This thesis explores the experiences and perspectives of men imprisoned in the segregation unit at HMP Whitemoor in 2019, specifically with a view to understanding how the law functioned in this unit. HMP Whitemoor opened in 1992 and is one of eight prisons in the long-term high security estate (‘LTHSE’) in England. It is able to accommodate 458 men convicted of the most serious crimes (such as murder, rape and terrorism offences). The segregation unit has a variable capacity. It has 30 individual cells, the population of which fluctuated on a daily basis during this research (between 25 and 30 men).

Segregating individuals away from the general prison population has existed in the English prison system at least since the 1700s. I was able to trace the usage of segregation back to the Penitentiary Act 1779 which called for the use of solitary imprisonment, accompanied by labour and religious instruction (London Metropolitan Archives, 2018). Although a long-standing tradition of the English penal system, very little research explores segregation in English prisons. In fact, this study is the first of its kind, in which a researcher has spent an extended period of time undertaking an in-depth ethnographic study in a typically impenetrable part of the English prison system. It is also the first time that segregation has been considered in the context of legal mechanisms and the influence of law.

The main fieldwork was conducted over a four-month period at HMP Whitemoor. It draws on semi-structured interviews with 25 prisoners and 17 staff, as well as rich and extended periods of observation of life in the segregation unit. I focus on three areas which were of interest from the start of my PhD but the nuances of which developed during the fieldwork. Firstly, I explore how segregation is and should be used, and how law sets the parameters of such usage (in theory at least). Secondly, I investigate the complex web of laws and rules, as currently applies to segregation, and their relationship with the actors responsible for their implementation. Thirdly, I examine the context within which the laws and rules are implemented, to make the argument that laws and rules are not only capable of being undermined by the culture of people but also the culture of context; whereby the application of, and accessibility to, law is limited by the prison environment.

Segregation units are characterised by substantial power imbalances, more so than elsewhere in the prison. They also hold some of the most difficult, vulnerable and marginalised individuals in our prison system. Accordingly, the segregation unit is a place where legal safeguards should be robust and able to uphold human rights standards. However, I suggest that the laws and rules are not always robust, and do not always give effect to important ‘rule of law’ principles. I argue that whilst there are opportunities for law and policy reform, alone, they will not be sufficient for changing or improving the practices, standards and culture of the segregation unit. For example, law and policy change may not mitigate the chaotic, violent and turbulent wings; the high rates of mental illness; lack of opportunities for progression; and capacity issues found elsewhere in the prison estate. Many of the problems of segregation originate elsewhere: not just in the wider prison, but also in the social, political and economic environment in which prisons function. Thus, law reform directed solely at the segregation unit may not address the broader issues which necessitate the use of segregation. Instead, segregation reform should be considered as part of broader prison reform efforts, ones which cultivate respect, dignity, faith and compassion. Importantly, until there is greater acceptance that segregation is innately harmful and dehumanising, the law may be of limited consequence: the law cannot be expected to ‘remedy injustices legally before they are recognised as injustices socially’ (Hudson, 2006, p. 30).