Guidance

Annex E: Staff Assaults 8 Point Plan

Updated 27 September 2023

Applies to England and Wales

HMPPS will not tolerate assaults, sexual offences or hate crimes on our officers, staff, or volunteers. Being assaulted or abused in any way is not part of the job.

In line with the Crime in Prison Referral Agreement, assaults or sexual offences against members of staff will be referred to the police for investigation and consideration for prosecution. Less serious assaults, where there is little or no injury, are more appropriately dealt with by the prison disciplinary system.

The Duty Manager must ensure that the Duty Governor (and designated support officer if the prison has one) is informed to provide continuity of welfare support. Line managers and other staff should be notified as considered appropriate locally. The victim will also have access to the Employee Assistance Programme and the Care Team within the prison. The Prison Officers Association can also provide valuable additional support to the victim.

To achieve a successful prosecution, the best evidence must be presented to the police in a timely manner, including any victim and witness statements, CCTV and BWVC footage that can be instrumental in these cases.

The prison will provide a Prison Community Impact Statement to highlight significant implications for the safety, control, and order that crimes committed within a prison cause and the impact the offence itself has had on the prison. Victim Person Statements should be used to detail the harm caused to the victim.

The Victims’ Code applies to all victims including prison officers who have been subject to assault, sexual offences or hate crime. Complying with the Victims’ Code means keeping the victim updated, discussing outcome options, and taking account of the victim’s point of view before imposing an outcome. Special measures to support witnesses and victims may be put in place, at the discretion of the court, if the witnesses are considered to be vulnerable or at risk of intimidation. The prison will also provide appropriate after care to members of staff.

The assault or sexual offence will be reported on the Incident Reporting System. Serious assaults will also be telephoned into the National Incident Management Unit. If there has been a use of force, the relevant paperwork will also be completed.

The police will keep the prison updated of the progress of the case. The police will provide a full explanation to the prison if it is decided not to proceed with a case. The prison should consider any lessons learned following this feedback.

Victims recover better and more quickly if they receive the right welfare and supervision. This also helps to avoid long-term negative consequences. The affected person’s manager should meet with them as soon as it is practical to do so. The victim may downplay the impact on them, but managers should be aware of the potential effects of the incident, which may include the decision whether they want police involvement.

1. What you can expect from the Police

When the Police carry out an investigation, they will update you at key stages of the investigation and at regular intervals.

The Officer in Charge (OIC) will identify whether the victims are vulnerable and / or assess whether they are at risk of intimidation. The OIC will notify the victim if they need to attend court and if so tell them so they can receive the appropriate support. The OIC will record details of all contact or attempted contact on the appropriate crime recording system.

The joint agreement on offences against emergency workers ensures the more effective investigation and prosecution of cases where emergency workers are the victim of a crime, particularly in applying the provisions of the Assaults on Emergency Workers (Offences) Act 2018 and to set out the standards victims of these crimes can expect.

2. What you can expect from the Crown Prosecution Service (CPS)

The CPS prosecutors when identifying the correct charge will do so in accordance with the Code for Crown Prosecutors; the Director’s Guidance on Charging; CPS policy, in particular the Prison Related Offences guidance; CPS Charging Standards; and CPS Charging Standards on Assault. The prosecutor will consider each case on its own facts and merits.

The prosecutor will, when reviewing cases involving assaults on prison officers that meet the criteria within the Agreement and in assessing the public interest stage, bear in mind the impact of the offence on the safe and secure running of the establishment and the potential impact of a decision not to prosecute.

When considering the public interest stage of the Code for Crown Prosecutors, prosecutors will have regard to the provisions that state that a prosecution is more likely if the offence has been committed against a victim who was at the time a person serving the public. A prison officer is a person who serves the public.

When considering the public interest for prosecution, the likelihood that a concurrent sentence will be imposed is not in itself sufficient to refrain from prosecuting an offence committed by a prisoner in prison.

The CPS will explain a decision to take no further action or to reduce a charge to the police and will write to the victim in accordance with the Code of Practice for Victims of Crime. This is in addition to the rights of an individual victim under the CPS Victims’ Right to Review.