NCJ Number
180693
Journal
Howard Journal of Criminal Justice Volume: 38 Issue: 4 Dated: November 1999 Pages: 353-365
Date Published
1999
Length
13 pages
Annotation
This article examines the Prison Service's cross-posting policy in England and Wales, which is its key strategy for complying with the Sex Discrimination Act 1975.
Abstract
The discussion is based on research conducted between 1994 and 1995 in seven correctional facilities for male offenders. The research involved in-depth interviews and a questionnaire survey of male and female prison officers, as well as informal interviews with managerial and selected administrative personnel. The issues addressed in the research were how the requirements of the Sex Discrimination Act 1975 (SDA) have been translated into operational policy in the Prison Service, the success of the integration strategy, the ways in which the Service has sought to accommodate a more diverse workforce, and how official policy has been interpreted and implemented locally and the main difficulties of such integration. The 1988 Agreement on Consultation Procedures for Opposite-Sex Postings was an apparent attempt to establish a clear, objective process by which cross-posted officers could be accepted into prisons by forcing interested parties to justify and agree on their respective positions, subject to review, regarding the number of posts that could be open to opposite-sex officers in a prison. The Agreement specified that the only prison officer positions that can be exempted under the SDA are those numerically defined as necessary to ensure that the tasks impinging on prisoners' rights to privacy and decency are done by officers of the "appropriate" sex. This implies that a legitimate approach to interpreting the SDA would be to establish a quota of appropriate sex postings in a given prison, leaving all other posts open to officers of either sex. Unfortunately, the Agreement goes on to contradict this logical process by additionally requiring a limit on the number of opposite-sex postings regardless of the quota of appropriate sex officers established. The Agreement also failed to consider fully the policy's impact on existing prison policies and rules. This article recommends adopting a cross-posting policy that encourages full integration, with any attendant problems to be resolved by addressing challenges from legitimate quarters, such as those concerned with prisoners' rights or prison safety and security. 10 notes and 11 references