Offenders face ‘chain gang’ punishments if they misbehave behind bars
Offenders who are rude to prison officers face chain gang-style punishments such as litter-picking under new disciplinary rules for jails.
For the first time, prison governors will be able to impose punishments modelled on the Ministry of Justice community payback scheme, where courts can order offenders to clean up graffiti or pick up litter wearing hi-vis jackets in modern-day chain gangs.
Governors will now be able to issue the payback punishments to prisoners who misbehave such as damaging prison property or being disrespectful to staff.
The penalties, set out in new guidance, provide governors with a wider range of punishment options between withdrawal of privileges for most minor offences and extra days added to sentences for more serious crimes such as assault or selling drugs.
Edward Argar, the prisons minister, said: “Discipline is the cornerstone of a prison that is safe for staff and where offenders are put on track to become law-abiding citizens.
“Unruly behaviour is not tolerated and these new punishments will help force prisoners to realise their disruptive actions have tough consequences.”
Payback to prison community
The guidance says the payback punishment “must be relevant to the charge” and can only be issued by the governor. More serious offences – where an offender is handed extra time on their sentence – has to be authorised by Alex Chalk, the Justice Secretary.
“For example, where a prisoner’s actions have had a detrimental effect on the community, such as causing a noise disturbance or delaying the regime by not following a lawful order, the payback punishment project(s) could involve giving back to the prison community,” says the guidance.
“It could also be appropriate if there is a natural consequence to their actions e.g., where a prisoner has damaged something, they can improve the environment of the wing such as by organising notice boards.”
It gives examples including repairing plumbing or wall plaster, clearing community or disused spaces, “short-term” projects such as litter-picking and maintaining prisoner notice boards or completing artwork for display around the prison.
Offenders who refuse to carry out their payback punishment could have their prison work earnings blocked or privileges forfeited. They will also be expected to carry them out within four weeks of being issued with the punishment.
‘Encourage their motivation’
“To fully engage prisoners in the process and encourage their motivation, it is advised that they are included in the discussion about what the project(s) will be, including being given the opportunity to provide suggestions,” says the guidance.
However, they warn against sloppy work. “Particular regard needs to be given to whether there is potential for a prisoner to complete work to a poor standard, which would require additional resources for facilities management to then fix,” says the guidance.
Other options for minor offences include cautions, forfeiting specified privileges for a maximum of three days, stopping earnings for up to three days and extra work outside the normal working week of a prisoner for up to three days.
Community payback schemes have been expanded to cover all 12 probation regions in England and Wales with “chain gang” teams deployed to clean up graffiti, fly-tipping and vandalism within 48 hours of cases being reported to the Probation Service.
It will remain the case that in the most serious incidents – for example, sexual assault or selling drugs – tougher prison punishments could be handed out. In these cases, the crime will be reported to the police and perpetrators face the prospect of new convictions and time behind bars.
