IPCO Annual Report 2017
13.20
Statutory oversight of the use by prisons of powers to prevent or restrict use of
communications devices by prisoners and interference with wireless telegraphy was
introduced by s.229(3) of the IPA. During 2018 IPCO has been developing oversight of
these powers which will be reported on more fully in the next annual report.
Surveillance and CHIS
13.21
During 2017, there were separate inspections of the Prison Services of Scotland, Northern
Ireland and England and Wales with regard to their use of surveillance and CHIS powers
under RIPA and RIP(S)A.
13.22
Each received a single annual inspection, extending over a number of days, during which
there would be a visit to the central body and inspections at a number of prisons.
Findings
Prison interception
13.23
From our 33 inspections in 2017 we made a total of 149 recommendations, an average
of 4.5 for each prison. Each of these recommendations were accompanied by a ‘traffic
light’ rating which has historically been used by IOCCO. 22% of the recommendations
were red, 65% amber and 13% green. A Governor should take immediate action on red
recommendations in order to resolve what will have been a serious area of non compliance.
The prison authorities are required to write to the Commissioner, reporting in a timely way
on the prison’s progress in implementing the each of the recommendations
13.24
Additionally, we give prisons an overall grading which reflects the standard of the approach
overall to interception, along with the establishment’s progress in implementing previous
recommendations. For 2017:
• 51.5% received a good grade
• 30.5% were satisfactory
• 18% were poor.
13.25
In July 2016, HMPPS issued an updated PSI, ‘The Interception of Communications in
Prisons and Security Measures’, which included a number of improvements to the way
prisons manage interception. As IOCCO’s report for 2016 noted, implementing these
changes has not been an easy process, with the result that inspection scores were weaker
than hitherto and the inspectors made more recommendations than normal. Despite the
enduring difficulties, we are content with the response to last year’s recommendations.
HMPPS is supporting the relevant Governors to ensure that they complete the outstanding
recommendations and improve standards.
13.26
The Interception Risk Assessments, on a notable number of occasions, failed sufficiently to
set out the necessity and proportionality considerations to a standard that would enable
the Governor to make a lawful decision as to whether to authorise interception. This was
observed with particular frequency with regard to prisoners who pose a risk to the public,
such as those convicted of violent assaults, harassment or sexual offences. In total 30%
of the prisons inspected failed to complete the application documentation to a suitable
standard. Our inspectors highlighted instances of deficient paperwork, a general failure to
include sufficient detail of the factors relevant to the particular case, an apparent disregard
of any Human Rights issues that were engaged and an insufficient record of the matters the
Authorising Officer had taken into consideration.
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