Guidance

Annex C: Staff Assaults

Updated 27 September 2023

Applies to England and Wales

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  • other than those less serious assaults where there is little or no injury, which are more appropriately dealt with by adjudication, all assaults and sexual offences on staff will be referred to the police for investigation and consideration for prosecution. Where the perpetrator is an offender previously convicted of a TACT/TACT-offence, all assaults on staff including those considered less serious, should be referred to the police alongside assessment for disposal by adjudication

  • dealing with minor assaults by adjudication may provide a more efficient disposal for less serious assaults. Some examples of these offences include assaults where there is no injury (pushes or grabs) or less serious injury not requiring hospital treatment, including minor scuffs, and reddening of the skin; superficial scratches; minor bruises; small cuts, grazes or abrasions and minor swellings. If the member of staff requests the crime is referred to the police, the prison must do so

  • assaults occasioning transfer of bodily fluids including biting (where the skin is broken, and saliva may have transferred into the wound) or spitting to the face should be considered for a referral to the police

  • there may be factors which would indicate a referral to the police and each incident should be considered on a case-by-case basis. This may include, but is not limited to:
    a) The assault was pre-planned/ premeditated rather than reckless or an immediate reaction to a particular situation
    b) The assault is part of, or linked to, organised criminal activity
    c) Assaults motivated by or demonstrating hostility to the staff member based on his/her religion; race; ethnic origin; sexual orientation; gender; disability; age or political views
    d) a history of similar offending, including record of convictions and adjudication history

  • further information can be found in the Staff Assault 8 Point Plan

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