England: new rules to crackdown on violent prisoners come into force

The new joint protocol produced by the Prison Service, Crown Prosecution Service (CPS) and Association of Chief Police Officers (ACPO) provides that when there are serious assaults on prison staff, the perpetrators will be prosecuted unless there is a good reason why not.

The protocol provides robust guidelines for joint working between prisons, police and CPS to ensure that wherever possible prisoners who commit serious assaults on staff or other serious crimes – such as hostage taking, arson, absconds – are punished through the courts.

Already, there is a presumption that sentences for offences committed in prison will be served at the end of, rather than alongside, the initial prison sentence.

This new approach sits within the Prison Service’s violence reduction strategy, intended to reduce violent behaviour and make use of new technology such as body worn cameras.

In addition there is a crackdown on new psychoactive substances (NPS) or so-called legal highs coming into prisons.

Prison governors have recently received new guidance from the Ministry of Justice (MOJ) which sets out the measures available to them to deal with NPS.

A loop hole is also being closed by the MOJ, which means that anyone found trying to bring these non-controlled drugs into prison could now face 2 years in prison.

Prisons minister Andrew Selous (pictured) said: “Today is a milestone in our huge effort to tackle violence in prison.

“This new approach to investigating crime in prisons will ensure that those that attack staff are prosecuted and fully brought to justice.

“We have always had a complex and challenging prison population but are taking appropriate steps to ensure that we carefully manage the increased levels of violence.”

These new guidelines will provide additional guidance to prosecutors, who review all charging decisions in accordance with the Code for Crown Prosecutors.

The Code requires the CPS to consider whether there is sufficient evidence and, if so, whether a prosecution is in the public interest before charging.