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Prison Service Order
ORDER NUMBER
3610
Date of Update: 06/06/03
Measures to deal with visitors
and prisoners who smuggle
drugs through visits
Date of Initial Issue Click on Number for link to reference
09/03/99 PSI 22/1999
PSI Amendments should be read before and in conjunction with PSO
Date of Further Amendments
Amendments can be tracked by clicking here
Order Ref No. 3610 Page 1
• MEASURES TO DEAL WITH VISITORS AND PRISONERS WHO SMUGGLE DRUGS THROUGH
VISITS
Introduction
1. This Order sets out instructions end guidance for dealing with prisoners and visitors who
seek to smuggle drugs into ptison through visits. There is a need fora consistent approach
,,. across the eatate in dealing with such activity. The Order is mandatory for allestablishments, including open prisona and privately managed prisons, All references tothe Prison Rules arereferences to the Prison Rules 1999.
Aims:
2. This Order is intended to help the implementation of the supply reduction aspects of the
Prison Sewice’s Drug Strategy. Its aims, derived from that strategy, are;
. toprotect ourptisons from drug related anti-social andctiminal behaviour and
. tostifle the availability of illegal drugs in our prisons,
oUtDUtS:
• “ . Robust andconsistent treatment of visitors andprisoners whoseek to smuggle drugs
Mandetory Action
into prisons through visits.
Contents:
Mandatory Action
Visitors
PrisonersOpen Prisons
Privately Managed Ptisons
Non-Compliance
Banning the Wsitor
Closed or Non-Contact visitsAppeals
Enforcement of ban I
identification of visitor
Prisoner TransferAPVU
Searching
Mandatory drug Testing
Bullying I CoercionSuicide and Self Harm
Incentives and Earned
Privileges SchemesVoluntary Testing Units
Categorisation
AllocationMonitoring and Repotiing
paragraph 3paragraphs (ii) - (xiii)
paragraphs (xiv) -(xvi)
paragraph (xvii)paragraph (xviii)
paragraph (xix)
paragraphs 5-46paragraph 5
paragraph 16
paragraph 24paragraph 26
paragraph 28
paragraph 31paragraph 32
paragraph 36
paragraph 38
paragraph 39paragraph 41
paragraph 43
paragraph 44paragraph 45
paragraph 46
3. The following actions are mandatory in closed establishments:
(i] Governors must ensure thatprisoners andvisitors aremade aware of the arrangements.
Model notices to prisoners and visitors are attached at Annex A.
• Visitors
(ii) Social visitors, including family members, who are found to be smuggling controlled
drugs through visits, wi/lnormally be banned under Prison Rule 730r YOl Rule 71A from
PSI Ref No. WI 999 Issued 09/03/1 999
_ .—
Order Ref No. 3610 Page 2
the pr;son for a period of al least 3 months, unless on the facts of the case there are
exceptional reasons fornot doing so. hrallcases, Govemorsm ustconsider whether any of •the circumstances of the casejustify imposinga Iongerora shorter ban or, if a shorter ban
is also inappropriate, no ban at all (but see {iii) below. Further advice can be found in
paragraphs 8-15 below.
(iii) Where a ban is not imposed Governors must, save in excePtjo”a/ cjrcumstance~,require visits by that visitor (to any prisoner) to be held in closed or non contact conditions
foraperiod ofaf/east6morrths. The expectation is that a visitor found to be smuggling
drugs, but not banned because of exceptional circumstances, should be subject to closed
or non contact visits forthe same period for which they would have been banned; normally
at Ieaat three months, followed by a further period of three months closed or non-contact
visits as if they had bean banned.
(iV) Where a Governor has imposeda ban of longer than three monrhs, he or she mustreview the ban at three-monthly intewals, considering whether, in all the circumstances of
the case, exceptional reasons now exist to rescindrhe ban.
{v) Following the ending of a ban, Governors must, save in exceptio”a/ circumstances,require visits by the previously banned visitor (to enyprisorrer) to be held in closed or non
contact conditions for a period, normally 3 months. •(vi) Governors must advise thevisitor andthe prisoner whom that visitor was visiti”gof
the ban (or imposition of closed visits) in writing and give the reason for the ban. 1“ the
case ofa ban, thelener must be copied to the Assisted Prison Visits Unit (APVU). (Model
Iettera are attached at Annex 8).
(vii) Any ban must be set aside in order to allowa visit ordered by the Board Of Visitorsunder Rule 35(6)
(viii) Where abanis notimposed, or following theendingofa ban, Governors must targetthe visitor for searching.
(ix) Governors must put in place a system for prisoners and visitors to appeal againstdecisiorrs to ban a visitor. Expected practice issetout at paragraphs 24-25 below.
(X) Governors must continue toinvolva thepolicein any case wherea visitorjs fo”ndt~be smuggling drugs.
(xi) Where rhereare strong indications but no clear proof of smuggling Governors mustissues warning to the visitor. A model warning Ietteris included at Annex B.
(xii) When a prisoner transfers within theperiod for which heorshe is subject to closed•
visits or for which a visitor to that prisoner is banned, the Governor of the sending
establishment must ensure that relevant in formation is passedon with the prisoner.
[xiii) Governors must put in place arrangements for monitoring the application of thesesanctions on visitors and for reporting to Area Drug Co-ordinators. Monitoring and
reporting arrangements are detailed at paregraph 48 below and the forms to be used ere at
Annexes Dand E.
Prisoners .
(xiv) When prisoners are found guilty on a~udication ofinvolvementin smuggling drugs
through visits, Governors must have regard to guidelines issued by the Secretary of Statewhen awarding punishments. These guidelines are set out at Annex C. o
(xv) When a prisoner is found to be or believed (on the basis of clear evidence or
evaluated intelligence: for example, seen to receive something duting viaits, but nothing
ever retrieved and prisoner cannot give a reasonable account; Ietteror phone call asting for
drugs to be brought; visitor caught with drugs in the gate area; intelligence rated, say, Al -
3, or Bl) to be engaging in drug smuggling through visits the Governor must< save in •exceptional circumstances..
PSI Ref No. 2ZI 999 Issued 09/03/1 999
Order Ref No. 3610 Page 3
. impose closed or non-conracr conditions on rhar prisoners visirs for a period. For
remand prisoners, this period will normally be three months. For convicted prisoners,
the period will normally last until the prisoner has taken three months, entitlement ofvisits, including Incentives and Earned pflvi[eges (IEP) visits as well as statutory
entitlement, See paragraphs 19-23 below;
. arrange forrheprisoner ro be
O rargeted for searches,
O referred roadrug counsellor;
. consider wherher rheprisoner should tiesubjectedro amandarory drug tesron
reasonable suspicion {see paragraphs 36-37 below); and
. rake rheincidenr inroaccounr when reviewing
0 rhe prisoner> sratus on rhe IEP scheme (see paragraphs 4142 below)
O the prisoner’s conrinued placemenr on a volunraW resring unir, if applicable (see
paragraph 43 belo w),
O rhe prisoner k categorisarion (but only if it has a bearing on risk ro the public or
escape risk) (see paragraph 44 below),
O rhe prisoner’s allocation (see paragraph 45 below),
O the prisoner’s suitability for Home Derenrion Curfew or other release,
(xvi) When a prisoner is found guilty more rhan once ar atiudicarion of an offenceinvolving drug smuggling through visits the Governor must consider subjecting rhe
prisoner ro a frequent testing programme in accordance wirh rhe MDT manual.See pamgraphs 36-37 belo w.
Open Prisons
(xvii) Governors of open prisons must apply the above mandaro~ acrions except rhose
relaring ro the imposition of closed visirs. In general there will be few valid reasons for not
applving a ban on a visitor fOund to be involved in bringing drugs into an open prison. AndGovernors may wish to consider giving longer bana rather than periods of ban followed by
closed or non contact viaita.
Privately managad prisons
(xviii) All the above acrions are mandatory for privately managed prisons as for direcrlymanaged ones. However, rhose actions depending on a power delegared from the
Secrerary of Srate musr be exercised by the Controller and not the Direcror. The relevantpowers are
. the power to ban visitors
. tha power to impose restrictions (e.g., closed conditions) on visits
These are of course in addition to the powers specifically conferred on the controller by
pflsOn Rule 82 (1 )(b) and YOI Rule 79A (1)(b)
Non-Compliance
,.(xix) Governors musr seek ro comply wirh rhe above mandetory acrions. If they are unable
ro comply with any of rhe mandarory acrions Governors musr devise plans ro enable them
ro comply as soon as possible. In the mean rime, rhey must agree wirh Area Managers (or
the Direcror of Dispersals) local arrengemenrs for acrion againsr rhose who smuggle drugsrhrough visirs.
• 4 Those parrs of the Order below which have not already been indicated as mandatory are
expected practice.
PSI Ref No. 22f1999 Issued 09/03/1 999
Order Ref No. 3610 Page 4
Detailed Guidance
Bannina the visitor
5.
6.
7.
B.
9.
10.
11.
Prison Rules 73 and YOI Rules 71A allow the Governor, acting on authority delegated from ,
the Secretary of State, to prohibit social visits (other than those ordered by the Board OfVisitors) to a prison or a prisoner for a specified period. But this power has to be exercised
in a reasonable manner in order to be lawful. .
Visitors must be banned for drug smuggling only if they are found to be engaging in this
activity: for example, caught in possession of the drugs during a search; seen passing an
item to the prisoner who is either found in possession of drugs on leaving visits or unable
to give a satisfactory account of what was passed; a prisoner is found in possession of
drugs and either the prisoner or the visitor admits this visitor supplied it (and there is no
reason to believe othe~ise).
They must not be banned purely on the basis of an indication by a drug dog (though thismay be reasonable grounds for a search without consent - see Security Manual 17.43) or
of intelligence alone, unless that intelligence contains clear and persuasive evidence of
smuggling or racketeering.
If visitors are found to be smuggling drugs, then a ban must be the normal response. This •is the case whether the visitor is a family member, friend, or other social visitor. The ban
must normally be of at Iaast three months. It is for the Governor to decide whether a
longer or shorter ban is appropriate in all the circumstances.
In exceptional circumstances, the Governor has discretion not to impose a ban. It will be
appropriate to exercisa this discretion in the following circumstances:
. If a ban would cause disproportionate harm to the prisoner’s or visitor’s right to a
family life (protected by the European Convention on Human Rights (ECHR) Anicle8’).
. [f a ban would cause disproponionate harm to the rights of the prisoner’s child or
children to access to a parent (UN Convention on the Mghta of the Child, Article 9
(3))’.
. If the prisoner is a juvanile and a ban would cause disproportionate harm to his or
her right of access to a parent.
. For exceptional compassionate or other grounds.
Examples of where a ban might cause disproportionate harm to a prisoner’s right to a •family life might be if the visitor concerned was the only family member who visited the
prisoner. If a three month ban is not appropriate, the Governor must consider a shorter
ban. If this too would cause disproportionate harm to the prisoner’s right to a family life,
the Governor must consider closed or non-contact visits, The length of the ban in relationto the length of the prisoner’s sentence is relevant here: a three month ban would
encompass the whole period of imprisonment of a person serving six months.
ExamDles of a ban that miaht cause disorooomianate harm to a child’s riaht of access to a. .parent might be if the banned visitar were the persan who normally brought the prisoner’s
children ta visit, and there saemed little prospact of anyone else doing sa. The Governor.
may find it useful in these circumstances to talk ta Social Services, and ta consider what
other arrangements might be made to allow the children to visit without tha offending
‘Mcle 8 E-
(1) Eve~one h the right ta respect for M private ad fdy Me, his hame md & comespondence.(2) mere SW be no bdefimence by a pubfic autharity tith the exercke af M right except such M is h accartice tith tbe law md is
necess~ h a dmomtic socie~ ia the titmes~ of mtioml secti~, pubhc safety ar tbe econotic weU betig of the camv, for tie
~revention of di sardm ar de, far the pratectian of healti ar marak, ar far the protection af the righ6 md freedom of athers.
~CRC, title 9 (3)•
Ststes Pties sbll reqect the right of the child who k squated ham one or both pmenk to mtitati penoml rehtiam md tiectcon~ct titi both pam~ an a re~lm bmis, except if it is con- to the cMds best titmes~.
PSI Ref No. 221999 Issued 09/03/1999
Order Ref No. 3610 Page 5
• ‘2”13.
L 14.
15,
16.
17.
•
person; if this is not possible and if a ban is not appropriate, the Governor must consider
closed or non-contact visits,
For a juvenile whose parent is caught smuggling in drugs, Go”emors must again weigh up
all the circumstances before deciding whether a ban (of any length) is appropriate. If a ban
is not appropriate, the Governor must consider closed or non-contact visits.
Governors will also need to have regard to the risk of self harm or suicide. If either the
prospect of a ban or its likely effect when in place would increase the risk of self harm or
suicide Governors should consider imposing closed or non contact visits rather than a ban.
These circumstances are most likely to arise with prisoners who are already known to be at
risk, and during the 30 days after first reception,
However, h must be remembered that in most instances a prisoner who has a banned
visitor will continue to receive visits from other visitors and, unless his or her visits
entitlement is affected by a change in IEP level, may receive more frequent visits fromsome of those other visitors.
Longer than normal bans might be appropriate:
•
.
.
•
�
where it is already the policy at the prison to apply a ban longer than 3 months as a
norm,
where a visitor has been caught twice or is caught again following the end of one
period of ban,
if the visitor has sought to circumvent a ban (in which case a further ban of one month
will normally be added),
if the visitor ia known to be seriously involved in drugs trafficking or
if the drug passed is a Class A drug or is in large quantity.
Closed or non-contac t Wsitq
18. Closed or non-contact viaits for drug smuggling must normally be used in the following
• circumstances:—
For visitors who are found to be Smua alina druas
19. After the expiry of any ban: a period of three months will normally be appropriate, though
Governors have discretion to vary this according to what is felt necessa~.
20. In cases where a ban was found to be inappropriate: the period of closed or non-contactvisits will normally correspond with the length of ban that would have been imposed plus
any funher period deemed necessary.
For orisoners found or believed to be involved in drua smuaa Iinq.
21. Irrespective of any visitors banned or put on closed ar non-contact visits, the ptisoner will
normally need to take visits in closed or non-contact conditions as a precautionary measure
to prevent the passing of drugs by either the suspected visitar or any other visitor whamthe ptisoner may seek to persuade to supply drugs. It is for the Gavernar ta decide the
period af the ban, but it will normally be far at least three months entitlement of visits
(including any earned visits in excess of statutory entitlement).
• 22”
Note that it is appropriate to uae closed or nan-cantact visits, which are a precautionary
measure, whether prisaners are proved or reasonably suspected af involvement in
smuggling.
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Order Ref No. 3610 Page 6
23. For unconvicted prisoners, who ere entitled to visits every day, it will be appropriate to
impose the closed visits for a set period. •24. For convicted prisoners, who are entitled to two visits each month, and may earn more
under local Incentives and Earned Privileges schemes, there is a risk that they will not take
their entitlement, accumulating the visits to take after the end of a fixed periOd Of closedvisits. It will usually be appropriate therefore to impose the closed visits for a set number
of visits. This will usually be three months’ wotih of visits, including any additional visits
earned.
25. If an unconvictad ptiaoner is convicted duting the set period of closed visits, Governors
must review the position and calculate the number of months’ wonh of closed visits to
impose following conviction.
ADDeals
26. For prisoners, appeals against the decision to ban a visitor, to impose closed or non
contact visits or to apply any other restriction should be dealt with through the normal
Request and Complaints arrangements. However, in the case of bans and closed or non
contact visita Governors should expedite such appeals to ensure that they are resolvedwithin a month of the original imposition of the ban or closed or non-contact visits. If, in
the light of an appeal, it is considered that the ban should not have been applied, the •number of visits lost fif any) should be reinstated,
27. For visitors, the model letters at Annex B invite visitora to wtite to or telephone the
Governor if they consider that the decision to ban is unacceptable. Governors should
review the decision to ban and the duration of any ban imposed and should give the visitor
a reply in writing. If the Governor does not wish to rescind or amend the initial decision the
matter should be referred to the Area Manager (or Oirector of Dispersals) for a final
decision.
Enforcement of ban fidentification of visitors
28. Governors should ensure that there are arrangements for the effective enforcement of the
ban. It is impoflant that the policy is seen by prisoners and visitors to be applied effectively
and fairly. If banned visitors are able to circumvent the bans imposed problems will result.
Governors should tharafore satisfy themselves that they have effective arrangements for;
. recording decisions to ban or impose closed or non contact visits,
• identifying visitors who are banned,
• preventing them from visiting during theperiod of the ban and
. ensuring that visitors who have been banned are not prevented from resuming visits
after completion of the ban.
29, Those attempting to circumvent the ban will normally be banned for a fufiher month.
Prisoner transfer
30. When a prisoner transfers within the period for which he or she is su~ect to closed visits
or for which a visitor to that prisoner is banned, the Governor of the sending establishment
should ensure that relevant information is passed on with the prisoner..
31. The receiving prison should ensure that any restrictions on the prisoner are maintained for
the remainder of the period for wtich they were due to apply at the originating ptison.
32. The banimposed onavisitor bythe Governor of a prison is valid for that prison only. The
Governor of the raceiving establishment should normally therefore impose a ban on thevisitor for the remaining period of the ban imposed by the Governor of the sending
establishment. The duration of the ban may not be increased for any reaaon arising out of
the original incident -that is, the new Governor may not givea Ionger ban just because he •or she thinks the previous Governor gave too short a ban.
PSI Ref No. Z1999 Issued 09/03/1 999
Order Ref No. 3610 Page 7
• Assisted Prison Visits
33. APVU will ensure that assistance to visitors who have been banned is terminated for the. period of the ban.
r.34, All those found or believed to be engaged in smuggling drugs through visits must be
targeted for saarches.
35. For visitor % this will normally mean they are subject to a full rub down search on evary
entry to the prison, that their propeny is searched, and that, wherever possible, theythemselves are searched again if they leave and return to the visits room (for example, to
visit the lavatory).
36. For Drisoners, this will mean rub-down or (at Governor’s discretion according to the nature
of the intelligence or evidence) strip searches;
.
,,
. before visits, at a frequency to be agreed with the Area Manager (or the Director ofDispersals),
. following every visit and
. on every other occasion of contact with the outside world: e.g., return from escort or
outside work.
37. The situation must be kept under regular review. If after a certain time all the
circumstances of the case suggest that the threat posed by the prisoner or visitor is notgreat, then targeted searching muat end.
Mandatorv Drua Testinq
38. Prisoners found or believed to be involved in smuggling drugs through visits will be liable to
a mandatory drug teat on reasonable suspicion in accordance with the Mandatory Drug
Testing Manual, In deciding when to administer the test Governors may wish to considerfactors such as whether the drugs were recovered and seized, and their likely effect on
whether the prisonar will have drugs in his system soon after the incident.
39. Prisoners found guilty more than once at ,adjudication will be liable to a frequent testing
programme in accordance with the Mandatory Drug Testing Manual.
Bullvinalcoercion
40. There is a risk that prisonera who want drugs brought in (and their visitors) will pressure
other prisoners and their visitors to carry the drugs for them and therefore to carry the risk
of suffering the new sanctions. Staff should be alive to th!s possibility and the Governormust decide if, on the grounds of probability, individual cases qualify as ‘exceptional
circumstances’. Appropriate actions to help prevent the coercion of visitors include:
. Robust action to make visitors aware of the possible consequences, including
criminal charges, for attempting to smuggle drugs into prison. Examples are postersin the visitors’ centre, Iatters and awareness raising of prisoners.
. Providing visitors with a final option not to try to take drugs into the visiting area.
Examples are an ‘honesty bin’ into which visitors can drop drugs before risting
search procedures and having an approachable member of staff available to whom
the visitors can disclose the coercion.
. Providing a confidential means of disclosing the coercion and the name(s) of the
perpetrator(s). Examples are a telephone contact, approachable staff for visitors
and a system like the one that should be in place for prisoners to disclose incidentsof bullying.
PSI Ref No. =1999 Issued 09/03/1999
.—— ———–
Order Ref No. 3610 Page 6
. Close liaison with local police to act on information received thst visitors are beingintimidated to bring drugs into the establishment. •
Suicide and self harm
41. The prospect of losing visits for a period may for some prisoners increase the risk of selfharm or suicide. Governors should take such concerns into account in deciding whether to
aPPIY a ban and in deciding the duratiOn of the ban. If Governors consider that the prospector experience of a ban will significantly affect the risk of self harm or suicide they should
consider applying closed visit conditions instead.
42. Where a prisoner is already on open F2052SH, serious consideration should be given as to
whether a ban will have a deleterious effect upon the prisoner. Governora should also take
account of any known previous history of self harm and the significance of the visitor(s) in
reducing the risk of self harm.
lncent ives and Earned Privileae s Scheme
43. Anti-social drugs-related behaviour should be a key ctiteion in any local Incentives and
Earned Privileges scheme and incidents of drug smuggling must be taken into account
during the petiodic asaassments of a ptisoner’s suitability to remain on a particular privilege •
44. level, or progress to a higher level. An individual incident of misbehavior such as drug
smuggling would not necessarily, of itself, warrant a downgrading in privilege Iavel. But a
panicularly serious offence (or a number of less serious incidents], would be more Iikaly toresult in such a change. (Detailed guidance on the operation of the IEP scheme and
considerations to be taken into account in allocating prisoners to different privilege levels is
contained in IG 74/95.)
45. It must be remembered that administrative decisions taken under local Incentives and
Earned Privileges schemes which affect movement between privilege levels must be based
on an assessment of a pattern of behaviour, and are quite separate from decisions takenthrough the formal discipline system which punishes specific instances of offending against
the Prison and YOI rules,
Voluntarv testina units
46. Incidents of drug smuggling must be taken into eccount when considering a prisoner’s
continued placement on a voluntary testing unit. How much weight is placed on any one •incident depends on the circumstances of the case and the overall ethos of the unit.
Ca teaorisati~
47. The incident or incidents may be taken into account when reviewing categotisation but
only if they have a bearing on the prisoner’s risk to society or the risk of escape.
Allocation
48. When the prisoner’s allocation needs are reviewed the history of drug smuggling may be
one factor in determining the prisoner’s control needs and consequent allocation.
Monitoring and reoo ninq
49. Governors should make arrangements to record the instances of visitors found to be ‘
smuggling drugs, the action taken and the outcomes, and to report numbers of casesmonthly to Secutity Group. The forms for local recording and for reporting are at Annexes
D and E respectively.
50. Ptison Service Headquaflers will, over time, issue further reports on the experience of
operating this new r~gime, not least to encourage consistency. •
PSI Ref No. =1999 Issued 09/03/1999
Order Ref No. 3610 Page 9
ANNEX A
MODEL NOTICES TO Prisoners AND TO VISITORS ABOUT THElNTRODUCTlONOF MEASURES FOR
DEALING WITH DRUG SMUGGLING THROUGH VISITS
Prisoners
MEASURES TO PREVENT DRUG
How thev will affect vou
With effect from 1 April 1999 the following meaaures apply to ptiaonera
the ptisonthrough viaits.
THROUGH VISITS
involved in bringing drugs into
. If you are found with drugs in possession in the visits room or immediately after a visit, you will be
liable to adjudication, carrying a wide range of penalties, including up to 42 additional days to be seined
in prison.
. If you ara found with drugs in possession in the visits room or immediately after a visit, or if we have
reasonable grounds to suspect you of smuggling drugs through visits, you will be liable to the following:
. closed visits for all visits for a minimum period of three months visits entitlement
. additional drug urine tests;
. additional searcting
. drug smuggling incidents are liable to be taken into account when Incentives and Earned Privilege (IEP)
status, categorisation or allocation are reviewad.
These maasuraa are at the Governor’s discretion and may be appealed through Request and Complaints
procedural.
If YOU are being prassured to bring drugs in, you can [add local anti-bullying arrangement]
How they will affect vour Wsitors
You should be aware that any person caught bringing drugs into the ptison or handing them over in visits
will normally be banned from the ptison for at least three months. This means they will not be abla to
visit you for at least three months. After this they will normally have to visit you in closed conditions for
a further threa months. They will also be targeted for searches.
It is also our policy to call the police and to press for charges of possession with intent to supply.
Please do not put your visitors in this position by asking them to bring drugs into tha prison for you or
anyone else.
Whether or not a ban or closed viaits are imposed, and for how long, are maners for the Governor to
decide. Although the Governor will normally impose these, [he/she] may taka into account all the
PSI Ref No. 221999 Issued 09/03/1999
,., _–—_—. ————–— ———–
I Order Ref No. 3610 Page 10
circumstances of the case, including the nature of your relationship with the visitor, in reacting a
decision.•
If you feel the ban on your visitor will cause you serious problems, you can take the matter up through .
the raquest and complaints procedure.
Your visitor can appeal the ban by contacting the Governor with reasons.
PSI Ref No. Z1999 Issued 09/03/1999
Page 11Order Ref No. 3610
-
MEASURES TO TACKLE DRUG SMUGGLING THROUGH
VISITS
It is an of fence to bring drugs into ptison. If you ere found to have brought drugs into the pfison or
handed them over to a prisoner, we will call the police, and we will press for charges of possession
with intent to supply. This can result in a prison sentence.
From 1 Aptil 1999, additional measures will apply.
If you are found in possession of drugs, or if you are caught passing drugs to a prisoner, you will
be liable to the following:
.
.
.
to be banned from the ptison. You will normally be banned for at least three months. This
means you will not be able to visit any prisoner here. If the prisoner you were visiting moves
the ban will normally follow to the new prison;
after the ban, to have your visits in closed or non-contact conditions. This will normally be for a
fumher three months. This means you will not be able to touch the ptisoner and there may be a
glass screen between you.
To be searched eve~ time you visit until we are satiafied you are no longer a risk.
Whether to ban you or impose closed visits, and for how long, are matters for the Governor. You
can appeal the decision by wtiting to or telephoning the Governor.
You should also be aware that prisoners found to be involved in smuggling drugs through visits ere
treated ve~ firmly. Drug smuggling can result in disciplinary proceedings, wtich carry a wide
range of penalties, including up to 42 additional days to be sewed in prison. It can also result in
closed visits, additional urine tests, extra searches (which may be strip searches), and it can affect
what privileges they are allowed, their security catego~, and what prison they are sent to next.
Please do not put your friend or loved one in this position by agreeing to requests for drugs, and
never bring druga as a present.
[f you or your prisoner are being pressurised to bring drugs in, you can speak in confidence to staff
at the visitors’ centre [delete if does not apply] or [add local arrangements for repofiing bullying
etc. 1
PSI Ref No. ml 999 Issued 09/03/1 999
Order Ref No. 3610 Page 12
ANNEX B
MODEL L~ERS TO VISITORS WHO ARE BANNED FROM THE PRISON, AND WARNING LmERS
Letters imDosina bans must be CoDied to the Assisted Prison Visits Unti
Visi r fto ound to be carrvina druas
On [date] you visited [name of prisoner], a prisoner at this prison,
On that occasion you [were found to be in possession of drugs I paased drugs to [name of
prisoner]]
Drugs cause many problems in prisons. We need to protect prisonera from drugs and the problems
they cause. We need to do all we can to stop prisoners getting hold of them.
•Because of this, I hava decided that you should not visit the prison for [three months.]
You will not be allowed into the prison until [date].
After that, you may stati visiting again[, but you will have to take the visits in closed or non-
contact conditions for a further [three months]. This means you will not be able to touch the
prisoner and there may be a glass screen between you. This will last until [date]].
You will be searched every time you come to visit until wa are satisfied you are no longer a risk.
If I find you have tried to come into the prison while banned, I will add an extra month to the ban.
If there are special reasons I do not know about which you think mean you should not be banned,
please write to me and I will reconsider. If you would find it hard to write a letter, please phone
the following number.
Letter to multi-orisoner visitor found to be smuaa Iina where exceot ionallv no ban is imo osed on
• ‘isitstooneofthe o’aonera
On [date] you visited [name of prisoner], a prisoner at t~s prison.
On that occasion you [were found to be in possession of drugs I passed drugs to [name of
prisoner]]
Drugs cause many problems in prisons. We need to protact prisonars from drugs and the problems
they cause. We naed to do all we can to stop prisoners getting hold of them.,.
Because of this, I have dacided that you should not visit the prison for [three months.], except to
sae [name of excepted prisoner] [1 am making an exception for that prisoner because ‘“ •*]. But
you will have to take these visits in closed or non contact conditions. Ths maans you will not be
able to touch the prisoner and there may be a glass screen between you,
These restrictions will last until [date]
• After that, you may start visiting again[, but you will have to take them in closed or non-contact
conditions for a further [three months]. This will last until [date]].
PSI Ref No. ~1 999 Issued 09/03/1 999
Order Ref No. 3610 Page 13
You will be searched every time you come to visit until we are setisfied you are no longer a risk. •If I find you have tried to visit other prisoners while banned, I will add an extra month to the ban.
If there are special reaaone I do not know about which you think mean you should not be banned,!,
please write to me and I will reconsider. If you would find it hard to write a latter, please telephone
tha following number:
WARNING Iette r to visitor found to be smuaa Iina where exceDt ionallv no ban is imDose~
On [date] you visited [name of prisoner], a prisoner at this prison.
On that occasion you [were found to ba in possession of drugs I passed drugs to [name of
prisoner]]
Drugs cause many problems in prisons. We need to protect prisoners from drugs and the problems
they cauae. We need to do all we can to stop prisonera getting hold of them.
•Because of this, I would normally ban you for [three months.]. However, [because • • ”” ‘], I have
decided to make an exceptiDn in your case.
However, you will have to take your visits in closed or non contact conditions for {six months].
This means you will not be able to touch the prisoner and there may be a glass screen between
you.
These restrictions will last until [date]
You will be searched every tima you come to visit until we are satisfied you are no longer a risk.
If there are special reasons I do not know about w~ch yDu think mean you should not be subject
to these arrangements, please write to me and I will reconsider. If you wDuld find it hard to write a
letter, please telephone the following number.
PSI Ref No. 221999 Issued 09/03/1999
.
.
Order Ref No. 3610 Page 14
•ADJUDICATIONS GUIDELINES
ANNEX C
J From 1 April 1999 new procedures for dealing with in~ident~ Of drug smuggling thrOugh visits
come into effect. These include, amongst other things, adjudications awards.
In all ceses where, on adjudication, prisoners are found guilty an of fence against discipline the
awerd is a metter for the adjudicator on the facts of the case end teking into eccount the particular
circumstances of the establishment. All adjudications must be conducted fully in accordance withthe normal disciplinary procedures, as set out in the Discipline Manual.
However, where the offence involves receiving drugs through visits, or en unauthorised transaction
in visits where the itam is beheved to be drugs, adjudicators are also required (by “iaue of a new
Prison Rule 55(4) end YOI Rule 53(4)) to take into account the following guidelines which hava
been approved by the Secretary of State.
The guidelines are based on the pattern of distribution of disciplinary awards given across the
estate during 1997 for the of fence of possessing an unauthorised drug. An abridged version of the
main trends is attached,
GUIDELINE AWARDS
For ADULT MALES, ADULT FEMALES, MALE AND FEMALE YOUNG OFFENDERS, JUVENILES •,
AND UNCONVICTED/UNSENTENCED *• PRISONERS punishments ere most frequently in the
following ranges:
Additional days
Forfeiture of privileges
Stoppage/reduction inearnings
Cellular confinement (moat
frequently apptied to adult
• femelea only)
8-14 days (either alone or combined
with other punishments
1-7 days (combined with other
punishments)
1-7 days (combined with otherpunishments)
7 days (combined most often with
ADAs)
• It will not be possibla to award additional days to a ju”enile subject to a DatentiOn and
Training Order once these are introduced.
• * For unsentanced prisonars additional days are prospective.
See attached teble for further details of the patterns of award levels and combinations of
punishments given for possession of an unauthorised drug during 1997
,.
For LIFERS punishments are most frequently in the following rangas:
Stoppege of earnings 8-14 days (combined with otherpunishments)
Forfeiture of privileges l-7”days (combined with other
punishments)
• Cellular confinement 7 days (alone or, more frequently,
combined with stoppage of
earnings)
PSI Ref No. Z1999 Issued 09/03/1 999
Order Ref No. 3610 Page 15
•See attached table for further details of the patterna of award levels and combinations ofpunishments given for possession of an unauthorised dmg during 1997
AWAR D CONSIDERATIONS
Indetermining thetype and level of award, consider
(a) allthecircumstances of each case
(b) any mitigating or aggravating factors. These will determine whether the award should betowarda or beyond the lower or upper ends of the ranges given above
(c) the consequancas of any award for tha prisoner’s relationship with any children, especiallywhere the prisoner ia the prima~ carer
(d) any other implication for the prisoner of a finding of guilt
(e)theappropriateness andeffectiveneas of the award (orcombination ofawards) inrelation to theprisoner’s sentence.
The following lists of possible mitigating and aggravating factors are non-exhaustive •Mtigating factora:
•
�
�
�
�
�
�
�
Frst offence
Class C drug
Small amount of unauthotised clasa Cdrug (personal use)
Ptiaoner making attempts to address drug addiction (eg. voluntary drug testing, on drug freewing, although the policy on the particular wing would need to be taken into account)
Coerced into smuggling for enother ptisoner
Health - mental and physical
Remorse/co-operation/openness
Age/matutity (especially in the cases of young offenders and juveniles)
Aggravating factora
.
.
.
.
Pattern of previous similar of fences
%gnificant amounts of Class B or C drug (possibility of dealing)
Any amount of Class A drug
Iarge amount of Class A drug (probability of dealing).
PSI Ref No. =1 999 Issued 09/03/1999
I
.- . .• • ‘0 Order Ref No. 3610 Page 16
DISTRIBUTION OF MAIN AWARDS FOR POSSESSION OF AN UNAUTHORISED DRUG BY CATEGORY OF PRISONER •
T AOAS ADAS + ADAs + ADAs + Fotiekure of Cellular Fofleiture of Stoppageof only fodeifure of stoppageof cellular privileges+ confinement privilegesonly earnings15-28 29-42
privllegesl earnings conflnementl tioppage of only only stoppageof fotiehure of eamlngs
eamlngs pd”[leges zo~ 670~ 25%Male pfisons 297.
and remand
centrea
Male YOla 23% 54% 20% 3 y. 57% 28%
25.~ 41 oh 5570 14%Famales 32% 2% 22%
zzo~ 540~ 240~ 11%Juveniles 49QA 21%
Lfera • * * 39”A 1370 13% 1370
28% 35yoUnsentenced 33% 38% 1 y. 57%z. For ease of reference thetable shows only theprinciple awards orcombinationaof awards. Combinations ofawards accounting for less than 10%of
the total awards given have been omitted
• * Includes both immediate and suspended ADAs.
• ** The figures relate to only 23 offences of this type committed by lifers and cannot, therefore, be regarded as statistically significant.
PSI Ref. No. 22/1999 Issued 09/03/1 999
—
.,
.
,.
Order Ref No. 3610 Page 47
ANNEX D
MEASURES TO DEAL WITH VISITORS AND PRISONERS WHO SMUGGLE DRUGS THROUGHVISITS
FORM FOR LOCAL RECORDING (the format must beadheredto even if adecision istake” locallyto computerise the form)
ltisessential that allestablishments collect this infOrmatiOn fOrea~h~ase whena ben Of evisitoris considered under theterms of the PSO, Some of this information will provide the data needed
forthemonthly repotito the Area Drug Co-ordinator -see Annex Eto PSO. Allof the informationwill be used for periodic reviews of the policy,
I .... ... . ....... . .7. Ifnoban, orabenof lesathan three months, was imposed, wasthisbecauae of: (please tick
ell that apply)
risk of exceptional harm to risk of exceptional harm to
family life of prisoner �ptisoner self-harm riskn
child’s access to parent �~––––---–– -––– —–—___—–– ___ ______
Other � (please specify) II . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1 I. . .. .. . . .. .. ... ,, ..,, ,. ...,,,, ... ,,, ,,.
8. Were cloaedlnon-contact Yes � go to Question 9 No � go the Question 10visits imposed on the visitor?
9. Length of period of closed
visits? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10 If closedlnon-contact viaits were no imposed, or were imposed for less than three months, wasthis because of: (please tick all that apply),- ————--- ,--— ———— ~———————,———- —— - ,----— ————————_______________rlak of exceptional risk of exceptional prisoner self-harm lack of facilities �harm to family life of harm to child’s access riskn
ptisoner � to parent �~––––-– ————___ —_________________________
Other � (please specify) I1 . .. . . . . .. . .. . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1
. . . . . . . .. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11, Was this a repeat offence Yes � go to Question 12 I No � go to Question 13by this visitor?
12. Was the repeat during an existing ban ~ afier an earlier ban � ~ after an exceptionalof fence: � I ~ decision not to ban �,13. Has there been an appeal Yes � go to Question 14
1I No � go to next section
by the visitor � or prisonern 1I
against the above decisions? 1
14. What waa the outcome? rescinded by ~ rescinded by Area ~ upheld by Area
Governor � \ Manager � ~ Manager �
PSI Ref. No. =1999 Issued 09/03/1 999
•
Order Ref No. 3610 Page 18
ANNEX D (CONTD)
visits? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,,, ,, .,,,,,, .,,,,,,.,,, ,,,
18 Ifclosedlnon-contect visits were no imposed, orwereimposed forless than three months, was
ttisbeceuse of: (tick all that apply)
“r?a~~~~x~~p%~=a~ ‘-–—r~s~ ~~~x~~p~~~a~ ‘- —p~~~n~~~e~~h~r–m- –-–-k~o~k-o~ ~a~~t~e~–n–-–-
harm to family life of harm tochild’s access riskn
ptisoner � to par[
Othern (please specify)
19. Wasthere an adjudication
at which the prisoner waafound guilty?
20. What punishment was
awarded? (Complete all that
apply)
21, If you did not award
additional days, why was this?
It �.—— —_ —__________________________________
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. . . . . . . . .
Yes � go to QuastiOn 201I No � go to Question 22.
1, I1 I I
. . . . . . . days 1 . days ; days ~ . . . . . . . . days
ADAs ~ forfeiture of , stOppage/
~ privs
, cellular
~ reduction of ~ confinement
I earnings.—— ————___ L ___________________ L _________other �(please specify) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
22. Any other information that you want us to know?
*
PSI Ref. No. 221999 Issued 09/03/1999
Order Ref No. 3610 Page 19
• ANNEX E
MEASURES TO DEAL WITH VISITORS AND PRISONERS WHO SMUGGLE DRUGS THROUGH
VISITS!1
Estab lishment: m
All fiaures should be the number of new cas es in the month under review...
Completed by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tel extension . . . . . . . . . . Unit . . . . . . . . . . . . . . . . . . .
This form should be comoleted m onthlv and r
•eturned to the Area Drua Co-ordinator
PSI Raf. No. 221999 Issued 09/03/1999
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