Report of the Inquiry into the circumstances of the Death of Bernard ...

Chapter 19:
THE SEARCH AND THE INCIDENT IN THE CELL (1): CONSIDERATION OF THE
DECISION TO SEARCH THE CELL AND THE CONDUCT OF THE SEARCH
Introduction
19.1 The Inquiry undertook to examine conflicts in the evidence about the reasons for
the search, the justification and conduct of it, the incident in the cell and whether these
events may have contributed to Sonny Lodge’s vulnerability. This chapter considers the
justification and conduct of the search. The next chapter considers the incident when
Sonny Lodge came back to the cell. Findings relating to both the search and the incident
that happened afterwards are in paragraph 20.9.
Consideration
Loss of association
19.2 The wing based disciplinary system that had been criticised by the Prisons
Inspectorate was not confined to K wing. In 1998, the Inspectorate commented:
“All the officer had to do was to record in a book the prisoner’s name and state why
association had been stopped. Although this also required the counter signature of a
SO, it was not done in some cases.” (HMCIP 1998, paragraph 3.34)
19.3 On G wing on 27 August, Officer Downs decided Sonny Lodge should be locked
up for the evening. He said it was not necessary to seek a senior officer’s approval as a
senior officer (SO) was present when he told Mr Lodge. Officer Downs said that if the SO
disagreed he would have said so. He saw no difficulty about the SO seeming to
undermine a prison officer’s authority in front of a prisoner. There was no record of the
punishment in the restriction of facilities record as required. Officer Downs said he
intended to complete the record later in the evening. By then the SO would have gone
off duty so could not have signed the record as required, that day.
19.4 The incident illustrates the inspectorate’s observation about a lack of proper
managerial supervision.
Mr Gray’s request to stay in during association
19.5 Sonny Lodge’s cellmate, Mr Gray, said he asked to stay in the cell during
association because he was concerned about Sonny. The inquiry does not know to
whom Mr Gray made this request or in what terms, nor indeed can the inquiry be certain
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