Lay Observers Information Leaflet

Background

Lay Observers are appointed by the Secretary of State under the Criminal Justice Act 1991 (CJA1991), to check on the welfare of prisoners while they are in the care and custody of the Escort contractors.

The escort of prisoners from prisons and police stations to courts in England and Wales is contracted out to the private sector and is managed by the Ministry of Justice.

Terms and Duties

This is a voluntary unpaid role for which, you will be reimbursed for your travel expenses and be entitled to claim subsistence at Treasury approved rates.

You will mainly visit courts to speak to prisoners about their treatment by prisoner custody officers, you will also inspect the cellular vehicles and visit police stations and prisons to observer the hand over of prisoners to and/or from the contractors. At the end of each visit you will have a report

form to complete with any concerns or recognition that you may wish to convey.

Qualities and abilities

A measure of a civilised country is how it treats its prisoners. Escort contractors have an excellent record of treating prisoners decently. Lay Observers represent the public to ensure that the standards of care are maintained.

The first contact that defendants have with the wider Criminal Justice System is through the courts where they are in the custody of escort contractors. This can be a very unsettling time; a time when they may be at their most vulnerable, especially those remanded into custody or given a custodial sentence.

Bearing this in mind, we are looking for people to join the organisation from all walks of life. You will need to be able to approach prisoners and grade their perception of their treatment. Also, you will need to assess the physical environment for prisoners and assess it accordingly. We are looking for people who have the ability to work constructively with others to establish a national approach to monitoring.

Historical context

Before 1993, the police and Prison Service undertook the escort of prisoners and their custody at court in England and Wales. The police escorted prisoners to magistrates’ courts from police stations and prisons and they staffed the custody areas and docks in the courts. The Prison Service

was responsible for the escort of prisoners to Crown courts and for staffing the custody areas and docks.

Current Legislation

The CJA 1991 permitted prisoner custody officers (PCOs) employed by the private sector to carry out this work. The Act built in certain safeguards;

 PCOs would have to be certificated by the Secretary of State as being fit to carry out this work

 Contract Monitors (now called Contract Delivery Managers) would be appointed to oversee the arrangements

 A panel of lay observers would be appointed to check on the welfare of prisoners while in the custody of the contractors

By 1996 the escort of all prisoners, with the exception of the high risk Category A prisoners, was contracted out. Lay observers inspect the conditions in which prisoners are escorted and held in custody by contractors.

Your role

This means visiting the following establishments:

Courts To observe the treatment and conditions in the custody areas

Prisons To observe the handover of prisoners from the prison into the care and custody of the contractor at the beginning of the day; and vice versa at the end of the day

Police To observe the handover of prisons into the care and custody

Stations of the contractors

Contractors’ To inspect the condition of the vehicles and care of prisoners

vehicles while on the vehicles

While there you will:

 Speak to prisoners and contractors’ staff

 Want to know whether prisoners have been given a drink and meals

 Whether they have been given access to their legal representative; and whether the conditions in the cells are reasonable

We have a standard report form to be completed during each visit and reports are submitted electronically via our website setting out any concerns you may have.

First steps

At present before you can undertake any visits you will need to receive an enhanced level of clearance, including a Disclosure and Barring (DBS) check, as you may come into contact with juvenile prisoners aged between 15 and 17.

You will be given a copy of the Lay Observer Code of Practice, which expands on the information in this brochure and contains a practical guide on your role. You will undertake a six month probationary period during which you will receive full training and be allocated a mentor who will accompany you on your first few visits.

When you have completed the probationary period successfully the Minister’s senior officials, on behalf of the Secretary of State, will consider your Appointment for public office.

Your Group Coordinator will then discuss a visits schedule with you.

How much time you devote to this work depends on a number of factors; how many lay observers there are to cover the work of your Group, the number of courts covered by your Group, the size and type of court and your own personal circumstances. In general, though, you will be expected to undertake a minimum of two visits a month. Each visit can take between two and four hours.

Visits to courts are usually made between 0900 hrs and 1500 hours. Visits to prisons are usually made between 1600 and about 1900 hours. You will be invited to Group meetings which take place on a regular basis, usually every three months or so. It is not imperative that you go to all meetings so long as you let your Group coordinator know of any concerns that you would like discussed.

We hope that you find the information contained in this leaflet interesting and has encouraged you to apply.

Please feel free to contact the Lay Observers administration at LOrecruitment.gsi.gov.uk or telephone 0203 334 3263.

Complaints Process

Applications to the Lay Observers are regulated by the Commissioner for Public Appointments.

If you feel that you have any complaint about any aspect of the way your application has been handled, we would like to hear from you. In the first instance please write, or e-mail, the IMB Secretariat at the address or e-mail address given below quoting the appropriate reference.

Lay Observers’ Secretariat

9th Floor, 9.52,

102 Petty France

London, SW1H 9AJ

E-mail address:

Complaints must be received by the Public Appointments Team within 12 calendar months of the issue or after the recruitment competition has closed, whichever is the later.

Your complaint will be acknowledged within 2 working days of receipt and answered as quickly and clearly as possible; at the most within 20 working days of receipt. If this deadline cannot be met we will inform you why this is the case and when you can expect a reply.

Taking it further

If, after receiving a comprehensive response, you are still concerned, you can write to the address below:

Commissioner for Public Appointments

Room G/8, Ground Floor

1 Horse Guards Road

London, SW1A 2HQ

The Commissioner for Public Appointments regulates and monitors appointments to public bodies to ensure procedures are fair. More information about the role of the Commissioner and his Code of Practice is available from http://publicappointmentscommissioner.independent.gov.uk/

For full details of the complaints process for public appointments please click on the following link which will take you to the Commissioner for Public Appointments website

http://publicappointmentscommissioner.independent.gov.uk/contact-us/

Alternatively please contact the Commissioner’s office on 020 7271 0831 for a printed copy.