Receiving the news of a loved one’s death while incarcerated is heartbreaking enough without being able to attend their funeral. Do UK prisoners have a right to go to funerals while serving sentences? This article examines the Ministry of Justice policies and parameters around inmate funeral leave, along with perspectives for and against accommodating grieving prisoners.
Legal Right to Funeral Attendance for UK Prisoners
Prisoners in the UK do not have an automatic legal right to attend funerals under the European Convention of Human Rights and national laws. However, the Ministry of Justice does provide guidance encouraging prison governors to grant temporary leave when appropriate. The stated policy aims:1
- To enable prisoners to fulfill their civic duty and attend the funeral of close relatives
- To contribute to prisoners’ rehabilitation by maintaining family ties
Leave is not guaranteed since security factors must be weighed. But within operational limits, prisons facilitate humane funeral access for inmates when feasible.
The Application and Approval Process
Inmates wishing to attend a funeral must apply for special purpose temporary leave, also called Release on Temporary License (ROTL). The typical process involves:2
- Written application stating relationship to the deceased
- Identity confirmation for the deceased
- Funeral details including date, time and location
- Assessment of the prisoner’s risk category
- Checks of conduct history and previous leaves
- Consultation with probation officers, police and social workers
Low-risk inmates with close family ties stand the best chance of approval. The prison reviews factors including security, resources, family relations, distance travelled, and victim concerns over release.
Transport and Supervision Conditions
If granted leave, the prison imposes strict supervision and transport conditions:
- Escorted transport to and from the service by prison officers
- Wearing special identification and tracking devices
- No personal clothing allowed; prison uniform worn
- Restraints used depending on risk assessment
- Restricted to the funeral service itself, no wakes or gatherings
- No contacting other family members without approval
Breach of any condition immediately revokes release privileges. Inmates remain under constant guard and monitoring during the temporary leave.
Considerations in Approving or Denying Funeral Leave
Prison governors weigh various factors when deciding funeral leave per official guidance.
Considerations Favoring Approval
- Demonstrated rehabilitation and progress
- Strong family ties to the deceased
- Good conduct record while incarcerated
- Low public safety risk
- Available resources for escorts
- Victim and family consent if applicable
Considerations Against Approval
- Serious original offence like violence or sexual crimes
- History of breached leave conditions
- Known public safety risk and escape attempt(s)
- Public sensitivity objections from victims
- Lack of escorting staff available
- Funeral located impractically far from prison
Victim rights are paramount when the prisoner’s offence harmed others. Overall, approval depends on balancing inmate needs against public safety priorities.
Perspectives on Prisoner Funeral Access
Prisoner funeral leave generates much debate between supporters and critics:
Arguments Supporting Funeral Access
- Allows closure and mourning as part of rehabilitation
- Maintains prisoners’ family and community connections
- Equivalent to compassionate leave granted other citizens
- Upholds human dignity even for those being punished
Arguments Against Funeral Access
- Funeral attendance is not an inherent right; security takes priority
- Potential risks like escape attempts undermine public safety
- Families may resent prisoners attending victims’ funerals
- The public views it as an unwarranted privilege
- Strains limited resources guarding inmates outside
- Brief leave changes nothing; rehabilitation occurs inside prison
Victims’ rights groups in particular tend to object to leave, fearing prisoner contact at funerals and questioning true rehabilitation. Sympathy for grieving inmates competes with maintaining justice and security.
Options Beyond Temporary Leave
If temporary leave is denied, some alternate accommodations exist:
- Live-streamed service: Prisons may allow remote attendance via video technology.
- Memorial service inside: Holding religious ceremonies involving the prisoner before/after the funeral.
- Increased family visits: Extra visitation allows grieving with family members.
- Counseling support: Providing psychologist consultations to process loss.
While not the same as physical attendance, such options allow inmates to grieve without fully leaving prison. Some means of participation can often be facilitated.
Conclusion
Navigating the loss of a loved one is painful enough without literally being confined at the time. While UK prisoners have no absolute right to attend funerals, authorities increasingly recognize the value of leave for rehabilitation. Within stringent supervision, many low-risk inmates deemed committed to reform may be granted escorted passes for final farewells. By upholding humanity alongside justice, the justice system can allow minimal comfort to the incarcerated in times of grief.
Frequently Asked Questions
Can UK prisoners request release to attend any family member’s funeral?
No, prisoners are only considered for temporary leave to attend the funerals of immediate family like parents, siblings, children, or spouses. Given limited resources, prisons prioritize direct relations. Friends and extended family do not normally qualify unless exceptional circumstances exist. However, other memorial accommodations may be explored.
Do UK prisons allow inmates to view live funeral streams online if they cannot attend?
Yes, many UK prisons now have systems to permit prisoners to view funeral live streams via video technology and supervised internet access. Wardens may approve this option for inmates denied temporary release but with close family links to the deceased. Remote attendance can provide an alternate form of closure.
While possible, it would likely constitute unlawful discrimination under the UK Equality Act. Prisoners have a protected characteristic status concerning gender reassignment. Denying transgender inmates leave to attend funerals recognizing their affirmed identity would require strong justification, and be vulnerable to legal challenge.
Are prisoners required to wear handcuffs throughout funeral leave in the UK?
Not necessarily. While high-risk category inmates may require constant handcuffs, governors can authorize discretion depending on the prisoner’s conduct and public safety risk. Lower-risk inmates may have handcuffs removed during the actual funeral service as long as sufficient officers supervise. Flexible restraint balanced against human dignity is encouraged.
Can UK prisoners with life sentences or serious crimes be denied any funeral access?
Prisoners serving life or for very serious offences like murder, terrorism or sexual violence are less likely to secure temporary release due to public safety concerns. But访问 are still theoretically possible subject to stringent security measures. Alternate accommodations would be explored first, but non-violent life prisoners may receive escorted leave if fully rehabilitated.