Prison (Restrictions on Visits) Direction 2012

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made on 8 October 2012:

Decision Reference: MD-HA-2012-0076

Decision Summary Title :

Prison – Restriction on Visits Direction

Date of Decision Summary:

8 October 2012

Decision Summary Author:

Executive Officer

Home Affairs

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

n/a

Written Report

Title :

The Prison (Jersey) Rules 2007, Rule 52(3)(a)

Date of Written Report:

8 October 2012

Written Report Author:

Prison Governor

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:

The Prison (Restrictions on Visits) Direction 2012.

Decision(s):

The Minister made the Prison (Restrictions on Visits) Direction 2012.

Reason(s) for Decision:

Rule 52(3)(a) of the Prison (Jersey) Rules 2007 states that the Minister for Home Affairs may issue directions regulating the issuing of visiting orders.

Resource Implications:

None.

Action required:

The Executive Officer, Home Affairs, to notify the Prison Governor that the Direction has been made and the Prison Governor to circulate the Direction within the Prison.

Signature:

Position:

Minister for Home Affairs

Date Signed:

Date of Decision (If different from Date Signed):

Prison (Restrictions on Visits) Direction 2012

Report for the Minister for Home Affairs

The Prison (Jersey) Rules 2007, Rule 46(7) states: “A convicted prisoner may accumulate up to 26 visits to which the prisoner is entitled under this Rule”.

The custom and practice in La Moye for many years has been to allow all convicted prisoners to accumulate any visits from their monthly allocation that they don’t use. Consequently, they carry visits over to the next month and then seek to be absent from their work place for excessive periods to take extra visits. This can be very disruptive to the prison regime.

The 2007 Jersey Prison Rules are based predominantly on the Scottish Prison Rules and the earlier Rules drew heavily from the Prison Rules for England and Wales. In UK prisons, individuals can be located very long distances from their home area and the spirit of accumulated visits is to allow prisoners who don’t receive visits, to save them and then transfer to their local prison on a temporary basis to receive them. If they are receiving regular visits in their allocated prison, they would not be permitted to accumulate visits.

The only prisoners who should be permitted to accumulate visits in La Moye are foreign nationals or UK residents who don’t have family or friends living locally and consequently, don’t receive regular visits. The UK residents can apply for temporary transfer to a UK prison to receive their visit allocation and the foreign nationals can receive extra visits here, if they have family or friends visiting Jersey.

We currently have two long-term prisoners serving their sentences in England, who transfer to La Moye twice per year to receive their visits here.