HM Prison Service - Prison Service Order - Justice.gov.uk Service Order ORDER NUMBER 3610 Date of Update: 06/06/03 Measures to deal with visitors and prisoners who smuggle drugs through

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 36

paragraph 38


paragraph 43


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

_ .—


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


. 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


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


• ‘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.

PSI Ref No. ml 999 Issued 09/03/1 999


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


• 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

.—— ———–


. 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


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


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


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

.

.


•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


•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

—

.,

.

,.


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

•


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


• 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

Documents

HM Prison Service - Prison Service Order - Justice.gov.uk Service Order ORDER NUMBER 3610 Date of Update: 06/06/03 Measures to deal with visitors and prisoners who smuggle drugs through