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Trying to silence me didn’t work
This month marks one year since I sat in front of a disciplinary hearing at Petty France.

Interview outside Petty France straight after the disciplinary hearing
I had stood up and spoken out publicly on the state of our prisons and the state of the Independent Monitoring Boards that has a statutory role within each prison. Some may think I was too severe, and undermined the work that was done by volunteers. Others praised me for being brave enough to speak out as they were too fearful to face the consequences themselves.
I spoke from my experience and I spoke the truth. Seriously, the IMB is a shambles for the main part, a weak voiceless organisation that purports to be independent. Yes, there are some serious members that care about their role but blink and you will miss them! It’s not independent by any stretch of the imagination, it’s a department of the Ministry of Justice based at the MoJ headquarters Petty France.
I didn’t have to appear at the disciplinary hearing, the MoJ/IMB could have made a decision on my future as a Chairman of an IMB without my presence. I was determined to be there and try to uncover the ridiculous allegations against me. What a farce it was. I had been suspended from my role for 8 months and during that time was investigated twice by the MoJ.
During the investigation, I learnt that the article I wrote “Whistle blower without a whistle” in the Prisons Handbook 2016 was not an issue with the IMB Secretariat. The problem was that I spoke to the press. I was interviewed by my local paper ‘East Anglian Daily Times and by the ‘InsideTime’ prison newspaper. Suddenly my story was not only out in the open but was in every prison across the country.
Then came the prejudicial character assassination by both MoJ and IMB. I had struck a raw nerve. Three years previously the MoJ had commissioned Karen Page Associates to review the IMB. Conclusion was the IMB needed root and branch reform. They were so right, each board operating as a separate entity. There was nothing earth shattering about by article, I raised similar points to the review so why did the MoJ/IMB try to shut me down and silence me?
I believe it was a campaign initiated by a member of my board who had the audacity to send in additional material to the disciplinary hearing as he was scared that the decision would go in my favour and that I would reveal what was really going on in the IMB. It was rejected of course.
I didn’t realise that when you needed support or help in situations you faced as a member of an IMB it wouldn’t be available. There is so much I could say but basically the care team made up of members around the country that you could approach for support and guidance had been disbanded. So where difficult situations arose I was on my own.
Entering the hearing I was faced with a couple of familiar faces. The first panel member was on the executive committee for AMIMB. The same association that without permission had taken part of my article and printed it in their magazine and sent it to their members. So, no impartiality there.
I realised the MoJ had decided to change the terms of reference for the investigation without informing me, is that right?
The investigation was as a result of being suspended yet the direction and conclusion of the investigation had changed. I also found out the MoJ had been watching my every step for months and had a list of what I had said and when. Boy they were determined to silence me. I requested notes taken during the hearing and was disappointed but not surprised that so much that I had said was missed out. I don’t know what so-called “evidence” was sent to the Prisons Minister everything was done behind closed doors. They had made up their minds, nothing I could say or do would change that. Just as in the beginning of their campaign against me I knew there would not be fairness. Ironic that the IMB strapline is “Monitoring fairness and respect for those in custody”
Trying to silence me didn’t work
Since the hearing and at every opportunity without my hands being tied anymore, I have spoken out for positive change in the Criminal Justice System both locally and nationally.
I have met some amazing people, visited excellent schemes within prisons and worked with those I admire for their stand.
In trying to silence me the IMB/MoJ have given me a voice, a National voice. As I have said so many times before, I have never tried to raise my personal profile, for me the priority has been the issues I have raised. If you knew me you would understand this.
There have been so many that have walked beside me over the past year, some I have laughed with and some cried with. We have encouraged each other, we have shared our stories. I thank them all.
I am stronger now than I was a year ago and even more determined to play a part in the change that is needed within the Criminal Justice System.

Contrarian Prize 2017 nominee
I feel proud to have been nominated for the Contrarian Prize for 2017 and thank you to Ali Miraj and the judges for considering me for this prestigious prize. My congratulations go to Professor Patrick Minford for winning the Contrarian Prize 2017.

Ali Miraj with Faith Spear
This is the Mission statement for her Majesty’s Prison Service for England and Wales:
“Her Majesty’s Prison Service serves the public by keeping in custody those committed by the courts. Our duty is to look after them with humanity and help them lead law-abiding and useful lives in custody and after release”
I’m sorry but this is nonsense
- The reality is that on average there is a suicide in prison every 3 days
- Violence is on the increase
- Self-harm is on the increase
- Drugs are everywhere.
- Prisons are overpopulated and under staffed.
- Many prisoners are locked in their cell for up to 23 hours per day with little to do and little to eat.
Our prisons are in crisis but reform is taking too long. It has become a humanitarian issue.
Yet, for speaking the truth to those in power for prison reform I was bullied, ostracised, suspended and investigated by the MoJ for misconduct.
Despite a prejudicial character assassination against me, continuing to speak out for prison reform and for speaking to the press was, according to the MoJ, gross misconduct so the Prisons Minister dismissed me from the Independent Monitoring Board for 5 years.
I haven’t finished yet I’m just getting started. I assure you this I am not shutting up and I am not going away. I will put this nomination to work immediately by using my voice as a Contrarian to assure reform in the Criminal Justice System.
I’m not here to join the debate I’m here to change the debate…that’s what Contrarians do!
Over 60,000 allocated visits in prisons by the IMB
Did you know that there are between 60-65,000 allocated visits by the IMB to Prisons and Immigration Removal Centres each year?
This allocation is dependent on the money available for expenses such as travel and subsistence. But that is not the actual number of visits.
I can reveal to you for the first time that since April 2016 HMP/YOI Hollesley Bay, an open Cat D prison, only achieved 58% of its allocated visits.
That cannot be effective monitoring and yet the MoJ has repeatedly told me that effective monitoring is going on there. Really?
How many more prisons do not satisfy their allocations?
If the projected percentage of allocated visits turns out to be 58% in terms of actual visits across the custodial estate then monitoring in YOIs, HMPs and IRCs is dangerously low. It also means that this part of the National Preventative Mechanism (NPM) is dysfunctional.
The IMB is very topical on Twitter now and that’s not just because of my story.
There are many vacancies on boards from Cat D open prisons to closed and remand prisons. It’s not a glamorous job, you need passion, determination, time, and a true interest in the welfare of prisoners and the mechanisms of the prison estate. Oh and you won’t get paid, there are no guarantees that your voice will be heard and there is a lack of support from IMB Secretariat. If you can get beyond all that, apply.
Some IMB members only visit wings to retrieve applications from the IMB boxes and perhaps to speak to those that have asked to see them. But if the IMB members are regarded by prisoners as practically useless, having no influence and are part of the MoJ then what are tax payers paying for?
Annual Reports
Every IMB is required to write an Annual Report. However, by the time it is published it is so out of date that it precludes any chance of swift meaningful action to resolve issues and will be filed away to collect dust just as previous years.
Am I being harsh? NO.
I have spent hours and hours preparing, collating, and writing Annual Reports. I was determined that the 2015/16 Annual Report for HMP/YOI Hollesley Bay would be different, that it would not be cut and paste as previous years. But there will be no Annual Report for 2015/16. I don’t even know where all the preparations went it was abandoned when the HBIMB ambushed me on 19th April and ostracised me in reprisal for speaking out for reform.
I recently learned that HMP Doncaster didn’t publish an Annual Report and it does not even have an IMB board. When the Chair left the board followed and it then had to rely on members from other prisons dual boarding.
So how many other IMB’s are suffering from similar dilemmas?
Updated 07 March 2017
Its even worse at HMP/YOI Hollesley Bay than I revealed when I posted this blog on Sunday.
Information made available to me show new figures for the actual number of visits is even lower.
Allocated visits were 354 actual were 204. New figures allocated visits 354 actual were 196.
Just 55%, Lousy performance means that when monitoring is not effective it places people in custody and people who work there at higher risk.
Sorry, can you speak up?
The Independent Monitoring Boards (IMB) and the Association of Members of the Independent Monitor Boards (AMIMB) have been invited to give oral evidence to the Justice Select Committee on Tuesday 31st January 2017.
We will all watch with interest.
Especially since neither IMB or AMIMB have a voice.
The two bodies have not conducted themselves well in my opinion and in my experience. And have been ‘at loggerheads’ with each other for years.
Lack of support they show for their members is as shocking as it is lamentable.
It’s clear that I’m far from alone in thinking this; many others know it to be true but are, for the moment anyway, unable to vocalise it publicly for fear of reprisals, similar to those dished out to me.
UPDATED Wed 1st Feb
Well, did you attend or watch online?
In your opinion, how did they do?
~
Never be afraid to speak the truth to those in power*
A letter from the Ministry of Justice landed on my doormat yesterday morning. I was expecting it and with trepidation it was opened and carefully read.
To download and read, please click here.

I shed a few tears. And then I replied!
To download and read, please click here.

9 months after I wrote an article in The Prisons Handbook 2016 the curtain has fallen on my time in the Independent Monitoring Board (IMB). I am dismissed with immediate effect for a period of 5 years.
I kept my word and saw this sorry episode through to the end. There are no winners or losers.
What I now know through personal experience is that if you level criticism about the Criminal Justice System you can guarantee the weight of the system will be upon you. In my case I faced an investigation by the MoJ that was biased to begin with and full of lies.
Paperwork from the start shows this was a deliberate and prejudicial character assassination designed to shut me up in the hope I would give up go away and to discredit me. I have the evidence and so does the MoJ but they have been selective with it.
But I am stronger than that and I have done my best to stand up to everything that has been thrown at me. Reports that I have read about myself written by the MoJ bear no resemblance to me and yet they have been used against me and yes, the Prisons Minister Sam Gyimah has taken them on board and made his decision.
I cannot change this decision. I have appealed and my voice may have been ignored by him but my voice has traveled far.
So, what now?
I am already on the record as saying “The Ministry of Justice has left me with no alternative than to take more robust action in the public interest” and that is exactly what I will do.
This doesn’t mean I will retaliate and seek retribution. However, since I am not gagged anymore I could reveal considerably more information about dishonesty and real misconduct I have encountered.
The IMB Secretariat, current and former IMB members, MoJ wonks and HMP/YOI Hollesley Bay staff including Governors should reflect carefully on their own behaviour before shouting down a volunteer monitor who decides to write about what they have seen and heard.
They chose to make it personal whereas I wrote about the issues.
Throughout this last year, I have kept my integrity and I have been truthful about what happened. I have never sought to elevate myself.
I am passionate about the issues I have raised for prison reform and I have no intention on being quiet or giving up, no not for one moment.
As many readers will know my motto has become #notshuttingup #notgoingaway and that is how it will continue.
Our prisons are in crisis and reform is taking too long.
~
* acknowledgements to Sir Ivan Rogers‘ email
My statement today outside Petty France

Today, the Ministry of Justice has left me with no alternative than to take more robust action in the public interest.
Officials in Petty France have brought a disciplinary hearing against me. They accuse me of misconduct as a result of speaking out for prison reform.
An investigation into my behaviour was conducted at tax payers’ expense and brings into question my independence and my integrity. I am woman volunteering with the Independent Monitoring Board and I hold a public office.
The Ministry of Justice has chosen to disregard the evidence I provided of real misconduct including leaked emails between others in the Independent Monitoring Board.
This just scratches the surface and is a matter of substantial public interest.
Therefore, in front of the disciplinary panel and without permission for legal representation, I will disclose why the decision of the then prisons minister Andrew Selous MP six months ago was based on a prejudicial character assassination of me by those who want me to shut up and go away.
I am not shutting up.
I am not going away.
Our prisons are in crisis and prison reform is taking too long.
MOJ draws battle lines against prisons reformer
And she just happens to be a woman.
Guest blog by Joseph Spear.
Earlier this week, my remarkable wife Faith Spear received an email from the Ministry of Justice.
Attached was a letter on IMB letterhead notifying her that she is now to face a disciplinary hearing.
Has it really come to this?
Those of you who’ve been kind enough to follow Faiths’s unfolding situation will no doubt agree this represents quite a turn of events.
The spoken word
The written word is powerful, which is why we blog – right, but there are times when even that cannot replace the spoken word.
Over dinner, I took out my mobile phone to record my conversation with Faith.
Afterwards, I played it back to her. Twice.
She listened to it. Carefully. Twice.
We sat in silence for a while. Then she said: “That’s the real me. People who think I want to abolish the IMB have totally misjudged me and the situation. The people doing this at MOJ have never even met me. They’ve no idea who I am or what I stand for.”
This blog site doesn’t support playing an audio file but if you want to listen to what she said just email me [joseph dot spear at gmail dot com] and I’ll send you over a copy.
The audio lasts 14 mins 25 secs. I’ve not edited it. It’s just her and I as we are. There are some gaps but it’s best if you play it to the end.
Thank you.







How it got to this is a long story.