Paralegal Advisory Services

Crafting Interventions in prisonsBy Elinor Wanyama Chemonges

Gaining Entry and Acceptance into Prisons

Relevance of your programme to the prisons as an institution and to the needs of inmates. Is your intervention aligned to the Prisons strategic plan or priorities?

What challenges are your interventions going to address? What value addition is your programme to both the

institution and the inmates? E.g. PAS helps to engage the prisons Social workers

How different is your intervention from the already existing interventions by prisons and other LASPs?

What you need to know about the Prisons Population

There are different categories of Prisoners Have high expectations from whoever comes in to

assist them They expect “quick fixes” Often do not tell the truth at the onset . Therefore you

need to verify their information and be patient. Some inmates are suspicious of betrayal and as such

may conceal information if they do not trust you. They want positive feed back and not condemnation.

What you need to know about the Prisons Population Inmates want to be treated as individuals and not

numbers. They desire privacy while discussing their individual cases

They want to know the truth about their fate so do not promise to intervene in cases where you are unable to do so in practical terms e.g promising community service sentence in case of Plea of guilty

Not all inmates are charged with criminal offences, some may be in prison having been committed to civil prison (Civil matter).

Getting Started – what you need to know

You ought to have clearance and permission from prisons’ authorities in order to have access to the prisoners

Develop rapport with the prisons authorities and make yourself approachable by inmates

Respect of the prison’s routine program and protocol to avoid interference/ inconvenience

Make your contact period with the inmates certain. Avoid surprise visits

Have basic knowledge in criminal law and procedure in order to properly advise the prisoners

Getting Started – what you need to know Beware some inmates may have some practical experience in

criminal processes having had some exposure in court and having heard word of caution from fellow inmates. So you ought to be on top of your game lest you be challenged by the ‘all knowing inmates’.

Always tell the inmates the truth in respect to their cases (pursuant to the law), even though that may appear discouraging.

Give timely feedback, promise only what you can deliver

Caution on what you need to do or avoid Do not get emotionally attached to inmates by personalizing their

problems Do not give your personal telephone contacts with inmates. They can

use it for the wrong purpose since some of them are habitual offenders.

Gender insensitivity. Males intervening in the females section and vice versa without proper guidance.

You need to respect the Prisons rules and regulations e.g. Do not be used by inmates to bring in or take out uncensored materials or illegal materials. Submit yourself for security checks

Be sensitive to gender requirements. If possible have female staff working with females. Females who have to work with males should always be accompanied by male colleagues.

Remember to dress decently and not provocatively

Best Practices from PAS

We need to use creative ways of raising awareness. PAS has successfully used drama to sensitize inmates.

Inmates need to hear from the JLOS institution representatives. PAS has mobilized the Police, Magistrates, State Attorneys, Community Service Officers and Advocates to address inmates.

PAS has also engaged inmates and trained them to deliver information to fellow inmates

Linking inmates to: relatives/friends/ relevant in institutions/ authorities by phone and through physical contacts to offer additional services

Engage individual inmates to offer psychosocial support. Work with other Legal aid service providers and government structures

e.g. attending district coordination committee meetings.

Working Partnerships

Legal aid is very vast and as such there is no single partner that is self sufficient. There is need to use partnerships to provide a holistic legal aid service. You may not be able to provide all types of legal aid.

NGOs get involved in legal aid service provision due to an existing lacuna by a state agency. There is therefore need to partner with Government agencies like the police, DPP’s office, judiciary and prisons to provide legal aid services

There is need to have partners to whom you can refer clients or receive referrals for comprehensive legal aid service.

Partnership with government structures e.g. JLOS working groups, Regional and District Coordination committees help to address issues and challenges with policy makers.

PARALEGAL ADVISORY SERVICES

CODE OF CONDUCT FOR PARALEGALS AND SOCIAL WORKERS WORKING IN THE CRIMINAL JUSTICE

INSTITUTIONS

PreambleThe purpose of the code is to provide clear guidance to, and regulate the conduct of Paralegals and Social Workers both within and outside the Criminal Justice Institutions including; Uganda Police Force, Magistrates’ Courts, Uganda Prisons and the Offices of the Resident State Attorneys. The Code further promotes the trust and confidence of the relevant authorities within the above mentioned institutions in the Paralegals and Social Workers while respecting their independence and integrity.

Preamble Contd

Paralegals and Social workers working in the Criminal Justice Institutions will be bound at all times by this code of conduct.Accordingly, I the undersigned, agree to the following;

To access and interact with officers of the criminal justice institutions as well as persons in conflict with the law only with official authorization from the respective authorities. Even when prior consent of authorities has been granted, to abide by any decision withholding right of admission.

1

To clearly identify myself with a valid identity card with my designation as a Paralegal or Social worker and wear a uniform bearing the label of the Paralegal Advisory Services while on the premises of the Criminal Justice Institutions.

2

To work in cooperation with the respective Criminal Justice Institution authorities at all times and seek the advice and guidance of relevant staff in the above mentioned institutions when in doubt. In particular, to notify the relevant authorities in good time of dates and times of proposed visits and to advice promptly of any cancellation.

3

To submit at all times to the authority of officials of the respective Criminal Justice Institutions including the right of Security staff to search my person.

4

To hold open meetings with suspects/prisoners as well as their relatives and welcome the attendance of the holding facility staff or court official.

5

In exercising my duties in the Criminal Justice Institutions, I shall not accept bribes from suspects, prisoner’s or their relatives and friends at any time.

6

To refuse any meeting with a suspect/prisoner to which the rules of confidentiality should apply unless either the consent of the authorities has been requested and granted beforehand, or in the company of a certified legal practitioner or other member of a formal body.

7

To refuse any request made to me by a suspect/prisoner or relative/friend that may compromise the security of the Criminal Justice Institution and specifically, not to communicate messages (verbal or written), or any item whatsoever (concealed or openly) for a suspect/prisoner or relative/friend or the suspect/prisoner without censoring from the relevant authorities.

8

To withdraw promptly from any scene in which the holding facility (Police or Prison) staff and suspect/prisoner are in dispute.

9

To quit the holding facility premises i.e. police and prison promptly at invitation of a recognized staff member.

10

Not to be alone in a police cell or a prison ward with a child or adult of the opposite sex. A third party should always be present.

11

To refer any communication from the press to the public relations officer of the relevant criminal justice institution or the Paralegal Advisory Services coordinating team; and not to issue any press statement or otherwise communicate to the press about the criminal justice institutions myself save through the channels prescribed.

Communication with the public12

____________________________________ ____________________________________ Paralegal/Social worker Signature   ____________________________________ Date     Witnessed by   ____________________________________ ____________________________________ Name Signature     ____________________________________ ____________________________________ Designation Date