COUNSIL OF EUROPE

The Committee of Ministers, under the terms of Article 15.b of the Statute of the Council of Europe,

Considering the importance of establishing common principles regarding penal policy among the member states of the Council of Europe;

Noting that, although considerable progress has been made in developing non-custodial alternatives for dealing with offenders, the deprivation of liberty remains a necessary sanction in criminal justice systems;

Considering the important role of international rules in the practice and philosophy of prison treatment and management;

Noting, however, that significant social trends and changes in regard to prison treatment and management have made it desirable to reformulate the Standard Minimum Rules for the Treatment of Prisoners of the Council of Europe (Resolution (73) 5) so as to support and encourage the best of these developments and offer scope for future progress,

Recommends that the governments of member states be guided in their internal legislation and practice by the principles set out in the text of the European Prison Rules, appended to the present Recommendation, with a view to their progressive implementation with special emphasis on the purposes set out in the preamble and the rules of basic principle in Part I, and to give the widest possible circulation to this text.

The purposes of these rules are:

a. to establish a range of minimum standards for all those aspects of prison administration that are essential to human conditions and positive treatment in modern and progressive systems;

b. to serve as a stimulus to prison and administrations to develop policies and management style and practice based on good contemporary principles of purpose and equity;

c. to encourage in prison staffs professional attitudes that reflect the important social and moral qualities of their work and to create conditions in which they can optimise their own performance to the benefit of society in general, the prisoners in their care and their own vocational satisfaction;

d. to provide realistic basic criteria against which prison administrations and those responsible for inspecting the conditions and management of prisons can make valid judgements of performance and measure progress towards higher standards.

It is emphasized that the rules do not constitute a model system and that, in practice, many European prison services are already operating well above many of the standards set out in the rules and that others are striving, and will continue to strive, to do so. Wherever there are difficulties or practical problems to be overcome in the application of the rules, the Council of Europe has the machinery and the expertise available to assist with advice and the fruits of the experience of the various prison administrations within its sphere.

In these rules, renewed emphasis has been placed on the precepts of human dignity, the commitment of prison administrations to humane and positive treatment, the importance of staff roles and effective modern management approaches. They are set out to provide ready reference, encouragement and guidance to those who are working at all levels of prison administration. The explanatory memorandum that accompanies the rules is intended to ensure the understanding, acceptance and flexibility that are necessary to achieve the highest realistic level of implementation beyond the basic standards.

1. The deprivation of liberty shall be effected in material and moral conditions which ensure respect for human dignity and are in conformity with these rules.

2. The rules shall be applied impartially. There shall be no discrimination on grounds of race, colour, sex, language, religion, political of other opinion, national or social origin, birth, economic or other status. The religious beliefs and moral precepts of the group to which a prisoner belongs shall be respected.

3. The purposes of the treatment of persons in custody shall be such as to sustain their health and self-respect and, so far as the length of sentence permits, to develop their sense of responsibility and encourage those attitudes and skills that will assist them to return to society with the best chance of leading law-abiding and self-supporting lives after their release.

4. There shall be regular inspections of penal institutions and services by qualified and experienced inspectors appointed by a competent authority. Their task shall be, in particular, to monitor whether and to what extent these institutions are administered in accordance with existing laws and regulations, the objectives of the prison services and the requirements of these rules.

5. The protection of the individual rights of prisoners with special regard to the legality of the execution of detention measures shall be secured by means of a control carried out, according to national rules, by a judicial authority or other duly constituted body authorised to visit the prisoners and not belonging to the prison administration.

6. 1. These rules shall be made readily available to staff in the national languages;

2. They shall also be available to prisoners in the same languages and in other languages so far as is reasonable and practicable.

Reception and registration

7. 1. No person shall be received in an institution without a valid commitment order.

2. The essential details of the commitment and reception shall immediately be recorded.

8. In every place where persons are imprisoned a complete and secure record of the following information shall be kept concerning each prisoner received:

a. information concerning the identity of the prisoner;

b. the reasons for commitment and the authority therefor;

c. the day and hour of admission and release.

9. Reception arrangements shall conform with the basic principles of the rules and shall assist prisoners to resolve their urgent personal problems.

10. 1. As soon as possible after reception, full reports and relevant information about the personal situation and training program of each prisoner with a sentence of suitable length in preparation for ultimate release shall be drawn up and submitted to the director for information or approval as appropriate.

2. Such reports shall always include reports by a medical officer and the personnel in direct charge of the prisoner concerned.

3. The reports and information concerning prisoners shall be maintained with due regard to confidentiality on an individual basis, regularly kept up to date and only accessible to authorised persons.

The allocation and classification of prisoners

11. 1. In allocating prisoners to different institutions or regimes, due account shall be taken of their judicial and legal situation (untried or convicted prisoner, first offender or habitual offender, short sentence or long sentence), of the special requirements of their treatment, of their medical needs, their sex and age.

2. Males and females shall in principle be detained separately, although they may participate together in organised activities as part of an established treatment programme.

3. In principle, untried prisoners shall be detained separately from convicted prisoners unless they consent to being accommodated or involved together in organised activities beneficial to them.

4. Young prisoners shall be detained under conditions which as far as possible protect them from harmful influences and which take account of the needs peculiar to their age.

12. The purposes of classification or re-classification of prisoners shall be:

a. to separate from others those prisoners who, by reasons of their criminal records or their personality, are likely to benefit from that or who may exercise a bad influence; and

b. to assist in allocating prisoners to facilitate their treatment and social resettlement taking into account the management and security requirements.

13. So far as possible separate institutions or separate sections of an institution shall be used to facilitate the management of different treatment regimes or the allocation of specific categories of prisoners.

Accommodation

14. 1. Prisoners shall normally be lodged during the night in individual cells except in cases where it is considered that there are advantages in sharing accommodation with other prisoners.

2. Where accommodation is shared it shall be occupied by prisoners suitable to associate with others in those conditions. There shall be supervision by night, in keeping with the nature of the institution.

15. The accommodation provided for prisoners, and in particular all sleeping accommodation, shall meet the requirements of health and hygiene, due regard being paid to climatic conditions and especially the cubic content of air, a reasonable amount of space, lighting, heating and ventilation.

16. In all paces where prisoners are required to live or work:

a. the windows shall be large enough to enable the prisoners, inter alia, to read or work by natural light in normal conditions. They shall be so constructed that they can allow the entrance of fresh air except where there is an adequate air conditioning system. Moreover, the windows shall, with due regard to security requirements, present in their size, location and construction as normal an appearance as possible;

b. artificial light shall satisfy recognised technical standards.

17. The sanitary installations and arrangements for access shall be adequate to enable every prisoner to comply with the needs of nature when necessary and in clean and decent conditions.

18. Adequate bathing and showering installations shall be provided so that every prisoner may be enabled and required to have a bath or shower, at a temperature suitable to the climate, as frequently as necessary for general hygiene according to season and geographical region, but at least once a week. Wherever possible there should be free access at all reasonable times.

19. All parts of an institution shall be properly maintained and kept clean at all times.

Personal hygiene

20. Prisoners shall be required to keep their persons clean, and to this end they shall be provided with water and with such toilet articles as are necessary for health and cleanliness.

21. For reasons of health and in order that prisoners may maintain a good appearance and preserve their self-respect, facilities shall be provided for the proper care of the hair and beard, and men shall be enabled to shave regularly.

Clothing and bedding

22. 1. Prisoners who are not allowed to wear their own clothing shall be provided with an outfit of clothing suitable for the climate and adequate to keep them in good health. Such clothing shall in no manner be degrading or humiliating.

2. All clothing shall be clean and kept in proper condition. Underclothing shall be changed and washed as often as necessary for the maintenance of hygiene.

3. Whenever prisoners obtain permission to go outside the institution, they shall be allowed to wear their own clothing or other inconspicuous clothing.

23. On the admission of the prisoners to an institution, adequate arrangements shall be made to ensure that their personal clothing is kept in good condition and fit for use.

24. Every prisoner shall be provided with a separate bed and separate and appropriate bedding which shall be kept in good order and changed often enough to ensure its cleanliness.

Food

25. 1. In accordance with the standards laid down by the health authorities, the administration shall provide the prisoners at the normal times with food which is suitably prepared and presented, and which satisfies in quality and quantity the standards of dietetics and modern hygiene and takes into account their age, health, the nature of their work and so far as possible, religious or cultural requirements.

2. Drinking water shall be available to every prisoner.

Medical services

26. 1. At every institution there shall be available the services of at least one qualified general practitioner. The medical services should be organised in close relation with the general heath administration of the community or nation. They shall include a psychiatric service for the diagnosis and, in proper cases, the treatment of states of mental abnormality.

2. Sick prisoners who require specialist treatment shall be transferred to specialised institutions or to civil hospitals. Where hospital facilities are provided in an institution, their equipment, furnishings and pharmaceutical supplies shall be suitable for the medical care and treatment of sick prisoners, and there shall be staff of suitably trained officers.

3. The services of a qualified dental officer shall be available to every prisoner.

27. Prisoners may not be submitted to any experiments which may result in physical or moral injury.

28. 1. Arrangements shall be made wherever practicable for children to be born in a hospital outside the institution. However, unless special arrangements are made, there shall in penal institutions be the necessary staff and accommodation for the confinement and post-natal care of pregnant women. If a child is born in prison, this fact shall not be mentioned in the birth certificate.

2. Where infants are allowed to remain in the institution with their mothers, special provision shall be made for a nursery staffed by qualified persons, where the infants shall be placed when they are not in the care of their mothers.

29. The medical officer shall see and examine every prisoner as soon as possible after admission and thereafter as necessary, with a view particularly to the discovery of physical or mental illness and the taking of all measures necessary for medical treatment; the segregation of prisoners suspected of infectious or contagious conditions; the noting of physical or mental defects which might impede resettlement after release; and the determination of the fitness of every prisoner to work.

30. 1. The medical officer shall have the care of the physical and mental health of the prisoners and shall see, under the conditions and with a frequency consistent with hospital standards, all sick prisoners, all who report illness or injury and any prisoner to whom attention is specially directed.

2. The medical officer shall report to the director whenever it is considered that a prisoner's physical or mental health has been or will be adversely affected by continued imprisonment or by an condition of imprisonment.

31. 1. The medical officer or a competent authority shall regularly inspect and advise the director upon:

a. the quantity, quality, preparation and serving of food and water;

b. the hygiene and cleanliness of the institution and prisoners;

c. the sanitation, heating, lighting and ventilation of the institution;

d. the suitability and cleanliness of the prisoners' clothing and bedding.

2. The director shall consider the reports and advice that the medical officer submits according to Rules 30, paragraph 2, and 31, paragraph 1, and, when in concurrence with the recommendations made, shall take within the director's competence or if the director does not concur with them, the director shall immediately submit a personal report and the advice of the medical officer to higher authority.

32. The medical services of the institution shall seek to detect and shall treat any physical or mental illnesses or defects which may impede a prisoner's resettlement after release. All necessary medical, surgical and psychiatric services including those available in the community shall be provided to the prisoner to that end.

Discipline and punishment

33. Discipline and order shall be maintained in the interests of safe custody, ordered community life and the treatment objectives of the institution.

34. 1. No prisoner shall be employed, in the service of the institution, any disciplinary capacity.

2. This rule shall not, however, impede the proper functioning of arrangement under which specified social, educational or sports activities or responsibilities are entrusted under supervision to prisoners who are formed into groups for the purposes of their participation in regime programmes.

35. The following shall be provided for and determined by the law or by the regulation of the competent authority:

a. conduct constituting a disciplinary offence;

b. the types and duration of punishment which may be imposed;

c. the authority competent to impose such punishment;

d. access to, and the authority of, the appellate process.

36. 1. No prisoner shall be punished except in accordance with the terms or such law or regulation, and never twice for the same act.

2. Reports of misconduct shall be presented promptly to the competent authority who shall decide on them without undue delay.

3. No prisoner shall be punished unless informed of the alleged offence and given a proper opportunity of presenting a defence.

4. Where necessary and practicable prisoners shall be allowed to make their defence through an interpreter.

37. Collective punishments, corporal punishment, punishment by placing in a dark cell, and all cruel, inhuman or degrading punishment shall be completely prohibited as punishments for disciplinary offences.

38. 1. Punishment by disciplinary confinement and any other punishment which might have an adverse effect on the physical or mental health of the prisoner shall only be imposed if the medical officer, after examination, certifies in writing that the prisoner is fit to sustain it.

2. In no case may such punishment be contrary to, or depart from, the principles stated in Rule 37.

3. The medical officer shall visit daily prisoners undergoing such punishment and shall advise the director if the termination or alteration of the punishment is considered necessary on grounds of physical or mental health.

Instruments of restraint

39. The use of chains and irons shall be prohibited. Hand cuffs, restraint-jackets and other body restraints shall never be applied as a punishment. They shall not be used except in the following circumstances:

a. if necessary, as a precaution against escape during a transfer, provided that they shall be remove when the prisoner appears before a judicial or administrative authority unless that authority decides otherwise;

b. on medical grounds by direction and under the supervision of the medical officer;

c. by order of the director, if other methods of control fail, in order to protect a prisoner form self-injury, injury to others or to prevent serious damage to property; in such instances the director shall at once consult the medical officer and report the higher administrative authority.

40. The patters and manner of use of the instruments of restraint authorised in the preceding paragraph shall be decided by law or regulation. Such instruments must not be applied for any longer time than is strictly necessary.

Information to, and complaints by, prisoners

41. 1. Every prisoner shall on admission be provided with written information about the regulations governing the treatment of prisoners of the relevant category, the disciplinary requirements of the institution, the authorised methods of seeking information and making complaints, and all such other matters as are necessary to understand the rights and obligations of prisoners and to adapt to the life of the institution.

2. If a prisoner cannot understand the written information provided, this information shall be explained orally.

42. 1. Every prisoner shall have the opportunity every day of making requests or complaints to the director of the institution or the officer authorised to act in that capacity.

2. A prisoner shall have the opportunity to talk to, or to make requests or complaints to, an inspector of prisons or to any other duly constituted authority entitled to visit the prison without the director or other members of the staff being present. However, appeals against formal decisions may be restricted to the authorised procedures.

3. Every prisoner shall be allowed to make a request or complaint, under confidential cover, to the central prison administration, the judicial authority or other proper authorities.

4. Every request or complaint addressed or referred to a prison authority shall be promptly dealt with and replied to by this authority without undue delay.

Contact with the outside world

43. 1. Prisoners shall be allowed to communicate with their families and, subject to the needs of treatment, security and good order, persons or representatives of outside organisations and to receive visits from these persons as often as possible.

2. To encourage contact with the outside world there shall be a system of prison leave consistent with the treatment objectives in Part IV of these rules.

44. 1. Prisoners who are foreign nationals should be informed, without delay, of their right to request contact and be allowed reasonable facilities to communicate with the diplomatic or consular representative of the state to which they belong. The prison administration should co-operate fully with such representatives in the interests of foreign nationals in prison who may have special needs.

2. Prisoners who are nationals of states without diplomatic or consular representation in the country and refugees or stateless persons shall be allowed similar facilities to communicate with the diplomatic representative of the state which takes charge of their interests or national or international authority whose task it is to serve the interests of such persons.

45. Prisoners shall be allowed to keep themselves informed regularly of the news by reading newspapers, periodicals and other publications, by radio or television transmissions, by lectures or by any similar means as authorised or controlled by the administration. Special arrangements should be made to meet the needs of foreign nationals with linguistic difficulties.

Religious and moral assistance

46. So far as practicable, every prisoner shall be allowed to satisfy the needs of his religious, spiritual and moral life by attending the services or meeting provided in the institution and having in his possession any necessary books or literature.

47. 1. If the institution contains a sufficient number of prisoners of the same religion, a qualified representative of that religion shall be appointed and approved. If the number of prisoners justifies it and conditions permit, the arrangement should be on a full-time basis.

2. A qualified representative appointed or approved under paragraph 1 shall be allowed to hold regular services and activities and to pay pastoral visits in private to prisoners of his religion at proper times.

3. Access to a qualified representative of any religion shall not be refused to any prisoner. If any prisoner should object of a visit of an religious representative, the prisoner shall be allowed to refuse it.

Retention of prisoners' property

48. 1. All money, valuables, and other effects belonging to prisoners which under the regulations of the institution they are not allowed to retain shall on admission to the institution be placed in safe custody. An inventory thereof shall be signed by the prisoner. Steps shall be taken to keep them in good condition. If it has been found necessary to destroy any article, this shall be recorded and the prisoner informed.

2. On the release of the prisoner, all such articles and money shall be returned except insofar as there have been authorised withdrawals of money or the authorised sending of any such property of the institution, or it has been found necessary on hygienic grounds to destroyed any article. The prisoner shall sign a receipt for the articles and money returned.

3. As far as practicable, any money or effects received for a prisoner from outside shall be treated in the same way unless they are intended for and permitted for use during imprisonment.

4. If a prisoner brings in any medicines, the medical officer shall decide what use shall be made of them.

Notification of death, illness, transfer, etc.

49. 1. Upon the death or serious illness of or serious injury to a prisoner, or removal to an institution for the treatment of mental illness or abnormalities, the director shall at once inform the spouse, if the prisoner is married, or the nearest relative and shall in any event inform any other person previously designated by the prisoner.

2. A prisoner shall be informed at once of the death or serious illness of any near relative. In these cases and whenever circumstances allow, the prisoner should be authorised to visit this sick relative see the deceased either under escort alone.

3. All prisoners shall have the right to inform at once their families of imprisonment or transfer to another institution.

Removal of prisoners

50. 1. When prisoners are being removed to or from an institution, they shall be exposed to public view as little as possible, and proper safeguards shall be adopted to protect them from insult, curiosity and publicity in any form.

2. The transport of prisoners in conveyances with inadequate ventilation or light, or in any way which would subject them to unnecessary physical hardship or indignity shall be prohibited.

3. The transport of prisoners shall be carried out at the expense of the administration and in accordance with duty authorised regulations.

51. In view of the fundamental importance of the prison staffs to the proper management of the institutions and the pursuit of their organisational and treatment objectives, prison administrations shall give high priority to the to the fulfillment of the rules concerning personnel.

52. Prison staff shall be continually encouraged through training, consultative procedures and a positive management style to aspire to humane standards, higher efficiency and a committed approach to their duties.

53. The prison administration shall regard it as an important task continually to inform public opinion of the roles of the prison system and the work of the staff, so as to encourage public understanding of the importance of their contribution to society.

54. 1. The prison administration shall provide for the careful selection on recruitment or in subsequent appointments of all personnel. Special emphasis shall be given to their integrity, humanity, professional capacity and personal suitability for the work.

2. Personnel shall normally be appointed on a permanent basis as professional prison staff and have civil service status with security of tenure subject only to good conduct, efficiency, good physical and mental health and an adequate standard of education. Salaries shall be adequate to attract and retain suitable men and women; employment benefits and conditions of service shall be favorable in view of the exacting nature of the work.

3. Whenever it is necessary to employ part-time staff, these criteria should apply to them as far as that is appropriate.

55. 1. On recruitment or after an appropriate period of practical experience, the personnel shall be given a course of training in their general and specific duties and be required to pass theoretical and practical tests unless their professional qualifications make that unnecessary.

2. During their career, all personnel shall maintain and improve their knowledge and professional capacity by attending courses of in-service training to be organised by the administration at suitable intervals.

3. Arrangements should be made for wider experience and training for personnel whose professional capacity would be improved by this.

4. The training of all personnel should include instruction in the requirements and application of the European Prison Rules and the European Convention on Human Rights.

56. All members of the personnel shall be expected at all times so to conduct themselves and perform their duties as to influence the prisoners for good by their example and to command their respect.

57. 1. So far as possible the personnel shall include a sufficient number of specialists such as psychiatrists, psychologists, social workers, teachers, trade, physical education and sports instructors.

2. These and other specialist staff shall normally be employed on a permanent basis. This shall not preclude part- time or voluntary workers when that is appropriate and beneficial to the level of support and training they can provide.

58 1. The prison administration shall ensure that every institution is at all times in the full charge of the director, the deputy director or other authorised official.

2. The director of an institution should be adequately qualified for that post by character, administrative ability, suitable professional training and experience.

3. The director shall be appointed on a full-time basis and be available or accessible as required by the prison administration in its management instructions.

4. When two or more institutions are under the authority of one director, each shall be visited at frequent intervals. A responsible official shall be in charge of each of these institutions.

59. The administration shall introduce forms of organisations and management systems to facilitate communication between the different categories of staff in an institution with a view to ensuring co-operation between the various services, in particular, with respect to the treatment and re-socialisation of prisoners.

60. 1. The director, deputy, and the majority of the other personnel of the institution shall be able to speak the language of the greatest number of prisoners, or a language understood by the greatest number of them.

2. Whenever necessary and practicable the services of an interpreter shall be used.

61. 1. Arrangements shall be made to ensure at all times that a qualified and approved medical practitioner is able to attend without delay in cases of urgency.

2. In institutions not staffed by one or more full-time medical officers, a part-time medical officer or authorized staff of a health service shall visit regularly.

62. The appointment of staff in institutions or parts of institutions housing prisoners of the opposite sex is to be encouraged.

63. 1. The appointment of staff in institutions shall not use force against prisoners except in self defence or in cases of attempted escape or active or passive physical resistance to an order based on law or regulations. Staff who have recourse to force must use no more than no more than is strictly necessary and must report the incident immediately to the director of the institution.

2. Staff shall as appropriate be given special technical training to enable them to restrain aggressive prisoners.

3. Except in special circumstances, staff performing duties which bring them into direct contact with prisoners should not be armed. Furthermore, staff should in no circumstances be provided with arms unless they have been fully trained in their use.

64. Imprisonment is by the deprivation of liberty a punishment in itself. The conditions of imprisonment and the prison regimes shall not, therefore, except as incidental to justifiable segregation or the maintenance of discipline, aggravate the suffering inherent in this.

65. Every effort shall be made to ensure that the regimes of the institutions are designed and managed so as:

a. to ensure that the conditions of life are compatible with human dignity and acceptable standards in the community;

b. to minimize the detrimental effects of imprisonment and the differences between prison life and life at liberty which tend to diminish the self-respect or sense of personal responsibility of prisoners;

c. to sustain and strengthen those links with relatives and the outside community that will promote the best interests of prisoners and their families;

d. to provide opportunities for prisoners to develop skills and aptitudes that will improve their prospects of successful resettlement after release.

66. To these ends all the remedial, educational, moral, spiritual and other resources that are appropriate should be made available and utilized in accordance with the individual treatment needs of prisoners. Thus the regimes should include:

a. spiritual support and guidance and opportunities for relevant work, vocational guidance and training, education, physical education, the development of social skills, counselling, group and recreational activities;

b. arrangements to ensure that these activities are organised, so far as possible, to increase contacts with and opportunities within the outside community so as to enhance the prospects for social resettlement after release;

c. procedures for establishing and reviewing individual treatment and training programs for prisoners after full consultation among the relevant staff and with individual prisoners who should be involved in these as far as is practicable;

d. communications systems and a management style that will encourage appropriate and positive relationships between staff and prisoners that will improve the prospects for effective and supportive regimes

67. 1. Since the fulfillment of these objectives requires individualization of treatment and, for this purpose, a flexible system of allocation, prisoners should be placed in separate institutions or units where each can receive the appropriate treatment and training.

2. The type, size, organisation and capacity of these institutions or units should be determined essentially by the nature of the treatment to be provided.

3. It is necessary to ensure that prisoners are located with due regard to security and control but such measures should be the minimum compatible with safety and comprehend the special needs of the prisoner. Every effort should be made to place prisoners in institutions that are open in character or provide ample opportunities for contacts with the outside community. In the case of foreign nationals, links with people of their own nationality in the outside community are to be regarded as especially important.

68. As soon as possible after admission and after a study of the personality of each prisoner with a sentence of a suitable length, a program of treatment in a suitable institution shall be prepared in the light of the knowledge obtained about individual needs, capacities and dispositions, especially proximity to relatives.

69. 1. Within the regimes, prisoners shall be given the opportunity to participate in activities of the institution likely to develop their sense of responsibility, self-reliance and to stimulate interest in their own treatment.

2. Efforts should be made to develop methods of encouraging cooperation with and the participation of the prisoners in their treatment. To this end prisoners shall be encouraged to assume, within the limits specified in Rule 34, responsibilities in certain sectors of the institution's activity.

70. 1. The preparation of prisoners for release should begin as soon as possible after reception in a penal institution. Thus, the treatment of prisoners should emphasize not their exclusion from the community but their continuing part in it. Community agencies and social workers should, therefore, be enlisted wherever possible to assist the staff of the institution in the task of social rehabilitation of the prisoners particularly maintaining and improving the relationships with their families, with other persons and with social agencies. Steps should be taken to safeguard, to the maximum extent compatible with the law and the sentence, the rights relating to civil interests, social security rights and other social benefits of prisoners.

2. Treatment programmes should include provision for prison leave which should also be granted to the greatest extent possible on medical, educational, occupational, family and other social grounds.

3. Foreign nationals should not be excluded from arrangements for prison leave solely on account of their nationality. Furthermore, every effort should be made to enable them to participate in regime activities together so as to alleviate their feelings of isolation.

Work

71. 1. Prison work should be seen as a positive element in treatment, training and institutional management.

2. Prisoners under sentence may be required to work, subject to their physical and mental fitness as determined by the medical officer.

3. Sufficient work of a useful nature, or if appropriate other purposeful activities shall be provided to keep prisoners actively employed for a normal working day.

4. So far as possible the work provided shall be such as will maintain or increase the prisoner's ability to earn a normal living after release.

5. Vocational training in useful trades shall be provided for prisoners able to profit thereby and especially for young prisoners.

6. Within the limits compatible with proper vocational selection and with the requirements of institutional administration and discipline, the prisoners shall be able to choose the type of employment in which they wish to participate.

72. 1. The organisation and methods of work in the institutions shall resemble as closely as possible those of similar work in the community so as to prepare prisoners for the conditions of normal occupational life. It should thus be relevant contemporary working standards and techniques and organised to function within modern management systems and production processes.

2. Although the pursuit of financial profit from industries in the institutions can be valuable in raising standards and improving the quality and relevance of training, the interests of the prisoners and of their treatment must not be subordinated to that purpose.

73. 1. Work for prisoners shall be assured by the prison administration:

a. either on its own premises, workshops and farms; or

b. in cooperation with private contractors inside or outside the institution in which case the full normal wages for such shall be paid by the persons to whom the labor is supplied, account being taken of the output of the prisoners.

74. 1. Safety and health precautions for prisoners shall be similar to those that apply to workers outside.

2. Provision shall be made to indemnify prisoners against industrial injury, including occupational disease, on terms not less favorable than those extended by law to workers outside.

75. 1. The maximum daily and weekly working hours of the prisoners shall be fixed in conformity with local rules or custom in regard to the employment of free workmen.

2. Prisoners should have at least one rest-day a week and sufficient time for education and other activities required as part of their treatment and training for social resettlement.

76. 1. There shall be a system of equitable remuneration of the work of prisoners.

2. Under the system prisoners shall be allowed to spend at least a part of their earnings on approved articles for their own use and to allocate a part of their earnings to their family or for other approved purposes.

3. The system may also provide that a part of the earnings be set aside by the administration so as to constitute a savings fund to be handed over to the prisoner on release.

Education

77. A comprehensive education programme shall be arranged in every institution to provide opportunities for all prisoners to pursue at least some of their individual needs and aspirations. Such programmes should have as their objectives the improvement of the prospects for successful social resettlement, the morale and attitudes of prisoners and their self-respect.

78. Education should be regarded as a regime activity that attracts the same status and basic remuneration within the regime of work, provided that it takes place in normal working hours and is part of an authorised individual treatment programme.

79. Special attention should be given by prison administrations to the education of young prisoners, those of foreign origin or with particular cultural or ethnic needs.

80. Specific programs of remedial education should be arranged for prisoners with special problems such as illiteracy or innumeracy.

81. So far as practicable, the education of prisoners shall:

a. be integrated with the educational system of the country so that after their release they may continue their education without difficulty;

b. take place in outside educational institutions.

82. Every institution shall have a library for the use of all categories of prisoners, adequately stocked with a wide range of both recreational and instructional books, and prisoners shall be encouraged to make full use of it. Wherever possible the prison library should be organised in cooperation with community library services.

Physical education, exercise, sport and recreation

83. The prison regimes shall recognise the importance to physical and mental health of properly organised activities to ensure physical fitness, adequate exercise and recreational opportunities.

84. Thus a properly organised programme of physical education, sport and other recreational activity should be arranged within the framework and objectives of the treatment and training regime. To this end space, installations and equipment should be provided.

85. Prison administration should ensure that prisoners who participate in these programmes are physically fit to do so. Special arrangements should be made, under medical direction, for remedial physical education and therapy for those prisoners who need it.

86. Every prisoner who is not employed in outdoor work, or located in an open institution, shall be allowed, if the weather permits, at least one hour of walking or suitable exercise in the open air daily, as far as possible, sheltered from inclement weather.

Pre-release preparation

87. All prisoners should have the benefit of arrangements designed to assist them in returning to society, family life and employment after release. Procedures and special courses should be devised to this end.

88. In the case of those prisoners with longer sentences, steps should be taken to ensure a gradual return to life in society. This aim may be achieved, in particular, by a pre-release regime organized in the same institution or in another appropriate institution, or by conditional release under some kind of supervision combined with effective social support.

89. 1. Prison administrations should work closely with the social services and agencies that assist released prisoners to re-establish themselves in society, in particular with regard to family life and employment.

2. Steps must be taken to ensure that on release prisoners are provided, as necessary, with appropriate documents and identification papers, and assisted in finding suitable homes and work to go to. They should also be provided with immediate means of subsistence, be suitable and adequately clothed having regard to the climate and season, and have sufficient means to reach their destination.

3. The approved representatives of the social agencies or services should be afforded all necessary access to the institution and to prisoners with a view to making a full contribution to the preparation for release and after-care programme of the prisoner.

90. Prison administrations should be guided by the provisions of the rules as a whole so far as they can appropriately and in practice be applied for the benefit of those special categories of prisoners for which additional rules are provided hereafter.

Untried prisoners

91. Without prejudice to legal rules for the protection of individual liberty of prescribing the procedure to be observed in respect of untried prisoners, these prisoners, who are presumed to be innocent until they are found guilty, shall be afforded the benefits that may derive from Rule 90 and treated without restrictions other than those necessary for the penal procedure and the security of the institution.

92. 1. Untried prisoners shall be allowed to inform their families of their detention immediately and given all reasonable facilities for communication with family and friends and persons with whom it is in their legitimate interest to enter into contact.

2. They shall also be allowed to receive visits from them under humane conditions subject only to such restrictions and supervision as are necessary in the interests of the administration of justice and of the security and good order of the institution.

3. If an untried prisoner does not wish to inform any of these persons, the prison administration should not do so on its own initiative unless there are good overriding reasons as, for instance, the age, state of mind or any other incapacity of the prisoner.

93. Untried prisoners shall be entitled, as soon as imprisoned, to choose a legal representative, or shall be allowed to apply for free legal aid where such aid is available and to receive visits from that legal adviser with a view to their defence and to prepare and hand to the legal adviser, and to receive, confidential instructions. On request, they shall be given all necessary facilities for this purpose. In particular, they shall be given the free assistance of an interpreter for all essential contacts with the administration and for their defence. Interviews between prisoners and their legal advisers may be within sight but not within hearing, either direct or indirect, of the police or institution staff. The allocation of untried prisoners shall be in conformity with the provisions of Rule 11, paragraph 3.

94. Except where there are circumstances that make it undesirable, untried prisoners shall be given the opportunity of having separate rooms.

95. 1. Untried prisoners shall be given the opportunity of wearing their own clothing if it is clean and suitable.

2. Prisoners who do not avail themselves of this opportunity, shall be supplied with suitable dress.

3. If they have no suitable clothing of their own, untried prisoners shall be provided with civilian clothing in good condition in which to appear in court or on authorised outings.

96. Untried prisoners shall, whenever possible, be offered the opportunity to work but shall not be required to work. Those who choose to work shall be paid as other prisoners. If educational or trade training is available, untried prisoners shall be encouraged to avail themselves of these opportunities.

97. Untried prisoners shall be allowed to procure at their own expense or at the expense of a third party such books, newspapers, writing materials and other means of occupation as are compatible with the interests of the administration of justice and the security and good order of the institution.

98. Untried prisoners shall be given the opportunity of being visited and treated by their own doctor or dentist if there is reasonable ground for the application. Reasons should be given if the application is refused. Such costs as are incurred shall not be the responsibility of the prison administration.

Civil prisoners

99. In countries where the law permits imprisonment by order of a court under any non-criminal process, persons so imprisoned shall not be subjected to any greater restriction or severity than is necessary to ensure safe custody and good order. Their treatment shall not be less favorable than that of untried prisoners, with the reservation, however, that they may be required to work.

Insane and mentally abnormal prisoners

100. 1. Persons who are found to be insane should not be detained in prisons and arrangements shall be made to remove them to appropriate establishments for the mentally ill as soon as possible.

2. Specialized institutions or sections under medical management should be available for the observation and treatment of prisoners suffering gravely from other mental disease or abnormality.

3. The medical or psychiatric service of the penal institutions shall provide for the psychiatric treatment of all prisoners who are in need of such treatment.

4. Action should be taken, by arrangement with the appropriate community agencies, to ensure where necessary the continuation of psychiatric treatment after release and the provision of social psychiatric after-care.

There is now a long and creditable history of international co-operation in the fields of penal policy and prison affairs. In the Council of Europe, the main bodies charged with direct responsibilities in these matters are the European Committee on Crime Problems (CDPC) and the Committee for Co-operation in Prison Affairs (PC-R-CP). Within the framework of the Statute of the Council of Europe and the authority of the Committee of Ministers, these two committees provide the forum for international co-operation in Europe and the professional and technical expertise with which to process their work. The formal and moral authority for the administration of penal establishments has resided primarily in the European Standard Minimum Rules for the Treatment of Prisoners and the European Convention on Human Rights. The new European Prison Rules have been enacted to provide a modern and progressive formulation for the benefit of prison administration and treatment for the foreseeable future.

The status and influence of the rules

Whilst the rules have no binding legal status in international law, they have been widely recognised as constituting a virtual code of practice in prison administration and treatment. Furthermore, the domestic legal status of the rules, although it varies from country to country, is such that in one form or another they have an important influence on the moral and practical standards that govern prison administration. Over the period, now more than half a century, during which the rules have been internationally valid, they have directly, or indirectly, encouraged higher standards and served to ensure the minimum conditions of humanity and decency in the prison systems. Although, therefore, the formal status of the rules is that of guidance to prison administrations, they impose powerful moral and political obligations on those member states that have accepted them. In the new formulation, one of the principal objects has been to give more emphasis to the duty of prison administrations to comply with the rules and to provide a basis of greater influence and authority for the rules themselves, reinforced by national inspection and the ultimate aspirations of the Council of Europe through its consultative processes.

Contemporary approaches to penal problems

Rising concern with social and moral problems associated with the issues of public order, human values and the often conflicting needs of community interests and individual rights has led to a re-assessment of the roles of imprisonment. This has concerned both the concept of imprisonment as an instrument of social constraint and the functions of prisons within the spectrum of the social agencies. A major change in the approach to treatment has been the move away from regimes aimed specifically at influencing the attitudes and behaviour of prisoners to models based on encouraging the development of social skills and personal resources that will improve the prospects for successful re-socialization. On the whole, but with due regard to the nature and seriousness of criminal offences, there has also been a major shift from the use of imprisonment towards non-custodial remedies and the imposition of shorter sentences. This change of emphasis has significantly restrained the level of prison populations. However, continued pressure of population in the prisons has resulted from increasingly serious and conspicuous criminality in the community and the inevitable response of the legal authorities to public anxiety. This has led to major operational problems in the larger prison systems and, therefore, a greater concern with matters such as the efficacy of treatment, physical and moral standards in the prisons, management efficiency and the proper support for and concern with the professional and personal aspirations of staff.

At the level of prison management, recent decades have been characterised by the parallel phenomena of the liberalisation and sophistication of prison conditions and treatment and the increasing difficulties of operational management. Both processes have been stimulated or exacerbated by the changing nature of the prison populations and the enlargement of public interest and of searching academic enquiry into penal problems. The Council of Europe has devoted its energy and considerable resources to examining these problems and offering guidance in the form of resolutions and recommendations. They are listed in Chapter III to this volume in order to stress their importance for possible adaptation to national regulations.

The European Prison Rules (1987)

In the new European Prison Rules (Recommendation No. R (87) 3) there has been a shift in the priorities and emphases that, whilst in no way diminishing the traditional values that have inspired the rules, recognises the broad changes of mood and practice that have been noted in this introduction.

Most important has been the elevation to the highest priority of the six rules of basic principle which are the bedrock of the whole philosophy and moral code on which the rules rest. These basic principles embody the criteria of humanity, respect for human dignity, social purpose and managerial performance which comprise a coherent and effective basis for the administration of modern prison systems. They endow those systems with the essential attributes of and ethical social organisation that are important to the welfare of prisoners, the status of staff and the expectations of civilised society in contemporary circumstances.

The new rules will be seen to have given special emphasis to re-socialisation as set out in Rule 3 and to the individualisation of treatment and, therefore, the differentiation of regimes to

facilitate this. Also recognised is the importance of better management which, given the current and foreseen pressure on resources, is crucial to maintaining and improving the efficiency and standards of administration as well as the optimisation of the benefits of the more versatile and demanding regimes to be found in contemporary prison systems. Prison work, academic and social education and physical education have been acknowledged as constituting the main core activities in any well-developed, positive treatment regime. The need, in terms of re-socialisation, to extend the training and experience inherent in these regime activates into the community wherever possible has also been given appropriate emphasis. So as to increase the priority and impact of these important ingredients in the pattern of prison treatment envisaged by the new rules, they have been given more definition and an enhanced presentational context. The same is true in regard to the status and roles of prison personnel which are seen as crucial to the proper management of prisons and the considerable professional demands of regimes devoted to the objectives of re-socialisation. Overall, the objective has been to raise the thresholds of the existing standards and, by strengthening the status of the rules themselves, to encourage further improvements in the physical conditions in prisons and the quality of management and treatment.

At the technical level, the rules have been arranged to facilitate reference, the application of the rules in practice and the use of the rules in the training of personnel. This objective has been pursued by the adoption of a logical and orderly arrangement of the rules which, it is intended, will clarify and sharpen their purpose. Thus, the fundamental and immutable rules of general principle are followed by sections devoted to the management of prison systems, personnel, treatment objectives and regimes and the additional rules that concern the treatment and needs of special categories of prisoners.

Naturally, it is to be expected, as is already the case with many of the standards enshrined in the rules, that prison administrations will operate and provide resources at levels in advance of those required by the rules. More importantly, it is expected that, in cases where there are shortfalls in application, every effort will be made to remedy the problems that inhibit the satisfaction of the requirements of the rules. In areas where there are persistent difficulties, prison administrations may have recourse to the advice and support available within the forums of the Council of Europe. This explanatory memorandum is intended to be a practical working document to be read with the rules and to provide greater depth in interpretation than would be possible or desirable in the actual wording of the rules themselves. It is also intended to promote the understanding of the rules and interest in their influence and practicability in ways that will stimulate further positive improvements in prison treatment and management. The explanatory memorandum can also offer some help to those administrations that wish to establish local standards with more specific scales than would be feasible at the international level. There are thus brief general comments of a broad philosophical nature related to each section of the rules and specific comments of more practical consequence on each of the rules as may be appropriate and helpful.

The re-assessment of penal philosophy and prison treatment and administration referred to at the outset of this introduction has been most fruitful when it has been carried out in the context of human values and social criteria. It has also been focused on the questions of success and failure in the prison services themselves or of imprisonment as a rehabilitative function. This approach has had some unfortunate consequences for it is difficult to evaluate such matters in these terms in ways that adequately recognise the complexity of the problem, acknowledge the proper attribution of social responsibility and avoid damaging implications for policy and prison personnel. In that context the new rules represent a reiteration by the Council of Europe of the traditional values of humanity and the positive caring roles of the prison services aiming at re-socialisation wherever possible. All of these functions are more appropriately assessed by reference to moral standard and the quality of performance rather than by reference to objective data designed to measure success or failure in relatively simplistic terms. The rules offer the framework and standards for this. As such, they provide, by emphasis on the human dimensions, better management, more clearly defined objectives, more credible inspection and international co-operation, a medium for improvement and a new impetus for future progress of prison administration and treatment in Europe.

The main points of the preambular paragraphs of the new European Prison Rules have been referred to in general terms in the introduction to this explanatory memorandum. They have been summarised with more precision in the preamble of the new version of the rules so as to associate closely with the rules themselves the important purposes and principles that have inspired the European reformulation.

The purposes of the rules have thus been framed so as to embrace the needs and aspirations of prison administrations, prisoners and prison personnel in a coherent approach to management and treatment that is positive, realistic and contemporary. Whilst the rules have been strengthened in terms of the renewed emphasis given to established and improving standards, provisions have also been introduced so as to enhance the authority of the rules and to encourage the systematic inspection of prison conditions and practices using the rules as the basic criteria for that important function. Naturally, the precise definitions of these criteria in measurable terms will vary from country to country according to climatic and other local conditions and established practices. It would not be feasible, or even appropriate, to try to specify the standards in these terms in an international document. However, it would be conducive to good prison administration and development policy, as well as facilitating inspection, for specifications in regard to the physical conditions of imprisonment to be drawn up at national level in accordance with the requirements of the rules. In practice, prison administrations in Europe usually make such provision well above the minimum standards of the rules and in no circumstances should new construction or arrangements fall below them. It is assumed that, wherever existing conditions fall below the level of the provision in the rules, policy and practice will be directed to rectifying this.

The reference in the preamble to the capacity of the Council of Europe to give advice and support to prison administrations in regard to difficulty in meeting the requirements of the rules, or in regard to practical problems, is meant to encourage co-operation between the European prison services within the framework of the Council's activities. In the context of the overall programmes of the European Committee on Crime Problems, there is scope to examine a wide range of general problems and to consider the most fruitful approaches to future development. More specific to prison administrations, the Committee for Co-operation in Prison Affairs has functions which enable it to offer advice and to work closely with any prison administration that wishes to avail itself of the committee. The exchange of information on penal matters, which is operated by the Directorate of Legal Affairs, provides a medium for the speedy processing of specific questions for which prison administrations may wish to draw on the experience of other European systems in regard to a particular field of difficulty or of special topical interest. In extending the understanding of the European Prison Rules to prison personnel and the general public, and in enhancing the application of the rules in practice, such co-operation can play a valuable role.

In considering the application of the rules, whether in terms of policy, practice, training or inspection, the four basic purposes set out at the beginning of the preamble should always be kept in mind.

The six rules in Part I are the most important, being fundamental to the philosophy and management of any prison system that is based on those principles of humanity, morality, justice and respect for human dignity that are essential to a modern civilised society. In no circumstances should any departure from these rules, or compromise in interpreting them, be accepted. They are intended to endow all the other rules with overriding standards to which all prison administrations that adopt the European Prison Rules will subscribe without reservation.

1. The numbers of the paragraphs correspond to those of the rules under examination. This rule has been strengthened by the addition of the reference to conformity with the rules. That not only underlines the validity of the rules in terms of human dignity, but establishes the authority and priority of the rules in all of those aspects of prison administration to which they are directed.

2. The provisions of this rule are concerned with the fundamental freedoms of individuals and the ethos of free societies. In practice it is recognised that the determination of genuine religious belief or moral precepts may sometimes give rise to difficulty. Such cases can only be satisfactorily resolved in the light of local conditions and contemporary thought. There will also be circumstances in which some measures of positive discrimination in favour of individuals or a group may be necessary. In those cases every effort should be made to deal with the people concerned, and others who may be affected, with sensitivity and common sense. The basic criterion of the rule, which seeks to respect individuals and their beliefs, should govern the spirit in which such special arrangements are made. They should never be detrimental to other individuals or groups.

3. The reference to treatment in this rule is a generalised concept. It is used to indicate, in the broadest sense, all those measures (work, social training, education, vocational training, physical education and preparation for release, etc.) employed to maintain or recover the physical and mental health of prisoners, their social re-integration and the general conditions of their imprisonment. Obviously, the extent to which this approach can be applied in practice will vary according to the opportunities provided by the resources of the establishments, the length of sentences and the custodial environment. But it is important to establish, as this rule does, a brief general statement to guide prison administrations in their work and to provide a broad yardstick against which to test provision and performance. The

rules concerned with treatment objectives and regimes enlarge on this general statement of principle.

4. The value of regular inspection has been emphasised by the priority given to this as one of the basic principles. All prison administrations should ensure that among the criteria that are employed should be the requirements of the rules. The arrangements for and the status of the inspection process will vary from country to country. The effectiveness and credibility of the inspection services will be enhanced by the degree of independence from the prison administration that they enjoy and the regular publication of the results of their work.

5. The high importance of this rule is self-evident. Its priority has been recognised by including it as one of the basic principles in the new rules.

6. This is a new rule and fundamental to the effective application of the rules in practice. In particular, the availability of the rules is important to staff in improving their perception of their roles and their knowledge of the basic criteria of prison administration as defined in the rules.

Reception and registration

In the management of prison establishments the reception arrangements are very important in establishing the moral climate and the right balance between formal efficiency and a supportive attitude towards people who are, inevitably, subject to anxiety. The physical environment and the essential procedures that are carried out at reception should, so far as possible, be devised and operated with this basic precept in mind. A smooth, humane and tolerably comfortable process at the point of entry to a penal establishment can contribute much to the morale and attitude of the individuals concerned, prisoners and staff. Prisoners should be encouraged to feel that the procedures are relevant and individualised for the purpose of easing the problems that will be experienced in prison and for facilitating their personal needs and eventual resettlement. For staff, the procedures should be seen as necessary for the efficient and proper administration of the establishment and as contributory to their roles in regard to the management and treatment of prisoners. Reference will be made later to the conceptual need to see the reception process as but the first stage in the whole programme of preparation for release.

7 and 8. It is apparent that, in practice, the rules concerning reception and registration have not caused any particular difficulty. In reformulating Rule 7, it has, nevertheless, been re-worded to take account of the increasing use of computers which may be expected to continue. There is thus no longer a requirement that a register should be kept. The scope and precise nature of the data that should be recorded and stored will depend largely on the management system of a particular administration and the technology employed to handle such data. The range of information recorded will, therefore, vary but should include that specified in Rule 8. The use of computer-based data makes it important to ensure that there is adequate protection for the privacy and security of personal information in the system.

The adequate and appropriate recording of details pertaining to the reception of prisoners into custody is an important safeguard for individual rights and for protection against arbitrary constraint. It is also necessary for the proper investigation of any complaints that may arise at or after the event.

9. The natural stress that people experience on arrival in a penal establishment is often exacerbated by personal problems in regard to their families, friends or work which may well be, or are thought by the prisoner to be, urgent. A positive and helpful attitude to these problems at the point in time when they seem to be most acute is both right and valuable. Unfortunately, the operational circumstances that obtain at reception, often in large numbers from the courts in remand prisons, can make this a problem of exceptional practical difficulty especially in major establishments. However, common humanity and the wider considerations of management make it necessary to devote all possible resources to resolving the problem. Experienced staff, adequate supervision and access when necessary to specialist advice are of basic importance. Attention should also be paid to consideration of privacy and opportunities provided for early contact with relatives or friends, by telephone where possible, or correspondence. Written information about the resources for dealing with matters of a personal nature can be useful in encouraging prisoners to face up to their own problems and in looking to the appropriate staff for support.

10. The requirements of Rule 10 are aimed at the whole process of preparing prisoners for release and eventual re-socialisation. The level at which this can be done will obviously depend on a number of factors. These are concerned with the length of sentences, the resources available for preparing individual programmes and the capacity of the administrative system to record, update and process the essential data. The extent to which the director can be personally involved in the choice and approval of such programmes will depend on circumstances. Nevertheless, the director should always be informed and should exercise overall control of this important aspect of prison administration and treatment. Accessibility to the information concerning prisoners' personal programmes should normally be restricted only to staff or other persons duly authorised by an appropriate authority such as the prison administration or the courts.

It will be seen that in the new version of this rule reference has been made to the personnel in direct charge of prisoners. This is so as to emphasise the desirability of developing to the fullest extent possible the involvement of all staff who have responsibility for the management and treatment of prisoners. Reference to psychiatric reports has been omitted because the extent to which this is normally necessary does not seem to justify such an emphasis. In any case, referral to a psychiatrist would normally be the responsibility of the medical officer whose report is required.

The allocation and classification of prisoners

The basic rationale of modern penal treatments in custodial establishments depends for its effectiveness on the differentiation of the institutions, the development of a range of regimes and a valid process of classification and allocation of prisoners to those that are most appropriate to their individual needs. It is important, therefore, that, in distributing the resources available to prison systems, in establishing the treatment regimes and training staff to make the most effective contribution to them, prison administrations should support the overall strategy with coherent and systematic criteria and the necessary administrative machinery to carry it out. The rules, in this section, represent a simplified framework of such criteria and an indication of the main categories for which prison administrations will normally expect to make special or separate arrangements for accommodation or treatment.

11. The first of the principles with which this rule is concerned is that in 11.1 which establishes the main criteria which must normally be satisfied in allocating prisoners to an appropriate regime. The reference to the special requirements of their treatment should be taken to include not only training needs but also the other factors referred to in Rule 12.

The experience of recent years has tended to modify the views previously held about the need to segregate certain categories of prisoners. Modern penal philosophy no longer demands the rigid separation of the young from the old, of men from women or the convicted from the unconvicted. These rules have, therefore, been relaxed to acknowledge that in some circumstances there may be mutual benefits, or at least no adverse results, from allowing some contacts between these categories of prisoners. Thus, there may be some value to younger prisoners, in certain circumstances, in the stability that can result from participation in regime activities with older prisoners. The same may apply in regard to participation by men and women in the same treatment programme. Similarly, it may be helpful to untried prisoners, for whom work or other regime experience may be unavailable or limited, to have the opportunity to enjoy that which is available to sentenced categories of prisoners.

12. In most prison systems the basic objective of allocating prisoners to an establishment near to their homes and appropriate to their treatment needs will be inhibited in some cases by the possibility of potentially dangerous or disruptive behaviour. This rule has been reformulated to give it a more positive emphasis. It also introduces the notion of reclassification so as to underline the need to keep specially under review the cases of those prisoners whose treatment and allocation has been influenced adversely by such considerations. It is desirable that they should not be a permanent disadvantage as a result of an initial classification and that they should also be encouraged to believe that they can improve their situation. Ideally, categorisation and allocation should depend on observed behaviour rather than predictive judgment. Inevitably, there will sometimes be some very difficult cases in which prison administrations have a clear responsibility, for the public interest and staff safety, which may lead them to err on the side of caution even it that is ostensibly opposed to the prisoners' own welfare. That is the essential argument for systematic review in such cases and, as necessary, reference to higher authority.

13. It is self-evident that the best results in regime treatments will come from accommodation and resources specially designed and dedicated to the objectives of such treatment. The operational realities frequently deprive prison administration of this luxury. The rule is important in underlining the approach on which this philosophy of treatment should rely.

Accommodation

The rules are rightly concerned with the minimum basic standards that will provide humane and decent physical conditions of life for those who are imprisoned. Two broad generalisations need to be stated. The first is that this is an area of some difficulty for prison administration in systems where there is a surfeit of old, and perhaps decayed, accommodation and/or there is a serious problem of rising prison populations, consequent overcrowding and, therefore, excess pressure on accommodation and basic services. The second is concerned with the impact of the accommodation on the prison environment and the implication of that for the working roles of staff, the treatment of prisoners, management and morale. There is now an increasing recognition of these factors. It is, nevertheless, still necessary to encourage measures to improve the environment of the older prisons by the refurbishment of accommodation and to take full account of these factors in planning new buildings. In both perspectives, most European prison administrations have devoted energy and resources to this important aspect of their responsibilities. So far as these rules are concerned, local specifications and management practice need definition in order that they may be fully satisfied. In dealing with the accommodation problem at those levels, the wider considerations in regard to managerial requirements, the human dimensions of regime design and activity and the broad social factors should be borne in mind. Accommodation should be adequate in terms of the standards set by the rules, be designed and exploited to create an environment that will encourage positive attitudes in staff and prisoners towards the treatment objectives of re-socialisation, be operationally effective for management and safe custody and be acceptable in social terms.

These are, inevitably, long-term approaches; the requirements of the rules are of a more immediate and routine character. Both should be seen as complementary in a humane and progressive concept of policy for accommodation which is an important element in the principles that underlie Rule 1.

14. It has already been acknowledged that historical reasons and operational reality pose inevitable problems in regard to the requirements of this rule. There has also been some reference to the issues that arise from cell-sharing. It is undeniable that individual prisoners should, if at all possible, be lodged in single cells if that is their wish. Equally, experience has shown that some prisoners prefer to share cellular accommodation and that some others, who may be suffering from stress, or have been identified as potential suicide risks, could benefit from this. It is an issue that all prison administrations should keep under continuous review both as a matter of policy and in regard to individual allocations at the operational level. The reference in Rule 14 to advantages in shared accommodation is meant to apply also to the use of premises designed or adapted to accommodate two or more prisoners in a cell or room for reasons of treatment or management. In cases where cell-sharing occurs from necessity and in others where it is arranged as a result of managerial decisions, special care should be taken to ensure that appropriate supervision is available and that adequate information is made available to those concerned. Special night communications systems are desirable in some situations. Appropriate records should be kept in regard to enforced and arranged cell-sharing to enable this aspect of prison management to be kept under regular and adequate review at administrative and operational levels.

15. As already stated, it is desirable that standard specifications should be drawn up at national level to meet the requirements of this rule according to local circumstances and practice.

16. This is another rule for which local specifications are desirable. It has ben modified to make it more realistic in practice and to acknowledge the fact that modern developments include the installation of air-conditioning systems in new accommodation.

17. This is an important rule which has been inhibited by the inadequacy of sanitary installations in much of the old and overcrowded accommodation in the prisons. It should be seen as of fundamental importance to Rule 1 and its satisfaction should have

high priority in the development planning of all prison administrations that are burdened with this problem.

18. The same considerations apply to this rule as have been expressed in regard to Rule 17. The reference to free access at all reasonable times in the reformulation has been included to recognise a developing trend towards one of those aspects of prison life in which it is possible to encourage personal responsibility and choice with advantage to treatment and training.

19. This rule, although generally accepted as a basic responsibility for prison management and high in routine priority, has given rise to problems in certain circumstances. These are related to questions of maintenance resources, the individual responsibility of prisoners for their cells and protest demonstrations. The restriction of the previous rule to prisoner accommodation has been removed to recognise that the general interest and morale of a prison establishment relies also on the need to keep other parts of the buildings in good and clean condition. The staff have as much right to expect that of their working and recreational accommodation as have the prisoners. The general interest will be served by the rigid application of this rule in all parts of the prison.

Personal hygiene

The encouragement of prisoners' personal hygiene through the provision of adequate arrangements and resources should be a high priority and seen as an essential ingredient in the treatment and training ethos.

20 and 21. The essential toilet articles provided under these rules should be free of charge and of a range and quality that is consistent with local practice. Wherever possible, hair-dressing services should be provided and prisoners should have the opportunity to supplement the toilet articles by purchasing those of their choice. Water for washing should, wherever possible, be available hot and cold.

Clothing and bedding

The quality and cleanliness of clothing and bedding is of prime importance to the dignity and self-respect of all people. In the circumstances of imprisonment it is no less important. Indeed, it is an aspect of prison life that can become disproportionate in the minds of those for whom, inevitably, the range of personal choice is diminished, and the unfamiliarity and standardised quality of institutional clothing may exacerbate their feelings of resentment. Increasingly, there is a trend towards allowing certain categories of prisoners, for example women, remand and even some convicted males in certain locations, to wear their own clothes. This is seen as valuable in the context of modern approaches to re-socialisation that see normality and the need to sustain the human personality as of cardinal importance to that objective. As long as this is not possible, for reasons of cost, control of hygiene, prison administrations should ensure the satisfactory quality and cleanliness of issued clothing and bedding and efficient and regular procedures for changing.

22. Whether or not the clothing worn by prisoners is institutional or personal it is necessary that managements should give the issue, maintenance, laundering and care of clothing, priority in the prison routines. It is particularly important that prisoners who work outside or are in public view for any other reason, such as attendance at outside educational establishments or appearances in court should not be clothed in recognisable prison dress.

Wherever possible, prisoners should be allowed to wear suitable civilian clothing for visits: in any case, staff should ensure that clean and well-maintained clothing is worn for visits. The good appearance of prisoners is important to them and to the visitors. It is imperative that when outside the prison for leave, work or education they should be suitably and neatly dressed. When working inside the prison, suitable clothing should be provided where necessary having regard to safety and the nature of the work being carried out.

23. This rule refers to the clothing that prisoners are wearing or bring into prison with them. At reception it should be examined, recorded and, as necessary, washed or cleaned before re-issue or storage. An adequate routine procedure is necessary to ensure that stored personal clothing is maintained in a condition fit for re-issue at any time and on discharge.

24. The type of bed and bedding provided for prisoners will vary according to climate and normal local standards. The quality, cleanliness and maintenance of bedding is of equal priority to that of clothing. Beds and bedding should be safe and regularly inspected as a matter of routine management.

Food

The importance of food to good general health and the morale of prisoners cannot be overstressed. Food and water are basic to life itself and, inevitably, are a focus of special interest to people who are bound to the monotony of institutional routines by virtue of imprisonment. The quality of food, its serving and presentation can be a major factor in the assessment that people in custody make of the level of care and responsibility exhibited by management towards them. It is thus important in terms of their general attitude to the whole process of their treatment and training. Conversely, poor food, badly served can be a cause of serious discontent. Unfortunately, the conditions in many overcrowded prisons or prisons with out-of-date premises and culinary equipment make it difficult to organise the serving and distribution of food on a satisfactory basis. As one of the fundamental services in institutional management, the catering resources demand special attention and should aim to provide prisoners with a diet and circumstances in which to take their meals as near as possible to average standards in communal catering outside.

The directors of all prisons should themselves give particular attention to this aspect of their responsibilities for prison management and satisfy themselves that the catering services are compatible with health standards and are of benefit to the overall climate of life in the institutions.

Modern kitchen management systems and equipment are making it increasingly possible to satisfy the needs of those who require special diets for health, cultural or religious reasons or who may require meals at short notice at unusual times. Prison administrations should endeavour to keep abreast of such developments in the outside community and ensure that through recruitment, training and inspection the prison staff responsible for catering are sufficiently competent to maintain the required standards.

25. In order to satisfy the requirements of this rule it will be necessary to arrange for an appropriate liaison with the health authorities and for the medical staff of the institutions to be consulted by local management on a regular basis.

Medical Services

The medical services in prison establishments should be available and organised to standards comparable in quality to those in the community at large. They are particularly important in the prison setting as reflecting, in a conspicuous way, the standards of humanity and care that characterise the nature of the prison system itself. The professional quality and the managerial efficiency of these services should be maintained at a high level by appropriate recruitment criteria, development, training and regular review by the administrative authorities who are not normally, or appropriately, directly involved in much of the day-to-day work of the medical services.

It is important also, in order to enhance the medical services, to devote appropriate training resources to the medical personnel in regard to their clinical and nursing roles. The medical officer should assume a direct responsibility for encouraging and supervising the training of medical personnel as well as their routine work in prison hospitals and clinics. Advantage should also be taken of the available medical resources in the community so as to extend the scope of the specialised resources to prisoners and in support of the overall treatment approach of closer integration with external agencies.

Prison medical officers have a difficult dual responsibility. They are clearly responsible to the governor for the adequate fulfillment of their duties. They also have a direct duty towards prisoners who are their patients, and for the health of prisoners in general. It is not always easy to reconcile these roles. Apart from that, prison medical services are the special focus of contentious philosophical views about the nature of the relationships between medical staff, institutional management and prisoners, as patients in what is seen as a coercive environment. These arguments extend to the question of compulsory or voluntary treatment and the right of choice in regard to a doctor. It is not possible to assert a universally acceptable response to those complicated and sometimes emotive issues. Each society, and the prison system within it, must decide on its own approach. However, certain principles are immutable and should be regarded as paramount. These are that the medical officers and their staff have a primary responsibility for the medical care of the prisoners in their charge; that medical treatment and decisions should be made on professional advice and solely in the interests of the health and well-being of the patients. For prison management and administration, any executive decision that overrides or conflicts with a medical view should be reported to a higher authority and be susceptible to review.

26. This is the basic rule in regard to the provision of medical services in penal institutions. The basis on which these services are organised will vary according to the nature and organisation of the national health services, the scale and needs of particular institutions. The essential approach of this rule is that of compatibility between the institutional and community health services, whether in regard to physical resources and supplies, medical staff or the range of clinical treatment that is to be available. This general approach should be the subject of regular review by the administration and periodic inspection to ensure its quality and effectiveness.

27. In its general purport, this rule, which is clearly underpinned by the rules of general principle and, ultimately, by the provisions of the European Convention on Human Rights, presents no difficulty. Indeed, the prohibition of experiments will also be reinforced by the provisions of domestic law. It is in the application that problems may arise. Obviously, in the interests of research that will lead to improvements in the effectiveness of treatment, it may sometimes be desirable to conduct experiments. However,the fundamental protection afforded by this rule may not be infringed. The experiments should be duly sanctioned by an appropriate authority. Prisoners involved in the experiments should be allowed to be so on an entirely voluntary basis, to give their consent in writing and be permitted to opt out of the experiments at any stage if they so wish. Prisoners should never be chosen as the vehicle for experimentation simply as a consequence of the convenience of their situation. Nor should they ever be put in the position where a refusal to conform with proposals for experiments would result in adverse criticism or the loss of some privilege or favour. Furthermore, the experiments should be regularly monitored and assessed by the administering authorities so as to ensure that the position safeguarded by this rule is maintained.

28. The first requirement of this rule in regard to the birth of children outside prisons seems to give rise to no particular difficulty in practice and is widely applied. Where the female prison population is very small, it will be found managerially desirable to make arrangements for confinement and post-natal care with an appropriate medical institution. However, the second part constitutes another medical rule where the detailed requirements will vary from country to country and from situation to situation. There is no agreement, nor can there be, since judgement, local experience and attitudes will govern the situation in regard to the duration and age-ranges of the essential location of mother and child together. In many cases the position will be constrained by resources. In others, the medical condition of the mother or child will be the determining factor. Whether or not the resources and other considerations allow an exercise of choice, the basic principle should be that which is concerned with the immediate and ultimate well-being of the child and its mother. Whatever views are taken about the appropriate age at which separation should take place and the circumstances in the prison in which the mother is able to feed, care for and develop her personal relationship with the child, special priorities will be necessary for the safe and appropriate management of such. Supervision must be provided on an adequate basis and staff should be specially chosen and trained for this. The medical arrangements will need to be specially devised, provided and managed to the highest possible standards.

The most efficacious management approach demands that the rules that govern these situations, in regard to both mother and child, be clearly laid down and understood. That means specifying what may not be permitted and reserving to medical judgement and management an appropriate flexibility in regard to the practical handling of the situation. Every effort should be made to devise an environment as near as possible to good average outside conditions for the accommodation of mother and child; but the medical oversight and staff supervision will need to be more intensive than that which can be provided in the community. Wherever circumstances allow and treatment considerations suggest, use should be made of community nursery and other resources to provide opportunities for the mother and/or the child to benefit from them.

Rule 28, paragraph 2, is concerned only with the situation that arises when women are imprisoned with their children. In such cases it is essential to bear in mind that experience has demonstrated that a continuous caring relationship between the mother and her child, particularly in the earliest months after birth, is important to the development and future welfare of the child. Up to the point of separation, at whatever age that takes place, the duty of prison management is to do everything possible to ensure the normal health, growth, social, emotional and intellectual development of the child and to support the mother in what is a traumatic experience.

29. The management and medical requirements of this rule are manifestly right and prudent. They are largely fulfilled in the majority of cases, but particular difficulties do seem to arise when very short periods of imprisonment are involved. Another question that is raised, in practice, is concerned with the alternative of allowing an adequate medical screening or investigation to be carried out by staff other than a medical officer in establishments where the general level of medical care and provision is sufficiently high to justify that. As a general principle it must be the responsibility of the governor and the medical officer to ensure that the requirements of this rule are satisfied and it should not be relaxed in practice.

30. This rule is central to the responsibilities of the medical officer in his professional role and towards the managing authorities that carry the overall responsibility for the institution and the prisoners located in it. The reference to hospital standards should be construed as demanding a level of medical care and attention that is commensurate with normal medical standards in the community.

31. Each of the provisions of this rule seems to have given rise to difficulty in practice and it is not, therefore, universally applied. However, an appropriate level of medical advice does seem to be necessary in each instance. In order to facilitate the purposes of this rule it has, therefore, been amended to include reference to a competent authority instead of placing the sole responsibility for inspection and advice on the medical officer. Furthermore, the reference to physical education and sports has been excluded and is covered in the rules concerned with regimes.

The second part of the rule is an essential element in the proper management of penal institutions and gives an appropriate emphasis also to the distribution of authority and responsibility in this matter.

32. The rule has been amended to include reference to the services available in the community so as to recognise and encourage the increasing use of these to the advantage of prison medical services and the rehabilitation of prisoners in regard to their physical or psychiatric needs. This refers also to continuation of medical treatment already stared before imprisonment as well as to medical treatment commenced during the detention which should be followed up after release. In particular, the socio-medical care of drug addicts should be taken into consideration.

Discipline and punishment

The maintenance of discipline and the imposition of punishments are among the most sensitive, and therefore important, aspects of prison management. They are matters in which it is essential, through humane and realistic policy, high professional standards and specific training, to ensure the adequacy and justice of the arrangements through which the necessary controls and sanctions are enforced. Fair and effective punishment systems are necessary to the fulfillment of the rules of general principle and the interests of society, the prison staff and prisoners themselves. The proper control and appropriate discipline in regard to personal behaviour and community activities in the prisons is necessary for the pursuit of the primary treatment objectives of imprisonment. Furthermore, society has a right to expect the prison to be managed on a disciplined basis and the safe and efficient functioning of the staff in their custodial and treatment roles also depend upon that. Discipline for its own sake is not, however, an aim of management. It is a necessary aspect of management purpose to provide an environment in which the roles of a prison can be satisfied. An essential ingredient in that is that the appropriate status and dignity of prisoners and the precepts of fair play should be ensured. The new rules thus comprehend disciplinary routines and procedures, not as wholly punitive or constraining in a negative sense, but as having positive aspects in purpose and application.

33. This rule has been extended to embrace the wider and positive approaches outlined in the preamble to this section of the rules.

34. It is, perhaps, superfluous to stress the validity of the first part of this rule. However, it is universal in application and experience has shown it to be crucial to the credibility and acceptability of the disciplinary codes and procedures.

The second part of the rule is not concerned with prisoners in a disciplinary role. It is meant to emphasise, in the context of this essential rule, that strict adherence to the first part should not inhibit the participation of prisoners in duly authorised prison community activities. In some of these, they may have the opportunity to exercise leadership and a measure of authority in ways that are beneficial to the activity as a whole and to their individual development or treatment. This is an area of regime activities from which much of benefit may be derived from imaginative approaches. It is essential however, that such should be arranged and supervised to ensure their compatibility with regime objectives and the basic requirement of the ordered community life of the prisons with which this section of the rules is primarily concerned.

35. This rule establishes the essential framework within which the disciplinary arrangements in penal institutions should function. Thus, the primacy of the legal basis and the formal competence of

the administering authority are stressed along with the need to place limits upon punishment.

The important new provision in this rule is that which provides for access to and the authority of an appellate process. Experience in recent decades has shown that because of the inherent problems of providing a fair and efficient disciplinary system, especially in prisons which are overcrowded and where prisoners may only be located for brief periods, additional safeguards are needed. Where there is no capacity for adjudications on disciplinary offences to be carried out with an adequate level of formal legal procedure, including the provision of legal representation, for example, some avenue of appeal may be necessary or desirable in the interest of manifest justice for offences that carry a liability for the heavier punishments. The subject is of great complexity and in many aspects highly controversial. It is certainly replete with practical difficulty and resource implications. The rule is thus meant to encourage prison administrations to consider their own disciplinary systems and the legal background to them so as to provide and define an appropriate appellate procedure. In some, that already exists within the legal system; in others, it is more a matter of administrative review. However it is approached, this new provision of the rules should be seen as an essential complement to those which govern the competence of the administrative authority to determine an offence and impose the appropriate punishment.

On a matter of important detail, Rule 35.b should be seen as implicitly forbidding punishment of unlimited duration even when that is susceptible to review procedures.

36. This rule establishes further criteria for the administration of the disciplinary systems in prisons. They have been widely applied in practice and, apart from those instances which are inhibited by resource constraints or procedural matters, have not given rise to serious difficulty.

37. This rule is absolute; any departure from it would constitute a breach of Rule 1 and undermine the whole ethos of humanity and justice on which these rules rely for their moral status.

38. Rule 38 may give rise to a number of difficulties of an ethical and practical character. However, discipline and disciplinary sanctions in some form or another are, obviously, essential elements in prisons. Principles are defined in the rules; the experience and the professional competence of the managerial staff must be adequate to the practical and moral balance involved in applying this rule.

Instruments of restraint

The use of such apparatus in coercive circumstances rightly bears implications that are morally repugnant to civilised conduct. Their use must, therefore, be strictly controlled and avoided wherever possible. There are, however, inevitably occasions on which physical restraint will need to be applied with the additional help of specially designed equipment or instruments in order to prevent physical injury to the prisoners concerned or to staff, escape or unacceptable damage. These rules are designed to set acceptable limits within which such restraint may be employed.

39. This rule prescribes what instruments may or may not be used and the circumstances in which such use is permissible. It seeks to strengthen the medical oversight and to recognise that there may be occasions on which some restraint may be necessary during judicial or administrative proceedings. In the latter case the sanction for such use should rest with the court or the administrative authority concerned.

40. This rule seeks to provide for the ultimate authority to flow from law or regulation rather than the discretion of the of the prison administration.

Information to and complaints by prisoners

The smooth functioning of a prison can be improved by the provision of adequate information and an effective procedure for dealing expeditiously and fairly with requests or complaints by prisoners. The two functions are to be seen as complementary as good information services can contribute to a diminution of requests and complaints. Prison staffs should be trained and encouraged to supplement the written information provided for prisoners and ensure that full use is made of it. In that way they can contribute to the general atmosphere and improve their personal relationships with prisoners on a level that is relevant to and supportive of their treatment roles. Prison management should give a measure of priority this aspect of their responsibilities and review the information resources of the prison from time to time to ensure efficiency and that they are developed to satisfy current

needs.

41. It is important that the basic information needed by prisoners should be available at reception. If it is not possible to provide each prisoner with a personal handbook containing this, notices should be available at reception points and brought to attention by the staff whose duty it is to receive prisoners in the institution. The second part of the rule draws attention to the need to assist prisoners with problems in understanding the information that is made available.

42. The precise arrangements for making requests or complaints to the appropriate authorities will vary according to national and local circumstances. The firm principles must be that the system is readily accessible, understood by all prisoners and functions efficiently and with due expedition.

Contacts with the outside world

The philosophy that underlies this section of the rules is dealt with in more depth in that part of the rules that is devoted to treatment objectives for such contacts are central to that. Part of the range of contacts requires specific managerial regulation. For that reason, but more importantly to emphasise the positive responsibility that rests upon prison managements to strengthen these contacts, some of the provisions for this are included in this part of the rules. All of the arrangements dealt with in this section should be regarded by prison managements as part of the routine day-to-day function of the penal establishments and a central feature of the whole information and communications system in each of them. The contacts with families and need for information about life in the outside world are fundamental to the objectives of modern and progressive prison regimes that are directed towards minimising the effects if institutionalisation and optimising the prospects for re-socialisation. However, in the sense in which these provisions are expressed here, they are more a matter for efficient and relevant management style and procedure than of philosophy.

43. Family visits to prisoners or the arrangements for and availability of prison leave should command high priority for resources and in daily routines. Prison leave is especially important in strengthening family ties and facilitating the social reintegration of prisoners. It also contributes to the general atmosphere and humanity of prisons and should be made as widely available as possible in both closed and open prisons. A valuable aspect of policy for prison leave is that it should be carried out in close co-operation with staff and outside agencies so as to encourage the better understanding of its purposes and enhance its effectiveness as an integral part of the treatment regime. As far as possible visits in prison should be without supervision, at least subject to visual supervision only. In cases where it is considered necessary to listen to conversation, approval should be sought from the competent authority.

44. This rule has been strengthened to emphasize the increasing need to give appropriate priority to the requirements of prisoners of foreign origin. As a consequence of enhanced opportunities for foreign travel and through international arrangements for work in foreign countries, this feature of prison management has become more conspicuous and demanding. The special needs of foreign prisoners are reflected with due emphasis in a number of the other rules. Such prisoners should be able to consult a list of embassies and consulates in a position to help them communicate with their diplomatic and consular representatives.

45. The requirements of this rule are by now well established in prison regimes and are generally applied. However, the growth in the use of personal radios, television and other equipment in prisons has given rise to some problems for managerial judgement. As far as radio and television are concerned, the value of these facilities, properly controlled, has been amply demonstrated but the interests of the prison community as a whole must be taken into account when considering the limits of individual use and access. As far as literature is concerned, the law and practice that governs the distribution and possession of this in the community outside should be the basis of prison management policy. But certain restrictions may be necessary for reasons of security or control. As far as possible, publications such as newspapers and periodicals should be provided by the prison authorities.

Religious and moral assistance

These rules are enshrined in that concept of prison administration which has traditionally acknowledged the importance of religious teaching and practice in the life of prisons and to the personal needs of individual prisoners. In prisons, as in the community at large, the status and role of religion and the part that spiritual ministration plays have evolved in response to the pressures and attitudinal changes in modern society. It is still seen as an essential aspect of those freedoms and supportive experiences that have an established and assured place in the daily life of a prison. In terms of these rules, prison managements are required to ensure that the religious life of the prison community and of individual prisoners may be practiced in freedom and dignity within the reasonable limits imposed by resources and the basic routines of the prisons. These rules have not, therefore, been amended to any considerable extent but Rule 47, paragraph 3, has, in particular, been clarified.

46. This rule has presented no difficulties in practice but has been extended to include literature which may not always be in the form of books.

47. The rule is explicit and does not require any further explanation now that it has been made clear that a prisoner has freedom of choice in regard to visits by religious representatives. However, it can profitably and appropriately be emphasised that the religious ministration under this rule should be seen as part of the area contact that prison managements should develop with the outside community.

Retention of prisoners' property

A prisoner's property is a recognisable aspect of his personal being particularly in the circumstances of imprisonment which tend to diminish the status and personality of individuals. That is a facet of the personal feelings of a prisoner that should be acknowledged by staff and management in their handling of property however modest that may be.

48. It follows from that general point of principle that the arrangements governed by this rule should be carried out with care and understanding. That is particularly important in cases of confiscation or where it is decided to destroy property belonging to a prisoner. This is a matter of prison administration in which modern technology may both facilitate the procedure and make it possible to personalise it to advantage by, for example, giving the prisoner a copy of the record of his property for retention or reference. Prisoners should always be informed of a decision to destroy or confiscate property and of the reasons for that. Similarly, the domestic rules or regulations on such articles as valuables, money, medicines or drugs should be made known to prisoners. Naturally, the request and complaints procedures should be available to prisoners in regard to matters affecting property and they should be made aware of this at reception.

Notification of death, illness, transfer, etc.

All of these circumstances can be particularly distressing to people in prison and should be handled with the utmost care and compassion. The way in which they are administered will be seen, quite rightly, in the eyes of prisoners, their families and society as the hallmark of style and the caring quality of prison management. It also has important implications for attitudes and roles of staff.

49. The administrative procedures that are needed to carry out the requirements may be ponderous and even expensive. However, for the reasons given above and for efficiency, they must be given ample priority in practice and be covered by special training for the staff who may be involved in them.

Removal of prisoners

Prisoners are moved in and out of prisons and from prison to prison more often than is commonly supposed. It is necessary, therefore, to have a rule that requires that process to be carried out with appropriate safeguards for the public and staff and with dignity and reasonable comfort for the prisoners.

50. The requirements of this rule should be applied whether transfers or the transport of prisoners are carried out by prison staff or the staff of some other agency (the police,for example).

In modern prison systems, the importance of the work of staff of all grades specialising in management and treatment has been increasingly recognised. Furthermore, the more liberal regimes in modern prison systems which allow prisoners more association out of cells has had implications for staff. Better teamwork is required and staff need to develop a closer understanding of the treatment objectives and their special roles in that respect. This has involved changes in attitude and function. These rules thus give more emphasis to the functions and status of prison staff. They also seek to associate prison staff and their work more closely with the rules as a practical and philosophical framework within which to develop their own roles and professionalism.

The recruitment of suitable people and their training and development to the high standards that should be demanded of the staffs of the prison services should be an objective of high priority for prison managements. The achievement of the objectives will be greatly facilitated if the working roles of all staff are seen to be worthwhile, demanding and enriched with personal and professional satisfactions. Allied to the intrinsic nature of the work itself is the public image of the prison services as a social agency of relevance and value to the community. It is these criteria that determine the esteem in which prison services are held by public opinion and, therefore, their attraction for high-quality people considering careers in the social field. Prison administrations should thus seek to inform the general public of the work of the prison services as a positive and important contribution to society.

These broader objectives need to be matched by good personnel management and constructive and efficient industrial relations. The rules in this part are directed towards setting minimum standards that are comprehensive in all these aspects of personnel policy and compatible with the philosophy of the rules as a whole, particularly as far as management practice and treatment

are concerned. The opportunities for worthwhile work and the demanding nature of its problems make the contemporary prison scene a field of endeavour in which co-operation between management and staff can thrive on common aspirations. The rules provides the ethical framework within which to pursue this end and the practical objectives that should define the approaches to the both management tasks and working routines.

51. This rule establishes at once the crucial role of personnel seen as a primary resource of management and emphasises the priority for the management function of all the rules that concern personnel.

52. This rule seeks to focus on the need to exploit the staff resource, through the best management practice, in all areas that contribute to staff quality, efficiency and their own professional satisfactions. The purpose of training should be seen not simply as a means of promoting professional knowledge and competence, important as that is. It is also a vehicle for raising the level of dedication and professional pride which are essential ingredients in a social service committed to serve the public and care for individuals in adverse circumstance with all the frustrations and disappointments that are inseparable from that duty.

53. It is not enough to offer a purely responsive service to be activated in time of crisis. Although it is a matter of careful judgement at what level and intensity to promote a public relations policy, there is a need for a coherent and comprehensive function. This should be organised to provide a long-term and continuous programme to ensure that positive basic information is available especially where it is most likely to be of validity and use. In parallel, staff at various levels need to be given experience and guidance in fulfilling specific public relations assignments in ways that contribute to public understanding and support for the work of the prison services. The precise demand or need will vary from time to time and from place to place. Nevertheless, the essential thrusts of public relations policy, however diverse in practice, should be those that are specified in this rule. The key words for public relations policy are reliability, understanding, creativity and continuity. Staff have an important contribution to make to that; and much to gain from its success.

54. It is to be expected that the requirements of the rule will be entrenched in the recruitment and selection policies of prison administrations. It would also be valuable if the attention of staff responsible for these policies and the procedural routines through which they are carried out were directed to the rules concerning personnel with particular reference to Rule 54.

55. The main purpose of this rule is to emphasize the importance to staff in general of enhancing and maintaining their professional competence. The requirements of the first two sections of the rule have, in general, become established in most prison systems and their training programmes. That should not be allowed to inhibit new thinking and the creative development of these programmes by the introduction of the latest experience and techniques and the evolution of the curricula to match the changing demands of prison work. The training programmes will deteriorate if they are static; on the contrary an evolving and dynamic training strategy will serve as a stimulus to training staff and those under training alike.

The third section of this rule has been introduced so as to extend the scope of staff training to include the external dimension, which should be a growing feature of prison administration if it is to remain relevant to social problems. This may valuably include training and education in the universities and other outside institutions, exchange visits with staff in other countries and opportunities to learn about the roles and functioning of the other social agencies. The fourth section recognizes the need to familiarise staff with the content and philosophy of the European Prison Rules and with the European Convention on Human Rights which has begun to exert an influence on prison administration. Reference to these two important European documents in training programs should, apart from offering specific information and guidance, put them into the wider penal policy and social contexts.

56. It is fundamental to all situations in which authority and responsibility are involved that good example and respect should be acknowledged as prime motivators in enhancing the results that are achieved by those concerned, both managers and those in their charge. This is a matter of management style and a suitable precept for training objectives.

57. One of the features of prison management and regimes in recent years has been the increasing involvement of specialists either as full-time members of staff or as part-time or community-based personnel. This has been beneficial and should be encouraged on the basis set out in this rule. Care should be taken to ensure that the roles of basic-grade personnel are not impoverished by the development of specialist services and that they are encouraged to work in co-operation with specialists as far as that is possible and beneficial.

58. This rule has been amended to emphasise the professional status of prison directors. It also recognises that in modern circumstances, with improved communications and changing social conditions, it is no longer necessary to require directors to reside at, or in the vicinity of, the institution.

59. This is a valuable rule and, in the light of modern management style and the increasing sophistication of operational routines and regimes, it has become even more important. There are, however practical and resources problems that will demand a range of solutions that responds to particular circumstances. In the main, they can be most fruitfully pursued through organisational structure, consultative procedures, management style and the use of modern technology.

60. This rule reflects the emphasis that has already been placed on meeting the special needs of prisoners with language problems.

61. This rule has been modified to underline the need for competent medical services to be available at all times and to recognise that that may best be provided by a community health authority in some cases. The requirement for residence in the vicinity of the institution has been dropped (see also Rule 58).

62. In the new text of this rule the emphasis has been placed on encouraging the use at every level of staff of both sexes in all penal institutions. The wider use of staff of both sexes should indeed be seen as a normal feature of contemporary management as well as having advantages in the context of treatment.

63. This rule has been slightly strengthened. Whilst it would have been inappropriate to include it as a rule, it is desirable that prison regulations and training should emphasize that force should normally only be used with express authority and in accordance with the rules. There will, however, always be some occasions, in the special circumstances of prisons, when the use of force will be necessary without the possibility of obtaining specific authority for it in time to deal with an urgent situation. In such cases section 1 of this rule must be adhered to and it would be prudent for the prison administration to require a written report on the incident from the director of the institution concerned.

The preceding parts of this explanatory memorandum have contained the basic provisions for approaching the central tasks of the objectives of treatment and the training regimes. The rules in this part are designed to reflect a modern philosophy of treatment, in the light of the experience of the recent past, a