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Prison Service And Your Rights

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phleb | 19:48 Mon 11th Nov 2013 | Law
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Someone i know has been on remand for 3 weeks, the solicitor was in court on Friday regarding the case, and did not require this person to go to court, but the prison took them anyway.

When all was finished and was due to go back to prison, they seem to have dropped them at a different prison altogether, without informing them why? This person is very distressed and has no money or any contact details to call their family,. The solicitor has said he is looking into it, but as it was the weekend they could not do anything.

Its almost gone Monday now, and still no progress as to whether this person is going to move back there or not, or if they will transfer this persons money across that family have left while on visits. Whenever i ring the prison/s for information, they decline to give me any. I cannot even get through to the governor, what an earth am i supposed to do?. At this time, i know where they are, but have no means of contact, as they cannot ring me without funds for a phone card.

Does anyone know where we stand. Clearly there was a mistake on the prisons part for taking them to the wrong place. Thanks in advance.
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i think where you stand will rather depend on who you are.
"someone i know" could be your next door neighbour; a friend; a relative; an enemy etc.
Someone on remand has far more rights than someone who had been convicted.
Question Author
I am a close relative...what kind of rights? thanks
Is the person convicted or awaiting trial phleb?.

Question Author
Awaiting trial, if there will be one.
You could contact the Offenders' Families Helpline - 0808 808 2003.
If you are not a relative, the prison staff will not discuss anything with you. As the person is on remand, you could try and book a visit with them? Your friend may not have been taken to the wrong prison, but moved to another one due to lack of space at the original one.
Sorry, as you are a close relative, perhaps you could phone the Safer Custody team at the prison?
Yeah, I was going to suggest booking a visit if that is practical (I think they get 3 x 1 hour visits per 4 weeks).
The service suggested by scorpiojo is open til 8pm


http://www.offendersfamilieshelpline.org/index.php/remand-into-custody/
Question Author
I can't book a visit, because they say i need a visiting order from the prisoner. I cannot get one because they cant contact me due to no phone funds at the other prison, and this initial prison wont give me any details due to confidentiality breech.

I will contact the people scorpiojo and orderlimit have suggested. thank you.
How far away is the prison?

I don't know how you get money to prisoners but could you send it to him? Ask the prison how best to send it. even if it is enough to get a phone card and I would be asking his solicitor to sort something out...
Visitors to remanded prisoners do not require a visiting order
Do you know which prison they are in now? if so look it up on the prison service website and find the contact details. The prison service can send anyone to any prison where there is space, many prisons do not have a remand wing. If the person has funds in their account at another prison it will be transferred but this can take weeks.
If you do know the prison then send a letter to that prison marked with the persons full name and date of birth. The DOB is needed because there are so many people in prison with similar names.
If you know the persons prison number it makes it a lot easier to send them letters as a prison number never changes so it is a unique id. You can put a postal order in the letter but it has to be made payable to 'H M Prison service' NOT the person.
The prison staff will put the money into the prisoners account.
The prison service WILL NOT give anyone any information about any prisoner , they are not allowed to by law.
If you do not know which prison the person is in you will have to send the letter with full name, DOB and prison number (if you know it) to H M Prison Service and they will pass it on
but again this can take weeks. If you can get a message to the person advise them to contact the prison Chaplin as they can often 'speed things up' .
I will look up the contact details for the prison if you know which one the person is in.
The Prison service has not 'made a mistake' they can send or transfer any prisoner to any prison at any time for any reason with out notice. A prisoner may only get a few minutes notice that they are being transferred, even after years 'inside'.
Correction: 'A prisoner on remand (waiting for their trial) is allowed three 60-minute visits a week'.

Question Author
Eddie, they have transferred my relative there by mistake by their own admission. Now, my relative has no funds to call home, and yes that can take weeks to transfer. and why is that fair? why is it allowed to happen? i know its a prison and not a holiday camp. but surely there are human rights, and innocent until proven guilty springs to mind. My relative has not committed this crime, and hopefully this will all come to light in time. We are allowed 5 visits per week. We live in yorkshire, and the prisons are in london. We have not heard a thing since last friday.
Do you know which of the London prisons your relative is in? If so send them some money for phone calls by posting a postal order to the jail.
It will be faster than waiting for the cash to be transferred. You can also send a letter with a stamped addressed envelope for them to write to you.
If you do know the jail contact the Chaplin for that jail and ask him/her to pass on a message.
I am somewhat puzzled as to why the court hearing was in London when the person lives in Yorkshire, was the offence for which your relative is on trial in London ? .The prison service try to put prisoners in a jail near enough to home for visits to be easy, where was the person originally held ? If there are further hearings at London courts then that explains why the person has been transferred to a London jail, it would be very expensive to bring the person all the way from Yorkshire for each court date.
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My relative has been moved back, phew!

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