Security
Discipline/truculent moves (Back to top)
Refusal to attend court
Prison staff will communicate the refusal of a prisoner to attend court to the supplier.
The establishment must then communicate the refusal to the court who will consider how to proceed the case which could include:
- Arrange the court appearance via video link
- Conduct the hearing in the prisoner’s absence
- Re-list the case for a future date
- Request the prisoner is produced to court
In cases whereby the court request the prisoner is produced the duty governor/director of the sending establishment will determine whether force will be applied.
The establishment must then communicate the decision of the court and/or duty governor/director to the supplier, and should the prisoner be required to attend court an additional prison transfer request (PTR) will be submitted by the establishment to the supplier.
The supplier will then provide a vehicle and appropriate staff to escort the prisoner. If force is applied this will be conducted by HMPPS staff and any injuries to the prisoner will be documented on the DPER.
Following a risk assessment by the duty governor/director should it be determined that restraints are required to complete the transition to court, the DPER must evidence the name of the prison manager authorising.
Inter-prison transfer refusal
A prisoner refusing transfer will be subject to a dynamic risk assessment by the discharging establishment to determine suitability for transfer and the duty governor/director at the discharging establishment is the authority for the transfer to take place.
The duty governor/director at the discharging establishment will contact the receiving establishment to communicate the transfer of a truculent prisoner and the DPER will be annotated with whom the agreement to receive was made.
For establishments who may have pre-agreed protocols for the use of force, the discharging establishment will commit to informing the receiving establishment if force was necessary.
Prison staff must then inform the supplier of the individual refusing and whether force will be applied.
If force is applied this will be conducted by prison staff and any injuries to the prisoner will be documented on the DPER.
Following a risk assessment by the duty governor/director should it be determined that restraints are required to complete the transfer, the DPER must evidence the name of the prison manager authorising.
Prisoners at risk of self-harm
All prisoner’s subject to an open ACCT are reviewed prior to transfer in accordance with the national Suicide and Self-Harm Prevention Policy, however it is accepted that at the point of transfer prisoners may be deemed a risk of self-harm through their statements and actions, for example, production of a razor blade.
Where a risk of self-harm is determined the following process must be followed:
- Prior to the handover of the prisoner to the supplier, the discharging establishment must ensure all actions are taken to mitigate the risk of harm and the duty governor will authorise the transfer following the process above.
- Following handover, if the risk of harm increases due to an action by the prisoner whilst on the vehicle within the establishment, the prisoner must be removed from the vehicle and handed over to prison staff to instigate appropriate actions which would include searching, seeking medical attention and opening of an ACCT where required.
- The prisoner must be reassessed to determine suitability for the transfer based on risk, the decision again to be determined by the duty governor.
It is possible that the steps above need repeating should the risk increase on more than one occasion.
Use of restraints
Under exceptional circumstances a prisoner may be required to be escorted whilst handcuffed.
Consideration must be made in relation of risk to both the prisoner and supplier as well as expected journey time. Authority for the use of restraints will be the discharging establishment.
Handcuffs can be considered if:
- The prisoner is displaying refractory behaviour and refusing to comply with the escort.
- The demeanour of the prisoner gives officers cause for concern (concerns must be documented in DPER).
- Specific and current intelligence is received regarding the prisoner risk of escape.
- For the purpose of a journey prisoners must not be handcuffed to the rear.
Category A prisoners (Back to top)
PECS do not transfer prisoners who have been designated Category A. These movements are managed by the HMPPS Long Term High Security Estate (LTHSE).
Security of Prisoners at Court Protocol (Back to top)
The Security of Prisoners at Court Protocol sets out the framework of procedures agreed by the chief executive officer of Her Majesty’s Prison and Probation Service (HMPPS) and the chief executive officer of Her Majesty’s Courts and Tribunals Service (HMCTS) for the safe and secure management of court proceedings involving the small minority of prisoners who present a risk of escape or of causing serious harm when outside prison.
The procedures ensure that adequate security measures are in place to mitigate risk without compromising delivery of justice or the defendant’s right to a fair trial.
This protocol applies equally to proceedings in magistrate and crown courts, the Court of Appeal, High Court and all civil, family and coroner’s courts.
Closed supervision unit (segregated) prisoners (Back to top)
Where it is known a prisoner has been collected for court from a prison Care and Separation Unit, this must be included as part of the risk assessment for the management of the prisoner under escort and during time at court.
All parts of the court process must be considered, including cell location, unlock, movements around the custody suite and time spent in the dock.
Prison staff should ensure that the PECS supplier is notified as soon as possible where a prisoner is attending court from the CSU to enable timely and effective risk assessments to be completed.