CPS drops prosecution over death in custody

Anger from family of depressive who died after restraint by police!

UK: The family of Roger Sylvester, who died after being restrained by police officers, yesterday expressed their disappointment at a decision by the Crown Prosecution Service not to prosecute any of the officers involved.

Mr Sylvester, from Tottenham, north London, died more than six years ago after being handcuffed and restrained for around 20 minutes by up to eight officers who had detained him under the Mental Health Act.

The CPS yesterday announced that criminal charges would not be brought against the officers due to "insufficient evidence".

In a statement released through the campaigning organisation Inquest, the family said: "We are disappointed but not surprised at the decision announced by the CPS. Throughout the period of over six years since Roger's death in custody, we have faced a criminal justice system that has been persistently unable and unwilling to bring its own to account."

A CPS spokesman said the decision had been reached following "very careful and lengthy consideration" of the case. He said: "There is insufficient evidence to justify the prosecution of any person in relation to the tragic death of Roger Sylvester."

Police were called to the home of Mr Sylvester, 30, who suffered from manic depression, in January 1999 after neighbours reported a disturbance.

He was taken to hospital where up to eight officers restrained him for 20 minutes while waiting for a doctor to finish dealing with another patient.

Mr Sylvester collapsed from respiratory failure and fell into a coma. His life support machine was switched off seven days later.

An inquest verdict which found that he had been unlawfully killed was overturned in the high court last year after the judge expressed concern about the coroner's summing up and some of the reasons given by the jury for its verdict. The eight officers, who had been suspended while the investigation was carried out, were reinstated.

Referring to the original inquest verdict, the Sylvester family said: "For our part, we find greater force in that pronouncement by members of the public who heard all the evidence than upon the subjective view of a decision-maker within the CPS that has yet to prove its willingness or ability to allow justice to be done in cases of deaths in custody."

They also criticised the investigation into the circumstances surrounding Sylvester's death, led first by the Metropolitan police and then by Essex police, as an "exercise in mitigation of the officers", rather than a rigorous investigation into a potential murder.

Three of the officers involved in the initial investigation were found guilty of neglect of duty after an official complaint by the family, who fear that vital evidence was lost.

Deborah Coles, co-director of Inquest, who has worked with the Sylvester family for the past six years, said errors in the investigation had shaped the CPS's decision.

She said: "Roger Sylvester was a young healthy black man who died because of the fatal restraint used against him by police officers. This sends out a clear message that police officers are above the law."

By Laura Smith posted 20 June

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A family destroyed

Two brothers die suddenly, in separate incidents, in the care of the state. What does such an appalling double tragedy do to those left behind? Laura Smith meets a bereaved sister looking for answers

UK: Patricia Manning's brother Osman Cameron died in the Queen Elizabeth psychiatric hospital in Birmingham two weeks ago, and she has been tormented by what-ifs ever since. What if she had gone to visit him earlier that morning when she found out her college lecture had been cancelled? What if she hadn't stopped to pick up some snacks on the way to the hospital? What if he were still alive?

Osman, who was 45 and didn't work, was found dead in his hospital room on January 24. He had been arrested on January 4 after getting into an argument with a postman outside his home, and taken to the Belgravia police station in Birmingham, where he spent two nights. According to West Midlands police, he was assessed by doctors and social workers and a decision was made to section him under the Mental Health Act. He was transferred to the hospital on January 6. He died 18 days later, three days before he was due to be released.

It is too early to say with any certainty how Osman died, but the preliminary results of a postmortem appear to suggest asphyxia, possibly as a result of an epileptic fit. The inquest, opened at Birmingham coroners' court last month, is due to resume later this month.

It's a terrible tragedy for the family, who argue that Osman was a vulnerable man who suffered from autism and epilepsy and who should never have been in a psychiatric hospital. But for Patricia and her sister Elizabeth Melbourne, Osman's death is a doubly cruel blow.

Just over nine years ago, on December 8 1995, their other brother, Alton Manning, also died in the care of the state, this time in Blakehurst prison in Worcestershire. (Despite their surnames, the two were full brothers.)

The circumstances of Alton's death were rather different. On remand for an alleged violent offence, he was selected by prison guards for a strip search, to which he succumbed without protest. When they ordered him to squat for an anal and genital examination, however, he refused, and a struggle ensued. The inquest into his death heard that Alton was thrown to the floor and held face down while officers held his head and legs. He was taken out of the cell and carried face down along the corridor. Prisoners told the hearing that they saw him being held in a neck hold, a procedure known to be extremely dangerous.

He was then placed face down on the floor (other prisoners stated that they saw officers knock him to the ground). One said that what he saw "frightened the daylights out of him". Officers noticed a pool of blood near Alton's mouth and at this point his body went limp. The officers called for medical help, but continued to restrain him. By the time the nurse arrived, he was dead. He was 33.

A postmortem found that Alton died of asphyxia related to the way he was restrained. He had bruising to the neck and back, blood spots in the eyes, face and neck, blood from the ear and mouth, eight separate injuries to the face, and abrasions to the arms and legs. None of the officers sustained any significant injury, despite claiming he had resisted violently.

In the years that followed Alton Manning's death, his family campaigned tirelessly to bring the prison officers they believed responsible for his death to justice. Buoyed by an unlawful killing verdict at an inquest into his death in 1998, they hoped and believed that a prosecution would follow. None did. The Crown Prosecution Service argued there was "insufficient evidence" to proceed. When court proceedings brought by the family forced the CPS to reconsider in 2002, they again refused. After seven years, the family were forced to concede defeat.

Alton's death affected the Manning family in unimaginable ways. Patricia's father Cleveland, a carpenter, who was in remission from cancer, fell ill on the day of his son's death. Six weeks later he was dead. Her mother Albertha slipped into depression and died in Jamaica in 1998, two weeks into a holiday it had taken the sisters six months to persuade her to take.

"Anyone who knew Alton would say he was a proper gentleman," says Patricia. "Not a hair out of place. You know, like one of those army people? Shiny shoes and everything. My parents died of heartbreak. We were a close family. When my brother died, the shock immobilised the use of my father's legs and he was taken to hospital that day. As far as I'm concerned, the cancer began growing on the same day. My sister and I alternated looking after my mother, trying to encourage her to come on. But there was nothing we could do. She'd lost her husband and her son." She is buried in Jamaica, in the garden of the house where she was born.

She says it was only anger at the way her brother died that kept her going. "It was a traumatic time, to say the least. I think for me and my sister, the adrenaline because of the anger that you felt and because of the physical marks that he had, somehow gave you the strength to cope, even though my family were dropping like flies. We seemed to be able to deal with it."

To lose a second brother, however, one for whom she felt an almost parental responsibility, has proved much harder. Patricia was told that the police were called after Osman got into an argument with a postman outside his flat in Sparkbrook, Birmingham, apparently over the fact that a letter he was expecting had not arrived. She was not told that he had been arrested until two days later, when Osman's social worker got in touch to let them know that he was to be sectioned. She visited him in the hospital as often as she could, and called him when she couldn't.

Patricia talks about her brother, affectionately known as Ossie, with enormous tenderness and pride. In the way a mother would recount the achievements of her child, she lists his triumphs. How he nearly played table tennis for the junior England team. How musical he was, playing the recorder, the guitar and the organ. How intelligent he was, managing to stay on at mainstream school despite his autism. How he tidied friends' gardens to keep himself occupied.

But she knows this wasn't always the way strangers saw him. Intensely shy, Osman found it difficult to make conversation and Patricia admits he could come across as strange. "He was a bit of a loner," she says. "He always carried a big shopper bag with all his things in, his recorder, his books. To some people he probably appeared stupid, slow, thick. He was an easy target and people used to pick on him. People would judge him just on his appearance."

As a result, he was often getting into trouble. Patricia lost count of the number of times he was brought home or taken into custody by police after an argument on a bus or on the street. Whether as a result of his experiences or as a consequence of his condition, he didn't like going into new situations or into areas where people didn't know him.

According to Alan Bicknell of the National Autistic Society, this kind of behaviour is common amongst autists, who tend to have problems relating to and empathising with other people. "Everyone is different, but autism can result in extreme shyness," he says. "There can be problems with communication, with diction and the volume of the voice, which means people can come across as being loud and odd. There can also be problems with flexible thinking - new people and places - and accepting that other people think differently from them. They can find it virtually impossible to read body language."

It is not unusual, he says, for autists to attract the attention of the police. "We see that situation only too often," he says. "The police want a person who has been stopped to show them respect. But someone with autism will avoid eye contact and appear unconcerned. There is no obvious physical disability, so it won't necessarily be obvious to an officer that anything is wrong."

But Patricia believes there was another dimension to the attention Osman attracted, which began after he left school. "It was the 70s, he was black," she says. "He had a lot of problems with the police. Sometimes they'd arrest him, sometimes they put him in a psychiatric hospital, sometimes they wouldn't even arrest him, they'd just bring him home. I'm not saying all of them were bad. There was one that used to come to the house and speak to my mum because he was really concerned about Ossie." It was not until three years ago, after her parents had died and his care fell to her and her sister, that Ossie was diagnosed as autistic.

"When he was diagnosed, everything clicked into place," she says. "It made sense, the routine, the fact that he sometimes didn't understand your reasoning, the fact that he hated change." But his diagnosis didn't always help with the police. "I hate having to bring colour into it," she says. "But I can't help wonder, would the circumstances have been the same if the police had picked up a young, white autistic male who was having an altercation with somebody in the street? Rather than treat him as a criminal, maybe they would have seen him as someone with a problem who needed help."

She is deeply hurt by the release of a statement by West Midlands police immediately after Osman's death which claimed he had been arrested for robbery. The force has since changed the statement, but the inaccuracy was picked up and repeated unquestioningly by local and national media. "I don't know where that came from, because the hospital, the social worker and I were all told it was an altercation," she says.

Osman's death is now the subject of an investigation by West Midlands police, who will produce a report for the Birmingham coroner. The force voluntarily referred the case to the Independent Police Complaints Commission, but it was sent back to them after the IPCC concluded that there were "no identifiable issues of concern" relating to his death.

Of six children born to their parents, only Patricia and her sister Elizabeth, who also lives in Birmingham, survive. Their brother Barrington died aged four of asphyxia related to an asthma attack; another sister was stillborn.

She struggles to explain how it feels to lose two brothers in custody. "People say lightning doesn't strike twice, but look at what has happened to my family. This time was definitely the worst. I couldn't even leave the house. And then having to explain it to the children. I suppose it brought back my feelings about Alton. To lose another family member in those circumstances, it's even harder. It tears families apart. I just want people to discard the stereotypes and know that he is a person. He had nieces and nephews, he loved life, he had a right to life. Ossie was a very loving man who will be missed. Who will be missed terribly."

By Laura Smith posted 10 February 05

· To find out about the National Autistic Society's campaign to raise awareness of the condition among criminal justice professionals, visit The National Autistic Society .

Diagram: Symptoms Chart

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Australia

Review of the Mental Health Act 1990

1. We contend that the wording of the objects unnecessarily contrasts civil and other rights with effectiveness of treatment. It does not have to be a matter of balance, and in fact we suggest that real care is consistent with rights, dignity etc. The use of the word "control" (in this Section and throughout the whole Chapter) repeatedly with neither qualification nor mitigation leads to a strong impression that all people with psychiatric disabilities are always in need of 'policing' and restriction. We disagree totally and consider this to give rise to prejudicial attitudes and actions by the public and professionals related to perceptions and assumptions of dangerousness and lack of capacity.

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Justice Health and Corrective Services under 'Duty of Care' provide a lethal cocktail to its prisoners' by way of a so-called sweetener! This on its own is considered a lethal cocktail!

Now under the Mental Health Act -Tribunal prisoners injest even more of this deadly cocktail in their medication, unproven in any laboratory, and if we refuse, the Squad are called in to force their concoction into you.

The fact 5,000 food products now to be sold via the Monsanto Company with this insidious chemical named Aspartamine and even governments, public servants!!! - allow the FDA (and Monsanto) to literally inflict these diseases on those who vote them in, to look after them? And the millions world wide literally crippled in various ways! 'Who pays both ways' Pills and sweetlow?

All Monsanto products should be labelled like 'cigarette' packets are for the sake of our children. Also all Monsanto imported grain GM Foods which government institution farms feeds livestock this cocktail and it is fed to prisoners without our knowledge and consent!!!

DR Blatlocks Book Excitotoxins: the taste that kills Healthy Press 1-800-2665.

By Anonymous Prisoner at Long Bay Hospital 3 Sept 04

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Cheney asked the court to appoint a judge to review his case, claiming he had been "verballed" by police and "loaded up". But Justice Jeff Shaw said last week there was "no real evidence of police corruption and Cheney, who had a long criminal career, had been convicted on "powerful circumstantial evidence".[?]

MILAT WAS FRAMED FOR TOURISM $$$$$
The bodies of seven backpackers were discovered at the Belanglo Forest in 1992. The victims were German, British and Australian origin. Australia at the time of the discoveries was well advanced in its bid for the Olympic Games to be held here in year 2000.

NSW Prisoner Hunger Strike: Ivan Milat
It looks like Premier Carr's anti Milat Campaign is working well again, his application to the Judge in chambers to seek an order to be allowed to orally argue his appeal to the High Court was refused.

Brett Collins: Speech to Nagle Symposium 25 years on
I was serving 17 years, was in segregation and had served five of the almost ten I eventually did. The prison movement outside had made the Royal Commission aware of the plight I was in as one of the prisoner organisers. That attention meant I was safer from that time on. Although two years later I was returned to Grafton with the classification of intractable.

REPORT CARD ON NSW PRISONS
Ending the 'institutionalised bash' now replaced by the institutionalised 'solitary confinement' cave their heads in bash. Former Royal Commissioner Justice John Nagle and Professor Tony Vinson are the keynote speakers at a seminar this week marking 25 years since the landmark Nagle Report into NSW prisons.

Jails the new asylums?
QUENTIN DEMPSTER: Asylum seekers -- no, not what you think -- but those who are so disillusioned with the current approach of our mental health system that they believe we should go back to the old ways and rebuild the asylums.

Inside Out Community Forum
Inside Out Association of NSW Incorporated is a newly formed initiative aiming towards developing genuine educational, rehabilitative, and re-integrative programs and assistance packages for prisoners and others effected by the criminal justice system, [criminal law system.]

Government justice not personal justice
Mr Collins said that, " No one is entitled to add to the court sentence to wreak personal vengeance on the offender, this is government justice not personal justice."

Risk Assessment Tools: Justice Health
As I mentioned at the time, there are indeed a large range of actuarial tools for making such assessments, but a review of the literature shows that their ability to predict dangerousness in any one individual is next to zero (or as the Macarthur Study puts it, "the unaided abilities of mental health professionals to perform this task are modest at best"

Experts: The Prisoner's Dilemma
[One] reason we are so-so scientists is that our brains were shaped for fitness [to the peopled environment], not for truth. Sometimes the truth is adaptive, but sometimes it is not. Conflicts of interest are inherent to the human condition, and we are apt to want our version of the truth, rather than the truth itself, to prevail.

Ron Woodham my faithful Commissioner?
The Departments have all the senior legal staff, they have the brightest minds in the country and others who are willing to get their hands dirty to get the job done. They have the law and legislation which they can do with as they will, and a budget to blow your minds!

Sentencing: Violent crime and practical outcomes
It's about just deserts, time to stop and reflect, to gain insight into your offending behaviour, to learn more ideas, retribution for the victims, and to set an example for the community.

The Nagle Report 25 years on
On 25 February 2004 the Faculty of Law, University of New South Wales and the Centre for Health Research in Criminal Justice will be co-hosting a seminar to celebrate the Nagle Royal Commission. The seminar will be held in Parliament House, Macquarie Street Sydney, from 5.00pm. Entry will be free, but seating will be limited.

Practicably Perfect
Do you remember your first driving lesson? You were to steer as close to the curb when parking 'practicably' not perfectly or practically. Why? Because we are not as perfect as Premier Bob Carr wants to be seen. The degree of our mistakes depends on our experience and reflects on our upbringing and sometimes the lack of it.

Defining JA Mentoring
Mentoring is not a new concept. Justice Action graduated its first class of Mentors in December 2003. A good idea has legs of its own, and so the concept of one-on-one support for vulnerable people finding their way in society is now being taken seriously.

Call for royal commission into NSW prison health system
Mr Tony Ross a social justice activist said yesterday that a royal commission into the health system in NSW should be wide reaching to ensure that the Corrections Health Service, [Prisons Health Service], is also exposed because of reported widespread cover ups in the prisons health system.

CONS COMMIT CRIMES IN HASTE, NOW CAN REPENT AT LAWTEY Yes some peasants were out of work, hungry and desperate and had to find a way to feed their families, as they were not born with silver spoons in their mouths, Lord. They just robbed from the rich and gave to poor.

Australian prisoners numbers have increased by 50% over past 10 years In the past 10 years, the prisoner population in Australia increased by nearly 50% from 15,866 in 1993 to 23,555 in 2003, according to figures released today by the Australian Bureau of Statistics (ABS). This increase has exceeded the 15% growth in the Australian adult population in the same period.

NSW Police Association wants sentencing powers?
NSW Police Association president Ian Ball said Inspector Borland now feared for his safety because of a 63 year old man being released from prison after doing a quick 18 for manslaughter.

Conditions in the HRMU
Justice Action is trying to obtain documents on behalf of prisoners held in the Goulburn High Risk Management Unit (HRMU) from the Federal Attorney General's Department, Corrective Services Minister's Conference regarding the process described below, in which the Standard Guidelines for Corrections in Australia were adopted. This documentation will help explain the justification for the conditions in the HRMU.

Man wrongly imprisoned awarded $1m
A Sydney man who was acquitted of murder has won more than $1 million in damages for wrongful arrest and imprisonment. The New South Wales Supreme Court has agreed with Garry Raymond Nye's said that the charge was maliciously laid.

Forensic Hospital at Long Bay
NSW should reject the government decision to set up a secure forensic hospital at Long Bay - or in any place where it can be influenced by the Department of Corrective Services (DCS) (or probably Corrections Health Service (CHS) for that matter).

NSW leaves nation behind in rate and cost of jailing people
NSW not only has the most prisoners of any Australian state but also has the most violent prisoners, among the highest rates of recidivism and an increasingly expensive prison system, a Auditor-General's report says.

HRMU Solitary Confinement And Stopping Violence
I refer to your article on the (HRMU) HIGH RISK MANAGEMENT UNIT AT GOULBURN, TOTAL ABUSE OF POWER:

Database clears up crimes but not used to clear up miscarriages?
NSW Police Minister John Watkins said at the launch of a Sydney conference of international forensic experts meeting to mark 100 years of fingerprinting in NSW.

But there are Keys!
Charles Dickens said, "Life is a secret and you haven't got the key." "And you never will have."

NSW PRISONS: A TOTAL ABUSE OF POWER
We the inmates, [prisoners], at the High Risk Management Unit at Goulburn Correctional Centre, would like to ask you for help in receiving equal treatment and opportunities as other inmates, [prisoners], throughout the system. As we are told that we are not in a segregation units, [solitary confinement units], but we are treated as though we are in one.

Should Pauline Hanson have gone to gaol in the first place?: Carmen Lawrence For example, the cost of running the NSW prison system is over $530 million each year and rising. In addition, the government spends around $90 million per year on building and maintaining prisons.

WHEN THE PUNISHMENT IS THE CRIME AND PLANTING THE SEED The brutality and savagery at Grafton jail that went on for 34 years with people getting their legs and arms broken running the gauntlet through a line of prison guards with batons. Some of those prisoners who were sent to jail for non-violence and punished went on to commit some of the most heinous crimes of the century.

WHY WE SHOULD OPPOSE HOME DETENTION
The ACT Government has drafted a new Bill to implement Home Detention This very discriminatory type of sentence also punishes the family. It is questionable that it has been successful anywhere it has been tried.

Justice Kirby concerned at self-representation
High Court judge Michael Kirby says Australia's justice system is weakened by the increasing number of people representing themselves in court. Justice Kirby says he agrees with One Nation founder Pauline Hanson's concerns about the high cost of legal advice.

A veil of secrecy makes justice in jail a different kind from court justice
Although Queensland courts mete out justice, that justice ends at the gates of the Queensland prisons system where a bureaucratic and politically expedient doctrine of "out of sight - out of mind" takes control.

Hanson: I no longer support mandatory sentencing
One Nation Party founder Pauline Hanson has revealed she contemplated suicide while serving an 11-week jail term in Brisbane. Miss Hanson told about her time in jail and her future plans.

A Question of Innocence
Minister Chris Ellison: Yes we’re watching the progress of this project in NSW with great interest. This has been raised at the Standing Committee of Attorneys General and a working group is looking at this very question. I think we have to have a considered response to this proposal and on a national basis, we would need to have the cooperation of the states and territories.

Children of Prisoners' Support Group
Children of Prisoner's welcomes Ann Symonds as our first Patron at this years AGM and screening of "The Space in Between" video , and will have a visual display to demonstrate the invisible population of children effected by parental incarceration.

REMAND PRISONER BAIL REFUSED, THEN SHOT AND KILLED IN CUSTODY A Melbourne court has been told a prisoner was shot dead as he tried to escape from a hospital. The Melbourne Magistrates Court has been told remand prisoner Garry Whyte was receiving treatment at St Vincent's hospital in May last year, when he tried to escape.

NSW Corrections Health Service: Response
Prisoner: MRRC Long Bay: Corrective Health Services [Prison Health Service] in NSW fares only slightly better than CHS in the US. Force often takes the place of real medical care and custodial staff [guards] in fact must approve all CHS medical decisions.

Solitary Confinement: Our very own Alcatraz
Solitary confinement only makes prisoners more violent and inhumane, writes convicted armed robber Bernie Matthews. They were countless. Grafton floggings were routine and didn't require a reason. Everything at Grafton was routine a mindless, never-ending routine of isolation and solitary confinement that was punctuated by a screw's baton, boot or fist. The prison system called it rehabilitation.

The Sentencing (crime of murder) and parole reform act 2003
We wish for each and every prisoner to be brought in front of a Judge to have closure on their sentences, a fixed non-parole period on an individual basis, to give these people a chance to be able to rehabilitate and to stop them being used as Political Prisoners.

Prisoners as citizens and duty of care
For a long time now most learned people have been aware of the book Prisoners as Citizens. The Victorian Opposition is outraged at a confidential payout won by a prisoner injured while playing table tennis at the Melbourne Remand Centre because they can't afford the book?

Long Bay: Corrections Health Services in NSW prisons
Firstly, to call the Prison Health Service a Corrections Health Services is the first identified mistake. Nice names don't take the place of the type of service, they only attempt to cover up for a bad service, when the service is out the door....

Home detention for people who make mistakes
LEARNERS are getting home detention sentences by the State Government diverting people from the anti-social prison system.

MULTICULTURAL SISTERS INSIDE
Sisters Inside is a community organisation that works with women in prison, pre and post release. We challenge the injustices that impact on women in prison, their children and families.

NSW Terrorist Minister leads the way
New South Wales is hosting a two-day conference of state and territory prisons ministers on how to detain terrorists [scapegoats for the Coalition of the Killing's resource war's in the Middle East.]

MENTAL ILLNESS AMONG NEW SOUTH WALES PRISONERS
Anecdotal evidence from staff working in the New South Wales correctional system [prison system] has always suggested a high prevalence of mental illness among the prisoner population.

Yatala Labour Prison Adelaide Going Backwoods: response
Thank you and your team for your support. I have been trying to write you back. However the person has now stopped me from using the computers and education centre and the typewriter has been broken.

On the treatment of prisoners at the NSW HRMU
Prisoners sister's letter from her brother: Following our phone conversation some weeks ago I would like to set out a few points on the treatment of prisoners in the High Risk Management Unit at Goulburn (Super Max) (Guantanamo Bay).

Review of Justice Ministers claims about conditions at HRMU
Minister for Justice John Hatzistergos stated on 15 July 2003 concerning the prisoners at the High Risk Management Unit at Goulbourn.[Prisoners held in solitary confinement and tortured endlessly in a Supermax Prison at Goulburn.]

Lithgow Prison: This is no Irish joke!
Allow me to introduce myself to you my name is John Smith I am writing to you for your help in regards to Corrective Services Jail at Lithgow, I am a prisoner at this centre and I am serving a long sentence. I originally came from Ireland a number of years ago.

Lithgow prisoners speak out about rations
Some new issues have arisen today. A senior officer called me to the office, as they usually do to inform me of all new local orders etc concerning prisoners. The deputy governor has cut back funds for stores. Officers have been told they will issue only the following: One Toilet roll per week per prisoner One Toothbrush per month One plastic disposable spoon, fork, knife per day prisoner exchange only.

NSW PRISON CORRUPTION AT THE HRMU
The High Risk Management Unit at Goulburn [Solitary Confinement Supermax, Torture, Gulag,] alleged to have been the first Australian jail of the 21st century and the most secure in the Southern Hemisphere (it was claimed in an article SMH 14 May 2001).

The Daily Telegraph licensed to set up prisoners?
A man who smuggled a mobile phone into a Sydney jail and took pictures of stockbroker Rene Rivkin has been sentenced to 400 hours of community service.

International Prisoners Justice Day 2003
Justice Action, Prisoners Action Group and others celebrated this year's IPJD by visiting Silverwater Jail Complex and talking to the visitors as they went in and came out. We handed out copies of the media release and Framed to the visitors (who took them inside!) and showed our support for prisoners and their families, talking through the loud hailer so prisoners inside would be aware of our presence.

Weak NSW Government suspends Innocence Panel
The DNA evidence panel is under investigation and the New South Wales Innocence Panel's operations have been suspended and a review of how it works ordered.

Is Prison Obsolete?
Eileen is a senior lecturer in the School of Social Work UNSW where she teaches and researches in the areas of social policy and social development. She has been the chief researcher, and has also collaborated on projects and publications regarding prisons, the criminal justice system and women, public and social housing and indigenous matters. She has recently completed major research on ex-prisoners, accommodation and social reintegration. Eileen has been active in using research to argue for policy change in the NSW criminal justice field for some years.

Escape proof but not so the prisoners mind
Fewer prisoners escape from prison these days because they're "cemented in" by materials that do not break and by legislation that can keep prisoners in jail until they die. All new prisons are virtually unbreakable. Built out of products like perspex, concrete and steel that have no flexibility and ensure that the prisoners of today take the full brunt of all Department of Corrective Services institutional failures.

Parents on the inside leave children on the edge
They have been dubbed the forgotten generation - the innocent casualties of their parents' crimes. New research shows that in 2001 14,500 NSW children had a parent in jail. And 60,000 NSW children under 16 have experienced the incarceration of a parent, more than half enduring the trauma of separation before they turn five.

New video to create empathy in violent criminals?
Violent offenders in New South Wales prisons will be the audience for a new video put together by the victims of crime group, Enough is Enough, but nothing from the ex-prisoners, support groups, like Justice Action, because they don't rate?

Junee Prison, NSW Parliament and Noble Cause Corruption
I have not been charged with any offence. The first thing I knew was when they (the Intel officer) at Junee had me called to reception. I was then told that I was going to segregation for good order and discipline.

Beyond Bars: Sentencing reform
A spokesperson Dr Tim Anderson said, " The law reform commission was too gutless on this a few years back but re-introducing remissions (perhaps under another name) would be a valuable move best wishes".

The Australian Institute of Criminology has released the National Deaths in Custody Program annual report for 2002 Between January and December 2002, there was a total of 69 deaths in custody in Australia. There were 50 deaths in prison custody and 19 deaths in police custody and custody-related police operations.

Yatala Labour Prison Adelaide Going Backwoods
I'm a prisoner in south Australia (Adelaide), Yatala Labour Prison, I'm 39 years old with only two and a half years spent in the community since the age of 13. I came into the adult prison system in 1985; I was released in 1998 only to re-offend. I'm now doing 30 years with a 16-year non-parole period, as it's truth in sentencing in our state and there is no remission. My release date is 2016.

Inspector General of Corrective Services Debate
Below is our response to Justice Minister Hatzistergos' comments in a debate in Parliament on July 2, 2003 regarding the impending decision about the future of the Inspector General of Corrective Services in NSW.

Hatzistergos: The Daily Telegraph's prison mates
Who convinced a prisoner on periodic detention to take a mobile phone into prison to take a photo of Rene Rivkin? The prisoner said no and contacted the Daily Terror to say no.

PRISONERS OFFER OF RECONCILIATION
Premier Bob Carr, Deputy Premier Andrew Refshauge, Senator Aden Ridgeway, and other community representatives have been invited to receive the message from the men of "The Hole.

Goulburn Solitary Confinement: Midnight Special
If you ever go to Goulburn HRMU yeah, you better walk right, you'd better not breathe and sure thing better not fight. The next thing you know the SCU gonna arrest you and Rotten Ron send you down and you can bet your bottom dollar Lord, you'll be chaingang bound.

Carr defends prison handling of political PRISONER
Bob Carr should be ashamed of himself after giving the prisons Commissioner Rotten Ron Woodham another filthy job setting up Phuong Ngo as one of the most dangerous prisoners in the State.

How the QLD Dangerous Prisoners Act failed the first test
What is dangerous? Everyone is dangerous naturally it really depends on how far a person is pushed. Standing on a mountaintop with someone walking you backwoods towards the edge would promote fight or flight and if there is nowhere to fly but over the edge you may choose to respond. When a person breaks the law they lack social skills or are repressed into breaking the law.

Prison rehab programs in 'disarray': Opp
The New South Wales Opposition says rehabilitation in the state's prisons is in disarray. But the states prisons could never rehabilitate in the first place. So how can it be in disarray? The space station as it is known cannot rehabilitate because it's only a dot on the community map, as it were, in relation to how people were raised.

RESPONSE TO REVIEW OF INSPECTOR GENERAL OF PRISONS
Justice Action calls for the retention of the office of Inspector General and a restructure of the legislation making it truly independent.

Old bureaucrats to say whether they felt there should be an effective inspector of bureaucrats?
JA is urgently working on a response to the 31 page review of the position of the Inspector General of Corrective Services position released by the Minister on10/6/03.

High Risk Management Unit (HRMU) INSPECTION
This letter is to request permission for an independent inspection team to examine the 75-cell HRMU at Goulburn Jail. The proposed inspection team consists of specialist doctors, jurists, members of the Corrections Health Service Consumer Council and prisoners representatives.

MJA - BBCD Outbreaks in NSW prisons
Seems some of our friends in & around Corrections Health Service (CHS) were able to take advantage of a couple of recognised cases of needle sharing by HIV positive prisoners to gather data for a study.

Intractables
As an ex-Grafton intractable (1971-1975) and the only living ex-prisoner to have served the longest time inside Katingal (1975-1978) I feel qualified to offer the following personal observations:

Intolerable Conditions of Prisoners at Goulburn's HRMU
We wish to with respect, level a serious complaint against the Chief Executive Officer, Corrections Health Services, Dr Richard Matthews.

NSW death in custody, false imprisonment, and assault
Knight's case sparked headlines after it emerged that his suicide in John Moroney Correctional Centre [prison] in Sydney on January 22 occurred 18 days after his official release date.

Victorian (Australia) Juvenile Deaths in Custody & Post-Release has just been published on the British Journal of Medicine Quotes (BJM): "The risk of death was nine times higher in male offenders than in the reference Victorian male population. Although the estimate is unstable because of the small number of deaths, female offenders seemed to be about 40 times more likely to die than the reference Victorian female population."

The Criminal Law (Rehabilitation of Offenders) Act 1986 Qld
The Criminal Law (Rehabilitation of Offenders) Act 1986 (Qld), requires that any person who has committed an offence which is less than 10 years old or which resulted in a prison sentence of more than 30 months, must disclose that offence if requested eg. for employment purposes. If a criminal record is disclosed in a job application, it is unlikely that person will be given the job.

NSW Serious Offenders Review Council
In response to a letter we have received from Mr K C who has said that he is serving 24 years and 10 months commencing on 29/8/1991 with his earliest release date being 28/6/2016 with 4 years parole and full time 28/6/2020. He said that he contacted the Serious Offenders Review Council in writing but received no response.

Justice Action's complaints about ACM to the NSW Ombudsman fell on deaf ears The Federal Government is reviewing allegations that the company it pays to run Australia's detention centres the same company who runs Junee Jail in NSW has fraudulently reduced staffing levels in at least one centre to increase its profits.

Token Parole Board reforms silent on Govt bungle
The Carr governments token reforms of the Parole Board are minimalist and still fail to explain the election cover-up of mismanagement, which contributed to an inmate's [a prisoners] death.

PAROLE BOARD REWARDED? FOR DEADLY MISTAKE
The Justice Minister has released government reforms to the Parole Board following the death of an aboriginal inmate, which was due to a Parole Board error.

Sentencing innovation breaks vicious circle of jail terms
"Three months' jail for one punch in a pub fight is too much," said the victim. The victim's comment counted because he and the offender, Robert Bolt, a Nowra Aborigine, were making history in the first case of circle sentencing, a new way of deciding punishment for indigenous offenders.

Letter from the mother of a prisoner on remand at the High Risk Management Unit Goulburn Correctional Centre I am writing to give you permission to make any inquiries on my behalf as I am invalid pensioner who doesn't drive and been only well enough to travel by train once in 15 months to see my son Scott Simpson. I have enclosed a copy of Scott's letter and also a copy of gaol papers form I have to fill out and wait to see if I'm allowed in to see him. He doesn't get any visits. He is in the Supermax and deprived of any privileges not even legal Aid will fund a solicitor to see him in Goulburn.

WA Jail trade in 'sex for favours'
THE West Australian Government has ordered an inquiry into claims guards at Perth's main women's prison are trading favours for sex, and encouraging inmates to form lesbian relationships.

NSW prisons over-crowded. Gov't orders investigation into death in custody
In January this year, a 23-year-old Aboriginal prisoner was found hanging in his cell in a Sydney jail 18 days after he was due to be released.

Yes Minister: 'Justice Action meets John Hatzistergos Justice Mininster' We have taken a few days to pass this on, as we wanted clarification of the minister's statement about the purposes of imprisonment before publishing it.

Beyond Bars Alliance colleagues
There are certainly problems with the IG's terms of reference and the position is not nearly as strong as it should or could be but it should not be lost it should be strengthened (along the lines of the UK IG of Prisons) to provide an independent voice to the Parliament regarding activities and processes that otherwise happen behind prison walls.

Submissions for Review of Inspector General
There is a very serious attack happening on the office of the NSW Inspector General of Corrective Services. A secret and flawed review is taking place at this moment, and we call upon all individuals and organisations interested in the area to make their views known.

Two thirds of a billion dollars and DCS can't work out what authority they have? "Two thirds of a billion dollars of taxpayers money and the Department of Corrective Services can't work out what authority they have to hold the people who are in jail."

Australia: Private Prisons, Junee NSW
When I got to Junee I was given nothing except bed linen. That's it! No clothing. I had to put my name down for clothing, which they said I could get on Saturday. When I went down to get my clothing on Saturday I was told they had nothing but I was told that I could buy what I wanted on their monthly buy-up. In the mean time I got rashes between my legs from the dirty clothes I had on.

Justice Action meets with new Minister for Justice
John Hatzistergos Minister for Justice is meeting with Brett Collins and Justice Action today at 11:30 a.m.

ARUNTA PHONE SYSTEM: IDC Lithgow Prison
The prisoners of Lithgow Correctional Centre have requested that the Lithgow Inmate Development Committee write to you on their behalf and ask that the phone systems heavy burden upon the prisoners at this institution and their families be reviewed. I will outline the problems.

Health problems denied in prison
Lithgow Correctional Centre (IDC) Inmate Development Committee "Currently there are 72 inmates on the doctors waiting list with only one doctor coming fortnightly and usually on a weekend".

NSW Prisons Inmate Development Committee speaks out
I am writing on behalf of the IDC Inmate Development Committee in area 3, MSPC at Long Bay. Area 3 is where, the Department is congregating minimum-security offenders within maximum-security walls whilst awaiting mandatory programs at Cubit (Sex Offenders Program).

THE GULAG TREATMENT - The Trauma Of Court Appearances When Incarcerated Prisoner transport vehicle 10th January 2003 It's about 4.40am, very darkoutside and although I'm expecting it, it is still intrusive when my dreams are interrupted by the sound of my name, it is the officer checking that I'm awake ready to face the long day ahead.

Sir David Longland Correctional Centre
If it were possible to characterize the term B Block attitude in a modern dictionary, it would read something like "demeanor of inhabitance" or "state of mind or behaviour of occupants".

SIR DAVID LONGLAND CORRECTIONAL CENTRE QLD - CELLS IN B BLOCK The cells in B Block are like no other in any Queensland prison. After Mr. Cooper was severally embarrassed by the Abbott and Co escape on 4th November 1997, he visited B Block and the surrounding grounds. It was that visit, by Cooper, that set in motion a plan (up the ante) to make sure security in B Block would never embarrass him again. It was like closing the gate after the horse has bolted.

Inspector General Ignored On Womens Prison
Four months after a report from the Inspector General on Mulawa Correctional Centre, key recommendations involving safety and welfare of prisoners and staff have been ignored. Kathryn Armstrong (former chair of Inmate Development Committee) and Annabel Walsh, released from Mulawa Womens Prison in February, have produced an independent report confirming the findings of the Inspector General.

Distribution of: 'How to Votes in prisons'?
Justice Action have received information from Andrew Burke of the NSW Greens that they have enquired with the Department of Corrective Services as to the procedure for distributing their How To Votes in prisons in the period before the election.

Getting Justice Wrong DPP make full admissions
Back in May 2001 Nicholas Cowdery QC made an error at law by giving a speech called Getting Justice Wrong at the University of New England, Armidale Thursday, 31 May 2001. Sir Frank Kitto, Lecture now published at the DPP website. At page six, paragraph 3 under the heading:

NSW ELECTION 2003: VOTE 1 GREENS
Inspector-General: The Greens believe that the role of the Inspector-General is crucial to the proper functioning of the prison system. It has never been more important to have a powerful watchdog role than today. Section 3.11 of our Criminal Justice Policy commits the Greens to "strengthening the role of the Inspector-General of Prisons."

Long Bay Prison: The latest inside story
Private food purchases called Buy-Ups that normally take care of the prisoners additional food nutrition in Jail has been changed.

Doing time even harder: 146 prisoners far from home
The United States, however, has detained without trial about 650 men from 43 countries. They include Australians David Hicks and Mamdouh Habib, who are held at the Guantanamo Bay naval base as part of the sweep against global terrorism [scapegoats for the Coalition of the Killing's, pre-emptive strikes, occupation and genocide for resources in the Middle East.]

Human Rights 'Framed'
Here is a quick report on our Human Rights Commission approach on Framed (the quarterly magazine of Justice Action) being banned from all NSW prisons. After 42 issues went in.

Prison Privatisation: Death camps looming in NSW
I asked for the identification of the person I was speaking to and was told that I was not entitled to that information. I needed to verify the call and asked for a name or number to register my call because I was asked to get those details by my coordinator.The person refused to identify themselves either by name or number. I asked to be transferred to a senior person and was refused. The person I spoke to then hung up the phone.

Corrections Victoria and criminal acts: SCS-4\320 UPDATE
You have stated "Section 30 of the Corrections Act 1986 and the Information Privacy Act 2000, restricts the release of confidential information regarding prisoners, I therefore am unable to provide any information regarding this matter."

Death camps looming in Victoria
A letter was received on 15 January 03 from SCS-4\320 a remand prisoner in Victoria's Barwon Prison I later found out that the prisoner was in the Acacia High Security Unit.

Take crime talk beyond the bars:'lobby group'
A coalition of academics, crime experts, welfare and church groups is preparing to launch an intensive pre-election campaign aimed at refocusing the attention of NSW politicians from harsh sentencing reforms to crime prevention strategies.

Six weeks, six months, six years: inmates have little chance of making fresh start More than 15,500 people are released from NSW prisons each year, twice the number of 20 years ago. But new research shows many ex-prisoners find it impossible to reintegrate into society and, months after release, are worse off than before they went to jail.

NSW A-G moves to stop criminals and ex-criminals selling stories
From next month criminals or ex-criminals who try to profit (earn a living for paid work, like writing a book etc..) from their crimes in New South Wales will have the proceeds confiscated.

NSW Govt criticised over criminal justice record
Key criminal justice groups have described the New South Wales Government's record on justice issues as a "disappointing performance".

APPOINTMENT OF KLOK IS: 'DECLARATION OF WAR'
The decision of the Carr government to appoint John Jacob Klok as the new Assistant Commissioner for Corrective Services in charge of security represents a statement of contempt to all those concerned about law and justice in NSW.

Prisoners Representatives Excommunicated
Ron Woodham, Commissioner Corrective Services stated "[this Department] does not recognise Justice Action as an advocate on correctional centre issues." He has ordered a ban on all Justice Action material inside the NSW prison system. This resulted from a request for the approval of the latest edition of Framed (the Magazine of Justice Action) to be distributed throughout NSW prisons as has occurred for the past ten years.

Dept of Corrective Services: Rotten Ron Woodham on the ropes
This is The Freeedom Of Speech and The Press in a goldfish-bowl! Herr Goebells has spoken. Zieg Heil! (Which means, actually: "aim-for health!" incidentally)Apologies for not making meetings ... my first experiences with Woodham (then a -screw-gestapo-minor-with-a-friendly-dog - AND YOU KNOW WHAT IT MEANS WHEN EVEN HIS DOG DOESN`T LIKE HIM?)

At the Minister's Pleasure The case of Michael Kelly
Michael is caught up in a particularly cruel version of the game of Cat and Mouse. Because he is classified as a forensic patient under the Mental Heath Act of NSW, the Minister for Health is his master, not the Minister for Corrective Services. And the Minister for health will not let him go.

EX-PRISONER UNEMPLOYMENT: SENTENCED FOR LIFE
Name removed by request served time in prison decades ago. Shes still being punished today. According to commonwealth and state legislation, ex-prisoners applying for jobs must declare any conviction that fits into the following categories: less than 10 years old, more than 10 years old but served more than 30 months in prison.

ARE YOU INNOCENT?
The Australian Law Reform Commission had recommended that the Innocence Panel be independent and have the power to investigate alleged miscarriages of justice.

RESTORING TRUE JUSTICE:
Australian prisons are fast becoming the new asylums of the third millennium. The prison industry is booming, while Australia spends far less on mental health services than similar countries.

Medical records Alex Mitchell's lost world
Perhaps we can get your medical report and spew it around publicly so you can see how it feels. But surely we do not have to go that far. And of course we are law-abiding citizens and I should think it would be enough to remind you of your ethics to report at all.

NSW Department of Corrective Services attack right to privacy
Corrective Services Minister Richard Amery has a problem attacking prisoners right to privacy.It seems to us that a civil society is best served when social justice laws are applied to all people regardless of their circumstances. Once government starts making exceptions which disadvantage certain groups and individuals, such laws are meaningless.

Litigants are drowning: in the High Court
There were so many self represented litigants appearing in the High Court that more than half of its registry staff's time was taken up in dealing with them. The "go it alone" litigants have to take on tasks well above their qualified league causing them stress. This growing problem cannot be left unchecked.

Everyone wants to get out of 'jail' but 'Framed' wants life: Rotten Ron on the ropes On 2 May 2002, Justice Action received a faxed letter from Manager of DCS Operations Support Branch saying that, in his view, articles in Framed edition #42 'lack balance and integrity' and he is therefore 'not prepared to recommend this issue of Framed for placement in to correctional centre libraries.' Prisoners and those concerned about prisoner issues have very few sources of information.

Methadone addicts formed within: 'NSW Prisons'
The New South Wales Opposition has accused the State Government of turning jailed heroin users into Methadone addicts.

Murder charge first for DNA data bank link, but not the same as solving the murder Mass DNA testing of prisoners has [allegedly] led to the first NSW case of a person being charged with a previously unsolved murder as a result of a controversial gene-matching data bank.

Prisoners can prove innocence for $20?
Les Kennedy Daily Telegraph reported today that" Prisoners who believe that DNA will prove they were wrongly convicted will have the chance to prove their innocence for a mere $20 administration fee. The move comes 20 months after NSW inmates were asked to provide DNA for comparison with a databank of DNA from unsolved crime scenes for possible convictions.

NSW opposition pledges review of detention laws
A spokesperson for Justice Action Ms Anal Advice said " NSW Prisons are a sex offence if you have been raped, bashed and squatted down to be strip searched. People should be diverted from going there at all material times".

Civil libertarians condemn planned changes to prisoners' privacy rights The New South Wales Government is using a recent case involving [framed] serial killer Ivan Milat to justify its decision to remove the privacy rights of prisoners. But really just another attack on Ivan Milat from Parliament House.

The punishment: Is the 'crime'
The punishment is the crime according to retired chief Justice of the Family Court of Australia Justice Alistair Nicholson. "Smacking a child ought to be seen as assault".

NSW prisons - primary industry bailed up!
In many quiet regional centres around NSW there is a new primary industry shaping up. It has something to do with Bail but not with bales. The minister for Agriculture Richard Amery who also has the prisons portfolio is now committed to farming prisoners.

Black Nexus
The Separation of Powers Doctrine is nowcontaminated witharangeofcolours, now leaving us with a black shirt on a once blue bridge that crossed that thin blue line. The 'Amery and Woodham show'.

Prison Mind Games-Do they exist?
Directives are given inside the prison system that are not consistent with the law in NSW. And not in the good interests of the health and well being of the prisoners.

The Government is likely to abolish the Inspector General of Corrective Services position The Mulawa inspection report recommendations below strictly illustrate how important he is.

Justice Action
Justice Action is a community based organisation of criminal justice activists. We are prisoners, academics, victims of crime, ex-prisoners, lawyers and general community members. We believe that meaningful change depends upon free exchange of information and community responsibility.

Beyond Bars Alliance colleagues
I imagine all of you received Justice Action's email yesterday regarding the position of Inspector General of Corrective Services.

Community Restorative Centre
NSW spends more than half a billion tax dollars a year on prisons. It costs $60,000 to keep someone in maximum security for a year: more than double the minimum wage. CRC looks for and implements better solutions to the high social and economic costs of crime.

Sisters Inside Inc
Sisters Inside Inc. is an independent community organisation, which exists to advocate for the human rights of women in the criminal justice system, and to address gaps in the services available to them. We work alongside women in prison in determining the best way to fulfil these roles.

Smart Justice
Smart Justice does not support any party but calls for investment in prevention, alternatives to custody and initiatives that tackle the causes of crime. It is important to dispel the myths about 'law and order' and promote real solutions to crime and violence.

Shine For Kids
What happens for a young person who has a parent in prison?There are a lot of consequences for children or young people who have a parent in prison. During Groupwork the kids themselves have identified as being:

Children of Prisoners' Support Group
Children of Prisoner's welcomes Ann Symonds as our first Patron at this years AGM and screening of "The Space in Between" video , and will have a visual display to demonstrate the invisible population of children effected by parental incarceration.