis and as such, pertains an individual decision. The criteria to be placed under an individual particular security regime can be found in article 118 Principal Law. Basically there have to be concrete circumstances or behaviours of the detainee present showing that he poses a continuing threat to security. In se most of the control measures apply to all visitors (like access control, except screening of a visitor's clothing is only in very exceptional cases and by decision of the director, but almost never occurs in practice) and apply to all detainees (screening of clothing at certain times and places in the prison, checking incoming letters for banned substances, surveillance during visits, registering telephone numbers). Cells are checked according to a general search plan, but individual cell searches are also possible based on individual reasons. Body searches always pertain an individual decision by the prison director.
If category/group based, what are the criteria for the placement?Idem 3
If based on individual assessment, what are the criteria for imposing the measure?- Body search: Art. 108 Principal law: § 2. (…) The detainee shall be searched on the body when the director considers that there are individual indications that the search on the clothing is not sufficient to achieve the objective defined in § 1, second paragraph. The director shall deliver his decision in writing to the detainee no later than twenty-four hours after the body search has taken place. The body search allows the detainee to be required to undress to the body and externally inspect the openings and cavities of the body.] The body search may only take place in a closed room in the absence of other detainees and must be carried out by a minimum of two [2 members of the security personnel] of the same sex as the detainee. § 3 Clothes searches and body searches must not be of an intimidating nature and must be carried out with respect for the detainee's dignity. § 4 If an examination of the detainee's clothing or a body search reveals objects or substances that should not be in the detainee's possession, they may be seized and kept for the benefit of the detainee, or destroyed with his consent, or kept at the disposal of the competent authorities for the purpose of preventing or establishing criminal offences, subject to the issuing of a receipt. Notes: Criteria body search: - There have to be individual indications present indicating that an examination of clothing would be insufficient. - Decision by the prison director only. - Written decision is given to detainee within 24h after execution of the search. Procedure execution body search: External viewing only, closed room with no other detainees, 2 members security personnel of the same sex, no agonising character, with respect for human dignity. Other measures: - Visitation behind glass; individual decision (see conditions in art. 60 § 3 Principal Law). - Decision to read incoming letters: only if there are reasons that this is necessary to maintain order the security, always to be decided individually by the director. - A check of the living space may be decided individually if the director has indications to do so. - If an 'individual particular security regime' is imposed, certain systematic control measures may be part of it. This decision (with conditions stipulated by law) is made by the director general of the Directorate General of Penitentiary Institutions.
The decision of imposing control measures, whether individualized or based on placement in a category/group, what are the requirements as for the format of the decision and what procedural safeguards/complaint procedures are in place?In cases where the director has to take an individual decision to impose a particular control measure, he has to justify this decision individually. For the control measures body search, visitation behind glass and reading of incoming letters, the conditions are set out in the law. The director must justify his decision in such a way as to show that the check is necessary and justified in the light of the legal provisions. In the case of a body search e.g., he should justify why a search of detainee X's clothing is not sufficient to check whether the detainee is in possession of certain prohibited items/substances. Against any decision taken by or on behalf of the director with regard to him, the detainee may lodge a complaint with the Prison Complaints Committee, as well as thus against an individual decision to impose a certain control measure. The Complaints Committee may annul the decision if it was unlawful, unreasonable or unfair and, if necessary, grant relief. If the detainee is subject to an 'individual particular security regime' (with possible systematic control measures), he is heard beforehand by the director (with the assistance of a lawyer if he so wishes) and the doctor gives a prior medical opinion on the compatibility of the detainee's state of health with the proposed measures. Against the final decision of the Director General containing the 'individual particular security regime', complaints may be filed with the Appeals Committee.
Are the prisoners entitled to legal aid in a complaint procedure?Yes, see article 155, § 1 Principal law: The complainant has the right to be assisted by a lawyer or by a confidential adviser chosen by him and accepted for this purpose by the Complaints Committee.