Guidance

Annex D: Other Offences

Updated 27 September 2023

Applies to England and Wales

There may be other offences where it is appropriate to refer to the police, however these will need to be determined on a case-by-case basis.

1. Aggravating Factors

Some factors that should be considered include:

• There is intelligence or evidence to suggest the prisoner has links to serious and organised crime groups.
• There is intelligence or evidence that the crime is part of, or linked to, wider criminal activity than this offence alone.
• The victim is vulnerable, or the crime was motivated by discrimination (this is often known as hate crime).
• Offences which have resulted in a high degree of damage, danger to life such as arson or they intended to cause more damage/ injury than what occurred.
• Offences which mirror the prisoner’s index offence or there is an ongoing risk.
• Offences which were planned/ premeditated or sophisticated in nature.

There may also be offences which would not usually meet the criteria; however, it is appropriate to refer to the police due to the prisoner’s repeat or escalating offending, the economic or social impact or if there is belief the prisoner is adapting their offending to try to avoid a police referral. The prison should raise their concerns with their local police force and explain the circumstances of these cases. Prison Community Impact Statements should be used to convey the impact the offence has had on the prison.

This list of aggravating factors is not exhaustive and local arrangements based on current threats and risks to the prison should take place between the prison and local police force. These should be reviewed regularly due to the changing nature of the environment.

2. Other Offences

2.1 Weapons

Unauthorised possession of a knife, bladed or offensive weapon will be considered by the prison to determine the appropriate course of action, taking into consideration any aggravating factors.

A referral to the police may be appropriate if a blade or multiple weapons have been found that can be attributed to a prisoner.

If a prison is having a particular problem with weapons, a discussion should take place with the local police force to determine the threshold for these offences.

2.2 Mobile phones

Mobile phones or component parts found in the possession of prisoners identified as high priority either through the Prisoner Assurance Risk Service (PRAS) or subject to Lifetime Offender Management (LOM) or visitors or staff where intelligence or evidence suggests intent to supply to prisoners must be referred to the police.

Considerations for when a referral may be appropriate for mobile phone finds include but are not limited to: - If there is evidence or intelligence that the prisoner is using the phone for criminal activity or the prisoner is identified as a high-priority or high-risk offender either through intelligence from the police or HMPPS or is flagged as an organised crime nominal. - If serious criminality is discovered during the interrogation of the phone, including serious organised crime, terrorism or terrorism connected offences, the interrogation should immediately be stopped and referred to the police.

2.3 Prisoners who attempt to corrupt staff

Whilst there is no specific offence of attempting to corrupt staff, prisoners who solicit and/or engage in corrupt activity could commit any, more or all, of the following:

• Common Law – conspiracy to commit an indictable offence.
• Part 2, Serious Crime Act, 2007 - intentionally encouraging or assisting an offence.
• Misuse of Drugs Act, 1971 - being concerned in the supply of controlled drugs.
• The Bribery Act, 2010 – making an offer of an advantage to induce improper performance of a relevant function.

Prisons should consider contacting the police if there is a suspicion that the prisoner who is attempting to corrupt staff may have committed one of these offences.