Introduction

This chapter provides a background and history on the use of prisons as places of detention; explains who can be detained in a prison; highlights key concerns about detention in the prison estate, and points to further reading.

You will also find prison-specific information and guidance throughout each of the chapters in this handbook. This information further highlights how the rules governing detention in prison are different to those governing detention in IRCs, and the shortcomings in protection and safeguards for people detained under immigration powers in prisons. In particular, for information on specific topics as they relate to people detained in the prison estate you can refer to:

• What to expect in prisons for visitors

• Prison Service Instructions & Probation Orders

• Finding a legal advisor for a person detained under immigration powers in the prison estate

• Bail for people detained in the prison estate

• Assisted Voluntary Returns Schemes

A Note on Language

People detained in prison under immigration powers are commonly referred to as “Foreign National Offenders (FNOs)”, “Foreign Criminals (FC)” or “Non-British Citizens” in policy and in the media. We will use these terms in inverted commas when we are making reference to particular policies, legislation or practice. Otherwise, we will talk about people held under Immigration Act powers in prison to talk about people who are detained in prisons for immigration purposes (i.e. they are not in prison serving a sentence for a criminal conviction).

This is because the use of language such as “FNOs” positions people as outsiders, it fails to recognise the difference in people’s experiences, and it conflates existing biases that are closely tied with race and racial hierarchies. These terms do not reflect how people affected by these policies see themselves, some of whom were born and raised in the UK and identify as British. And, this language criminalises a particular group of people who are already affected by legislation and rhetoric which position migration as a crime.

Visitors play an important role in re-asserting that people in detention do belong in UK communities - even if this is not recognised by UK authorities - and bridging the divides that are created by detention. How we talk about people is an important starting point.