Prisoners Property Guide 2021 PDF

School of Law How to reclaim lost property from a prison or police station (a self-help guide) Produced by students from the Queen Mary Legal Advice Centre qmul.ac.uk Foreword Contents Person...

School of Law How to reclaim lost property from a prison or police station (a self-help guide) Produced by students from the Queen Mary Legal Advice Centre qmul.ac.uk Foreword Contents Personal possessions are more than just tools, luxuries or necessities. Reclaiming your property from the police They are an important part of our identity and our lives. This guide aims to The Police and Criminal Evidence Act (1984) 6 help you understand how you can claim back property that has been lost, The Police (Property) Act (1897) 6 stolen or damaged within the prison system. How to retrieve property 8 Criminal procedure rules (2015) 10 This guide will also address property that has been retained (or ‘kept’) by the Complaints procedure 11 police following an investigation. Appealing to Independent Office for Police Conduct (IOPC) 14 County Court claims 15 We at the Queen Mary Legal Advice Centre hope you find this guide a useful Practical scenarios 16 resource when claiming back lost property and resolving the issues you face. Reclaiming your property from a prison This booklet was produced in January 2021 and outlines the law as of that date. In possession property 20 This book was compiled by Zohra, John, Megan, Holly, Youssef, Yasmine, Uswah Stored property 21 and Estelle, all of whom are students at the Queen Mary Legal Advice Centre. Your prison’s responsibility to you 22 A special thank you is given to Tuckers Solicitors and Leigh Day Solicitors for their valuable contribution to this guide. The complaints procedure 26 Complaining to the Prisons and Probabation Ombudsman (PPO) 31 The legal basis of a property claim 33 Issuing a claim in court 35 Practical scenarios 36 2 qmul.ac.uk qmul.ac.uk 3 Part 1: Police possession of property Reclaiming your The following pages explain what to do if your property has been taken by a police officer and not given back to you or your family. You may want this property back in prison, or you may want a friend or property from the family member to collect the items for you. The police may ‘retain’ (keep) your property if: police 1. your home was searched when you were arrested and the police took property from your home, or 2. the police took objects from you when you were arrested, or 3. the police took objects from you at the police station. Usually, all you need to do is send a simple letter to the police station where your property is being held and your property will be returned to you. Unfortunately, sometimes property: goes missing gets lost gets damaged, or This section explains what to do if your property has been is destroyed. taken by the police and you would like to get it back. If this is the case, you may want to seek compensation (money to make up for your missing or destroyed item) for your property. 4 qmul.ac.uk qmul.ac.uk 5 Why are the police allowed How to get your to take my property? property back from There is a law in England and Wales called the Police and Criminal Evidence Act 1984. This law is known as PACE, and it allows the police to enter, search, the police take, and keep your property for certain reasons. The courts have the power to tell the police to give The Police and Criminal you your property back. This is because of a law called The Police (Property) Act 1897. It has two Evidence Act 1984 main sections: SECTION 8 allows police to get permission to Explains that you can apply to the enter and search a location, such as your house. court asking them to make sure your If they do this, they must make a full list of Section 1 property is returned to you. everything they take. Explains that the police can ask the SECTION 18 allows police to enter a location, court for permission to destroy the such as your house, after you have been Section 2 property if they have it for a year and arrested. For example if they think that there do not know who the owner is. is evidence in that location that relates to the offence that you have been charged with, or a similar offence. What if the police don’t believe me when I tell them the property is mine? SECTION 19 allows a police officer to take The police may have questions about whether an anything from the location that they are item is really yours and they may ask you to prove searching if they think it might be evidence that you own it. If you have a receipt for the item, related to any offence, and they need to make this is easy. sure that the items do not become hidden, If you don’t have a receipt, you may have to find a damaged, changed, or destroyed. photograph of yourself with the item or find another way of showing that it is yours. SECTION 20 allows police to take copies or the original of any electronic information. What if I want my things back from the police? SECTION 22 allows police to keep anything they Property taken by the police should be returned to its owner when it is no longer needed by the take from you for as long as is necessary. police for an investigation into a crime or to prove a criminal offence. These items may be used as evidence in a trial, or for an investigation. Property like drugs, knives and guns, will not be returned. This is for your safety and the safety of others. 6 qmul.ac.uk qmul.ac.uk 7  Dentistry Degree programmes Have the police If YES, you should have received a letter from If NO, you will need to write a letter to the informed you that the police station telling you that they have your Was your appeal Independent Office of Police Conduct (IOPC). Make they are holding your property. sure you tell them about your issue in detail and allowed? property? Did you receive the letter? explain why you think the police’s decision not to return your property is wrong. If YES, then your property is returned to you. If NO, you will need to write a letter to the police station, If YES, reply to the letter within that you were taken to when arrested, and ask them to 28 days and your property will be return your property. returned to you. Was your complaint to the IOPC successful? Make sure you write in as much detail as possible. If NO, you can file a civil claim in the If YES, then your Are the police refusing to give you your property? County Court. This will be in front of property is returned a judge. You will need to show the to you. court evidence, such as receipts, pictures, etc., to demonstrate that you own the property. A civil claim is expensive, and you If YES, you need to make a formal complaint to may not be eligible for legal aid (free the police station. legal representation). A civil claim is also harder to prove, and the court will often agree with the police. If NO, you should appeal the decision by writing to the police station again. This time make sure you explain why If the police believe the property Was your complaint successful? was stolen, it will not be returned you think the object is your property and explain why you think the police station’s to you and the police will try to find refusal to return your property is wrong. the real owner. Cash under £1,000 will be kept by the police if they think it was stolen. If YES, then your property is returned to you. 8 qmul.ac.uk qmul.ac.uk 9 Civil Procedure Rules Complaining to the Police Station When you apply to have your property returned to you there are a set of rules you have You can make a complaint about a Police Officer or the police force if: to follow called the Civil Procedure Rules. You will have to follow these rules if you are asking the court to order the police to return your property back. You experienced You saw a police officer You have been affected by inappropriate behaviour or staff member act the conduct of a police Applications must: from a police officer or inappropriately. officer or staff member staff members. even if it did not happen to you directly. 1 Be made in writing. 2 Be given to the Court Officer. Inappropriate behaviour can include where the police station or an officer has damaged, lost or retained property for too long. You can complain about any inappropriate behaviour in the following way: 3 Explain why you are interested in the property. You can make a complaint if you do not A complaint can be made for you by receive a clear response from the police someone else (for example, you could 4 Explain what you would like the court to do, and why. station telling you what has happened to allow a family member to make the your property. complaint for you), but you must provide 5 Include a list of everyone who will be told that you are submitting your application. written permission. Q What if I do not know the name of the police officer who has my belongings? A Write to the police station where you were arrested. Write down details about where you were arrested, what date, what time, and the charges. State your custody number, if possible. Q Can someone get my property for me? A You can write a letter to the police station. Address the letter to the police officer who is in charge of your investigation. Provide the name of the person who you are giving permission to collect your property. It is also helpful to say the relationship they have to you. You ALSO need to give a letter to the person collecting, saying that you give them permission to collect your property. They must bring identification with them to collect your items Q What if I have no one to collect my property? A You can ask if you can get your property after you have been released from prison. 10 qmul.ac.uk qmul.ac.uk 11 Police responses to a complaint The police will consider your complaint and decide whether to record it. They should listen to you, and act in a fair and balanced way to try and make things right for you. You can expect to hear from the police within 15 working days about whether the complaint has been recorded. If it has not been recorded you should receive an explanation on why not. You have the right to appeal again, and have a high- ranking police officer look at your case. If the complaint is not referred to the IOPC, it will be dealt with by an investigation or local resolution (police force explaining, apologising or satisfying the prisoner that appropriate action is being taken). You will receive a letter from the police force explaining what the local resolution is and information about the right to appeal if you are unhappy with the outcome. 12 qmul.ac.uk qmul.ac.uk 13 The Independent Office for Police Conduct (IOPC) The IOPC investigates complaints about the police in England and Wales. County Court claims If you have made an appeal with the IOPC and this was not successful, you can make a claim to Making a complaint a County Court. When you first make a complaint, you will need to send your complaint to the IOPC. This could be because the police have destroyed your property or have kept it for a very long time and are If you are unhappy with the IOPC’s decision, you can ask the IOPC to appeal the decision. An appeal is not giving it back. when you ask someone to review and check that the correct decision has been made, and the decision could be changed. If you are successful in Court: you will receive your property, Making an appeal The form to submit an IOPC claim for your appeal is online, so it may be easier to ask a family member, OR friend, or your lawyer to make your complaint for you. you will receive the amount of money needed to replace the item, or the amount of money that the item was worth at the time it was lost or damaged. This information should be included in your complaint: In your claim, you should include: Any communication you have had with the police The impact of losing property. For example, if the station, arresting officer and the IOPC. police lost your phone, you can talk about the information or pictures that you may have lost as Provide evidence a result of losing your phone. of what was taken at the time of the arrest. You have six years to make a claim to the County Court from the date you found out that your property was taken and kept by the police and lost, damaged or destroyed. You will have to pay to go to court, so this should be your very last option and the item must be very important. Provide details Make a record of of why you are what happened unhappy with the and in the order in response from the which it happened. police station. Provide details of any Tell the IOPC communication you what you would like have already had with them to do. the police station and arresting officer. 14 qmul.ac.uk qmul.ac.uk 15 Example scenarios Use these example situations to see how much you can remember about What should Barry include in his complaint? property taken by the police. ANSWER: 1. He must provide evidence that the watch was taken from him. 2. Barry must explain why he was not happy with the first response from the police. Did it lack detail? Did it not provide him with the necessary answers? He should also explain any other EXAMPLE 1 communication that he has had with the police station and the officer that arrested him. A) Lia was arrested. A police officer took Lia's passport B) Lia did not get the passport application papers application papers. back. 3. He should provide a timeline of what happened and suggest what he would like the IOPC to do. Which law tells us about what the police are allowed Can Lia ask for them back? In this case, Barry would like his watch back. to do when they want to search your house? When should Barry get his response? ANSWER: The Police and Criminal Evidence Act ANSWER: Yes, Lia can ask for the documents back ANSWER: 15 working days. This answer will either 1984 would be the most helpful act in this case. from the police. explain that the complaint was recorded or, if it was It is also important to remember that PACE says Property taken by the police should be returned rejected, explain the reasons why. that the police should not take original copies of when they do not need it anymore. your property when a photocopy would be enough. So, they should only retain a photocopy of Lia’s Can Barry appeal the decision? ANSWER: Yes. Barry has the right to appeal again, and the case will be looked at by a higher-ranking official. EXAMPLE 2 Harry was arrested and the police took his gun and When can Barry appeal through the IOPC? ANSWER: The IOPC looks at complaints made against knife collections. ANSWER: No. Property such as drugs, knives or guns Police Forces in England and Wales. Barry would be will not be returned. They will be destroyed.   able to make an appeal to the IOPC if: One of the knives belonged to his dad and he would like to get it back. The police failed to record the complaint. Can Harry get his knives back? The outcome of the complaint is not satisfactory (or not what Barry wanted). EXAMPLE 3 Barry was arrested and his watch was taken by the What can Barry do if he still hasn’t received ANSWER: Yes, Barry can complain again. ANSWER: Finally, Barry can make a claim to the police. The watch was not needed for the investigation his watch back or a satisfactory explanation? County Court if his property has been destroyed or and when he tried to make a complaint the officer could The police have behaved inappropriately. kept for a very long time. not tell him what had happened to the watch. Inappropriate behavior can include keeping the watch for too long. If he is successful, Barry will receive money for how Can Barry complain again and to who? much his watch was worth. Barry should complain, in writing, to the police Barry can also ask for money for the time he spent officer in charge of the investigation. without his watch. In this claim, he should include any communication that he has had with the police Who should Barry send his complaint to? station and explain how living without his watch ANSWER: If Barry receives no response from the has affected him. Can someone make the complaint for Barry? Police Officer in charge of the investigation, Barry Barry has six years to make the claim to the County should complain to the Independent Office for Police Court from the day he found out that the watch had Conduct (IOPC). Barry can find this form online and been kept. ask his friend/family to fill it out for him. 16 qmul.ac.uk qmul.ac.uk 17 Part 2: Types of property Reclaiming your There are two categories In possession property Property kept with you while you are in prison property from a of prisoners’ property Stored property Your property that is kept by the prison prison The information here comes from the PSI 12/2011 ‘Prisoners’ Property’. When you arrive at prison, the staff will make a list of everything you have. You will receive two standard size boxes for your belongings (75cm x 55cm x 25cm). You will be allowed one outsize item (e.g. a stereo). 75cm 25cm 55cm This section talks about the property that you keep with you when you are in prison, and what to do if it is lost, stolen, or damaged. Some items do not have to fit inside your two boxes, as stated in the Government PSI 12/2011 on Prisoners’ Property. These include: legal papers religious texts and objects if you are transgender, items that support you to live in the gender that you identify with, and items that will help you care for your baby (only in mother and baby units). You are not allowed to bring some types of clothing into prison, per the Incentives Policy Framework (8th July 2020), including: clothing with a hood clothing with offensive slogans or designs, sport teams, or countries clothing that is padded or quilted black items (leggings are allowed) uniforms or military-style clothing clothing that makes you look like a staff member clothing that is in a bad state, or is meant to look like it is in a bad state (e.g. ripped jeans) clothing that is not modest or decent 18 qmul.ac.uk qmul.ac.uk 19 In possession property Stored property You are allowed 3 pairs of shoes: Items that are not allowed to be in your possession If you cannot keep some of your items with you, you may you can bring one or two pairs of trainers include: be allowed to give them to a visitor. stiletto shoes are not allowed. mobile phones If you cannot give your property to visitors, permitted cash and valuable items items can be put into sealed bags and kept in a safe You are allowed certain types of jewellery, including: property which does not fit into your two boxes. place, either inside or outside the prison, until you leave a plain ring (like a wedding ring or a signet ring) the prison under PSI 14/2015. one earring / stud / sleeper per piercing (this will be If your property is not held in possession or stored inside what you are wearing when you first arrive at prison) the prison, it is stored at the National Distribution Centre a light chain (NDC) in Branston. a digital or analogue watch, but it cannot have data storage or a ‘smart’ function. Your property card Certain items that are valuable have Prison staff will ask you to sign a form, known as a property card, when: You should not keep any item with you if it is worth more than £100. special rules: Cash You arrive at the prison To say that you have seen your belongings put into You are allowed to keep some items for personal When you check into prison, any cash must be paid into bags and the bags have been closed in front of you. hygiene such as a hairbrush, toothbrush, and tweezers. the money account that is in your name. Depending on your privilege level, you may be allowed When you arrive at a new prison or leave To say that your things are still okay. Jewellery some electronic items, such as a hairdryer or an electric a prison Jewellery items will be listed as white or yellow metal shaver. (i.e. gold or silver) on your list of items. Other hygiene or cosmetic items that are not allowed When you are released from a prison To say that all of your things were still there. Passports or Identification Cards to be brought in (but may be given to you in prison or be purchased in the canteen) include: If you are a foreign national that has been informed of your deportation, your passport must be given by the makeup prison service to the National Border Agency UK. shower gel When you are released from prison you will get all of your things back, except for any items that are Some items may be taken from you temporarily: against the law. If you are transferred to another prison, your property should be transferred with you. soap. 1. Items that you are not allowed to have but are Toiletries should be provided by the prison, and other found with you. items can be bought at the canteen. 2. Items that you are allowed to have, but that your You may take a photograph album or a picture frame you have used in an unauthorised manner. with you, BUT: If your items are taken from you, you will be given an you cannot have any indecent photographs (e.g. explanation as to why, and what the next steps will be. showing naked people), and Prison governors are allowed to dispose of (take away or a photo of a child may be refused if it could cause a sell) your property if you are not allowed to have it (i.e. if risk to the child. it is unauthorised) under PSI 14/2015. If you have a hobby, you may be allowed to keep This includes property: items to help you, such as: that is prohibited (absolutely not allowed) writing pads, pencils and pens which is received from another prisoner without items for painting or music permission from the Governor, or jigsaws or playing cards which is allowed but has been modified (i.e., books. changed, or had something done to it that means it is no longer allowed). 20 qmul.ac.uk qmul.ac.uk 21 The prison’s responsibility How to get Your prison’s responsibility to you Problems you may experience with your property your property back from the The prison service does not normally accept responsibility for property held in possession (property Your property may be late or lost when you are that you keep). That means that you must take care of transferred to a new prison. the items that you keep with you. There are exceptions when the prison may be responsible. For example, if you are unable to look after your own property, and the prison fails to take care of it, If you are transferred within the prison (e.g. to segregation) your ‘in possession’ property may be lost, late in being returned to you, or stolen. prison they will be responsible for compensating you. Important documents to keep safe This is a list of documents that are required for property What is ‘compensation’? cases. You should keep all of these documents safe, in Something, usually money, which is given to case you ever have a problem with your property that someone in exchange for loss or suffering. you need to complain about: property cards The prison service is responsible for keeping property that is stored in a safe and undamaged environment. If cell clearance certificates stored property is lost or damaged when it is taken from property records for transfer you, or during a prison transfer, the prison service will property disclaimers have to pay you compensation. regional facilities list When you are discharged from prison and are not written records of property transactions. expected to return, all of your property (in possession and locally stored) should go with you. 22 qmul.ac.uk qmul.ac.uk 23 How to get your property When you get your back from the prison response My property was lost, stolen or damaged, and Did the prison respond to me and What is an appeal? I would like to make a complaint to my prison. am I happy with their response? An appeal is when you ask someone with more authority or power to review a decision and make sure the right decision was made. Was my property lost more than YES NO three months ago? If the prison is going STEP 4: Appeal by submitting a YES NO to compensate me, COMP 1A form within 7 days of the amount of money receiving a response. that will be given to me should be equal to the value of the property. Continue with a COMP 1 STEP 1: Fill in This should include: Form and follow the chart, a COMP 1 form. how my property was stolen, lost or Did the prison let me know If the prison but explain why you could damaged that my appeal was successful? YES is going to not submit it earlier. a list of all the items compensate me, when/where the item(s) were purchased money will My money will be put the value of the item be put into in my personal a receipt. my personal prisoner account. account. NO Is English my first language? Did the PPO uphold What is the PPO? my complaint about The Prisons and Probation whether I should be STEP 5: Complain to Ombudsman (PPO) looks into YES NO compensated? the PPO within complaints made by prisoners, three months. and they can help you with your property complaints. STEP 3: Wait 5 working STEP 2: Get my COMP 1 You may fill in the form I can request for YES NO days for a response. form from my prison wing/ in your own language, the decision to be residential area. Submit but it may take the reviewed again. my COMP 1 form by posting prison longer to give it in the locked complaints you a response box in my prison. (5 working days). The PPO will make a recommendation to the Prison Governor regarding my property. 24 qmul.ac.uk qmul.ac.uk 25 FORM COMP 1 An example FORM COMP 1 FORM COMP 1 – Prisoner formal complaint Prisoner formal Establishment: Category A Serial Number: XXXXXXXX *Before using this form If you are unhappy with the response you can complaint please read these points* A written complaint should be made within 3 appeal using form COMP 1A within seven days of the response to your COMP 1 This form is for complaints. If you are asking a question or making a request, please use the months of an incident or you finding out that the application system instead incident happened The protected characteristics are: Age, Disability, When you have completed this form, post it in the Sex, Marriage & Civil Partnership, Pregnancy & complaints box provided Maternity, Race, Religion or belief, Sexual Orientation and Gender Reassignment Your Details (please use BLOCK CAPITALS): First name(s): JOHN Surname: DOE Prison Number: A1234AA Wing: A Is your complaint about how unsafe you feel? If so, is it linked to: Violence, bullying or threatening behaviour YES / NO Self-harm YES / NO Is your complaint about discrimination, harassment or victimisation because of your protected characteristic? YES / NO If ‘Yes’ please explain why within your complaint. Signed: Dated: $- - - - - - - - - - - - - - - - - - - - - - - Please Cut This Out & Hand to the Prisoner - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Prisoner Name: Prison Number: Serial Number: We have received your complaint dated which will now be dealt with by the team named below. You will receive a response on the date given. Team: Date for Response: 26 qmul.ac.uk qmul.ac.uk 27  An example FORM COMP 1A In some cases your complaint may not be easy enough to resolve in the time given or may need FORM COMP 1A - Prisoner’s Appeal against the Response referring to another member of staff. When this happens you will get an interim response before the date above, which will let you know why there has been a delay, and name the person the complaint to a formal complaint has been referred to. Establishment: Category A Serial Number: XXXXXXXX Here is an example of a complaint: *Before using this form please read these points* This form is for you to appeal against the response to the written complaint that you made Say clearly why you are not happy with the response from us In April 2020, I was transferred from HMP Spring Hill to HMP Huntercombe. I was able to obtain most of my in-possession items shortly after arriving, but my wallet with pictures of my son is When you have completed the form, post it in the box provided missing. If you are still not satisfied, you can send your complaint to the PPO (Prisons and Probation Ombudsman) I had it at HMP Spring Hill and I believe that was written down on my Property Card, but I can’t check because my Property Card is lost. One of my other items transported from Spring Hill has been damaged. This is a watch which was purchased in 2016 and was worth £800 at the time it was purchased. Your Details (please use BLOCK CAPITALS): First name(s): JOHN Surname: DOE Prison Number: A1234AA Wing: A Here is an example of what you want done about your complaint: Original Complaint Serial Number: 29182999 Today’s Date: 26 November 2020 I would like HMP Huntercombe to contact HMP Spring Hill in order to retrieve my wallet from their I agree that the PPO can process the personal information contained in this complaint for the premises and to compensate me for the damages to my watch. purposes of investigating my complaint YES / NO Signed by prisoner: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - $- - - - - - - - - - - - - - - - - - - - - - - Please Cut This Out & Hand to the Prisoner - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Serial Number Prisoner Name: Prison Number: Serial Number: We have received your complaint dated which will now be dealt with by the team named below. You will receive a response on the date given. Team: Date for Response: 28 qmul.ac.uk qmul.ac.uk 29  Some more helpful information about Appeal: Why aren’t you happy with the response to your complaint? the complaints procedure I submitted a complaint in July 2020 (copy attached) and received a response in early October 2020 If the prison does not respond to your complaint, you should submit another COMP 1 form, (also attached) stating that the prison was unable to locate my wallet and offering compensation for including the details about what happened and the details (with dates) of the first COMP 1 form. it, as well as my damaged watch. The compensation offered is lower than what I believe is appropriate You should also say that you did not receive a response. (£100 instead of the £300 expected). I would like to appeal this response. You should describe your property in as much detail as you can. If you do not get your property back after you have been transferred, you should write this on your COMP 1 form. Your prison has five working days to respond to your complaint. They should tell you how they are going to help you and what the next steps are. If an issue is very complicated, things may take longer, and you may receive a response explaining the reason for the delay. You should receive a full response after another five working days. If you appeal, you must give reasons for why you think the decision was not made correctly. For example, that the prison did not value my item correctly. When complaining to the Prisons and Probation Ombudsman (also known as the PPO) If you are not happy with the outcome of your complaint to the prison, you may be able to complain to the PPO. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - You must firstly go through the internal complaints procedure at the prison (outlined earlier). If this is unsuccessful, you can then complain to the PPO, but only if there is new or different evidence in relation to your complaint. Complaints must be made in writing and be sent through the post. You should include copies of the complaint and The letter should be posted to the following the appeal, along with the responses given to address: you. Prisons and Probation Ombudsman You should also include a note describing the Third Floor issue and write down 10 South Colonnade the reasons why you are not happy with the Canary Wharf, result of your appeal. London E14 4PU The PPO has three months to respond to you. Remember: Even though the PPO may encourage your prison to act in a certain way, your prison does not have to follow their suggestions. 30 qmul.ac.uk qmul.ac.uk 31 Legal action “Valuing” your claim The possibility of legal action The legal basis of a property claim If your prison has been negligent (this means they did In most cases, claims about lost property will be dealt Whether or not your claim will be successful will depend on whether or not your prison has been negligent not properly look after your property), they will provide with without any need to take legal action. towards you. you a sum of money for your claim. However, sometimes legal action is needed. This will require taking your case to the County Court. The prison will give you an amount of money that tries Negligence has four parts: It is very likely that you will have to represent yourself to put you back in the position you were in before your and pay the Defendant’s costs if you lose your case. Duty of care property was lost/damaged/stolen. How do I start a claim? Breaching a duty of care REMEMBER If you are bringing the claim you are known as the The breach caused the loss/damage of your property The amount that the prison gives you for your property will be based on the value of it at the time “Claimant”. The loss/damage is linked (in law this is known as not being too remote) that it was lost or damaged. You are accusing the Ministry of Justice who is For example: if you paid £40 for your digital watch, known as the “Defendant”. If your prison is public, but it was only worth £20 when it was lost, the the Defendant will be the Ministry of Justice, but if 1. Duty of care 3. Causation prison will only give you £20. your prison is private, the Defendant will be whoever runs the prison. When your prison owes you a “duty of care” it means This means that your prison’s breach must have led to The prison will base this decision on how much it that they have a responsibility to not behave in a way your property being lost or stolen. would cost you to replace the item. You will need to get a claim form from the County that could cause you harm. Court. 4. Remoteness Prisons always owe a duty of care to individuals in You will be claiming that the Ministry of Justice has This checks whether blaming the prison for the lost/ their custody. This is because: been ‘negligent’ towards you. damaged/stolen property is fair. If the loss is too far your relationship with prison staff is close enough away from the facts of the breach then you may not be that they have a responsibility to care for you, and able to claim for the loss. What does NEGLIGENCE mean? you could easily be harmed if your prison does not If your prison has been ‘negligent,’ it means that they have not taken respect their duty to care for you. proper care of you and your property. 2. Breaching a duty of care What does BREACH mean? Breach literally means ‘to break’ Here, it means that your prison ‘breaks’ their responsibility to care for you Has your prison “broken” their duty of care towards you? For example, the duty of care may be broken if your property goes missing because a guard left your cell door unlocked when they should have locked it. Question to think about: Lost/stolen/ If the prison had not Breach of Duty damaged breached their duty of care property to me, would my property still have been lost/ damaged/stolen? 32 qmul.ac.uk qmul.ac.uk 33 Pre-Action protocol Issuing a claim in court To issue a claim, you must first follow the Pre-Action Small Claims If you are not satisfied with the outcome of the Details you will need to know Protocol. To do this, you must send a letter of claim to Pre-Action Protocol, you will need to fill out and send when filling out N1 and Fee If a claim can be decided in court the defendant including a summary of the facts, the an N1 Claim Form, which costs a fee that you must pay. legal basis of the claim and the remedy you are looking in one day, it is typically a small You can get this form from your local County Court. If Remission forms: for. If your prison is public, you must send this to the claim. you cannot access (get) it then speak to your prison officer - they will be able to help you get one. Court Address: Ministry of Justice with a copy to the Government Legal Small claims are claims up to the Department. If it is a private prison, you send it to the value of £10,000. County Court Money Claims Centre When you fill in the form, you will need to include brief private contractor who runs the prison. PO Box 527 details of the claim, such as a description of the problem Given the small value of this type of claim, it is very and the legal claim being made. Salford unlikely that you will be able to have legal support without having to pay for it privately. M5 0BY The court decides the size of the claim to work out which Your letter of claim should include: Defendant Name and Address court it should be heard in. Most property cases will be A summary of the facts. (if your prison is public): classified as ‘small claims’. The legal basis of the claim (negligence). Ministry of Justice Court Fees The remedy claimed (how much money 102 Petty France you are asking for because of the loss or You must pay a court fee when you are making your claim. How much you must pay depends on the size of your Westminster, London damage you have suffered). claim, or how much money you are asking for. That you will issue a claim in court unless SW1H 9AJ there is a response in 21 days. Claim amount Paper form fee Online claim fee Up to £300 £35 £25 N1 forms and Fee Remission forms can be requested from the local County Court. £300.01 to £500 £50 £35 These forms will ask you to fill out a section called ‘defendant.’ If you are in a public prison, the ‘defendant’ is £500.01 to £1,000 £70 £60 the Ministry of Justice. You can see their information details on the next page. £1,000.01 to £1,500 £80 £70 You should send a copy of your Letter of Claim to the Governor of the Prison and the Ministry of Justice (because they are the ‘defendant.’) You should also keep a copy for yourself. £1,500.01 to £3,000 £115 £105 £3,000.01 to £5,0000 £205 £185 £5,000.01 to £10,000 £455 £410 REMEMBER: Bringing legal action should be your very last option, and you should think about your choices carefully before taking If you have little or no savings, or you have a very low income, you may be able to pay a lower amount of fees. the matter to court. To apply, you must fill out an EX160 form. This form can be requested from your local County Court. You may qualify for a lower fee if: your income is less than £1085, or your savings are less than £3000. 34 qmul.ac.uk qmul.ac.uk 35 Example scenarios Use these example situations to see how much you can remember about property taken by the police. Scenario 1 Scenario 2 Steve brought photographs of his family, his favourite hoodie and his chain to prison. Once he arrived, the Malik’s watch went missing a week ago and he wants to make a complaint. prison staff confiscated his hoodie and the chain (which meant a lot to him). 1. Are the prison staff allowed to confiscate 2. What happens with Steve’s confiscated 4. What happens if the complaint was not 1. What should the COMP 1 form include? Steve’s property? property? upheld? ANSWER: The COMP 1 form should include: ANSWER: Malik can appeal by submitting a ANSWER: First of all, the Prison Governor ANSWER: Anything Steve can’t keep is going how the property went missing, COMP 1A form. is not allowed to permanently take Steve’s to be given to visitors or placed in a sealed property. They can confiscate the hoodie bag and kept in a safe inside the prison or in what the missing items are (in this because any clothing item with a hood is a storage unit outside the prison until Steve scenario, the watch), prohibited. However, they are not allowed to leaves. when and where the watch was bought, confiscate his chain if its value is under £100. 5. What does Malik have to do if the appeal the value of his watch, was still not upheld? the receipt. ANSWER: He can complain to the PPO within three months. 3. How will the prison know that all his property is there? 2. How will Malik submit the COMP 1 form? ANSWER: The Property Card - this provides a list of the items Steve brought with him to prison. 6. What happens if the PPO accepts Malik’s When Steve arrives in the prison, he has to sign a form to ensure that he saw that the staff sealed ANSWER: By posting it in the locked complaint? his property in a bag, that his things are safe and in good condition and, when Steve is released, complaints boxes in the prison. to declare that all his property is there. ANSWER: The PPO will make a recommendation to the Prison Governor. This 3. Once the complaint is submitted, how doesn’t mean that Malik will certainly get long does Malik have to wai