His Majesty's Prison Service
His Majesty's Prison Service (HMPS) is a part of HM Prison and Probation Service (formerly the National Offender Management Service), which is the part of His Majesty's Government charged with managing most of the prisons within England and Wales (Scotland and Northern Ireland have their own prison services: the Scottish Prison Service and the Northern Ireland Prison Service, respectively).
Executive Agency overview
England and Wales, United Kingdom
Clive House, 70 Petty France, London, SW1H 9AJ
- Phil Copple, Director General
The Director General of HMPS, currently Phil Copple, is the administrator of the prison service.[1] The Director General reports to the Secretary of State for Justice and also works closely with the Prisons Minister, a junior ministerial post within the Ministry of Justice.
The statement of purpose for His Majesty's Prison Service states that "[His] Majesty's Prison Service serves the public by keeping in custody those committed by the courts. Our duty is to look after them with humanity and help them lead law abiding and useful lives in custody and after release". The Ministry of Justice's objective for prisons seeks "Effective execution of the sentences of the courts so as to reduce re-offending and protect the public".
It has its head office in Clive House in London,[2] and previously its head office was in Cleland House in the City of Westminster, London.[3]
The British Overseas Territory of Bermuda's HM Prison Service (renamed the Department of Corrections in 2002) is a separate organisation.
Operation[edit]
In 2004, the Prison Service was responsible for 130 prisons and employed around 44,000 staff. As of 2009 the number of prisons had risen by one (of which 11 were privately owned).[4]
Population statistics for the service are published weekly. Those for 24 June 2016 counted 85,130 prisoners; 95.47% were male.[5] Those for the year to 31 March 2019 showed a fall to 83,013 (annual average); 95% were male.[6]
HMPPS has a duty to implement the sentences and orders of the courts, to protect the public and to rehabilitate offenders. There are various ways a prisoner can be purposefully rehabilitated; including education, training, work and undertaking targeted accredited programmes.[6]
Prisoners in England and Wales have a daily regime which might include employment and training on temporary licence outside of prison. In financial year 2018/19, 12,100 prisoners on average were employed in custody, delivering 17.1 million hours worked over the year. Average monthly net earnings per prisoner was £1,083 before the Prisoner Earnings Act (PEA) levy was applied.[6]
On 31 March 2019, there were 37,735 staff in post. This was an increase of 2,452 staff on 31 March 2018, when a total of 35,293 were staff in post. Over the two-year period from 31 March 2017 to the latest year, 4,894 extra staff were in post (32,841 staff were in post on 31 March 2017).[6]
Drug finds in prisons again rose; in the 12 months to March 2019, numbering 18,435; an increase of 41% over the previous alike period.[6]
History[edit]
18th century[edit]
During the eighteenth century, British justice used a wide variety of measures to punish crime, including fines, the pillory and whipping. Transportation to the Thirteen American Colonies was often offered, until 1776, as an alternative to the death penalty, which could be imposed for many offences including pilfering. When they ran out of prisons in 1776 they used old sailing vessels which came to be called hulks as places of temporary confinement.[7][8]
The most notable reformer was John Howard who, having visited several hundred prisons across England and Europe, beginning when he was high sheriff of Bedfordshire, published The State of the Prisons in 1777.[9] He was particularly appalled to discover prisoners who had been acquitted but were still confined because they couldn't pay the jailer's fees. He proposed that each prisoner should be in a separate cell with separate sections for women felons, men felons, young offenders and debtors. The prison reform charity, the Howard League for Penal Reform, takes its name from John Howard.
The Penitentiary Act which passed in 1779 following his agitation introduced solitary confinement, religious instruction and a labor regime and proposed two state penitentiaries, one for men and one for women. These were never built due to disagreements in the committee and pressures from wars with France and jails remained a local responsibility. But other measures passed in the next few years provided magistrates with the powers to implement many of these reforms and eventually in 1815 jail fees were abolished.[10]
Prison officers[edit]
Recent development[edit]
Historically, uniformed prison staff were under the supervision of a small number of very senior and experienced officers who held one of three chief officer ranks. Below these were the ranks of principal officer (rank badge – two Bath stars) and senior officer (rank badge – single Bath star). However, as a reorganisation in the 1980s, termed "A Fresh Start", saw these chief officer ranks abolished, and their role taken by junior grade prison governors.
From 2000 onwards, as part of a process to increase accountability within the prison service, all operational officers have been assigned a three-digit unique identification number, worn on all items of uniform (typically as an embroidered epaulette) along with the two-digit LIDS identification code of the specific prison or institution. From 2010 onwards, attempts were made to replace the principal officer rank with non-uniformed junior managers (developing prison service managers – DPSM), although this process was neither entirely successful nor fully implemented. Further restructuring in 2013, known as "Fair & Sustainable", saw the remaining historic ranks and rank insignia phased out in favour of a new structure, and simple stripes on uniform epaulettes to indicate grades.
Uniforms[edit]
Prison officers wear a white shirt and black tie, black trousers, black boots, black 'Nato' jumper and/or black soft shell fleece-jacket.[39]
Prison officers working in the Juvenile or Immigration Detention estate wear a 'soft uniform' consisting of a polo shirt opposed to white shirt with black tie.[40]
For formal occasions, a dark tunic with whistle on a chain is worn with a tie and peaked cap for men and bowler cap and open collar for women. Black gloves and shoes are worn, as are any medals/ribbons that have been awarded.[41][42] Rank is worn on epaulettes and on the shoulders of uniforms.
Powers and structure[edit]
Public sector prison officers (historically known as warders), under the Prison Act 1952, have "all the powers, authority, protection and privileges of a constable" whilst acting as such.[43]
Under the Assaults on Emergency Workers (Offences) Act 2018 it is an offence to assault (amongst others) a prison officer and is punishable by up to twelve months in prison, as well as a fine. Murder of a prison officer who was acting in the execution of their duty at the time can result in a whole life order being imposed.[44]
Although the system is flexible in operation, most prison officers work in small teams, either assigned to a specific duty, or providing one shift of staff for the supervision of a particular wing within a prison.
Each such team is, in many instances, led by a supervising officer.
There will be an overall manager of the wing with the title of custodial manager. Custodial managers will have direct management of the wing and the line management of the officers and supervising officers.
Equipment[edit]
Most prison officers, when working on the landings, will carry:
Private prisons[edit]
Privately managed prisons were introduced in the 1990s. Currently, there are 15 prisons in the UK run by third parties[49] including: HMP Altcourse, HMP Ashfield, HMP Bronzefield, HMP Doncaster, HMP Dovegate, HMP Five Wells, HMP Forest Bank, HMP Lowdham Grange, HMP Oakwood, HMP Parc, HMP Peterborough, HMP Rye Hill, HMP Thameside and HMP Northumberland.[50] These are run by three third party contractor companies: G4S, Serco and Sodexo.
Ban on industrial action[edit]
Questions were raised about the status of the POA (Prison Officers' Association) in the 1990s. In 1994, a legal decision determined that it was illegal to induce prison officers to take industrial action – a law which had applied to police officers since 1919 – meaning that the POA could not call strike action amongst its members. New labour legislation introduced by the Conservative government in 1992 laid down that the POA could no longer be a trade union. This was reversed in the Criminal Justice and Public Order Act 1994, but prison officers were still denied the right to take industrial action. This right was restored in March 2005 to prison officers in the public sector in England, Wales and Scotland,[a] but not in Northern Ireland or to prison custody officers in the private sector.
On 29 August 2007, the POA started a 24-hour walkout of prisons, picketing establishments asking prison officers not to attend work for their shift. This was the first ever national strike action taken by the POA. The POA reported that 90% of its members (27,000) went on strike that day.
In January 2008, the Home Secretary announced that the government was to introduce legislation to remove the right for prison officers in England and Wales to take strike action.[52] This legislation was enacted as section 138 of the Criminal Justice and Immigration Act 2008.[53][b] In November 2016, the High Court approved a government request to stop industrial action taking place.[54] In July 2017 the government won a High Court bid to obtain a permanent ban on industrial action by prison officers.[55]
Independent Monitoring Board[edit]
Every prison and immigration removal centre has an Independent Monitoring Board (IMB), formerly known as a Board of Visitors. Members of the IMB, who are volunteers, are appointed by the Home Secretary and act as 'watchdogs' for both the Minister of Prisons and the general public, to ensure that proper standards of care and decency are maintained.[56] An analysis of the reporting of IMBs found that while there may be some problems with their training and undertaking of duties, their monitoring and surveillance of the detention estate can be more than symbolic and may further the humane and just treatment of the state's most vulnerable citizens.[57]
HMPS in the National Offender Management Service[edit]
On 6 January 2004, then Home Secretary David Blunkett announced that the Prison Service, together with the National Probation Service, was to be integrated into a new National Offender Management Service. The Service, Blunkett said, will be "a new body to provide end-to-end management of all offenders".
On 1 April 2008, NOMS was reorganised as part of a shake-up in the Ministry of Justice. The headquarters and regional structures of NOMS and HMPS were merged into a single HQ structure with Phil Wheatly as Director General of NOMS. This brings HMPS and the National Probation Service under a single headquarters structure for the first time ever.[58]
On 1 June 2011, NOMS was merged with the wider MoJ (HMCTS etc.) to form one organisation. Although HMCTS and NOMS are working under different terms and conditions, they are now managed together and HR is dealt with by one Shared Service centre. A review of terms and conditions for all MoJ staff, including NOMS, is currently in progress with view to bringing all staff terms and conditions across NOMS and HMCTS in line.
His Majesty's prison service collection is held at the Galleries of Justice Museum in Nottingham.
