Maintaining innocence in prison

The challenges of maintaining innocence in prison come up time and time again though our advice and information service, as well as in the mailbag of Inside Time. It can cause a number of difficulties in relation to IEP level, categorisation as well as parole. Sadly there are not any easy answers but there are a handful of references to this through the current Prison Service Instructions (PSIs) which are useful to know and might help.

Incentives and Earned Privileges

People often tell us that they have been refused or lost enhanced status because they are maintaining innocence. However, PSI 30/2013 Incentives and Earned Privileges is clear that maintaining innocence should not automatically result in the reduction to your IEP level or to stop you progressing. Instead it states that ‘it is a prisoner’s commitment to rehabilitation, good behaviour and willingness to use their time in custody constructively which should determine whether they meet required standards.’

Despite this, we are aware that it can be difficult to demonstrate some of the criteria to progress, particularly if there are limited ways to show commitment to rehabilitation other than to take part in offender behaviour courses which require you to accept your conviction.

You should be given reasons for IEP decisions which must be enough to understand which criteria you have not met and why. If you think the decision has been made unfairly because you are maintaining innocence then you may wish to make a complaint through the internal complaints system.

Categorisation

Similar to IEP, the fact that you are maintaining innocence should not automatically exclude you from progressing to a lower category. Both PSI 40/2011 Categorisation and recategorisation of Adult Male Prisoners and PSI 39/2011 Categorisation and Recategorisation of Women Prisoners state the following:

‘Prisoners who deny their guilt may have refused to undertake any relevant offence-related work.  While the establishment must proceed on the basis that the prisoner is guilty of the offence for which he has been convicted, the recategorisation review should consider whether there is other evidence available which might indicate that the risk has been reduced sufficiently to justify recategorisation to a lower security establishment.’

You should be given reasons for any categorisation decision and can request a full explanation in writing. If you think your categorisation is wrong or has not fully considered all evidence you can appeal via the internal complaints system.

Sentence Planning

PSI 19/2014 Sentence planning states that ‘Plans must be realistic and attainable in order to be effective in providing offenders with an opportunity to address offending related factors and reduce risk.’

If you are maintaining innocence this will be relevant to courses which require admission of the offence, such as the Sex Offenders Treatment Programme (SOTP). If you are maintaining innocence an objective can still be added to your sentence plan to take part in an assessment of suitability for SOTP. However, you may be assessed as not ready because SOTP requires analysis of the lead up to offences. You should not be expected to undertake the course in this case.

If you are assessed as not ‘ready’ for a course such as SOTP, it can still remain on your sentence plan as a future target in case your stance changes or if a course becomes available that does not require admission of your offence. Other objectives may be included in the meantime aimed at addressing the readiness or other identified issues.

Parole

The Parole Board has to accept the court’s verdict so cannot assess whether someone is guilty or not guilty – they have to assess risk.  The Parole Board cannot refuse to release someone just because they are maintaining innocence.

PSI 36/2010 Serving the Indeterminate Sentence says that ‘a prisoner who takes a full and active part in the risk assessment processes, undertakes relevant interventions, addresses and reduces identified risk factors and reduces the perceived level of risk of harm they pose to the public, can potentially gain release at tariff expiry whilst still maintaining their innocence or denying full or partial guilt for the actual offence’.

However, people often report that it can be more difficult to show evidence of a reduced risk of re-offending without completing offender behaviour problems programmes.  If you have an upcoming parole we advise you to get a solicitor with experience in this area.

We have recently gathered information on the most common enquiries we get into an information sheet for people maintaining innocence in prison. If this may be useful to you please get in contact and we would be happy to send you a copy.

You can contact the Prison Reform Trust’s advice team at FREEPOST ND6125 London EC1B 1PN. Our free information line is open Monday, Tuesday and Thursday 3.30-5.30. The number is 0808 802 0060 and does not need to be put on your pin.