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Offence of False and Malicious Allegations by Prisoners

NCJ Number
82557
Journal
British Journal of Criminology Volume: 22 Issue: 1 Dated: (January 1982) Pages: 21-35
Author(s)
G Zellick
Date Published
1982
Length
15 pages
Annotation
The article discusses the offense of false and malicious allegations by prisoners in England against prison department officers and procedural reforms which might be introduced to deal with the problems generated by this offense.
Abstract
The statutory rules establish the machinery for ventilating grievances within the correctional system. Prisoners may apply to the governor, to the board of visitors and its visiting members, to visiting officers of the Secretary of State, and to the Secretary of State. But the rules make it a punishable offense to make a false and malicious allegation against an officer or repeatedly to make groundless complaints. Until recently, prisoners were allowed only limited opportunities to communicate their prison grievances to those outside the prison system. However, under a new regulation, a complaint about prison treatment may be mentioned in correspondence as soon as it has been made through the prescribed internal procedure. Justifications for this offense are that it helps to maintain discipline and protects prison officers from allegations that may damage their careers. Reforms to deal with problems generated by this offense include procedural alterations, substantive alterations, and outright abolition. The article concludes that the offense should be abolished because genuine grievances are deterred under this system. A total of 15 references and a list of abbreviations are provided.