Unclassified



Download 0.84 Mb.
Page1/54
Date06.03.2021
Size0.84 Mb.
  1   2   3   4   5   6   7   8   9   ...   54
















Conveyance and Possession of Prohibited Items and Other Related Offences


This instruction applies to

Reference

NOMS staff (Headquarters) and

Prisons

PSI 10/2012


Issue Date

Effective Date

Implementation Date

Expiry Date

26 March 2012

26 March 2012

25 March 2016

Issued on the authority of

NOMS Agency Board

For action by

Governing Governors, Directors and Controllers of Contracted Prisons

For information

All prison staff

Contact

Emma Prince – Security Policy Unit

Telephone – 0300 047 6202

Email – Emma.Prince@noms.gsi.gov.uk


Associated documents

PSO 1100 – Conveyance of Unauthorised Articles and Other Related Offences

This PSI replaces PSO 1100, Conveyance of Unauthorised Articles and Other Related Offences.



Audit/monitoring :
Compliance with this instruction will be monitored by Audit and Corporate Assurance.




CONTENTS
Hold down “Ctrl” and click on section titles below to follow link.


Section

Title

Page

Applicable to

1

Executive Summary


3

All sections of this instruction are applicable to any members of staff who enter prisons.



2

Operational Instructions:
Chapter 1: Purpose of legislation

  • Offences Introduced by the Offender Management Act 2007

  • Offences Introduced by the Crime and Security Act 2010


Chapter 2: Conveyance of Items

    • List A, B and C Items

    • List A and B Offences and Penalties

    • List C Offences and Penalties

    • Defences


Chapter 3: Other Offences Relating to Prison Security

  • Main offences and Penalties

  • Definitions

  • Defences


Chapter 4: Possession of Prohibited Items
Chapter 5: Authorisations for Legitimate Conveyance, Use and Possession

  • Types of Authorisation

  • Crown Immunity

  • Authorisations Under S40B and 40E of the Prison Act

  • Local Lists of Prohibited Items

  • Mobile Phones

  • Passing of List C Items to Prisoners

  • Special Cases

  • Summary of Actions for Governors and Directors of Contracted Out Prisons


Chapter 6: Communication and Liaison


Chapter 7: Referral of Prohibited Item Offences to the Police

  • Main Factors for Consideration in Decisions to Refer Incidents to the Police

  • Necessary Intent

  • Process for Reporting Prohibited Item Offences to the Police

  • Seriousness of the Alleged Offence




  • Detailed Guidance for Each Prohibited Item

  • Liaison With Local CJS Partners

  • Minimising Difficulties in Demonstrating the Required Knowledge or Intent in Prohibited item Offences




5

5
6


6

6

6



6

7
8


8

8

8


9
10
10

10

11


12

12

13



13

17

18



18

18

18


19
19
19

20
21


23

25

25



3


Annex 1: Examples of Types of Authorisation
Annex 2: Authorisations Under Section 40B and 40E of the Prison Act
Annex 3: Extensions to Crown Immunity
Annex 4: Model Information Notices
Annex 5: List of Organisations Consulted
Annex 6: Changes to Signs Outside Prisons
Annex 7: Changes to the Prison Act Introduced by the Offender Management Act 2007 and the Crime and Security Act 2010
Annex 8: Revised Prison Rules
Annex 9: IT Equipment – Legal Advisers at Court

28
35

41
42
46
47
48

55
56




SECTION 1: EXECUTIVE SUMMARY

This PSI updates and replaces PSO 1100, Conveyance of Unauthorised Articles and Other Related Offences, which was issued in 2008 to describe amendments to the Prison Act and Prison Rules arising from sections 21-24 of the Offender Management Act 2007.


This updated PSI amends guidance and instruction to take into account the commencement of section 45 of the Crime and Security Act 2010 which amends the Prison Act and makes the possession of a device capable of transmitting or receiving images, sounds or information by electronic communication a criminal offence, together with any component part of such a device or article designed or adapted for use with such a device. The main amendments are as follows:


  • Introduction of a new chapter (chapter 4) outlining the new possession offences

  • Introduction of a new chapter (chapter 7) including comprehensive guidance on referring prohibited item offences to the police

  • Revisions to the authorisation table at Annex 1 to take into account the possession offences – inclusion of section 4.7 and section 5 within the table at Annex 1.

  • Inclusion at Annex 2, section B, of a central authorisation for solicitors to convey into and out of prisons and possess and use within prisons IT equipment necessary for legal visits – see also instruction at paragraph 5.19-5.28

  • Inclusion at Annex 2, section C, of a central authorisation for police to convey into and out of prisons and possess within prisons certain restricted items on routine visits to prisons and on visiting prisons during incidents/operational emergencies – see also instruction at paragraph 5.30-5.32

  • Inclusion at Annex 2, section D, of a central authorisation for escort contractors GEOAmey to convey into and out of prisons and use within these prisons data recording devices for operational purposes – see also instruction at paragraph 5.16.

  • Inclusion at Annex 4 of example notices to staff, prisoners and social visitors and official visitors on the possession offences

  • New wording for signage to be displayed outside prisons included at Annex 6

  • Revisions to Prison Act to include new offences included at Annex 7

  • New Annex 9 containing guidance on legal advisors bringing IT equipment into court

The PSI contains guidance on measures that Governors and Directors of contracted out prisons must take to implement the provision of both sections from the Offender Management Act and Crime and Security Act.


Desired outcomes
That the measures introduced will ensure tighter control of items being brought into, taken out of and possessed within prisons. These measures also provide the option to pursue criminal charges against anyone in beach of the relevant sections of the Prison Act.
Application
This PSI is applicable to all prison establishments.
Mandatory Actions
Governors and Directors of contracted out prisons must ensure that local arrangements take into account the new possession offences and are consistent with the guidance and instruction provided.
In addition, Governors and Directors of contracted out prisons must ensure that:


  • briefing/information notices are produced for all Prison Act offences covered in this PSI and made available to prisoners, staff and social and professional visitors. Model information notices that may be adapted for local use are provided at Annex 4. Annex 5 lists organisations who have been advised of the provisions and offences;

  • authorities for conveying and/or use and/or possession of items restricted by the Act are issued where appropriate in accordance with Chapter 5. The last column in Annex 1 lists some examples where Governors and Directors of contracted out prisons will need to consider issuing a local authorisation (or gaining agreement from the Deputy Directors of Custody to issue a local authorisation);

  • consider any other legitimate activity which has not been authorised centrally (see Annex 1) and, if necessary, issue a local authorisation to cover this activity – see Chapter 5;

  • ensure local lists of prohibited items, as set out in Local Security Strategies are considered to ensure that they are consistent with this legislation;

  • consider producing local lists to clarify duties. Annex 1 flags areas where Governors and Directors of contracted out prisons might consider clarifying the duties of staff to explicitly state which staff would normally convey or use prohibited items and be covered by Crown Immunity and which staff would not – see Chapter 5 (paras 5.6 to 5.9);

  • signs laying out penalties for committing offences under the Prison Act covered in this PSI are ordered and displayed outside the prison. The penalties have now changed and the new sign is shown at Annex 6. Coldingley prison are aware of the changes and prisons must ensure that they have ordered new signs from Coldingley to replace the existing signs and they are displayed on commencement of the new provisions;

  • this issue is discussed at the Prison/PCT Partnership Board to ensure that the implications for staff employed by the NHS and other healthcare providers are fully considered and appropriate action taken where required;

  • consider storage facilities available for professional visitors who may arrive by public transport with unauthorised items such as mobile phones. In addition, where staff lockers are just inside the gate lock, Governors of public sector prisons may wish to consider requesting an authorisation from the Deputy Director of Custody for staff to bring mobile phones into the prison up to the point where lockers are positioned (see section 5.14).

Paragraph 5.40 provides further details on actions to be taken.


Resource Impact
The majority of the provisions contained within this PSI are derived from the Offender Management Act and should have been implemented at a local level on introduction of PSO 1100 in 2008. However, there will be some resource implications in implementing the new Crime and Security Act offences. Governors and Directors of contracted out prisons will need to appoint someone to review existing lists of unauthorised items to ensure consistency with the new Act and to communicate the implications of the new measures to the prison. Establishments will also need to ensure that local arrangements for referring prohibited item and other related offences to the police reflect guidance provided in chapter 7.

(signed)


Digby Griffith,




Share with your friends:
  1   2   3   4   5   6   7   8   9   ...   54




The database is protected by copyright ©essaydocs.org 2020
send message

    Main page