Rioters Fuelling Prison Tensions, Says Inspector

The influx of rioters into jails has led to violent clashes between inmates as gangs attempt to recruit new members behind bars, the Chief Inspector of Prisons said yesterday.











British police officers charge rioters, during riots in Hackney, east London, Monday Aug. 8, 2011.

Nick Hardwick said the surge of young troublemakers into custody had fuelled tensions in jails and left more young offenders on suicide watch.

He said the increase threatened to undo recent improvements in prison conditions and protested over the Government's failure to embark on its promised "rehabilitation revolution".

Mr Hardwick said the stream of new arrivals had caused "stresses and strains" in the prison system which had spilled over into violence.

A gymnasium at Feltham Young Offenders Institution in west London had been "trashed" and offenders climbed on to the roof, while inmates at Brixton prison refused to return to their cells and threw objects at staff.

He said some of the gang rivalries in the outside world had been transferred to prisons, with some groups recruiting new members.

"There have been some quite serious incidents of groups fighting, fights between individuals and gangs reconfiguring," he said. "Some young people who previously did not have gang affiliation have joined for self-protection. New gangs have also been established."

After being locked up, members of rival "postcode gangs" from London had buried their differences to form city-wide groupings when they were moved to other parts of the country, he said.

The prison population in England and Wales stands at a record high of more than 86,800 – a rise of 900 since before the wave of riots in London and other major cities.

Nearly 200 looters have already been jailed and hundreds more have been remanded in custody awaiting trial.

Mr Hardwick also disclosed that a "significant number" of rioters jailed for the first time, as well as inmates moved to new prisons, were considered to be at risk of suicide and self-harm.

Producing his first annual report since succeeding Dame Anne Owers as Chief Inspector, he said many would have to sit out their sentences without any constructive activity or attempt to correct their behaviour.

They would, he said, have "too much access to drugs and negative peer pressure and too little access to work."

Mikhail Khodorkovsky Urges David Cameron To Confront Kremlin On Human Rights

Russia's most famous prisoner of conscience has spoken out from behind bars to urge David Cameron to confront the Kremlin on human rights issues when the Prime Minister visits Russia next week.












Mikhail Khodorkovsy, the former head of the Yukos oil company.

In written comments passed to The Daily Telegraph from his prison in northern Russia, Mikhail Khodorkovsky said Mr Cameron should use the fact that top Russian politicians bank, own property, and educate their children in the UK to pressure the Kremlin into becoming "a modern European state."

"I would hope that the British Prime Minister will directly raise questions of corruption and the judicial system in Russia with President (Dmitry) Medvedev," the 48-year-old oligarch-turned-political prisoner wrote.

"The UK could let Russia understand that a country with such widespread corruption, the only G8 country where there are political prisoners, cannot be a fully-fledged and all-round partner."

His mother, Marina Khodorkovskaya, went even further. In an interview, she urged Mr Cameron to deny entry to Russian officials involved in her son's case and to freeze their UK bank accounts.

Mr Cameron is due to make a flying visit to Moscow on Monday during which he is expected to meet Mr Medvedev and Vladimir Putin, the prime minister.

He will be the first British leader to visit Russia since Tony Blair five years ago, and the first since the 2006 poisoning of Alexander Litvinenko, a former Russian spy and Kremlin critic, in central London.

The Prime Minister is aware of Mr Khodorkovsky's fate which has become emblematic of Russia's heavily politicised and selective justice system.

Designated as a prisoner of conscience by Amnesty International, the former oil tycoon was Russia's richest man before he had a spectacular falling out with Mr Putin in 2003 over business and politics.

Arrested by masked men on an icy Siberian runway in his private jet that same year, he was later found guilty of fraud and given an eight year jail term after a trial that was widely viewed in the West as politically-motivated.

He spent much of that time in a grim Soviet-style labour camp 3,000 miles east of Moscow near China.

Yukos, his oil company, was swallowed up by the Kremlin while he languished behind bars, and in a second trial last year he was sentenced to a further six years in jail after being found guilty of the surreal charge of stealing oil from own company.

In his written comments from his jail in northern Russia, Mr Khodorkovsky said he wanted his own case to be a warning to British companies considering investing in Russia.

"It will be difficult for anyone to expect British companies to do serious business in Russia whilst entrepreneurs are factually subjected to a bureaucratic racket," he wrote.

Although Russia and the UK do in fact enjoy strong business links, political relations have stalled over differences on key foreign policy, security, business and rights issues.

Companies in the West are keen to tap into Russia's status as the world's biggest energy exporter but Russia's liberal opposition argues that Western politicians such as Mr Cameron need to keep reminding the Kremlin it must enact real democratic reforms if it wants large-scale investment.

Mr Khodorkovsky said he thought the UK could start by withholding the transfer of technology necessary for Russia's modernisation until the Kremlin changed course politically. He claimed that the UK had real clout with Russia.

"There is no question that such leverage does exist," he wrote. "The most influential people in Russia, those who in large measure determine the image and the fate of the country today, have vast business and personal interests in the UK. This applies also to a series of significant representatives of Vladimir Putin's team."

Speaking at a school outside Moscow that Mr Khodorkovsky originally set up for orphans, his mother Marina, 77, said she wanted Mr Cameron to raise her son's case with the Kremlin.

But she said she was looking for more that just rhetoric. "Words need to be backed with action," she said, urging the UK to impose visa and financial sanctions on Russian officials such as judges and prosecutors involved in her son's case.

"It is realistic and it would have an effect," she argued. "If the people in the second echelon of power beneath Putin understand that the higher-ups cannot protect them they will soon forget their loyalty to the system."

Clear-eyed despite her advanced years, she said that she feared that her son would not be released for as long as Mr Putin wielded influence in Russia. The Russian prime minister bore her son a personal grudge for publicly cutting across his political and business interests, she insisted.

"My aim is to live long enough to see my son freed," she said as tears formed in her eyes. "But I understand that the chances are getting less and less as I get older and older."

Army Suspends Baha Mousa Soldiers As More Prosecutions Are Considered

General Sir Peter Wall, the head of the army, says new evidence could mean further disciplinary action against soldiers.












General Sir Peter Wall says further prosecutions against soldiers are being considered after fresh evidence was unearthed.

The army has suspended a number of soldiers after the publication of a damning report into the "violent and cowardly abuse" by servicemen that led to the death of an Iraqi detainee in British military custody.

There have been widespread calls for further prosecutions and the defence secretary, Liam Fox, disclosed that Ministry of Defence inquiries "are revealing evidence of some concern" in other Iraqi abuse cases.

Fox acknowledged for the first time that there could be more prosecutions. "If any serviceman or woman, no matter the colour of uniform they wear, is found to have betrayed the values this country stands for and the standards we hold dear, they will be held to account," he said.

General Sir Peter Wall, head of the army, confirmed that the force's provost martial will investigate whether anyone else should be disciplined in the light of fresh evidence unearthed by Sir William Gage's inquiry into the final hours of Baha Mousa's life in Basra in 2003.

Wall said the inquiry had cast a "dark shadow" over the service's reputation.

The retired appeal court judge's report, which runs to three volumes, found that troops from 1st Battalion Queen's Lancashire Regiment inflicted "gratuitous" violence on a group of 10 Iraqi civilians, who were kicked and hit in turn, "causing them to emit groans and other noises and thereby playing them like musical instruments". This humiliating practice was nicknamed "the choir".

While focusing criticism on a few members of the regiment – particularly Corporal Donald Payne, Lieutenant Craig Rodgers and Lieutenant Colonel Jorge Mendonca – the report also passes scathing comment on the role of the unit's regimental medical officer, Dr Derek Keilloh, and its padre, Father Peter Madden.

Both Keilloh and Madden face further hearings: the doctor will be examined by a General Medical Council disciplinary tribunal over his role in Iraq and the priest is to be interviewed by the archbishop of Birmingham, Bernard Longley.

The report will be passed to prosecutors to assess whether fresh charges should be brought against any soldiers. So far only Payne has been convicted of inhumanely treating civilians; he served one year in prison.

Fox said: "There is no place in our armed forces for the mistreatment of detainees and there is no place for a perverted sense of loyalty that turns a blind eye to wrongdoing or erects a wall of silence to cover it up."

Referring to methods of "conditioning" suspects in Northern Ireland that were banned in 1972, Fox admitted that "there was a 'systemic failure' that allowed knowledge of the prohibition on abusive techniques made by the Heath government to be lost over the years".

Military prosecutors from the Service Prosecuting Authority (SPA) will be responsible for examining any cases brought against those still in uniform. Despite suggestions that the Crown Prosecution Service will be asked to examine the fresh evidence in relation to those who have already left the army, a CPS spokeswoman said: "We are not aware of anything being referred to us."

Dan Leader, a solicitor with Leigh Day and Co, which represented some of the detainees, said: "The claimants are very clear they want accountability. We are talking about torture and murder. All that has happened is that someone has spent one year in prison. The claimants are concerned about criminal justice and feel let down so far."

In terms of immediate disciplinary action, Wall told the Guardian that "some soldiers have been suspended from operational duty and military service". More suspensions may follow. Only 14 of those referred to in the Gage report are still in the army.

So far £2.8m has been paid out by the Ministry of Defence in compensation to Mousa's relatives and the nine other Iraqi detainees held in Basra between 14 and 16 September 2003.

The solicitor Phil Shiner, of Public Interest Lawyers, renewed his call for a wider inquiry into allegations about how British troops treated detainees in southern Iraq between 2003 and 2009.

"There is a case called Ali Zaki Mousa," Shiner said, "currently before the court of appeal that will determine whether the UK should fulfil its legal obligations by holding an extended inquiry into 150 additional complaints by Iraqi civilians."

Mousa's father, Daoud Mousa, was not in Britain for the report's publication but is due to deliver a lecture in memory of his son in London next week.

The MoD signalled that it would not accept one of Gage's recommendations, namely that "harshing" – shouting at detainees to intimidate them – should be abandoned. A test case about the technique, which the MoD defends, is due to come before the courts soon.

The General Medical Council declined to comment on the forthcoming hearing into Keilloh but Peter Jennings, press secretary for the archdiocese of Birmingham, said of the criticism of Madden: "The Catholic church takes this matter extremely seriously.

"The archbishop, the Most Rev Bernard Longley, and the vicar-general of the archdiocese will be meeting with Fr Madden when he has had the opportunity to study carefully the full report and the criticisms of himself in the context of the report."

Amnesty International called for soldiers to be charged.

"Those responsible must be held accountable for their actions and brought swiftly to justice, including in criminal proceedings," said Nicola Duckworth, the organisation's Europe and central Asia director.

MI6 Knew I Was Tortured, Says Libyan Rebel Leader

Abdul Hakim Belhaj says MI6 helped CIA arrest him and send him to Libya for torture.












Rebels surround a building in Tripoli, Libya. Documents alleging UK links to renditions to Libya have been unearthed by rebels as they take control of the country.

A Libyan rebel leader who was rendered to Tripoli with the assistance of MI6 said on Monday that he had told British intelligence officers he was being tortured but they did nothing to help him.

In a claim that will increase the pressure for further disclosure about the UK's role in torture and rendition since 9/11, Abdul Hakim Belhaj said a team of British interrogators used hand signals to indicate they understood what he was telling them.

"I couldn't believe they could let this go on," he said. "What has happened deserves a full inquiry."

Belhaj was detained by the CIA in Thailand in 2004 following an MI6 tipoff, allegedly tortured, then flown to Tripoli, where he says he suffered years of abuse in one of Muammar Gaddafi's prisons.

It emerged on Monday that MI6 had been able to tell the CIA of his whereabouts after his associates informed British diplomats in Malaysia that he wished to claim asylum in the UK. Belhaj was then allowed to board a flight for London and abducted when the plane called at Bangkok.

There were signs that the discovery of a cache of secret MI6 and CIA documents at an abandoned government office building in Tripoli was triggering panic in some parts of Whitehall.

The papers detail the UK's role not only in the rendition of Belhaj, but in that of a second man, known as Abu Munthir. This operation appears to have been planned by British and Libyan intelligence officers without any CIA involvement.

David Cameron said the disclosures would be investigated by the Gibson inquiry, set up last year to examine the UK's role in torture and rendition.

It was unclear whether MI6 or MI5 had disclosed anything to the inquiry before the new documents came to light. Inquiry staff first indicated they knew nothing about the Libyan operations, and were seeking information from the government "as soon as possible". Later they said they had "received material relating to these issues", but declined to be more specific.

Similarly, the Conservative MP Richard Ottaway, a former member of the intelligence and security committee, a Westminster body supposed to provide oversight of MI5 and MI6, indicated the committee knew nothing about the UK-Libya operations before giving the agencies a clean bill of health in a 2007 report on rendition; he then said he could say nothing about the matter.

Belhaj on Monday revealed more details of the lead-up to his rendition on 6 March 2004, which he says came amid his attempts to reach the UK, of which the government had become aware.

He said he had first tried to travel to London from Kuala Lumpur via Beijing in late February that year. However, he was refused permission to board in Beijing, despite carrying a French passport, which does not require a pre-issued UK visa.

He was returned to Kuala Lumpur where he was detained by Malaysian immigration officials. It is understood that an associate of Belhaj then visited the British embassy in Kuala Lumpur advising officials there of his intention to seek political asylum in the UK.

Shortly afterwards he was freed from the detention centre and allowed to buy a ticket to London via Bangkok. By then he had disposed of his French passport, issued to a Jamal Kaderi, and was travelling on a Moroccan passport, issued in the name of Abdul al-Nabi. Holders of Moroccan passports require a pre-issued visa to enter the UK, but Belhaj said he did not apply for a visa and was allowed to board without one – a highly unusual practice.

The revelation raises fresh questions about the extent of the government's role in Belhaj's rendition. Documents discovered last Friday reveal that a senior MI6 officer, Mark Allen, had written to Libyan spy chief Moussa Koussa congratulating him on receiving Belhaj and acknowledging that "the intelligence was British".

"I would not board until they assured me that I could travel to the UK," Belhaj said. "They did that and I got on the plane."

Belhaj was captured by CIA officers, in co-operation with Thai authorities, inside Bangkok airport. He says he was tortured at a site in the airport grounds and then sent to Libya, where Gaddafi had long seen him as one of the biggest threats to his tyrannical four-decade rule.

"The British were the second team to visit me," he said. "They came about a month after I was returned to Libya and they were very well briefed about LIFG [Libyan Islamic Fighting Group] members in the UK. They knew everything, even their code names. They wanted to know more details about the LIFG and also about the general environment elsewhere, al-Qaida, that sort of thing. There was a woman who was leading the team, a big man and a third person who was translating. They only came one time."

Belhaj said intelligence officers from other European countries, including France, Germany and Italy, also travelled to Tripoli to speak to him inside the infamous Abu Selim prison in the south of the capital.

Before each visit he was told by Libyan officers – and sometimes by Koussa – to "tell the British and others that the people they are asking about are al-Qaida".

"The Libyans told me that if I told them that I would be treated better."

He said Koussa, who fled the Gaddafi regime in March with MI6 help, would often taunt him in prison, with threats that he would die there. On one occasion Koussa ordered guards to put a shade over half of Belhaj's cell window, to reduce what little sunlight he was getting.

Files seen by the Guardian on Sunday inside the now ransacked offices of the external security service reveal that Libyan spies remained in close co-operation with the CIA and MI6 as late as November last year. The files reveal the Americans, in particular, were regularly requesting information about the identities of Libyan cellphone users. One document showed that the CIA had responded to a Libyan request about the user of a satellite phone by giving GPS references for every call made.

Murdered Teenager Rebecca Aylward’s Mother Called For Return Of Death Penalty

The mother of a murdered teenager called for the return of capital punishment after her daughter’s killer was sentenced to a minimum of 14 years in prison.














Murderer Joshua Davies was branded “devious, calculating and controlling” by a judge who said he would serve a decade and a half before being considered for parole.

Davies lured his ex-girlfriend Rebecca Aylward, 15, into woods at Aberkenfig, near Bridgend, and smashed her skull with a rock last October.

He left her face-down in the rain wearing the new clothes she had just bought.

After his sentencing at Swansea Crown Court yesterday, Rebecca’s mother, Sonia Oatley, said: “It was her dream to become a barrister, a dream cruelly erased by calculated killer Joshua Davies – a young man she trusted and loved.

“Rebecca was destined for greatness. Joshua Davies robbed us of watching our precious and perfect little girl flourish into a successful young woman.

“We will never forgive him for tearing our world apart so brutally and I would welcome the return of capital punishment for the likes of Joshua Davies, who forfeited his human rights when he chose to take my daughter’s life.”

During his trial, the court heard how Davies had been bet a full cooked breakfast by friends if he carried out his threat to murder popular Becca, from Maesteg.

A jury found him guilty by a 10-2 majority in July after deliberating for four days.

Yesterday, Judge Justice Lloyd Jones labelled Davies “devious, calculating and controlling”, adding: “You showed no remorse.”

He told the 16-year-old, who was impassive as the sentence was handed down: “Her death will leave a permanent shadow over her family.

“The effects of what you have done are devastating.”

Speaking outside court, Ms Oatley said she was satisfied with the 14-year minimum sentence.

“I would have liked it to be longer but that is a minimum sentence and if he ever wants to be free he’ll have to show some sort of remorse,” she said.

“In my opinion, he will never admit to what he’s done.”

But she said she would never understand why none of Davies’ friends alerted anyone to his repeated threats to kill her.

“I find it hard to believe that nobody came to me and said that he was making those threats,” she said.

“I can’t believe someone didn’t mention it to anybody.

“You can’t help but think that it could have been prevented. Maybe we could have stopped her going that day.”

But the judge told the court nobody could have expected the defendant to carry out his claims.

Ms Oatley added: “The truth is, I’m still looking for answers. I just wish he would explain to me why he did it and what exactly happened.”

Taking into account the time Davies has already spent in custody, he will have to serve a minimum of 13 years and 53 days before he is considered for parole.

A Formula For The Break-Up Of Britain

When the Barnett formula was devised in 1978, it was meant to share annual Government spending equitably between the countries of the United Kingdom according to their populations.


















Unjust: Joel - now Baron - Barnett has advocated scrapping the funding formula he devised for Scotland

In the intervening decades, it has become nothing less than a grossly unfair tax on the English to subsidise lavish public services in Scotland.

This is because the formula has not changed, though the population of England has risen sharply over those 33 years, while that of Scotland has remained static.

The result is that the Scottish subsidy has grown to such an extent that even Lord Barnett, the former Labour cabinet minister who invented the formula, thinks it is unjust and should be scrapped.

New figures which we reveal today show that public spending is now £1,624 per person higher in Scotland than in England, up 15 per cent in just a year.

This equates to the average English family being forced to pay more than £400 a year to fund Scottish services, and that the figure is sure to go on rising.

The scale of the handout allows the Scots to enjoy benefits the English can only dream of – free prescriptions, residential elderly care, university tuition, primary school meals, hospital parking, and most recently cancer drugs.

The injustice is palpable and, unless rectified, it presents a real danger to the integrity of the Union.













Danger to the integrity of the Union: Scottish National Party leader and Scottish First Minister Alex Salmond wants full independence.

Recent opinion polls show fewer than a third of Scots in favour of independence. But in England, a clear majority believe it is time for them to go it alone.

If the Barnett formula is not reformed, resentment south of the border can only grow and it may soon be the English, not the Scots who demand the break-up of the United Kingdom.

Is it too cynical to suggest that is precisely what Scottish Nationalist leader Alex Salmond wants?

Harsh but fair

Even the leader of Britain’s prison governors has now joined the shrill chorus of liberal protest over tough punishments meted out to those involved in this month’s riots.

In an extraordinary and intemperate attack, Eoin McLennan-Murray accuses magistrates of indulging in a ‘sentencing frenzy’, likening them to ‘sharks when there’s blood in the water’.

He said guidelines were being flouted and defendants unfairly treated.












Flashpoint: Riots across London and other cities of England in earlier this month were among the worst scenes of civil disobedience in recent history.

There is no doubt that magistrates and judges have taken a robust approach. Of more than 1,400 people brought before the courts in connection with the mayhem, around 70 per cent have either been given jail terms or remanded in custody awaiting sentence — far more than is usual.

But what did Mr McLennan-Murray expect magistrates to do? Put them back on the streets to wreak more havoc?

Offences included aggravated burglary, robbery, violent disorder, assault, arson and even murder.

In their own right these are all serious crimes, but against a backdrop of indiscriminate looting, destruction and anarchy they constitute a serious danger to the fabric of society.

So, understandably, the courts came down hard on perpetrators, in many cases handing out exemplary sentences.

If punishments are deemed too harsh, there is a perfectly sound appeal court system to moderate them.

And precisely what does sentencing policy have to do with a prison governor anyway? His role is surely to contain, and where possible rehabilitate offenders, not determine how long they should serve.

Perhaps Mr McLennan-Murray should just get on with his own job and let magistrates get on with theirs.

Faster Justice Does Not Have To Be Worse

The very public dispute between Eoin McLennan-Murray, of the Prison Governors' Association, and John Thornhill, of the Magistrates' Association, betrays the sectional interests of both sides.









John Thornhill of the Magistrates Association denied the judiciary were politically pressured.

Mr Thornhill maintains that magistrates' courts have done a stellar job in the wake of the riots and suggests lessons for the future. Mr McLennan-Murray, whose members have to cope with the consequences of the courts' decisions, says magistrates have indulged in a sentencing "feeding frenzy", pandering to popular emotion.

As a newspaper, we share Mr McLennan-Murray's qualms about the speed with which justice is being dispensed and the rate of imprisonment. We also ask whether custodial sentences are the best way of punishing rioters and, indeed, whether magistrates are on top form at, say, 2am. Justice Ministry figures show that almost 70 per cent of those brought to courts since the riots have been given jail sentences or remanded in custody; the figure for 2010 was 10 per cent. This is a big difference, even if some harsher sentences are already being reversed on appeal.

But Mr Thornhill has a point that should not be ignored, just because other questions are raised. In three weeks, magistrates have heard several thousand cases, by dint of working longer hours and requiring greater efficiency from all concerned. Yes, there have been problems – missing papers, poorly briefed lawyers and absent probation officers – but these, regrettably, are not unusual.

Against that, there have also been benefits in accelerating the process: events were still fresh in everyone's memory and the link between offence and court, often blurred by delay, was clear. Here, Mr Thornhill is right. Extraordinary circumstances have shown how the ordinary could be radically improved.

British Army Faces Further Inquiries Into Alleged Abuse Of Iraqi Prisoners

Other torture allegations remain to be heard after army cleared of systemic abuse in Baha Mousa case.












The British army faces further inquiries into its treatment of prisoners in Iraq. Above, Al-Ma'aqal prison in Basra, 2004.

The Baha Mousa report is not the only one to look into the question of the "systemic" abuse of Iraqi prisoners.

A second inquiry is to open later this year, examining disputed allegations that up to 20 men were tortured and murdered in British custody after a gun battle in southern Iraq in 2004.

That inquiry became inevitable after the high court severely criticised the Royal Military Police's investigation into the affair and said that courts should be wary of evidence given by the RMP's second in command.

The court of appeal is currently considering whether to order a third inquiry, into the military's entire detention and interrogation policy, after hearing arguments on behalf of more than 150 men who allege they were systematically tortured by the British army in south-east Iraq between 2003 and 2008.

The complaints include 59 allegations of detainees being hooded, 11 of electric shocks, 122 of sound deprivation through the use of ear muffs, 52 of sleep deprivation, 131 of sight deprivation using blackened goggles, 39 of enforced nakedness and 18 of being kept awake by pornographic DVDs played on laptops.

The Ministry of Defence's lawyers have conceded that the individual allegations "raise an arguable case of breach of Article 3" of the European convention on human rights, which prohibits torture and inhuman or degrading treatment or punishment. But, in its attempts to persuade the courts that a third inquiry is not needed, the MoD has set up a team of 80 investigators, half of them former civilian detectives, to examine the allegations.

The Iraq historic allegations team (Ihat) is now scouring MoD records, including hundreds of video recordings of military interrogations, and interviewing the complainants.

Many of the complaints centre on a secretive Intelligence Corps facility known as the joint forces interrogation team, or JFIT. Already, three men who served at the JFIT have been referred to the director of service prosecutions, who has been asked to consider war crimes charges under the 2001 International Criminal Court Act.

Nine other deaths in British military custody are also being re-examined.

Headteacher's Killer Back In Jail

The widow of murdered headmaster Philip Lawrence told last night of her anguish after learning his freed killer had been returned to jail to protect the public after an alleged robbery.











Widow Frances Lawrence holds a picture of her husband Philip who was killed.

Learco Chindamo was arrested just four months after he was released from prison and controversially all­ow­ed to stay in Britain after successfully fighting a deportation bid.

Shocked Frances Lawrence described the incident as “very, very distressing on many levels”.

At her home in Ham, west London, she said: “I can’t understand why Chindamo was in a position to do what he allegedly did when he is supposed to be on licence.

“He always swore he would spend his life living quietly and atoning. I understood he was supposed to be in rehabilitation.”

Detectives detained Chindamo, 30, on Wednesday at his home in south London after studying CCTV footage following the mugging of man at a cashpoint in Camden, north London.

An inquiry is expected to be launched into the monitoring of the killer who has been staying in a hostel in Catford, south London, since his release in July after serving 14 years for the knife murder of Mr Lawrence.

The arrest will raise fresh questions about the watch kept on offenders released back into communities.

It will also put pressure on David Cameron to honour a pledge to scrap the Human Rights Act.

At an immigration tribunal in 2007 the Home Office warned that Chindamo “represents a genuine and present and sufficiently serious threat to the public in principle as to justify his deportation”.

But a judge ruled he could not be deported to Italy, where he lived until the age of five, because it would breach his human rights.

At the time, Mr Cameron said the Act “has to go”, saying: “Abolish the Human Rights Act and replace it with a British Bill of Rights.

“The fact that the murderer of Phil­ip Lawrence can’t be deported flies in the face of common sense. What about the rights of Mrs Lawrence?’’

The Bill of Rights was a key part of the Conservative election manifesto. But the Coalition so far has committed only to setting up a commission to review the legislation.

Chindamo was jailed indefinitely for the murder of father-of-four Mr Lawrence outside St George’s Roman Catholic School in Maida Vale, West London, in 1995.

The 48-year-old was stabbed after going to help a pupil who was attacked by a gang. Among the attackers was Chindamo, then 15.

The killer vowed to live “quietly and decently” when he moved to a secure probation hostel after his release.

Riots: Fears Over Violence As Prison Population Swells To Record Level

Police officers stand in front of a prison van. Prison chiefs appear to be concerned about the volatility of the jail population after the incarceration of hundreds of rioters.

Prison service chiefs have sounded the alarm over potential unrest and violence in overcrowded jails in England and Wales as hundreds of rioters have swelled the prison population to a record level.

The Prison Service admitted on Friday that they are "closely monitoring the estate for any potential unrest" after the prison population broke through the 86,000 mark for the first time.

The governors of all jails in England and Wales were earlier this week warned by the Prison Service's "gold commander", who was running the emergency response to the riots, to take steps to ensure the safety of those involved in public disorder who had been remanded in custody for the first time in their lives, it emerged on Friday.

"This morning there has been a nasty three person alleged assault. All three victims were public disorder remands, two currently in hospital," Andrew Cross, the Prison Service's deputy director of operations who was acting as gold commander, reported in the email sent out on Monday.

A separate email to governors from the Prison Service's national operations group asks them to "watch the mood and atmosphere in your prison" in the aftermath of the alleged assault on three people, which it says took place at Cookham Wood young offenders institution at Borstal in Kent.

The internal justice ministry emails indicate that while prison chiefs are fairly confident that they can provide sufficient cells to cope with the rocketing prison population, they have more immediate concerns about the volatility of the jail population.

They appear particularly concerned that existing inmates, perhaps from rival gangs, will attack some unwary, unconvicted riot defendants who have never been in trouble before and have little idea of how to safely navigate the gang-hardened culture inside some jails.

The email sent to all governors by Cross said: "Over the past few days there has been emerging intelligence regarding the consequences of receiving public disorder remands/offenders."

Cross said individual prisons were responding to this intelligence: "The consideration that has been gathering pace is the safety of remands/offenders and is not limited to the young offenders/young persons estate but also includes adult male and female offenders."

He told governors that when they were dealing with riot defendants or offenders it was important they put thought into their background in terms of their experience of a custodial setting.

"Whilst the induction process ensures that remands/offenders are aware of the risks of stating where they live, what gang they may be in, what team they may support or faith they may be, it is worth ensuring that reception staff give a verbal brief and assess risk where they remand first time in custody people."

A Prison Service spokeswoman said the emails were reminding governors to ensure that, despite the increased arrivals to prison, all reception procedures were thoroughly followed: "It is entirely appropriate to remind governors of the need to make proper assessments of the risks that apply to certain prisoners and the steps they should take to manage such risks."

She added that officials at Cookham Wood were clear "that this incident was not riot related".

But Harry Fletcher of Napo, the probation union, said the memos showed real concerns about the danger to people who were being remanded in custody for the first-time on riot related charges: "They could be at risk of self-harm or of assault by other prisoners because of resentment about their actions or their notoriety."

On Friday, David Cameron appeared to moderate his hardline-approach to sentencing the rioters during the BBC's Test Match Special, on which he made a guest appearance while watching the cricket.

He said it was right the courts should pass exemplary sentences to demonstrate what had happened was wrong but he also said that those convicted deserved a second chance once they had served their punishment: "I'm an optimist. I'm a believer in giving people second chances in life. I don't think anyone is totally lost," he said. "Even these people that are going to prison – and they are getting some pretty hefty prison sentences – there is still a chance for them to rebuild their lives."

The internal memos were disclosed after the prison population in England and Wales hit a record high of 86,654 following the courts' decision to remand hundreds charged with rioting and looting in custody.

The Ministry of Justice said the prison population had risen by 723 over the past week. Officials are making contingency plans to accelerate the opening of new prison buildings and bring mothballed accommodation back into use.

There are currently only 1,439 spare, usable places left in the jail system, but prison chiefs say they remain confident they have enough to cope with those being imprisoned by the courts in relation to the recent riots.

"We are developing contingencies to increase usable capacity should further pressure be placed on the prison estate," the Prison Service said.

It is thought the plans include opening accommodation at the new Isis prison next to Belmarsh in south-east London earlier than expected, and bringing back into use a wing at Lewes prison, East Sussex, which had been closed for refurbishment.

The Prison Service said it had no plans to reverse the decision to close two prisons – Latchmere House in London, and Brockhill in Redditch – next month.

But Geoff Dobson, the deputy director of the Prison Reform Trust, said the rapid increase in prison numbers meant that some parts of the system were "becoming human warehouses, doing little more than banging people up in overcrowded conditions, with regimes that are hard pressed to offer any employment or education. The likelihood is that for some first time offenders that will provide a fast-track to a criminal career."