Publications and research
In this section we highlight publications and research relating to foreign national prisoners and immigration detainees.
HM Inspectorate of Prisons (2006) Foreign national prisoners: A thematic review
This report from the Prisons Inspectorate - the last major review of the treatment of foreign nationals in the prison estate - highlights that foreign nationals, though a divergent group, have a recognisable cluster of specific needs, and identifies "three that are both serious and prevalent, across all groups: language, family links and immigration." As it notes, "the three are interlinked, and can result in isolation, depression and confusion." It highlights, therefore, that "it is essential to have a national strategy for the treatment of foreign national prisoners. That strategy must be backed by auditable standards, service level agreements or contractual requirements that ensure that each individual prison has in place the processes and resources needed to make sustained progress in this long-neglected area." To read the full report, click here. You can also read the follow-up report, published in 2007, here.
Independent Chief Inspector of the UK Border Agency (2011) A thematic inspection of how the UK Border Agency manages foreign national prisoners
This thematic inspection highlights a number of areas of concern relating to the UK Border Agency's management of foreign national prisoners, including the near-blanket of use of post-sentence detention for foreign nationals being considered for deportation. The report notes that by January 2011, over 1,600 foreign national prisoners were detained under immigration powers at the end of their custodial sentence, and that the average length of detention had increased from 143 days (in February 2010) to 190 days. It also highlights "a significant disparity between the Agency’s and the courts’ interpretation of whether a foreign national prisoner should be entitled to remain in the UK on human rights grounds", and says that UKBA "must do more to align its decision-making with the judgement of the courts". To read the report, click here. The UK Border Agency's response to the report is available here.
Prison Service Journal (2013) Migration, nationality and detention - special edition
This special edition of the Prison Service Journal, published in January 2013, includes articles by Kizza Musinguzi, a former detainee, on his experience of detention; Dr Mary Bosworth and Dr Blerina Kellezi, on 'Developing a measure of the quality of life in detention'; Hindpal Singh Bhui on 'The changing approach to child detention and its implications for immigration detention in the UK'; Dr Ana Aliverti on 'Sentencing in immigration-related cases: the
impact of deportability and immigration status'; and Francesca Cooney of the Prison Reform Trust on 'Double punishment: The treatment of foreign national prisoners'. The full issue is available here.
Prison Reform Trust and Hibiscus (2012) No way out: A briefing paper on foreign national women in prison in England and Wales
This joint briefing paper from the Prison Reform Trust and Hibiscus highlights that too many vulnerable foreign national women are locked up for non-violent crimes and have often been trafficked or coerced into offending. It argues that by failing to recognise the path of these women into crime and address their specific needs and vulnerabilities, the UK authorities are wasting taxpayers’ money on needless imprisonment and could be in breach of international legal obligations to protect the victims of human trafficking. It calls for the development of a national strategy for the management of foreign national women in the justice system that addresses their particular needs and vulnerabilities. To read the paper, click here.
Prison Reform Trust (2004) Going the distance: Developing effective policy and practice with foreign national prisoners
This report draws on published evidence and original research in seven prisons, as well as the extensive first-hand experience of the author of the report, Hindpal Singh Bhui, of working with foreign national prisoners as a probation officer at Wandsworth prison. The report looks at three main areas: the experiences and needs of foreign national prisoners; what can be learn from the successful foreign national strategy originally developed in HMP Wandsworth; and what the Prison Service should do to promote effective local and national policy and practice with foreign national prisoners. To read the report, click here.
Criminal Justice Alliance (2012) Crowded out? The impact of prison overcrowding on rehabilitation
The Criminal Justice Alliance, which DAS is a member of, is a coalition of more than 60 organisations - including campaigning charities, voluntary sector service providers, research institutions, staff associations and trade unions - involved in policy and practice across the criminal justice system. This report looks at the effects of overcrowding on rehabilitation within the prison estate, and highlights that there are a number of groups for whom prison should not be used, including immigration detainees. To read the report, click here.
HM Inspectorate of Prisons (2006) Foreign national prisoners: A thematic review
This report from the Prisons Inspectorate - the last major review of the treatment of foreign nationals in the prison estate - highlights that foreign nationals, though a divergent group, have a recognisable cluster of specific needs, and identifies "three that are both serious and prevalent, across all groups: language, family links and immigration." As it notes, "the three are interlinked, and can result in isolation, depression and confusion." It highlights, therefore, that "it is essential to have a national strategy for the treatment of foreign national prisoners. That strategy must be backed by auditable standards, service level agreements or contractual requirements that ensure that each individual prison has in place the processes and resources needed to make sustained progress in this long-neglected area." To read the full report, click here. You can also read the follow-up report, published in 2007, here.
Independent Chief Inspector of the UK Border Agency (2011) A thematic inspection of how the UK Border Agency manages foreign national prisoners
This thematic inspection highlights a number of areas of concern relating to the UK Border Agency's management of foreign national prisoners, including the near-blanket of use of post-sentence detention for foreign nationals being considered for deportation. The report notes that by January 2011, over 1,600 foreign national prisoners were detained under immigration powers at the end of their custodial sentence, and that the average length of detention had increased from 143 days (in February 2010) to 190 days. It also highlights "a significant disparity between the Agency’s and the courts’ interpretation of whether a foreign national prisoner should be entitled to remain in the UK on human rights grounds", and says that UKBA "must do more to align its decision-making with the judgement of the courts". To read the report, click here. The UK Border Agency's response to the report is available here.
Prison Service Journal (2013) Migration, nationality and detention - special edition
This special edition of the Prison Service Journal, published in January 2013, includes articles by Kizza Musinguzi, a former detainee, on his experience of detention; Dr Mary Bosworth and Dr Blerina Kellezi, on 'Developing a measure of the quality of life in detention'; Hindpal Singh Bhui on 'The changing approach to child detention and its implications for immigration detention in the UK'; Dr Ana Aliverti on 'Sentencing in immigration-related cases: the
impact of deportability and immigration status'; and Francesca Cooney of the Prison Reform Trust on 'Double punishment: The treatment of foreign national prisoners'. The full issue is available here.
Prison Reform Trust and Hibiscus (2012) No way out: A briefing paper on foreign national women in prison in England and Wales
This joint briefing paper from the Prison Reform Trust and Hibiscus highlights that too many vulnerable foreign national women are locked up for non-violent crimes and have often been trafficked or coerced into offending. It argues that by failing to recognise the path of these women into crime and address their specific needs and vulnerabilities, the UK authorities are wasting taxpayers’ money on needless imprisonment and could be in breach of international legal obligations to protect the victims of human trafficking. It calls for the development of a national strategy for the management of foreign national women in the justice system that addresses their particular needs and vulnerabilities. To read the paper, click here.
Prison Reform Trust (2004) Going the distance: Developing effective policy and practice with foreign national prisoners
This report draws on published evidence and original research in seven prisons, as well as the extensive first-hand experience of the author of the report, Hindpal Singh Bhui, of working with foreign national prisoners as a probation officer at Wandsworth prison. The report looks at three main areas: the experiences and needs of foreign national prisoners; what can be learn from the successful foreign national strategy originally developed in HMP Wandsworth; and what the Prison Service should do to promote effective local and national policy and practice with foreign national prisoners. To read the report, click here.
Criminal Justice Alliance (2012) Crowded out? The impact of prison overcrowding on rehabilitation
The Criminal Justice Alliance, which DAS is a member of, is a coalition of more than 60 organisations - including campaigning charities, voluntary sector service providers, research institutions, staff associations and trade unions - involved in policy and practice across the criminal justice system. This report looks at the effects of overcrowding on rehabilitation within the prison estate, and highlights that there are a number of groups for whom prison should not be used, including immigration detainees. To read the report, click here.
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