This instruction applies to:- / Reference:-
Prisons / PSI 12/2011
Issue Date / Effective Date
Implementation Date / Expiry Date
06 May 2015
(Revised) / 1 April 2011 / 31 March 2016
Issued on the authority of / NOMS Agency Board
For action by (Who is this Instruction for) / All staff responsible for the development and publication of policy and instructions (Double click in box, as appropriate)
NOMS HQ
Public Sector Prisons
Contracted Prisons*
Governors
* If this box is marked, then in this document the term Governor also applies to Directors of Contracted Prisons
Instruction type / Service Specification Support
For information / All staff in prison establishments
Provide a summary of the policy aim and the reason for its development / revision / 1st update 1 November 2013: This Instruction has been revised to incorporate the changes introduced in paragraphs 10.2 -10.5 of PSI 30/2013 Incentives and Earned Privileges. Changes have been made to the references for mandatory guidance in light of revisions to the IEP policy. Revisions have been made to the following: - Paragraphs 2.3, 2.62, 2.64, 2.69, and Annex A.
2nd update 6 May 2015: Amendments have been made to reflectchanges made to PSI 30/2013 (Incentives and Earned Privileges) on 30 January 2015. Paragraphs 2.3 and 2.62 have been amended to include thatbooks must be selected by Governors/Directors of contracted out prisons for inclusion in local facilities lists. Paragraph 2.64 has been amended to reflect that books are not included within the category of items which under that paragraph cannot be sent or brought into prisons. These amendments are to ensure that PSI 12/2011 is consistent with those changes already made to PSI 30/2013, and do not include any further changes to guidance.
Contact details have also been updated.
Contact / Equality Rights and Decency Group:
Associated documents / Prisoner Property Services and Discharge Specifications found at: https://www.gov.uk/government/collections/noms-directory-of-services-specifications
PSO 4600: Unconvicted, Unsentenced and Civil Prisoners
PSO 2855: Prisoners with Disabilities
PSI 11/2011: Incentives and Earned Privileges Scheme
PSI 19/2011: Searching of Prisoners’ Stored Property
PSI 51/2011: Faith and Pastoral Care for Prisoners
PSI 64/2011: Management of prisoners at risk of harm to self, to others and from others (Safer Custody)
PSI 72/2011: Discharge
PSI 01/2012: Manage Prisoner Finance
PSI 02/2012: Prisoner Complaints
PSI 23/2013: Prisoner Retail
PSI 30/2013: Incentives and Earned Privileges
PSI 37/2013 – AI 15/2013: NOMS Finance Manual
PSI 44/2014 - PI 61/2014 - AI 28/2014: The Data Protection Act 1998; The Freedom of Information Act 2000; Environmental Information Regulations 2004
Replaces the following documents which are hereby cancelled: - PSO 1250: Prisoners’ Property
Audit/monitoring: - Deputy Directors of Custody, and Controllers will monitor compliance with the mandatory actions set out in this Instruction.
Introduces amendments to the following documents: None
Notes: All Mandatory Actions throughout this instruction are in italics and must be strictly adhered to.
PAGE 20
CONTENTS
Hold down “Ctrl” and click on section titles below to follow link.
Section / Subject / Applies toSection 1 / Executive Summary / All staff
Section 2 / Detail to support Prisoner Property Services Specification
Output 1
· Authorised items
· Money
· Free Gifts
· Property record cards
· Permanent & temporary confiscation
· Stored property
· Deceased prisoners’ property
Output 2
· Searching stored property following transfer – High Security Estate only
Output 3
· Searching stored property following transfer – prisons outside the High Security Estate
Output 4
· Volumetric control
· Transfers & discharge
Output 5
· Assessing the value of property
Output 6
· Valuable property
Output 7
· IEP considerations
Output 8
· Property received via post or courier
Output 9
· Property received via visits – unconvicted prisoners
Output 10
· Property sent out via visits –
convicted prisoners
Output 11
· Property received via visits –
convicted prisoners
Output 12
· Mail order
Output 13
· Exchange of stored property
Output 14
· Disposal of unclaimed property
Output 15
· Accommodation clearance
· Complaints & compensation claims / All prisoner facing staff
Annex A / Volumetric control exemptions / All prisoner facing staff
Annex B / Procedures for sending property to NDC Branston / All prisoner facing staff
Annex C / Sample disclaimer declaration and disclaimer form / All prisoner facing staff
Annex D / Copies of property cards / All prisoner facing staff
Annex E / Correct procedures to follow for property found in a prisoner’s possession which is not recorded / All prisoner facing staff
Section 1 Executive Summary
Background
1.1 This Instruction supports the Prisoner Property Services Specification and outlines the procedures for the searching, recording and allocation (or storage) of prisoners’ property, including valuable property. It also covers property (including valuable property) that is received into or needs to be sent out of an establishment and property-related requirements that arise in connection with living accommodation clearance. This Instruction only supplies limited guidance regarding the handling of prisoners’ property who are being discharged to court as such matters are covered by the Discharge Specification and related PSI (PSI 72/2011 refers).
Desired Outcomes
1.2 Prisoners’ property is managed efficiently, effectively and with care.
1.3 Prisoners are able to lead as normal and individual an existence as possible within the constraints of the prison environment.
1.4 Staff and prisoners are aware of and comply with the rules on what property, including valuable property can be held in possession or storage.
1.5 In-possession property, including valuable property, complies with volumetric control guidance and is consistent with Incentives and Earned Privileges (IEP) guidance.
1.6 Prisoners’ property is checked, recorded, stored, sent out or issued correctly.
1.7 Such limitations and restrictions on the property held in prisoners’ possession are operated as are necessary to maintain good order, discipline, security and safety of those identified at-risk of suicide and self-harm.
1.8 Governors consider the extent to which they should introduce management checks to monitor compliance with the mandatory actions contained in this Instruction.
Application
1.9 All outputs contained within this Instruction apply to both unconvicted and convicted prisoners unless otherwise stated.
1.10 Governors must ensure that all relevant staff are familiar with the procedures for the management and control of prisoners’ personal property.
Mandatory Actions
1.11 Governors must ensure that the handling, searching, allocation or storage, monitoring and recording of prisoners’ property is undertaken in accordance with this Instruction and the Prisoner Property Services Specification.
Resource Impact
1.12 This Instruction is broadly similar to previous policy guidance. However, there are a few changes which have impacted on the way we must handle prisoners’ property. In light of a High Court ruling of 3 April 2009 (in the case of Coleman),Governors do not have a general power to permanently confiscate / destroy a prisoner's property (paragraph 2.16 refers). Also the National Distribution Centre (NDC) at Branston is close to capacitymaking the storage of excess property an unwanted burden on local resources (paragraph 2.20 refers). Furthermore, changes to prison property allowances and the route of entry of such items have been introduced in the revised IEP policy (PSI 30/2013). There must be a realistic assessment of the resource impact if establishments are not fully enforcing existing procedures and therefore need to amend local strategies and procedures to maximise compliance.
Contacts
1.13 For further information about this PSI contact:
Equality, Rights and Decency Group:
6 May update approved for publication by Phil Copple, Director of Public Sector Prisons, NOMS
(Approved for Publication)
Digby Griffith
Director of National Operational Services, NOMS
Section 2
SERVICE ELEMENT: SEARCH, RECORD, ALLOCATE OR STORE PROPERTY
Output 1: Prisoners and staff are aware of and comply with what property can be held in possession or storage.
Authorised items
2.1 Prisoners are allowed to have sufficient property in possession to lead as normal and individual an existence as possible within the constraints of the prison environment.
2.2 All property accompanying prisoners entering a prison, whether they are entirely new to custody or transferred from another establishment or other Criminal Justice agency must be searched in accordance with the National Security Framework (NSF Function 3) and the Local Searching Strategy. All items of property must be recorded or updated on the appropriate property record card.
2.3 Prisoners may retain ‘in possession’ authorised property appropriate to their privilege level under the locally operating IEP scheme, subject to the limitations of the prison’s facility list and volumetric control. The standardised facilities list set out in PSI 30/2013 provides a ‘menu’ of items available for selection and application to each level of the IEP scheme in order to meet local needs and circumstances. Governors may select items from the list but must not add to it. Where items are selected and where they appear at more than one IEP level they must be allowed at all the levels specified unless the Deputy Director of Custody has authorised an exemption. Books must be selected by Governors for inclusion in local facilities lists.
2.4 It is best practice for a prison’s local facility/in possession list to be displayed in the Reception area and on wings and to be available in a variety of languages appropriate to the establishment’s population. Governors should also make suitable provision for prisoners who may be unable to read the list due to visual impairment, learning difficulties, or any other disability.
2.5 Prisoners who have been recalled into custody should be made aware that the parameters set out in paragraph 2.3 also apply to them.
2.6 As a result of their special status, unconvicted prisoners have a number of special rights and privileges (details of which are set out in PSO 4600 Annex B). Governors may not prevent unconvicted prisoners from having supplied to them at their own expense and for retention in possession books, newspapers, writing materials and other means of occupation, except any that appear objectionable to the IMB or, pending consideration by them, to the Governor (Prison Rule 43(1) refers). Unconvicted prisoners are also entitled to wear clothing of their own so far as it is suitable, tidy and clean, and shall be permitted to arrange for the supply to them from outside prison of sufficient clean clothing. It may therefore be reasonable to refuse to deliver additional clothing to an unconvicted prisoner if this results in other suitable clothing being placed in storage as this may indicate that the additional clothing is over and above what is “sufficient”.
2.7 Prisoners must be allowed to have in possession, or have access to such artefacts and texts as are required by their religion. Details of these are set out in PSI 51/2011; Faith and Pastoral Care for Prisoners. Prisoners may have additional religious artefacts or texts not detailed in this Order if they are not deemed by the Governor, relevant Chaplain or Minister to be a threat to security or good order. Governors have the discretion not to allow an artefact in possession if it constitutes a risk to health, safety, good order and discipline. On occasions Chaplaincy will loan prisoners religious items and books which should be recorded on a prisoners’ property card and marked/stamped to reflect they are items on loan and not part of a prisoners’ personal property. Religious books and artefacts should always be treated with appropriate care and respect.
2.8 Disabled prisoners must be allowed to have disability aids in possession, or have access to them subject to security checks. If there are concerns that a specific aid may be a security risk, a risk assessment must be carried out and a suitable alternative provided. Further details are set out in PSO 2855.
2.9 Prisoners must not be allowed to transfer ‘in possession property’ to the ownership of other prisoners, unless the Governor is satisfied that such transfers are voluntary and for acceptable reasons (e.g., not the result of bullying or taxing, or in exchange for illicit items), and that they will not undermine the IEP scheme or good order or discipline. Authorised transfers of property must be recorded on all the appropriate property record cards.
Money
2.10 Prisoners must not be allowed to retain cash whilst in prison. Prison Rule 43(3) requires that, any money which a prisoner has in his or her possession on arrival at the prison, or which is later handed in, must be paid into an account credited to the prisoner but under the Governor’s control. The amount taken must be recorded and the prisoner asked to confirm in writing that the record is correct. PSI 01/2012 sets out the required actions relating to prisoners’ financial affairs.
2.11 Foreign currency brought in at reception must be treated as valuable property. Foreign currency must be dealt with in accordance with the NOMS Finance Manual PSI 37/2013 – AI 15/2013.
Free gifts
2.12 Prisoners must be informed that any free promotional items which areenclosed with any purchasewill be assessed by the prison for suitability. Any articles which are considered a risk to good order discipline, security and safety and/or exceed volumetric control limits will not be permitted and will be removed before the purchase is passed to the prisoner. Prisoners placing an order for anyarticle will bedeemed to have accepted this condition. If a prisoner isaware of a particular promotion and thisis a key factor in placing the order, then it is recommended that the prisoner seeks confirmation of whether they will be permitted the promotional item before ordering
Property record cards
2.13 Prison Rule 43(2) requires that anything other than cash, which a prisoner has at a prison and which he is not allowed to retain for his own use must be taken into the Governor’s custody. An inventory of a prisoner’s property must be kept, which the prisoner must be required to sign, after having a proper opportunity to see that it is correct. It is therefore a statutory requirement to keep clear and accurate documentation so as to enable the proper recording of all prisoners’ property transactions. It is imperative that all entries are comprehensive and legible and that when a transaction affects a number of items on a property card the outcome is clearly recorded individually against every item. This discipline is important and will aid in the response to compensation claims and will also provide an effective audit trail for staff and management. It is considered good practice for Governors to undertake regular management checks to ensure that prisoners’ property cards are being accurately completed and, where necessary amended, and that they accord with the prisoners’ property.