2.15 The completed Person Escort Record (PER) form that must accompany each new prisoner, and any other available documentation, must be examined in Reception to identify any immediate needs and risks already recorded. Staff should also be aware that in cases where a prisoner has been remanded by the Courts, there will be a requirement to examine the PER for any indication of a risk to witnesses/victims (this will be highlighted on Form MG6 from the police), which will necessitate restrictions being placed on their communications (see PSI 46/2011 Tackling Witness Intimidation by Remand Prisoners). The prisoner must also be interviewed, in private if possible, to discover and record any further immediate needs and risks, and any other information about the prisoner that may be relevant, particularly during their first night in custody. Alerts on Prison-NOMIS must be created and updated.
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In 2012 the Independent Police Complaints Commission (IPCC) published a report on all reported deaths that has occurred in police custody from January 2000 to December 2010. In that period there were 5,998 deaths in custody recorded, a number that averages 545 deaths per year (IPCC, 2011) although critics claim that this number is grossly understated by the IPCC (Stickler, 2012). It was suggested that the IPCC had used underhand measures to lessen the number of deaths that qualified for the report; specifically that it did not include deaths of individuals who died from direct restraint as they had not been placed under arrest, therefore were not the responsibility of the police force. This could lead the public lacking confidence in the police or taking action against them.
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The SPS young people’s strategy seeks ‘to use the time a young person spends in custody to enable them to prepare for a positive future’ (SPS Vision for Young People in Custody). Its implementation has included a broadening of the kinds of activity and services available to children and young people, upgraded facilities and enhanced staff training. The intentions of the strategy require sufficient time to get to know the young person and work with them to assess their strengths and needs, then plan and carry out a programme to enable them to build their skills, and finally to prepare them and those who will support them in the community for their release. Lengths of sentence have a bearing on how much can be achieved during a period of custody. We consider below what we know about sentence lengths, from two sources.
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In Chapters 4 to 6 of this report, we will examine the levels of disadvantage – relating to, among other matters, self-harm, mental health problems and experiences of loss or abuse – among our sample. Here, we are interested in welfare-related items specifically noted on Asset as having a bearing on the children’s past or likely future experiences of custody. The core Asset form includes a section on ‘indicators of vulnerability’, which includes a question about known problems during previous experiences of custody. Twenty-one children in the sample, or 29% of those who have had some prior experience of custody, were identified as having previously had problems when in custody. In six of these cases, these problems did not necessarily relate to the individual’s welfare, but concerned the use of violence or making of threats to other children in custody. In a further six cases, the identified problem was self-harm, while another six were said to have been bullied or generally to have had problems coping with custody. No information on the problems faced in custody was provided in the remaining cases.
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In February 2014, the Crisis Care Concordat was signed by more than 20 national organisations in England in a bid to drive up standards of care for people in mental health crisis. The Concordat, sought to build on other announcements on mental health care, These have included liaison and diversion schemes e.g. placing mental health professionals in police custody and court settings to help identify mental health problems in offenders as early as possible In addition a number of areas have developed versions of street triage schemes where ( mental health clinicians – typically trained nurses- accompany police officers when making emergency responses to people suffering from a mental health crisis. The nurses may also advise and support officers by telephone) As College of Policing Chief Executive Chief Constable Alex Marshall has stated: “The Concordat is a strong statement of intent of how the police, mental health services, social work services and ambulance professionals will work together to make sure that people who need immediate mental health
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incarceration are also high relative to those outside of Europe: for instance, the rate of custody in Hong Kong which has "one of the highest imprisonment rates in Asia" is 141 per 100,000 (Chui and Cheng, 2014). By contrast, the pattern of incarceration for children has, following a period of rapid growth mirroring that of adults, shown a sharp decline from 2008 onwards (Bateman et al, 2013). That trend has continued in the period since the publication of the last literature review update. In August 2014, there were 1,068 children detained in custody, fewer than at any date since April 2000 when the Youth Justice Board began to collect figures in their current form, notwithstanding modest rises in June and July of this year. The figure represents a decline in the imprisoned child population of 171 in comparison with 12 months previously and a fall of more than 64% compared to the highpoint in the period since 2000, reached in May 2008 (Ministry of Justice, 2014a). The young adult prison population has also fallen, but the trajectory has not been so marked as that for children. As noted in the literature review, the number of young adults aged 18-20 in custody fell by 16% between 2008 and 2012. Since then, the rate of decline appears to have accelerated. As shown in table 1, on 30 June 2014, the young adult prison population was 9% lower than the population had been 12 months earlier; and 28% lower that it had been two years previously. Over the same period, the use of custody for young people aged 21-24 has also continued to reduce, although the falls have been more modest and the decline appears to be slowing. On 30 June 2014, the custodial population for this age group was 12,473, 11% lower than in June 2012, and 3% lower than in June 2013 (Ministry of Justice, 2014b).
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The solicitor said that he was “horrified and shocked” to hear that not all solicitors were complying with the contractual requirement to speak to their client within 45 minutes of receiving a referral for legal advice. Commenting on practice in his firm, the solicitor said that this would not be tolerated and legal advisers would be disciplined for not trying to speak to clients over the telephone. However, he did accept that it can be difficult and time-consuming for solicitors to try and talk to a client in custody, which could deter them from making the effort to do so. When describing the process involved, for example, the solicitor said that they have to use the police 101 national number and listen to an automated message before entering the eight-digit extension for the custody suite. They then have to wait for the phone to be answered and, having got through, they are invariably told that custody staff are too busy to arrange for the client to be brought to the phone. He would be given a direct number and told that the police would call him back shortly. After 10 minutes or so, without receiving the call, the solicitor said he would dial the number given, but, generally, the call was not answered. He then had to start the process all over again by calling 101. 18
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establishments are based. Race and ethnicity are considered to add to vulnerability 44 and are characteristics associated with likelihood of victimisation 45 . Such disparity negatively impacts on experience and services provided and may not meet individual cultural need. Importantly, albeit within a sample of adult males, research indicates that coping strategies and use of support systems varies between ethnic groups in the custodial environment 46 , which includes disproportionate likelihood to self-isolate. This has important implications for how sites care for children and young people in custody, which needs to be responsive to race and ethnicity. This is not only a moral duty, but a legal duty in accordance with the Equalities Act (2010).
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Nineteen year old Zahid Mubarak was murdered in March 2000 by a racist cell mate shortly before he was due to be released. He was serving a sentence of 90 days’ detention at Feltham young offender institution (YOI). Robert Stewart, who committed the offence, was known to have racist views. He had previous convictions for violence, had manifested violent behaviour in custody and had bragged about his intention to commit murder. It was also recognised that he had mental ill health difficulties. A public inquiry, whose report was published in 2006 found over 186 failings across the prison system, and made 88 recommendations designed to “reduce the risk of something like this ever happening again”. (HM Inspectorate of Prisons, 2014: 6)
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When community health responses or treatment options are overstretched or do not exist, people who need treatment or support for mental health problems often find themselves in and out of police stations, courts and prisons instead, with all the distress and upheaval this brings. Over-reliance on criminal justice interventions when a health-led approach would be more effective leads to poor re-offending outcomes and heavier workloads for police, prosecution, court and probation services and puts added pressure on prison places. More fundamentally, it raises serious ethical questions, as discussed at the beginning of this chapter. Prisons in developed and less developed countries alike contain large numbers of people whose health, already poor, will only worsen during their time in custody. In countries where community health standards are poor, prisons – especially overcrowded ones – will inevitably struggle to make even basic provision for disease prevention, screening and healthcare, presenting major risks for public health. The important goals of rehabilitation and preparation for release are defeated when there are no resources to achieve them, or when conditions and healthcare provision are so poor as to threaten prisoners’ health.
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Resettlement project worker Research has indicated that various activities in custody can help people explore and construct more positive identities, including prison arts projects (McNeill et al, 2011; Lockwood and Hazel, 2014b), theatre work (Davey et al, 2015) and sports (Meek and Lewis, 2014; cited Bateman and Hazel, 2014b). However, HMIP noted the lack of emphasis on constructive leisure activities for young people leaving custody and recommended greater planning and promotion for their use (HMIP, 2015:11). Such activities are crucial in developing both self-esteem and roles for the young person, allowing them to attach a particular positive skill or interest to their identity (e.g. ‘good athlete’ or ‘dancer’).
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Girls interviewed for the research expressed a clear view that resettlement services – in custody or in the community – needed to respond to service users’ definition of the problem if they were to be effective. Engagement was more likely where services were interesting or enjoyable in their own right, offered emotional or practical support, addressed problems identified by the girls themselves, or were in some manner perceived by them as relevant to their future prospects. Relationships with staff were regarded as vitally important and girls tended to distinguish between professionals who they thought cared about them and those that they believed did not. Workers within the former category were distinguished by the fact that they exhibited ‘compassion’, which was in turn demonstrated, at least in part, by putting in place interventions for the girls’ future at an early stage that were consistent with their self-defined needs and interests, since this was interpreted as evidence that staff were concerned about what happened to them on release and beyond.
Interventions should ensure that they help build self-esteem in the young person. This helps to combat the vulnerabilities and disempowerment that often characterise young people in custody, and helps to sustain their motivation to change. Empowerment, which is interrelated with a developing positive identity, will help the young person make constructive choices in relation to their behaviour, recognise their strengths and the worth of their roles. However, practitioners should be aware that failure to fulfil promises of support can derail the shift in identity by undermining the young person’s confidence in a new narrative. Failure to provide support – particularly structural support for identified pathways – can introduce demotivation and disillusionment in the change process for a young person and lead to relapses and reoffending.
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In custody, immigration expertise was often called out to arbitrate upon ‘nationality disputes’. Their presence relieved police officers from assuming the distasteful task of spotting ‘non-GB’ citizens, as the labeled of institutional racism still loomed large in officers’ consciousness (Loftus 2009, 64). Observations of custody practices revealed how racialized markers were used as proxies for nationality, percolating police’s crime typologies. Such forms of identification were seen as obvious and uncontroversial for identifying ‘foreigners’, rather than as potentially racist practices, 16 and offer insights on ideas and imageries of who counts as British. In one instance a suspect presented himself as Romanian, but a custody officer recognized him as Albanian based on his look and accent (fieldnotes, November 2017). Similarly, a British accent was an indication of being ‘home grown’ and likely to be British when other proxies (name, place of birth or ethnicity) made the person suspect. Evidence of the racialization of British citizenship through immigration enforcement (Romero 2008, Chacón and Coutin 2018, Parmar 2018), non-white suspects ‘who claim to be British’ were
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participant. This was the sum score achieved in relation to the working conditions that met the criteria for consideration as a psychosocial hazard. To investigate the relationship between psychosocial hazard exposure and burnout a series of three multiple regression analyses were performed using the burnout dimensions (EE, DP, PA) as dependent variables. A hierarchical approach was followed, entering age, gender (coded as 0 = female, 1 = male), and tenure in custody in Step 1 in order to control for the influence of these variables, and psychosocial hazards in Step 2. To address the fifth aim, participants were dichotomised on the basis of burnout scores. A high degree of burnout is reflected in scores in the upper third of the normative distribution based on scores contributed by workers from various
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Besides the replication of earlier research, the innovative contribution of this study was to demonstrate whether correlates of physical custody arrangements had changed over time, as a result of changing custody legislation. Our results showed that the negative association between parental conflict and joint physical custody disappeared after 1995. Fehlberg et al. (2011) argue that the legal presumption of joint physical custody in Australia could have led to more parental conflict because of the terminology used in the law. The concept of „equal time‟ was introduced by the legislature to strive for gender neutrality, but it may have created the expectation that joint physical custody is a „parental right‟. The attention has been shifted away from enabling continuity in the parent-child relationship toward an equal division of children‟s time between both parents (Mcintosh 2009). A second reason for the decreased association between parental conflict and custody type may be the higher incidence of court-imposed joint physical custody situations due to legal presumptions. An example from the Swedish context shows that since shared residence became the default in Sweden in 1998, joint custody has been more frequently imposed on high-conflict couples (Singer 2008). The 2006 Belgian law stipulates explicitly that joint physical custody must be investigated (and can be imposed) by the judge, particularly when there is no agreement between parents. Thus the likelihood of joint physical custody may be increased when there is a non- cooperative parental climate. Also in Australia, a legal presumption increased the number of court-imposed joint physical custody cases (Cashmore et al. 2010; Fehlberg et al. 2011). As noted twenty years ago by Rothberg (1983), parental flexibility and interaction are essential requirements for workable custody arrangements, but may conflict with the rather rigid schedules imposed by courts.
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In Kapur’s novel the children become the family’s material stakes. Ishita convinces her husband to manipulate events invent lies over Roohi’s illness. She exercises power over the small child by teaching her what she has to say in court in order to win the custody of the little girl. Their lawyer, a friend of the family does not oppose to Ishita and Raman. Their unscrupulous behavior undoubtedly manifests that the more the members of a normative patriarchal family confines themselves to its social internal structures to maintain power over others and have control of their possessions the more they transgress ethics and democratic laws. More appreciative was the insight into the difficult situation divorce puts the children in. Through Arjun and Roohi we are shown how a perfect childhood can get messed up and how the care takers egos and their personal desires can take a tool on the innocents. Some of the most well chapters were those involving the kids and how the adult’s fiddling with their mind cannot only coerce them but as well leave a lasting impression that eventually make them into adults with troubled emotions. Ishita cannot dominate the boy who is older and capable of discerning her dishonest behavior, but she can control the little girl, Roohi, to whom she gives a new name, Roopi. This new name represents that the child is hers and not Shagun’s. To a certain extent the readers feel compassion for the barren Ishita who still suffers from the reminiscences of her past frustrations and social ostracism. As she is under society’s constant supervision she needs to demonstrate to herself and to the others that she is a good loving mother for Roohi. Entrapped in such suffocating family, her egoistic love compels her to break whatever democratic ethical agreements set. As a victim of the norms of patriarchal normative households, Ishita turns into the worst oppressor: She never speaks to Shagun; nor does she make the effort to understand her as a mother and woman who also wants to be happy. Roohi’s custody constitutes Ishita’s last chance to cure her past frustrations and be accepted as a good mother and exemplary wife among those dictate or abide by patriarchal socio- cultural norms.
We contend that using variation in the timing of joint-custody reforms across states to identify the causal effect of joint custody on child-support receipt is a better approach than IV because of the many problems associated with the IV approach (Nelson and Startz 1990a; 1990b; Bound et al. 1995; Staiger and Stock 1997). The natural experiment approach we take is generally thought to protect against endogeneity associated with the policy variable; in the case of joint custody, selection bias is a major concern. It is likely that family-level unobserved heterogeneity affects child-support receipt and is also correlated with whether or not the post- dissolution family has a joint-custody arrangement. Hence, we believe the differences-in- differences (DD) approach generates a ―cleaner‖ estimate of the effect of joint custody on child- support receipt because it allows us to control for unobserved heterogeneity through the separation of families into ―treatment‖ and ―comparison‖ groups . However, there are well known problems associated with the DD estimator, most notably that the standard error associated with the policy estimate is often understated (Bertrand et al. 2004). To address this potential problem, we cluster standard errors at the state-time level. 11
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First, as a direct result of our country’s archaic child custody laws, judicial practices and bureaucratic policies, millions of fit, loving, and dedicated parents have been literally pushed away from their children. The misguided notion that upon divorce or separation of their parents, children need only ONE parent, permeates our country’s judiciary, legislative bodies and social service agencies. Because of this attitude, we typically assign complete ownership and control of these children to ONE parent – the custodial parent. We relegate the OTHER parent, regardless of his/her fitness or demonstrated history of responsibility, to the status of “visitor” and “non-custodian,” whose primary function is to send money. The first disincentive to being a financially responsible parent is pro- vided at the onset of this process. Stripping a parent of his/her parental rights, referring to him/her in denigrating terms, and treating him/her as only a finan- cial resource is a highly effective DEMOTIVATOR! Congress must recognize that parental rights and responsibilities go hand in hand and that any policy it formulates or supports which diminishes the role of either parent will be coun- terproductive to its child support and child welfare initiatives.
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