National Offender Management Service Statement PSI-30-2013-1
National Offender Management Service Statement PSI-30-2013-1
National Offender Management Service Statement PSI-30-2013-1
Reference:-
Prisons
PSI 30/2013
Issue Date
30 January 2015
(4th Revision)
Issued on the
authority of
For action by (Who is
this Instruction for)
Effective Date
Implementation Date
01 November 2013
Expiry Date
04 September 2017
Instruction type
For information
Provide a summary
of the policy aim and
the reason for its
development /
revision
the prisoner will not exceed his or her volumetric control limit.
4th Update: 30 January 2015 Amendments have been made further to
the Notice to Governors of 29 January from Mandy Jones, Head of
Equality, Rights and Decency Group.
Paragraph 10.4 has been
amended to reflect that books are not included within the category of items
which under that paragraph cannot be sent or brought into prisons; this
amendment is also reflected at Annex F.
A further amendment has been made to Annex F to reflect that books
must be selected by Governors/Directors of contracted out prisons for
inclusion in local facilities lists.
Contact
A new Annex (Annex I) has been added which sets out the policy on the
sending and handing in of books from 31 January 2015.
Equality Rights and Decency Group
[email protected]
Associated
documents
PAGE 1
CONTENTS
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Section
Subject
1.
Executive Summary
Specification Outcomes
Compacts
IEP Warnings
10
11
12
13
14
15
16
Monitoring
17
Changes to P-NOMIS
Annex A
Annex B
Annex C
Annex D
Annex E
Annex F
Facilities List
Appendix A - Games Consoles
Appendix B - Hobbies
Appendix C - Religious Practice
Appendix D - Volumetric Control
Appendix E - Unconvicted Prisoners
Annex G
Annex H
Annex I
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Directors of contracted
prisons, Governors and all
staff involved in the IEP
process
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1.
Executive Summary
1.1
This PSI sets out the revised operational framework for all prisons and Young Offender
Institutions (YOIs) in delivering the Incentives and Earned Privileges Scheme (IEP), which
is part of the Residential Services Specification. This revised policy does not apply to young
people (those under the age of 18) as there is a separate scheme for them that operates
under PSI 08/2012 - Care and Management of Young People and PSI 11/2011 - Incentives
and Earned Privileges. Therefore these PSIs will remain in place for young people. All
subsequent references to Governors in this PSI should be taken to include Directors of
contracted out prisons.
1.2
This PSI has been issued following a review of the IEP scheme, the outcome of which was
announced by Ministers on 30 April 2013. The changes will come into effect from 1
November 2013. This policy applies to all adult prisoners (aged 18 and over), including
recalls, received into prison custody on or after 1 November 2013. Existing adult prisoners
in prison custody will not be affected by the new policy, save for paragraphs 10.4 and 10.5
until:
This means that PSI 11/2011 will continue to apply to existing prisoners, including any local
facility lists in place under that scheme, until they have reached either of the two stages
above. A prison transfer will not automatically trigger a review unless it is for behaviour
and/or performance related reasons. Therefore prisons will need to operate two schemes
for prisoners aged 18 or over until all such existing prisoners have migrated across to the
new policy. Once a prisoner is on the revised scheme their in-possession items will be
managed within the new facilities list.
1.4
In order to prepare for the introduction of the revised scheme, prisons must, from
September 2013:
Identify the potential number of prisoners who will require prison issue clothing and
order the items. Public sector prisons should order items through existing channels.
Private sector prisons should submit any orders to the following email address
[email protected]. Prisons must ensure that they do not over
order to avoid placing unnecessary demands on stock;
Make the content of the revised scheme available to all new and existing prisoners.
It is important that existing prisoners are informed of the changes introduced by this PSI. Local
communications with staff and prisoners will be vital to the successful implementation of the
scheme and to assist, a communication package will be sent to prisons in due course. Existing
prisoners, when they migrate to the revised IEP scheme, must be judged against the Criteria of
Requirements for Progression set out in Annex B, so it is important to ensure that existing
prisoners are made aware of these requirements in sufficient time before they are reviewed under
the revised scheme.
Background
1.5
Prison Rule 8 and YOI Rule 6 (Annex G) require every prison and YOI to provide a system
of privileges which can be granted to prisoners or young offenders in addition to the
minimum entitlements under the Rules, subject to their reaching and maintaining specified
standards of conduct and performance.
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1.6
The Incentives and Earned Privileges (IEP) scheme was introduced in 1995 with the
expectation that prisoners would earn additional privileges through demonstrating
responsible behaviour and participation in work or other constructive activity. Since then a
number of revised instructions have reflected slight changes in the approach. On 30 April
2013 Ministers announced the outcome of a review of the IEP scheme and made it clear
that, in order to earn privileges, prisoners will now have to work towards their own
rehabilitation, behave well and help others. The absence of bad behaviour alone will no
longer be sufficient to progress through the scheme.
1.7
In addition Ministers announced that prisoners will be required to make payment towards
any damage that they cause to prisons and prison property. The adjudication process will
be used to determine whether recovery is appropriate and the amount to be recovered and
an amendment to PSI 47/2011 - Prisoner Discipline Procedures will be issued.
1.8
The revised IEP scheme introduces a new Entry level which sits between Basic and
Standard level. Entry level applies to all:
1.9
Male convicted prisoners on Entry level will be required to wear prison issue
clothing;
Prisoners on Entry level will not be permitted access to higher paid work;
Prisoners on Entry level will have a level of private cash allowance above Basic
level but lower than Standard level;
Prisoners will not be allowed to watch TV when they should be at work, in
education, engaged in activities to reduce their reoffending or other activities as
directed (see paragraph 9.9 and Annex E for further details);
Subscription TV channels have been removed;
There will be a standardised facilities list which applies to all prisons. This will be in
the form of a menu which governors may select from, but must not add to. There
are no exceptions to this rule albeit the facilities list will be reviewed annually to
ensure it remains relevant. There are also restrictions on what items can be handed
in and sent in to prisoners by their families and friends. Further details can be found
at paragraphs 10.2 -10.5 and Annex F. Where items are selected and where they
appear at more than one IEP level, they must be allowed at all the levels specified
unless the Deputy Director of Custody has authorised an exemption;
Save for where there is a medical need, only prisoners on Standard and Enhanced
levels may have access to the Gym above the requirement for physical exercise in
Prison Rules. Any such access must take place outside the prisoners core working
day or during periods where the prisoner would otherwise be legitimately
unoccupied (for example, as a result of part-time work; instructor absence;
unemployment).
18 rated (or equivalent) and unrated DVDs (save for unrated DVDs for corporate
use such as those shown to prisoners by the Chaplaincy and Education staff) and
games are not permitted to be received, purchased, viewed or retained inpossession;
IEP reviews will now require only one member of staff (minimum of Band 4 for
routine reviews and Band 5 for immediate reviews). Where Governors choose to
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have more than one person involved in routine reviews and the decision making
process, the review must be chaired by a member of staff at a minimum of Band 4
level.
Desired outcomes
1.10
Prisoners engage with their rehabilitation. Good behaviour is incentivised and bad
behaviour is challenged with loss of incentives. Local incentive schemes operate on four
levels: Basic, Entry, Standard and Enhanced.
1.11
Incentives arrangements are fair, consistent and not subject to unfair discrimination. They
support the requirements of the establishment and meet the needs of the population where
practicable. Basic level provides access to the safe, legal and decent requirement of a
regime on normal location.
1.12
Prisoner conduct and behaviour on the wing is managed. Privilege levels are determined by
patterns of behaviour, compliance with the regime or individual sentence plan targets,
helping prison staff or other prisoners, whether the prisoner is taking an active part in their
rehabilitation, and/or significant events (where the misconduct would warrant an
adjudication charge being laid, for example for violence, supply and possession of drugs,
possession of a mobile phone, abscond or possession of a weapon). Decisions are
recorded and the prisoner and stakeholders are notified.
Application
1.13
All staff involved in the IEP process must be familiar with this PSI and any associated policy
changes.
Mandatory actions
1.14
Governors must implement an IEP process in accordance with the instructions and
mandatory actions set out in this PSI which must be approved and authorised by the
Deputy Director of Custody.
Resource Impact
1.15.
There will be some cost implications for prisons to meet the additional demand for prison
issue clothing for prisoners on Entry level. This is an unfunded cost and prisons will need
to absorb that pressure within existing budgets. There may also be an impact on staff time
to update P-NOMIS and manage the new TV arrangements to ensure prisoners do not
watch TV when they should be at work, education or engaged in activities to reduce their
reoffending or other activities as directed. Furthermore the new policy may lead to more
movement of prisoners between levels, therefore, in recognition of this the revised scheme
has reduced the number of people required for an IEP review board from two to one.
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OPERATING INSTRUCTIONS
This policy sets out a national framework that applies to all prisons but Governors need to devise
local schemes that are consistent with the framework.
2.
Specification Outcomes
2.1
This PSI deals solely with the 3 specific outcomes in the Residential Services Specification
that relate to IEP (Outcomes 4, 5 and 6). For other outcomes see PSI 75/2011 Residential Services.
2.2
2.3
Outcome 5:
Incentives arrangements are fair, consistent and not subject to unfair
discrimination, support the requirements of the establishment and meet the needs of the
population, where practicable. The basic level provides access to the safe, legal and decent
requirement of a regime on normal location.
2.4
Outcome 6: Prisoner conduct and behaviour on the wing is managed. Privilege levels are
determined by patterns of behaviour, compliance with the regime or individual sentence
plan targets, helping prison staff or other prisoners, whether the prisoner is taking an active
part in their rehabilitation, and/or significant events (such as where the misconduct would
warrant an adjudication charge being laid, for example for violence, supply and possession
of drugs, possession of a mobile phone, abscond or possession of a weapon). Decisions
are recorded and the prisoner and stakeholders are notified.
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3.
Compacts
3.1
All prisoners will be required to sign an IEP Compact (Annex A) when they join, or as an
existing prisoner, migrate onto the new IEP framework, to accept that they have read (if
able to), understood and had the opportunity to question the requirements of the scheme.
Staff must ensure that they have explained the requirements of the scheme to the prisoner
and given them the opportunity to ask questions. Staff must sign the compact to evidence
that the prisoner has been made aware of the scheme. If the prisoner refuses to sign the
compact the presumption will be to put them on Basic regime unless all other aspects of the
individuals behaviour and performance are acceptable.
3.2
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4.
4.1
Under the revised IEP scheme, prisoners are expected to demonstrate a commitment
towards their rehabilitation, engage in purposeful activity (for example, attend work and / or
education), reduce their risk of reoffending, behave well and help other prisoners / staff.
Prisoners must not be penalised if their failure to demonstrate any of the above is through
no fault of their own (e.g. where they are willing to engage but where operational pressures
have limited the opportunity).
4.2
The revised IEP scheme must operate on four levels: Basic, Entry, Standard and
Enhanced. The definitions of these levels and the specific requirements are set out below.
In addition to those requirements prisoners are required to comply with the Behavioural
Expectations section set out in Annex B.
4.3
Governors must ensure that the specific statutory protections afforded to unconvicted
prisoners, such as the right not to work and the right not to wear prison clothing are
complied with. PSO 4600 - Unconvicted, Unsentenced and Civil Prisoners sets out further
information on the rights of unconvicted prisoners.
Basic Level
4.4
Basic level is for those prisoners who have demonstrated insufficient commitment to
rehabilitation and purposeful activity, or behaved badly and/or who have not engaged
sufficiently with the regime to earn privileges at a higher level.
4.5
All prisoners on Basic level will continue to receive the entitlements laid down in Prison/YOI
Rules and other instructions in relation to visits, letters, telephone calls, provision of food
and clothing, and any other minimum activity provided locally for all prisoners, apart from
those in segregation.
4.6
In addition to satisfying the Behavioural Expectations set out in Annex B, prisoners on Basic
will be considered suitable for progression to the next appropriate level (see paragraphs 5.1
- 5.16 for further details on progression) if they:
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4.7
All new prisoners, including those on remand, newly convicted or recalled to prison
following licence revocation, received into custody on or after 1 November 2013 will enter
custody on the Entry level of the new IEP scheme.
4.8
4.9
Existing prisoners (see 4.8 above) who are placed on the revised scheme and recalled
prisoners will not necessarily need to complete all of the requirements listed below and it
will be for Governors to decide and communicate to prisoners which elements are
applicable. For example, where a remand prisoner has been in the prison for a significant
period of time before they are convicted, the requirement to complete the induction process
is unlikely to be necessary.
4.10
.
To assist staff in reviewing a prisoners compliance with the Entry level requirements a
checklist is attached at Annex C. It will be for Governors to determine which aspects of the
checklist apply to individual prisoners and to add to the list as appropriate.
Standard Level
4.12
Standard level of the IEP scheme is for all prisoners who have successfully completed the
Entry level requirements and those who are considered to be meeting rehabilitation
expectations, participating in the regime and behaving well.
4.13
In addition to satisfying the Behavioural Expectations set out in Annex B, Standard Level
prisoners are expected to:
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Enhanced Level
4.14
The Enhanced level of IEP scheme is reserved for those prisoners who have
demonstrated, for a minimum period of 3 months, that they are fully committed to their
rehabilitation, seeking to reduce their risk of reoffending, complying with the regime and
meeting the Behavioural Expectations set out in Annex B.
4.15
In addition, Enhanced level prisoners must demonstrate that they have helped other
prisoners or staff, for example, acting as Listener, mentoring other prisoners. It is
recognised that opportunities such as this may be limited and it is for the Governor to
determine what activities enable prisoners to demonstrate that they have helped others or
given something back for a sufficient period to be able to earn Enhanced status. A prisoner
must not be elevated to Enhanced status without meeting this requirement. Governors
must ensure all prisoners have an equal opportunity to demonstrate such behaviour and
make reasonable adjustments for those who may find it more difficult for reasons such as
disability.
4.16
In addition to satisfying the expected Behavioural Expectations set out in Annex B, to reach
and remain on Enhanced level, prisoners must:
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Engage and co-operate with the prison regime by attending activities as required,
by following orders and instructions from staff and completing any other additional
requirements imposed by the Governor.
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Following the 14 day Entry level period, progression to Standard level must depend on the
prisoners successful completion of the required activities as set out in 4.10 above, taking
into account any mitigating factors including any lack of compliance through no fault of the
prisoner, combined with an assessment of their behaviour against the criteria in Annex B.
5.2
Where the reviewer considers that the prisoner has failed to complete the required
activities and/or where their behaviour is assessed as not meeting required standards after
taking account of any mitigating circumstances, they must be downgraded to Basic level.
Progression must depend on the prisoners successful completion of the required activities
as set out in 4.6 above, taking into account any mitigating factors including any lack of
compliance through no fault of the prisoner, combined with an assessment of their
behaviour against the criteria in Annex B.
5.4
Where a prisoner has been regressed to Basic through non-compliance with Entry level
(either on assessment at the end of the 14 day period or at any point during the 14 days)
and has subsequently been assessed as suitable for progression, they must complete the
full 14 days on Entry afresh before being progressed to Standard.
5.5
5.6
If the prisoner has been regressed to Basic through non compliance with Standard or
Enhanced level, and has subsequently been assessed as suitable for progression they
must be placed on Standard level unless the circumstances described in 5.5 above apply.
5.7
Where it has been considered that the prisoner has failed to complete the requirements set
out above in 4.6 and/or where their behaviour is assessed as not meeting required
standards after taking account of any mitigating factors, they must remain on Basic level
until they are assessed as suitable for progression.
Where the reviewer considers that the prisoner has failed to complete the required
activities and/or where their behaviour is assessed as not meeting required standards after
taking account of any mitigating factors, they must be downgraded to Basic level.
5.9
Where the reviewer considers that the prisoner is doing enough to comply with paragraph
4.13 but no more, they must remain on Standard level.
5.10
Progression from Standard to Enhanced level must depend on the prisoners successful
completion of the required activities as set out in 4.16 above, taking into account any
mitigating factors including any lack of compliance through no fault of their own.
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5.11
Where the reviewer considers that the prisoner has failed to complete the requirements
and/or where their behaviour is assessed as not meeting required standards after taking
account of any mitigating factors, they must be downgraded to Standard level (but see
paragraph 5.15).
5.13
To remain on Enhanced level prisoners must successfully complete all of the requirements
set out in 4.16 above, taking into account any mitigating factors including any lack of
compliance through no fault of the prisoner, and comply with the Behavioural Expectations
set out in Annex B.
5.14
5.15
The downgrading of prisoners from Enhanced to Basic is reserved for the most serious
cases of misconduct e.g. where the misconduct would warrant an adjudication charge
being laid, for example for violence, supply and possession of drugs, possession of a
mobile phone, abscond or possession of a weapon. The examples listed are not
exhaustive. In such instances, an immediate review must take place and be undertaken by
a member of staff who must be a minimum of Band 5. There will be a strong presumption
that such incidents will lead to an immediate downgrade to Basic level unless there are
compelling reasons to only downgrade to Standard or maintain the current privilege level. If
the adjudication is subsequently quashed, dismissed or not proceeded with, a further
review should take place to determine the prisoners appropriate IEP level.
5.16
Prisoners must not be progressed directly from Basic to Enhanced or from Entry level to
Enhanced.
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6.1
IEP reviews will require only one member of staff (minimum of Band 4, save for immediate
reviews see paragraph 6.7). Where Governors choose to have more than one person
involved in routine reviews and the decision making process, the review must be chaired by
a member of staff at a minimum of Band 4 level. Where operationally possible, prisoners
must be able to make prior representations. They must be recorded and any decisions
notified to the prisoner must include sufficient information for the prisoner to understand
what criteria they failed to meet, the evidence to support this assertion, and how any
representations by the prisoner (or by a member of staff) have been taken into account.
Prisoners must also be informed of the local appeal process, including complaint
procedures. Any appeal must be considered by a more senior member of staff than the
person who took the decision that is being challenged.
6.2
Decisions about the appropriate privilege level for each prisoner must be open, fair and
consistent. Views must be sought from across the establishment, including education and
workshop staff, reports from any treatment programmes which have been completed as
part of the sentence plan and any other staff who have close dealings with the prisoner.
6.3
Assessments should be based on the prisoners efforts to meet the requirements and
behavioural expectations and must take account of any mitigating factors. It is therefore
important for staff to record on P-NOMIS good, as well as bad, behaviour and performance
for all prisoners to allow for meaningful reviews to take place.
6.4
Prisoners placed on Basic level must be reviewed within seven days and, if they are not
suitable for progression, informed of the steps they need to take to return to either Entry or
Standard level. This should include realistic targets to assist them to progress. Adult
prisoners that remain on Basic must be reviewed at least every 28 days.
6.5
Prisoners on Entry level must be reviewed after 14 days unless the circumstances
described in 6.7 below arise. The Entry level assessment is supported by a checklist
attached at Annex C. It will be for Governors to determine which aspects of the checklist
apply to individual prisoners and to add to the list as appropriate.
6.6
Prisoners on Standard level may apply for progression to Enhanced level after three
months, and at three monthly intervals thereafter. Standard level prisoners who do not
apply for progression, and all those on Enhanced, should be reviewed annually to ensure
their behaviour is reflective of their incentive level. An earlier review can take place if there
is a change in overall performance or behaviour.
6.7
6.8
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programme should only be set on the Treatment managers advice, and should be
reviewed annually. These reviews should again take account of the views of the offender
supervisor and Treatment manager.
6.9
When a prisoner is to transfer from one prison to another, before the transfer takes place
the sending establishment must ensure that the prisoner is at the appropriate IEP level.
The IEP scheme must allow prisoners received on transfer to retain their privilege level. As
a minimum, they must be able to retain the national key privileges wherever these are
available (See also paragraphs 15.1 and 15.2).
Prisoners who deny their offence or who are appealing their conviction
6.10
In determining IEP levels, the fact that someone is in denial of their offence should not
automatically prevent them from progressing through the privilege levels, including to
Enhanced level. It is a prisoners commitment to rehabilitation, good behaviour and
willingness to use their time in custody constructively which should determine whether they
meet required standards. Further guidance on the issue of deniers/appellants is attached at
Annex D.
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IEP Warnings
7.1
Under this revised policy, prisoners will be allowed a maximum of two warnings if they fail to
meet requirements before an IEP review is instigated. The second warning must trigger a
review within a reasonable time frame. Where a first warning is given the Band 4 must
decide the time period during which the warning will apply, but this must not be more than
12 months. This will depend on the seriousness of the incident and any individual
circumstances that the reviewer considers are relevant.
Double jeopardy
8.1
The disciplinary system and IEP scheme are two separate systems. Privilege levels are
determined by commitment to rehabilitation, purposeful activity and good behaviour. The
adjudication process helps maintain order and discipline within a prison by awarding
punishments for specific incidents. However, there may be occasions when behaviour
results in both a disciplinary punishment for a specific act and a review and downgrading of
privilege level because the prisoners behaviour falls significantly below expected
standards. So for example a prisoner who assaults someone may be adjudicated against
for the offence and also have his IEP level reviewed.
Some day-to-day operational decisions affect prisoners access to privileges; for example
where lack of space means a prisoner cannot be accommodated on a wing where certain
facilities exist, or if a facility has to be temporarily withdrawn for security or other operational
reasons. However, Governors must not use their discretion to withdraw privileges from
individual prisoners in response to any behaviour or conduct on the part of the individual
without going through the processes described in this instruction, and must have regard to
any safer custody implications of their decisions.
8.4
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9.1
Each scheme must be approved and authorised by the Deputy Director of Custody. It must
include a written statement published and made freely available to all prisoners and staff,
setting out:
which of the key earnable privileges, and other locally available privileges, will be
provided, for whom, and in which parts of the establishment;
details of what is available for each of the four privilege levels;
the criteria for earning, retaining and losing privileges set out in this PSI;
the procedures by which decisions will be made about earning, retaining and losing
privileges, including who will make and assess reports on prisoners, the frequency
of assessment meetings, opportunities for prisoners to challenge adverse reports,
and who will make final decisions;
procedures for informing prisoners of decisions, reasons for adverse decisions, and
appeals.
9.2
All prisoners affected by the revised scheme must be informed of the scheme and provision
made for those who have difficulty reading or understanding English. Detailed information
on the scheme must be conveyed to prisoners during the induction period.
9.3
It is good practice to provide information in a variety of languages and formats, for example,
large print text or braille. Governors must ensure that information about the local scheme is
available to all prisoners. Reasonable adjustments, such as the availability of large print
and easy read versions, must be made to anticipate the needs of disabled prisoners.
Governors must consider the language needs of the prisoner population and make
translations available accordingly. To assist, the Compact and the Criteria of Requirements
for Progression have been translated centrally into foreign languages.
9.4
When designing local schemes under the framework of this policy Governors should bear in
mind that the privileges available at each level should be sufficiently attractive to provide
prisoners with a genuine incentive to progress upwards.
9.5
Where operationally possible, the following 6 designated key earnable privileges must be
included in local IEP schemes at levels appropriate for Basic, Entry, Standard and
Enhanced:
Visits
9.6
The Prison and YOI Rules set out the minimum statutory entitlement to visits. This
information can also be found in PSI 16/2011 - Providing Visits and Services to Visitors
(Outputs 1 and 3). Prisoners held a considerable distance from their immediate family, and
foreign national prisoners who may not have any close family members resident in the
United Kingdom, should be made aware that, where circumstances allow, they may be able
to accrue and take accumulated visits. Prisoners on Entry level will be entitled to the same
number of visits as Standard level prisoners.
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9.7
Prisoners on Enhanced level may receive improved visits if possible in better surroundings
and with more flexibility over times.
The potential to earn higher rates of pay applies only to prisoners on Standard and
Enhanced levels. Detailed guidance on prisoners pay policy is set out in PSO 4460 Prisoners Pay. The policy allows for prisoners doing the same work to earn different rates
of pay if they are on different IEP levels. It also includes mandatory minimum pay rates.
Governors may set local pay rates above the minimum to reflect regime priorities, in
particular, to encourage and reward prisoners constructive participation in the regime. Pay
rates must not discourage participation in an activity that forms part of their rehabilitation
e.g. an activity on a sentence/learning plan that is intended to reduce their risk of reoffending. Prisoners on the Standard or Enhanced levels are eligible for higher pay rates,
with Enhanced prisoners being considered first.
Prisoners on Entry, Standard or Enhanced levels are eligible for access to in-cell television.
These can be via an electricity supply or, a battery operated set. Prisoners on Basic must
not be allowed in-cell TV unless the exemptions in Annex E apply. Prisoners must not be
allowed to watch in-cell television when they should be at work, education, engaged in
activities to reduce their reoffending or other activities as directed (this excludes prisoners
who are willing to work but for whom no work or purposeful activity is available and those
who are not required to work). It is recognised that operational considerations will mean
that there may be occasions when Governors decide not to apply this, but those will be
exceptions. Prisoners must still pay the weekly rental costs and sign the in-cell TV compact
(see Annex E) regardless of the restrictions on access to television.
9.10
An amendment to Prison, YOI Rules and the Adjudication policy (PSI 47/2011) will allow
adjudicators, if they find a prisoner guilty of damaging the prison or prison property in
relation to behaviour exhibited on or after 1 st November 2013, to impose a non-punitive
award for recovery of monies from the prisoner to pay for the damage that they cause.
Should the prisoner damage their TV and should such an award be made, the Governor
may wish to consider whether a replacement TV should be withheld until the debt has been
paid. However, care needs to be taken not to penalise any innocent party by not providing a
replacement set (e.g. where the perpetrator shares a cell with another prisoner who is
complying with the regime).
Under the policy, the following prisoners will be allowed to wear their own clothes:
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9.12
Convicted adult (18 or over) male prisoners who are on Basic or Entry level will be
required to wear prison issue clothing unless:
9.13
In accordance with PSI 51/2011 - Faith and Pastoral Care for Prisoners, prisoners must be
allowed to wear dress, including headdress, that accords with the requirements of their
registered faith as agreed between the Faith Adviser and the Prison Service. Information on
the agreed position is contained in Part Two (Faith Annexes) of PSI 51/2011.
9.14
PSI 07/2011 - The Care and Management of Transsexual Prisoners states that Permitting
prisoners to live permanently in their acquired gender will include allowing prisoners to
dress in clothes appropriate to their acquired gender and adopting gender-appropriate
names and modes of address. An establishment must allow transsexual people access to
the items they use to maintain their gender appearance, at all times and regardless of their
level on the Incentives and Earned Privileges Scheme or any disciplinary punishment being
served. Therefore, as there is no requirement for female prisoners to wear prison issue
clothing, male to female transsexual prisoners will not be required to wear it. Female to
male transsexual prisoners in female establishments are also exempt.
Prisoners are allowed to spend from their earnings and to supplement this with private cash
allowance (i.e. money in possession at reception or sent from outside). Guidance on
access to private cash, save for Entry level, is given in PSI 01/2012 - Manage Prisoner
Finance.
9.16
Unconvicted
Convicted
Basic
22.00
4.00
Entry
35.00
10.00
Standard
47.50
15.50
Enhanced
51.00
25.50
The amount of time prisoners are allowed to spend outside their cells to engage in activities
(other than work, education, treatment interventions, recovery focused services or religious
services), or to associate together, will vary from one establishment to another, depending
on the availability of constructive activities and supervisory staff. But, where there is scope
to increase the allowance, Entry and Standard level prisoners may earn extra time out of
cell in addition to the establishments basic minimum, and then further time if they are on
Enhanced level. Establishments may find this easier to manage where the privilege is
location-based, rather than mixing prisoners on different levels.
9.18
To support the focus on rehabilitation, save for where there is a medical need, prisoners
must not have access to the Gym above the minimum requirement for physical exercise in
Prison Rules (one hour per week for over 21s and two hours a week on average for under
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21s) unless they are on Standard or Enhanced level. Any such access must take place
outside the prisoners core working day or during periods where the prisoner would
otherwise be legitimately unoccupied (for example, as a result of part-time work; instructor
absence; unemployment).
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10
10.1
In addition to the 6 key earnable privileges, Governors may allow other suitable activities to
incentivise prisoners. When considering what items to allow in-possession Governors must
only select from the standardised facilities list attached at Annex F.
The standardised facilities list, or menu has been introduced to ensure consistency across
the prison estate. The menu provides Governors with a list of in-cell items available for
selection and application to each level of the IEP scheme in order to meet local needs and
circumstances. Governors may select items from the list but must not add to it. Where
items are selected and where they appear at more than one IEP level they must be allowed
at all the levels specified unless the Deputy Director of Custody has authorised an
exemption.
10.3
Should Governors believe that there is a need for the list to be expanded to include certain
items they should raise the issue with their Deputy Director of Custody (DDC). If the DDC
supports the change then the DDC or Governor should contact the Equality, Rights and
Decency Group (ERD) and it will record the request and consider it further at the next
annual review of the facilities list. If the need warrants swifter action, the reasons,
supported by the DDC, should be made clear to ERD and it will be actioned as soon as
practicable.
10.4
The following two paragraphs apply to all prisoners regardless of which national IEP
operational framework applies to them (i.e. PSI 11/2011 or PSI 30/2013). This paragraph
does not apply to books; that is, books are not included within the category of items
which under this paragraph cannot be sent or brought into prisons. For the revised
policy on the sending or handing in of books by families and friends, which applies
from 31 January 2015, please see Annex I. To ensure that the IEP scheme is not
undermined the general presumption will be that items for prisoners will not be handed in or
sent in by their friends or families unless there are exceptional circumstances. Governors have
discretion to determine what constitutes exceptional circumstances; this could include for
example disability/health aids or an artefact for religious observance, stamped-addressed
envelopes so as to facilitate a prisoners ability to communicate or where there is a need to
replace clothing due to restricted access to laundry facilities. In determining whether other
exceptions are justified Governors should consider the impact on their IEP scheme, the
potential risk to security associated with smuggling contraband and whether they have
sufficient resources to examine resources to examine and search the incoming property.
10.5
Governors also have discretion to allow a one-off parcel of clothing to be handed in or sent
in following conviction. In addition, in accordance with Prison Rule 23 unconvicted
prisoners must be allowed to have sufficient clean clothing sent in to them from outside
the prison (whether through visits, by post or other means). Prison Rule 43 also provides
for unconvicted prisoners to have supplied to them at their own expense, writing materials.
Therefore, unconvicted prisoners are not subject to the same one-off parcel restriction that
applies to convicted prisoners, nor are they subject to the exceptional circumstances test
referred to above in respect of stamped-addressed envelopes. However, in accordance
with volumetric control limits and the need to reduce the amount of excess property within
the system it may be reasonable to refuse to deliver to an unconvicted prisoner additional
clothing if this results in other suitable clothing being placed in storage as this may indicate
that the additional clothing is over and above what is sufficient.
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10.6
Where games consoles and games are allowed as an additional privilege under the local
IEP scheme, they must not be provided at public expense and only prisoners on the
Enhanced level of the IEP scheme may be allowed them in possession.
10.7
10.8
18-rated games are not permitted to any prisoner under any circumstances.
10.9
All prisons have previously been made aware that new generation games consoles, which
have built in wireless access to the internet, are not permitted in possession. ICT Group
has constructed the following list of the types of consoles that are considered to present a
low threat to security as they do not, on their own, provide internet connectivity:
10.10 These games consoles are considered to present a high threat to security as they provide
internet connectivity:
10.11 This list is subject to frequent change as new products are released. The simple rule is that
no games consoles with Wi-Fi capability are to be allowed in possession. Security Group
can provide further advice on threats to prison security presented by games consoles.
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11
11.1
All 18 rated (or equivalent) DVDs should have been removed from prisoners by 14 May
2013. These are not permitted to be viewed, held in possession or handed in to or ordered
by any prisoner. Unrated DVDs (save for unrated DVDs for corporate use such as those
shown to prisoners by the Chaplaincy/Education staff to prisoners) must also not be
viewed, held in possession, handed in to or ordered by any prisoner.
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12
12.1
Release on Temporary Licence (ROTL) for the purpose of making local visits must not be
offered as an earnable privilege.
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13
13.1
The IEP scheme must include a range of earnable privileges to incentivise appropriate
commitment to rehabilitation and good conduct by all prisoners including those who are
elderly, disabled or who have other special needs. To the extent possible published
schemes should be applicable to all prisoners but bespoke alternatives may be required to
provide for special needs and this should be made clear in the published scheme.
13.2
IEP schemes must be inclusive and take account of equality considerations relating to any
of the Protected Characteristics which are:
Age;
Disability;
Gender identity;
Marriage/civil partnership;
Pregnancy/maternity;
Race,
Religion/belief;
Sex
Sexual orientation.
13.3
Governors must ensure local schemes offer a range of earnable privileges so that all
prisoners can receive equal benefit in return for positive behaviour. For example, if
additional gym sessions are offered as an earnable privilege, there must be an alternative
for prisoners who are physically unable to benefit. The design of the scheme must also
ensure equitable treatment for prisoners located in particular units. For example, for their
own protection, or as part of their residence on a drug recovery or drug-free wing.
13.4
It must also be possible for all prisoners to earn Enhanced level with a similar degree of
effort. For example, as taking part in work contributes to earning Enhanced status for
convicted prisoners, there must be comparable ways for older and unconvicted prisoners to
earn that status.
13.5
Moving prisoners between IEP levels involves individual staff judgement in interpreting
compliance with the requirements set out elsewhere in this PSI. Prisons must ensure that
the IEP scheme is applied proportionately and fairly to all prisoners. Decisions affecting IEP
levels must be properly documented using P-NOMIS (or where P-NOMIS is not available
on other systems), and diversity outcomes monitored.
13.6
Governors must ensure that published procedures are in place for earning and losing
privileges that are in line with the guidance set out in this PSI. Staff must ensure that
provision is made for those who have difficulty reading or speaking English, regardless of
nationality, to enable them to understand the operation of the IEP scheme.
13.7
Governors must ensure a sample of IEP review decisions are quality assured on a monthly
basis to determine fairness, consistency and proper application of the IEP levels. The
sample size for quality assurance must be determined by the Governor on the basis of an
assessment of the IEP data and the results of previous checks. To assist with the review a
checklist of issues to consider is attached at Annex H. IEP data must be produced quarterly
for the Senior Management Team and any apparent imbalance in the distribution of
privilege levels investigated. Establishments must review their IEP scheme annually to
ensure relevance to their local aims and population, including groups with different
protected characteristics. Where a persistent imbalance in the outcomes for groups with
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different protected characteristics is discovered, Governors must ensure that the scheme is
revised to include an action plan setting out how this will be further investigated, what
remedial action will be taken and how progress will be monitored over the following year.
13.8
Prisons must ensure that, where a convicted prisoner would normally be required to wear
prison issue clothing, adequate provision is made for prisoners for whom the standard
prison issue clothing is unsuitable e.g. because of a disability or where a transsexual
prisoner requires items to maintain their gender appearance.
13.9
Governors must ensure that their IEP scheme does not penalise behaviour which is the
direct consequence of a protected characteristic such as disability or age. PSI 32/2011
Ensuring Equality provides guidance. Flexibility should be applied to deal with individual
circumstances, such as prisoners with learning difficulties, where expectations may need to
be tempered by what is realistically achievable and an understanding of characteristics
which influence an offender's behaviour. Whilst it is the expectation that offenders
demonstrate good behaviour, it should be recognised that some conditions, for example
autism, can on occasion lead to challenging behaviour. Reasonable adjustments must be
made for prisoners whose disability falls within the scope of the Equalities Act. Prisoners
who are willing to engage with the regime so far as they are able but who are confined to
their cells during the working day will continue to have access to in-cell television.
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14
Unconvicted prisoners
14.1
14.2
Unconvicted prisoners have not been found guilty of an offence and their time in prison
should not be seen as punitive. For this reason, they hold certain rights under Prison Rules.
For example, they are not required to engage in sentencing planning discussions or work,
but may choose to do so where sufficient work is available. They are, however, required to
comply with the regime and should be encouraged to take part in activities. If they refuse to
participate, they may be locked up while the activity is taking place. If no work or activity is
available, they may be unlocked and allowed to associate where operationally possible.
They may receive as many visits as they wish within reasonable limits and are not required
to wear prison issue clothing.
14.3
The Entry level IEP scheme will apply to unconvicted prisoners subject to the caveats
above.
Immigration Detainees
14.4
Immigration detainees including those held solely on an IS91 must be treated in the same
way as unconvicted prisoners.
Prisoners covered by Prison Rule 7(3), (contempt of court), are generally treated as
convicted prisoners with the exception of clothing, letters and visits where they are treated
the same as an unconvicted prisoner.
Foreign national prisoners may be more likely to have friends and families that live outside
of the UK and may be more likely to value extra and more flexibly timed opportunities to
make telephone calls (including long distance), rather than visits. This applies equally to
UK citizens with relatives abroad. Governors should consider such needs when designing
local schemes.
Governors must ensure that their local IEP scheme considers the needs of prisoners who
are vulnerable or at risk of suicide or self-harm. All decisions, including the withdrawal of
privileges, should be considered on a case by case basis and, where necessary, alongside
ACCT or any other process that supports vulnerability. Prisoners who are vulnerable and
who are on Basic level may be allowed in-cell TV if the Governor deems it appropriate to
reduce their risk.
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15
15.1
Where a prisoner is transferred and received into custody at the new site using the Receive
HMP Transfers screen (OIDITRAN) of P-NOMIS, the system will automatically default their
IEP level to the default level set up at the receiving prison. If the prisoner is admitted to the
receiving prison using the Receive Offender screen (OIDADMIS), there is no automatic IEP
Level assigned at the receiving prison. To ensure prisoners retain the privilege level they
were on at the sending establishment, staff must check previous history and amend the
status field accordingly. Transferred prisoners should be assessed within two weeks
(wherever possible) after arrival to ensure they have been placed on the appropriate
privilege level.
15.2
Transferred prisoners may find that the actual privileges available at Basic, Entry, Standard
and Enhanced are different in some respects from their previous establishment but access
to the six key earnable privileges should be made available. Where a prisoner is
transferred during the Entry level stage, the review must be conducted at day 14
irrespective of the transfer (unless the review has been suspended owing to a prisoner
being placed on Basic). Where the receiving prison has insufficient information to
complete a meaningful review they should liaise with the sending establishment to fill any
information gaps.
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16
Monitoring
16.1
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Is the scheme consistent with the national framework and approved and signed by
the Deputy Director of Custody?
Does the scheme incentivise prisoners to seek to engage in their rehabilitation;
Does the scheme meet local aims and address local problems (e.g. violence,
drugs)? What impact has it had on prisoner behaviour, and on staff? Are any
changes necessary?
Are the methods of informing new receptions and prisoners on Induction of the
scheme effective, including for those who have difficulty reading or understanding
English?
Are the four privilege levels sufficiently differentiated?
Are prisoners able to make representations? Are decisions properly recorded and
reasons given to prisoners? Are prisoners aware of the appeal process?
Do all relevant staff contribute to decision making, submitting reports that are
consistent with the scheme and make sound recommendations?
Does the scheme encompass the cultural and diverse needs of the local prisoner
population?
Are the figures provided by those responsible for collecting and scrutinising
equalities monitoring data for all prisoners considered and acted upon?
Are the needs of disabled prisoners considered and monitored? (see PSI 32/2011)
Is the scheme fully integrated into, and compatible with, the rest of the regime (e.g.,
OASys and sentence planning, compacts), but separate from the disciplinary
system?
Is there an auditable system in place and are management checks carried out and
recorded?
What is the role of Senior Management in monitoring the scheme?
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17
Changes to P- NOMIS
17.1
To assist staff in implementing the requirements of the revised IEP scheme, a number of
changes have been made to the P-NOMIS system. The guides will be stored in the PrisonNOMIS Guidance part of the Help and Support section on the Intranet front page. User's
can type What's New Prison-NOMIS into the search box at the top of the Intranet page to
locate the documents.
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Annex A
Incentives & Earned Privileges Scheme Prisoner Compact
Name:
Number
:
By signing this compact, I accept that I have read and understood the IEP Criteria of Requirements
for Progression and have had the opportunity to ask questions. I also understand that:
a:
In order to progress through the IEP scheme, I must abide by all aspects of the IEP Criteria
of Requirements for Progression;
b:
c:
If I do not abide by the Entry level requirements including the Behavioural Expectations of
the IEP Criteria of Requirements for Progression at any point during the first 14 days in
custody, I may be moved to Basic level. Where it is determined that I can progress from
Basic level, I will then have to complete afresh 14 days on Entry level;
d:
If I do abide by the Entry level requirements including the Behavioural Expectations of the
IEP Criteria of Requirements for Progression, I will move to Standard level at the end of
the 14 day period. The review of my performance will be automatic on completion of the 14
day period.
e*:
If I am not required to complete Entry level and I am on Basic I will have to abide by the
requirements on Basic level before I can progress to Standard level.
f:
If I am moved to Standard level I may apply for Enhanced level after three months.
g:
Prisoner Signature:
Date:
Staff Name:
Staff Signature:
* Part e above only applies to existing convicted prisoners who are in custody prior to 1
November 2013.
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Annex B
Incentives & Earned Privileges Scheme Criteria of Requirements for Progression
A. Rehabilitation, Reducing Risk and Good Behaviour
Under the revised Incentives and Earned Privileges (IEP) Scheme, prisoners are expected to
demonstrate a commitment towards their rehabilitation, engage in purposeful activity (for example,
attend work and / or education and recovery focused interventions and services), reduce their risk
of reoffending and be well behaved.
The criteria must be used by all prisons and the Behavioural Expectations section immediately
below is applicable to all prisoners. The criteria for movement between the IEP levels are set out
at Section B below. Governors must ensure that the specific statutory protections afforded to
unconvicted prisoners, such as the right not to work and the right not to wear prison clothing are
complied with. PSO 4600 sets out further information on the rights of unconvicted prisoners.
Behavioural Expectations
Treating others in the prison with respect, avoiding violent, intimidating, threatening and
abusive language and behaviour;
Behaving in a way that respects the diversity of others in the prison;
Acting with decency at all times remembering prisons/cells are not private dwellings (this
includes not engaging in sexual activity);
Maintaining awareness of the effect of noise on others and keeping noise to an acceptable
level;
Co-operating with staff in the performance of their duties including complying with orders
and requests;
Behaving honestly and openly with staff, other prisoners and visitors to the prison in a way
that promotes trust and integrity.
Complying with prison compacts, rules and regulations;
Making sure you only have items to which you are allowed access;
Following all the requirements of the prisons safer custody and violence reduction policies,
avoiding trafficking or taking items from other prisoners;
Co-operation with drug and alcohol testing policies;
Avoid selling and trading items, taxing or gambling;
Staying within designated boundaries;
Having due regard for personal hygiene and health (including appearance, neatness and
suitability of clothing);
Maintaining the cleanliness of cell/prison/equipment;
Respecting prison property and that belonging to others;
Complying with fire safety procedures, including rules governing smoking;
Demonstrating a willingness to build good relationships with other prisoners;
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However, where a prisoner has been regressed to Basic through non-compliance with Entry level
and where they are now ready for progression, they must successfully complete the full 14 days
Entry afresh before being moved to Standard.
In addition, an unconvicted prisoner on Basic IEP level, who is subsequently convicted on or after
1 November 2013, will, once ready to move up, be required to successfully complete Entry level
(regardless of any previous completion of Entry level as an unconvicted prisoner), before they can
be progressed to Standard.
Entry Level
All new prisoners, including those on remand, newly convicted or recalled to prison following
licence revocation, received into custody on or after 1 November 2013 will enter custody on the
Entry level of the new IEP Scheme.
Unconvicted prisoners in prison custody who are subsequently convicted on or after 1 November
2013 must revert to the Entry level on the date of their conviction, unless they are currently on
Basic. If the prisoner is on Basic when they are convicted they must first demonstrate they are
suitable for progression before moving onto Entry level. All newly convicted prisoners must
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complete the full 14 days on Entry level afresh, regardless of whether they have done so before as
an unconvicted prisoner.
However, existing prisoners and recalled prisoners will not necessarily need to complete all of the
requirements listed below and it will be for staff to decide which elements are applicable. For
example, where a remand prisoner has been in the prison for a significant period of time before
they are convicted, the induction process may not be necessary.
In addition to the behaviours set out in section A above, Entry Level prisoners are expected to:
Following the 14 day Entry level period, progression to Standard level will depend on the
successful completion of the required activities stated immediately above combined with an
assessment of behaviour as detailed in section A above.
Where a prisoner has failed to complete the required activities and/or where their behaviour is
assessed as not meeting required standards, they will be downgraded to Basic level, unless the
lack of compliance was through no fault of their own, for example, they were unable to complete
the induction process because the prison regime was curtailed.
An immediate IEP review should be undertaken for serious single incidents of bad behaviour, for
example such incidents that were serious enough to lead to an adjudication for an offence
involving violence, drugs, possession of a mobile phone, abscond or possession of a weapon with
the strong presumption that such incidents would lead to downgrade unless there were compelling
reasons maintain the current privilege level.
Standard Level
Standard level of the IEP scheme is for all prisoners who have successfully completed the Entry
level requirements and those who are considered to be meeting rehabilitation expectations,
participating in the regime and behaving well.
In addition to the behaviours set out in section A above, prisoners on this level are expected to:
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Where appropriate, be willing to attend and engage in purposeful activity such as education
/ work and where appropriate seek to obtain qualifications;
Engage and co-operate with drug and alcohol assessments, drug and alcohol testing and
identified recovery focused interventions/services;
Actively seek to engage with treatment assessments/programmes (excluding self referral);
Unless the Governor has decided to allow Standard level prisoners to wear their own
clothes, wear prison issue clothing, unless permitted not to do so for reasons related to a
protected characteristic, such as religious belief or disability;
Engage and co-operate with the prison regime by attending activities as required, by
following orders and instructions from staff and completing any other additional
requirements imposed by the Governor.
An immediate IEP review should be undertaken for serious single incidents of bad behaviour, for
example such incidents that were serious enough to lead to an adjudication for an offence
involving violence, drugs, possession of a mobile phone, abscond or possession of a weapon, with
the strong presumption that such incidents would lead to downgrade unless there were compelling
reasons to maintain the current privilege level.
Enhanced Level
The Enhanced level of IEP Scheme is reserved for those prisoners who have demonstrated, for a
minimum period of 3 months, that they are fully committed to their rehabilitation, seeking to reduce
their risk of reoffending, complying with the regime and meeting the behaviour criteria (section A).
In addition, Enhanced level prisoners must demonstrate a willingness to help other prisoners or
staff, for example, acting as Listener, Recovery Champion or mentoring other prisoners. It is for
the Governor to determine what activities enable prisoners to demonstrate that they have helped
others or given something back for a sufficient period to be able to earn Enhanced status. A
prisoner must not be elevated to Enhanced status without meeting this requirement.
In addition to the behaviours set out in section A above, to reach and remain on Enhanced status,
prisoners must:
An immediate IEP review should be undertaken for serious single incidents of bad behaviour, for
example such incidents that were serious enough to lead to an adjudication for an offence
involving violence, drugs, possession of a mobile phone, abscond or possession of a weapon with
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the strong presumption that such incidents would lead to downgrade unless there were compelling
reasons to maintain the current privilege level.
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Annex C
IEP Scheme Entry Level - 14 Day Assessment Checklist
The Entry Level 14 Day Assessment Checklist is to be used to assess a prisoners suitability to move onto
the Standard level of the IEP scheme. This assessment tool is not applicable to assess a prisoners
suitability to move from Standard to Enhanced or Basic to Entry. When completing this assessment,
please refer to the Criteria of Requirements for Progression. Governors may include additional requirements
not already listed (see overleaf).
Yes
No
Mitigation.
Where the prisoner has not complied, but where there are
mitigating factors including no fault of the prisoner, an entry
must be made in Mitigation column and this should be taken
into consideration before a final decision is made.
STANDARD
BASIC
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Additional Information
Criteria
(Please use all available evidence to confirm whether the
prisoner has met the accepted criteria for progression to
Standard level.
Yes
No
Mitigation.
Where the prisoner has not complied, but where there are
mitigating factors including no fault of the prisoner, an entry
must be made in Mitigation column and this should be taken
into consideration before a final decision is made.
IEP Decision:
STANDARD
BASIC
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Annex D
Managing prisoners who deny their offence IEP and Sentence Planning
Background
1.
NOMS must accept the verdicts of the courts and, hence, it follows that convicted prisoners
have to be treated as being guilty of the offence (with some allowances made for those who are
appealing (see paragraph 5 below).
2.
It is reasonable for NOMS to expect prisoners to address their offending and to offer
incentives for them to do so.
3.
4.
Although the guidance below is specific to sex offenders, the same principles can be
applied to all sentenced prisoners who are involved in the sentence planning process but also in
denial of their offence.
Definition of Appellant status
5.
For the purposes of the IEP scheme, an appellant can be defined as someone whose
conviction is the subject of review by a higher court. In most cases, since the conviction would be
by a Crown Court, the appeal would be heard by the Court of Appeal. However, if the conviction is
by a Magistrates Court the appeal may be heard by the Crown Court. An appeal can reach the
relevant Court by two means:
8.
First an appeal against the finding of guilt immediately following the conviction itself
or;
Second, having had that appeal dismissed, by having their case referred to the
Court of Appeal via the Criminal Cases Review Commission (CCRC).
6.
In order to prove appellant status, the offender must be able to produce evidence from the
Crown Court or Criminal Appeals Office showing that their case is pending before the
Court. This should normally be in the form of a criminal appeal number.
7.
An appeal can be taken after this process to the Supreme Court and therefore, a prisoner
at that stage would also need to be treated as an appellant. However, by having the CCRC
examine their conviction does not mean a prisoner becomes an appellant. This is because
the CCRC has no power to overturn, or modify, any conviction.
Where the prisoner is recognised as an appellant (as defined in paragraph 5), their refusal
to abide by any offending behaviour targets cannot be detrimental to their IEP status i.e. refusal
cannot be an automatic barrier to gaining Enhanced status. All cases should be considered
independently.
Sex Offenders who do not admit to their offence
9.
The following differentials can be made between three types of sex offender in terms of
their stance on their guilt. There are:
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10.
11.
(3) those that deny their guilt but are not appealing (including those who have had
an appeal refused).
Only the second group (appellants in denial) should be treated as set out in paragraphs 5
and 6.
A distinction can be made between:
12.
A convicted sexual offender who denies their offence is eligible for assessment as a high
risk of sexual offending, but not ready for SOTP. This is because SOTP requires analysis of
the lead up to offences (suitability assessment). All men with a sexual conviction or a
conviction in a sexual context are eligible for SOTP assessment.
Assessment of eligibility
13.
It is recommended that all sex offenders, with the exception of appellants, first be assessed
using a specialist assessment tool such as Risk Matrix 2000, to determine their static risk of sexual
reoffending.
14.
If, following that assessment, the offender is assessed as being low static risk, they may
also require full assessment of dynamic treatment need (using the SARN Treatment Needs
Analysis or Risk and Success Factors Analysis framework). Ideally, the prisoner should not be
moved between prisons in order to have these assessments. The procedure for ISP is modified
and advice should be sought from either Interventions Unit or the Regional Psychologist.
15.
If assessments of both static and dynamic risk show the offender to be low risk, they are
not likely to be suitable for any accredited programmes. Activities with these offenders are likely to
focus on identifying and supporting protective factors, and addressing resettlement needs such as
education, training or employment and housing. If the offender fails to engage with the objectives in
their sentence plan, this is likely to prevent them from obtaining Standard and Enhanced status.
Assessment of suitability and readiness
16.
17.
At this point, if an offender is judged to be suitable and ready, the Treatment Manager will
advise the sentence planning team that engagement with the relevant programme should be listed
as a sequenced target.
18.
If an offender is judged to be suitable but not ready, the Treatment Manager will advise the
sentence planning team of the reasons. If the reasons are other than denial (e.g. insufficient
competence with the English language, low IQ, psychopathy), the Treatment Manager and
Offender Supervisor can set interim objectives to help the offender get ready. While doing so, the
sentence planning target to undertake the relevant programme should be re-set as a future
objective.
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19.
A future objective (such as SOTP) is one which remains dormant on the sentence plan
while the offender addresses issues suitable to readiness and other identified issues.
Notwithstanding the SOTP objective, prisoners may have other targets in their sentence plan which
they will have to work towards achieving.
20.
Where the offender is not ready due to denial, and there are no other relevant objectives,
the SOTP target should remain. In this case, the prisoners refusal to undertake SOTP will prevent
him from obtaining Enhanced regime status as the prisoner will not be engaging with their
rehabilitation or reducing the risk of their reoffending. Depending on the outcome of a full review
taking account of the prisoners performance and behaviour, it may also prevent them obtaining
Standard regime status.
When SOTP cannot be made available
21.
There may be occasions where a prisoner is temporarily unable to move to a prison that
offers the relevant programme (e.g. for operational reasons such as overcrowding or other
restrictions). On such occasions, the sentence plan target to undertake SOTP can be resequenced as a future objective until such time as SOTP can be made available. This can only be
done where the cause lies with NOMS rather than the offender.
Communicating with prisoners
22.
When discussing SOTP as a sentence plan objective with offenders, the Offender
Supervisor, Programmes Manager, Treatment Manager or Facilitator should explain the process
clearly and define expectations from the outset.
PSI 30/2013
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Annex E
IN-CELL TELEVISION
1
In-cell television will be allowed as a privilege for all prisoners on the Entry, Standard and
Enhanced levels. Prisoners on Basic will not be allowed in-cell television. Exemptions are
as follows:
Severely disabled prisoners and those in healthcare facilities, either unable to reach
association rooms or judged to need the mental stimulus of TV, should be allowed in-cell
TV on a case by case basis irrespective of privilege level, and where appropriate free of
charge;
All prisoners considered to be at risk of self-harm/suicide may be considered for incell TV irrespective of privilege level on a case-by-case basis.
Prisoners in reception/induction/first night units may have access to in-cell television
free of charge.
2
Where operationally possible, TVs will be taken away or disabled during periods when
prisoners should be at work, education, engaged in activities to reduce reoffending or other
activities as directed.
NOMS will provide a standard basic colour TV with remote and manual controls.
Governors may withhold the issue of remote controls if they are considered inappropriate
for their establishment. Prisoners may rent these sets for a standard weekly charge and
are required to sign a compact which sets out the terms under which sets will be rented and
the consequences for the prisoner if the compact is breached. A model compact is attached
at the end of this Annex.
Each prisoner using the set must sign the compact. If they refuse to sign they must not be
allowed a TV.
Censorship
5
Governors have discretion to prohibit the showing of any material they consider unsuitable,
taking account of the age of the prisoner and any other local factors. Governors also have
the authority to remove sets in individual cases if in-cell TV appears to be damaging a
prisoners treatment or increasing the risk to the public on release. Control over noise levels
is a matter for local decision.
Methods of restricting viewing will depend on local circumstances, but ways of achieving
this include denying reception through controls on aerials or by having TV sets on a central
or separate circuit breaker than that used for lighting.
Charging
7
All TVs in public sector prisons are to be Prison Service owned and their costs will be
recovered from prisoners. No other charges are to be made to cover other expenditure,
e.g. electricity, or administration. All establishments are required to recover from prisoners a
1 per week, or part week, rental charge for each set. The charge, which includes VAT, is
per set, not per prisoner, and should be recovered from the prisoners spends account.
Prisoners in multi-occupancy cells will normally be expected to contribute equally to the
cost of renting the set. This charge may be varied from time to time by issue of an
instruction from NOMS.
PSI 30/2013
30/01/2015
UPDATE ISSUED
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expected level of income in relation to in-cell TV receipts must be recorded as part of the
initial budget requirement.
Licensing
9
Information on the licensing requirements for televisions outside cells is set out in PSI
23/2011 Licenses for DVD/Video Films, Music and Television in Prisons.
Forfeiture of TVs
10
In-cell TV is a forfeitable privilege and can therefore be withdrawn for any of the following
reasons:
If a prisoner is demoted to a privilege level where TV is not available;
Where loss of the privilege of TV has been imposed as a punishment following an
adjudication;
For breach of the compact governing the rental of a TV;
For security reasons and reasons of good order and discipline;
For administrative reasons e.g. where the presence of a TV is considered to be
detrimental to a prisoners behaviour or treatment in the establishment or their
eventual release into the community;
Where a prisoner is found to be guilty on adjudication of deliberately damaging a
TV, and where the adjudicator has made an award for the recovery of monies for
the damage then the TV can be withheld from the prisoner until such time as the
debt is recovered. Governors must ensure that they are not impacting on any
innocent partys ability to watch TV e.g. where the perpetrator shares a cell with
another prisoner who is willing to engage in the regime.
Channel selection
11
The system provided for digital broadcasting provides prisoners with nine free-to-view
channels. The standard package of nine channels provided at installation is: BBC1, BBC2,
ITV1, Channel 4, Channel 5, ITV3, VIVA, Film 4 and ITV4 (in most prisons, following Sky
News Sport ceasing to be a freeview channel, but E4 instead of ITV4 in female prisons).
12
Governors may change this selection locally but will be responsible for any costs incurred
and only a maximum of nine free-to-view channels may be provided in both public sector
and contracted out prisons. It is the Governors responsibility to ensure that any channel
chosen is suitable for viewing with regard to the population of their prison. In Welsh prisons
for example Governors may, in consultation with their prisons population, replace one of the
channels with a Welsh language channel.
13
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PSI 30/2013
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Damage to TVs
If on adjudication you are found guilty of damaging your television, you will normally be ordered to
pay for some or all of the damage caused and the Governor will recover the money directly from
your prison financial accounts. A replacement TV may be withheld from you until such time as the
debt has been recovered.
PRISONERS AGREEMENT
I hereby agree to the above terms and conditions relating to this compact and authorise the
deduction of [1.00] per week, or part thereof, from my spend account until I give 7 days notice that
this should cease. I understand that if I break the conditions of this compact this may result in the
removal of the TV set from my cell.
Name(s)
Prison number(s)
Location
Incentives level
(*delete as appropriate) I have read*/I have had the above read to me* and I understand the
content
Signed......................................................
For identification purposes only
TV seal number (1 seal)...........................(staff use only)
Remote Control seal number....................(staff use only)
PSI 30/2013
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Annex F
GENERIC FACILITY LIST
Introduction
Generic Facilities List
Appendix A
Games Consoles
Appendix B
Hobbies
Appendix C
Religious Practice
Appendix D
Volumetric Control
Appendix E
Un-convicted Prisoners
Introduction
The Generic Facility List provides the list and limits of items that each prisoner will be allowed. The
list is available for each Governor to select from, as considered suitable for the specific population,
the physical fabric and the regime of the prison. Where items are selected and where they appear
at more than one level they must be allowed at the levels specified unless the Deputy Director of
Custody has authorised an exemption. Books must be selected by Governors for inclusion in local
facilities lists.
The Generic list has columns entitled Approved Source of Entry and Reason for Restriction to help
staff and prisoners understand the allowed routes of entry of selected items. Prisons must complete
the Approved Source of Entry column and add to the Reason for Restriction column if necessary.
Books are not included within the category of items which under this paragraph cannot be
sent or brought into prisons. For the revised policy on the sending or handing in of books by
families and friends, which applies from 31 January 2015, please see Annex I. To ensure that
the IEP scheme is not undermined the general presumption will be that items for prisoners will not be
handed in or sent in by their friends or families unless there are exceptional circumstances. Governors
have discretion to determine what constitutes exceptional circumstances; this could include for
example disability/health aids or an artefact for religious observance, stamped-addressed envelopes
so as to facilitate a prisoners ability to communicate or where there is a need to replace clothing due
to restricted access to laundry facilities. In determining whether other exceptions are justified
Governors should consider the impact on their IEP scheme, the potential risk to security
associated with smuggling contraband and whether they have sufficient resources to examine
resources to examine and search the incoming property.
Governors also have discretion to allow a one-off parcel of clothing to be handed in or sent in
following conviction. In addition, in accordance with Prison Rule 23 unconvicted prisoners must
be allowed to have sufficient clean clothing sent in to them from outside the prison (whether
through visits, by post or other means). Prison Rule 43 also provides for unconvicted prisoners to
have supplied to them at their own expense, writing materials. Therefore, unconvicted prisoners
are not subject to the same one-off parcel restriction that applies to convicted prisoners, nor are
they subject to the exceptional circumstances test referred to above in respect of stampedaddressed envelopes. However, in accordance with volumetric control limits and the need to
reduce the amount of excess property within the system it may be reasonable to refuse to deliver
to an unconvicted prisoner additional clothing if this results in other suitable clothing being placed
in storage as this may indicate that the additional clothing is over and above what is sufficient.
When completing the columns in the facility list staff must also consider the contents of PSI 12/2011
and PSI 23/2013, specifically the following extracts:
Purchasing Items
PSI 30/2013
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PSI 23/2013 Para 2.3 - All products included on the National Product List must only be
purchased from the agreed contractor and cannot be purchased from any other source.
Exemptions are not permitted for buying differing sizes, brands, colours, or any other product
detail, where a suitable product is available on the NPL.
PSI 23/2013 Para 7.1 - Specialist products including music CDs, DVDs, an extended range
of products suitable for vegans, an extended range of religious items, electronic games, electronic
equipment, clothing, footwear, books, mother and baby requirements, and cosmetics may, at the
discretion of the establishment and subject to the Incentives and Earned Privileges Scheme, be
purchased by prisoners for their own use, through catalogue suppliers. This may not include any
item which is on the NPL, as these can only be purchased from the agreed contractor. Exemptions
are not permitted for buying differing sizes, brands, colours, or any other product detail, where a
suitable product is available on the NPL.
PSI 23/2013 Para 7.2 - Transsexual prisoners must be allowed access to catalogues and
specialist products including clothing and cosmetics.
PSI 12/2011 Para 2.70 - Prisoners may be permitted to order items through mail
order from the agreed contractor in compliance with regulations detailed in PSI 23/2013
provided they are within the volumetric control limits, the item is appropriate to their IEP
level, is consistent with the local facilities list and does not compromise the good order or
discipline of the establishment. Prison Rule 44(4) gives Governors the discretion to restrict
this practice in respect of convicted prisoners on a case by case basis if it would result in a
prisoner exceeding their volumetric control limit or having to place property in storage in
order to accommodate the purchased item.
Staff should also be aware of the following paragraphs when considering whether to allow items
that are exceptional allowed to be sent in or handed in to be given to convicted prisoners.
PSI 12/2011 Para 2.65 - Prison Rule 44(4) which applies to convicted prisoners only, gives
Governors the discretion as to whether articles sent in by post courier or the PRS shall be given to
convicted prisoners for retention in-possession, placed in storage or returned to the sender. If the
sender is unknown and the prisoner does not want to keep the property, then rule 44(4) enables it
to be sold or otherwise disposed of and the proceeds paid to NACRO.
PSI 12/2011 Para 2.66 - In exercising this discretion Governors should consider the amount
of property a convicted prisoner already has in storage. It may be a requirement to return property
to the sender if the items would otherwise result in the convicted prisoner adding to an already
excessive amount of stored property for example, if the prisoner needs to place items in store in
order to keep their in possession property within volumetric control limits. It would also be good
practice to monitor orders placed by convicted prisoners through the Prison Shop or retail outlets in
conjunction with individual in possession property levels therefore enabling restrictions to be
enforced before orders are submitted.
PSI 12/2011 Para 2.68 - Convicted prisoners must be allowed to hand out property
through social visits. Governors should make every effort to encourage prisoners to reduce levels
of property held locally and/or nationally due to the space constraints currently faced locally by
many establishments and nationally by NDC Branston.
All personal property brought into the prison, particularly if held in possession, is held at the prisoners
own risk and establishments will not accept liability for the loss of or damage to that property unless
resulting from the establishments proven negligence.
PSI 30/2013
30/01/2015
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It must be borne in mind by prisoners that they will not be able to control or supervise such items at all
times and the Agency cannot guarantee the security of items left in cells or other accommodation.
Prisoners must be advised not to keep in possession particularly valuable property and they are
strongly advised not to have in their possession property worth more than 100.
All items retained in possession other than consumable/disposable items should be signed for as in
possession on property cards.
Prisoners should be required to sign during Reception/Induction to say that they understand and
accept the terms on which they hold items in possession.
The local facility list should be displayed for prisoners information in the following areas:
Reception
Residential Units
Library
Anything which may pose a threat to the security of the prison may be stopped. This may include
items which are difficult to search and which may be used to conceal illicit articles.
Prisons with recognised wing kitchens will have the additional facility of ordering food from the
approved list.
All electrical items must be PAT tested prior to issue.
All prisoners property, including consumables, must be subject to Volumetric Control. This
must be strictly adhered to unless otherwise exempted.
PSI 30/2013
30/01/2015
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PAGE 48
CLOTHING
The special status of unconvicted prisoners means different rules apply (reference PSO
4600 and PSI 12/2011 and APPENDIX E of Annex F of this PSI)
Due regard must be given to equality and the care and management of
transsexual prisoners (PSI 07/2011 and PSI 32/2011 refer).
All clothing must meet basic standards of modesty and decency.
Certain items of clothing are NOT permitted:
o
o
o
o
o
o
o
Items specifically required for babies are not listed. Additional items for babies and nursing
mothers will be at the discretion of the policy of the local Mother and Baby Unit.
All cosmetics, including make-up, will be counted as consumable items and not listed. These
items will still be subject to Volumetric Control.
PSI 30/2013
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GENERIC FACILITIES
Volumetric control must be strictly adhered to. Some items are outside of this limit and are
listed as exemptions in the Annexes below. PSI 12/2011 Prisoners Property refers
Item
Approved Source
of Entry
Eligible
Prisoners
(IEP Level)
Remarks
Reason for
restriction
R = Reception
PI = Prison Issue
PS=Prison Shop
Cat=Catalogue
Radio and/or sound system
i.e. Compact disc
player/cassette/ combined
system (no MP3, MP4 or
IPods, for example).
Detachable speakers
allowed. If the system has a
built in MP3 / IPOD docking
station it must be disabled
/blocked with tamper proof
seals. Items powered solely
via a USB port will not be
allowed.
All
Cassette tapes
Compact Discs
All
Earpiece/Headphones
All
CD Storage Case
All
Enhanced
PSI 30/2013
30/01/2015
S:Security
IEP:Incentive
Level
H&S: Health
and Safety
S
IEP
H&S
IEP
IEP
S
IEP
IEP
S
UPDATE ISSUED
PAGE 50
Item
Approved Source
of Entry
Eligible
Prisoners
(IEP Level)
Remarks
R = Reception
PI = Prison Issue
PS=Prison Shop
Cat=Catalogue
Reason for
restriction
S:Security
IEP:Incentive
Level
H&S: Health
and Safety
Enhanced
Enhanced
Enhanced
All
All
Batteries
All
All
All
All
IEP
IEP
Subject to
volumetric control
Enhanced
Calculator
Way adapter
Subject to
volumetric control.
IEP
IEP
Battery operated
only.
No wall mounted
types. No digital
Not
programmable
printout type.
Battery operated
only
One set in use
plus one spare
set. Batteries
must fit
equipment holder
(No
Rechargeable)
IEP
S
Only in
establishments
with the
supporting
electrical supply
No Data Facility
IEP
IEP
S
IEP
S
IEP
S
No Data Facility
IEP
S
UPDATE ISSUED
PAGE 51
Item
Approved Source
of Entry
Eligible
Prisoners
(IEP Level)
Remarks
Reason for
restriction
R = Reception
PI = Prison Issue
PS=Prison Shop
Cat=Catalogue
S:Security
IEP:Incentive
Level
H&S: Health
and Safety
All
All
Slippers
All
Lower Garments
Enhanced
Standard
Trousers
Skirts
Jeans
Tracksuit trousers
Leggings
Upper Garments
Jacket / Coat
Combination of 9
items
IEP
IEP
H&S
IEP
Enhanced
Standard
Max 15 items
No hoods
No offensive
slogans, football
teams, countries
IEP
Enhanced
Standard
Enhanced
Standard
Max 3
IEP
Max 1
Not padded,
quilted.
No hoods
No offensive
slogans
Not black
Max 3 pairs
For gym or
association use
only.
No football teams/
countries,
offensive slogans
Max 10 pairs.
IEP
S
Shorts
All
Socks/Tights
All
PSI 30/2013
30/01/2015
IEP
No black items
permitted, with
the exception of
leggings.
Sweatshirts
Jumpers
Cardigans
Shirts/blouses
T-shirts
Vests
Dresses
IEP
IEP
UPDATE ISSUED
PAGE 52
Item
Approved Source
of Entry
Eligible
Prisoners
(IEP Level)
Remarks
Reason for
restriction
R = Reception
PI = Prison Issue
PS=Prison Shop
Cat=Catalogue
S:Security
IEP:Incentive
Level
H&S: Health
and Safety
Plain no
offensive slogans
Underwear
All
Belt
All
Dressing Gown
Pyjamas/nightwear
All
All
Hat
All
All
Wedding ring
All
Signet Ring
All
Earring/Stud/small sleeper
for ears and body piercing
All
Chain
No medallions.
Can have attached religious
symbols.
Rheumatism Band
Wristwatch/Pocket Watch
All
Painting Canvas
Painting Brushes
Modelling Matches
PSI 30/2013
30/01/2015
Subject to
volumetric control.
Plain no
offensive slogans.
Max 2, no large
buckles.
Max 3 items/sets
IEP
IEP
IEP
IEP
Max 1
Must not:
-cover the face
-be of officer
uniform type
-peak cap
-have side flaps
that cover any
part of the head
-be lined, padded,
quilted.
Max 1 set of
gloves and 1
scarf.
No raised
patterns/stones.
No raised
patterns/stones.
Max 1 per
piercing as worn
on initial reception
Max 1
Lightweight 24
IEP
S
IEP
IEP
S
Enhanced
Standard
Max 1
Can include
alarm.
No data storage
No taping facility.
No digital, TV,
mobile phone
By Governors
application only.
Enhanced
Standard
Enhanced
Standard
Pencil type
bristles only
Kits with metal
hinges are
IEP
All
All
IEP
IEP
H&S
IEP
H&S
IEP
IEP
IEP
IEP
UPDATE ISSUED
PAGE 53
Item
Approved Source
of Entry
Eligible
Prisoners
(IEP Level)
Remarks
R = Reception
PI = Prison Issue
PS=Prison Shop
Cat=Catalogue
Reason for
restriction
S:Security
IEP:Incentive
Level
H&S: Health
and Safety
permitted.
Match Cutter
Sandpaper
Enhanced
Standard
Enhanced
Standard
IEP
Must be linked to
a hobby and be
strictly controlled
S
IEP
Knitting/sewing/embroidery
kits
Enhanced
Standard
Enhanced
Standard
By application.
Acoustic Only
IEP
Guitar Strings
Enhanced
Standard
IEP
S
Enhanced
Standard
By application.
Nylon, metalcoiled and full
metal strings
permitted. Issued
on a one-for-one
basis subject to a
local risk
assessment.
Self contained
Flute
Recorder
Organ
Harmonica
Music Sheets
Towels
Enhanced
Standard
Enhanced
Standard
Enhanced
Standard
Enhanced
Standard
Enhanced
Standard
Enhanced
Standard
All
Bedding (Duvet)
Enhanced
Standard
Pillows
Enhanced
Standard
Enhanced
IEP
IEP
IEP
IEP
IEP
By application.
IEP
IEP
Max 12
IEP
Max 3.
No football
teams/countries/
offensive slogans
IEP
Single size.
IEP
Must be fire
H&S
retardant.
BS7175
Max 2.
IEP
Standard size.
H&S
Must be fire
retardant.
BS7175
Single size. Must
IEP
UPDATE ISSUED
PAGE 54
Item
Approved Source
of Entry
Eligible
Prisoners
(IEP Level)
Remarks
Reason for
restriction
R = Reception
PI = Prison Issue
PS=Prison Shop
Cat=Catalogue
Standard
be fire retardant.
BS7175
Single size Must
be fire retardant.
BS7175
One pair only.
Must be fire
retardant.
BS7175
Maximum size
6x3
(1830mmx915mm
)
Must be fire
retardant.
BS7175
Maximum size
4x4
(122cm x122cm)
Maximum size
4x4
(122cm x122cm)
Small Plastic (Tea
Coffee Sugar)
Max 1litre
S:Security
IEP:Incentive
Level
H&S: Health
and Safety
H&S
Enhanced
Standard
Enhanced
Standard
Enhanced
Standard
Enhanced
Standard
Table Cover
Enhanced
Standard
Storage Containers
All
All
Enhanced
Standard.
IEP
All
IEP
Enhanced
Standard
All
IEP
Enhanced
Standard
Entry
Enhanced
Standard
Badminton Racket,
shuttlecock & cover
PSI 30/2013
30/01/2015
Enhanced
Standard
IEP
H&S
IEP
H&S
IEP
H&S
IEP
IEP
IEP
IEP
IEP
S
No poster
containing
indecency, drugs
or racially
offensive material
(max size 3 x 2)
No yeast extract
allowed.
IEP
IEP
IEP
UPDATE ISSUED
PAGE 55
Item
Approved Source
of Entry
Eligible
Prisoners
(IEP Level)
Remarks
Reason for
restriction
R = Reception
PI = Prison Issue
PS=Prison Shop
Cat=Catalogue
Enhanced
Standard
Enhanced
Standard
Enhanced
Standard
Enhanced
Standard
Enhanced
Standard
All
S:Security
IEP:Incentive
Level
H&S: Health
and Safety
By application/
clinical assessment
By
assessment
By
application/clinical
assessment
By
application/clinical
assessment
By
application/clinical
assessment
By
application/clinical
assessment
By
assessment
IEP
IEP
IEP
IEP
IEP
By clinical and
security
assessment
As above
By
assessment
As above
By
assessment
As above
By
assessment
As above
All
All
All
Max 2
Max 2
Plastic only
(Includes afro
type)
A reasonable
amount at local
discretion; design
subject to local
rules
Any scissors
/sharps will be
removed and
disposed/stored
IEP
IEP
IEP
S
Any scissors /
sharps will be
removed and
IEP
S
Hair accessories
E.g.scrunchies/ties, clips,
extensions
All
Enhanced
Standard
Entry
Enhanced
Standard
Entry
PSI 30/2013
30/01/2015
IEP
IEP
IEP
S
UPDATE ISSUED
PAGE 56
Item
Approved Source
of Entry
Eligible
Prisoners
(IEP Level)
Remarks
Reason for
restriction
R = Reception
PI = Prison Issue
PS=Prison Shop
Cat=Catalogue
S:Security
IEP:Incentive
Level
H&S: Health
and Safety
disposed/stored
All
Toothbrush
Nail Clippers
All
All
Tweezers
Toilet/make-up Bag
All
All
Shaving brush
Nail brush
Miscellaneous
All
All
Books
All
Maximum 12 in
possession.
IEP
Calendar
All
No ringed types.
Not offensive
IEP
Diary/Address Book
All
Not padded
Not electronic
IEP
Small Fans
All
IEP
Ring Folder
All
Subject to any
security concerns
Not padded as
part of vocation/
educational
training
Smoking Requisites
All
Weekly purchase
allowance of 125g
for loose tobacco
or 180 cigarettes/
cigars. A
maximum of
double the weekly
allowance can be
retained in
IEP
IEP
IEP
IEP
IEP
IEP
IEP
IEP
IEP
IEP
UPDATE ISSUED
PAGE 57
Item
Approved Source
of Entry
Eligible
Prisoners
(IEP Level)
Remarks
Reason for
restriction
R = Reception
PI = Prison Issue
PS=Prison Shop
Cat=Catalogue
S:Security
IEP:Incentive
Level
H&S: Health
and Safety
possession.
USB ports must
be blocked using
tamper-evident
seals or
permanently
blocked or the
setting
reconfigured
using USB control
software to
prevent its use.
Typewriter
Standard
Enhanced
Writing Pad/Envelopes/
Stamped Addressed
Envelopes
Greeting Cards
All
Subject to
Security checks
IEP
All
Not padded
IEP
All
All
All
All
All
All
All
All
All
IEP
IEP
IEP
IEP
IEP
IEP
IEP
IEP
IEP
All
All
All
IEP
IEP
S
IEP
Magazines, Periodicals,
newspapers.
Must arrive sealed with
agents stamp
All
Playing Cards
Jigsaws
Coat Hangers
All
All
All
Enhanced
(but once
PSI 30/2013
30/01/2015
Max 1
Not padded. Max
1 Frame (must be
plastic / Perspexfronted). No
indecent
photographs.
Contents may be
subject to
restriction and
placed in Stored
Property if
considered
inappropriate
Max 3
Max 8
Plastic or wood
only (no metal)
IEP
S
IEP
IEP
IEP
IEP
S
IEP
UPDATE ISSUED
PAGE 58
Item
Approved Source
of Entry
Eligible
Prisoners
(IEP Level)
Remarks
Reason for
restriction
R = Reception
PI = Prison Issue
PS=Prison Shop
Cat=Catalogue
Stamps
Religious Artefacts
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S:Security
IEP:Incentive
Level
H&S: Health
and Safety
earned
cannot be
relinquished
if
performance
drops or until
the Bird dies)
All
All
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Appendix A
GAMES CONSOLE EXCEPTIONS
Any Games Console, which has built in wireless access to the Internet will not be permitted in
possession. This includes:
NB:
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Appendix B
PRISONER HOBBIES
1.
2.
3.
Prisoners will only be allowed to hand out or post out hobby items if they have purchased
the materials required to make the particular item.
4.
Any items made in the cell must not be so large as to restrict normal movement in the
cell.
As a general rule any manufactured item should NOT exceed 22 x 10 x 5 wide. Prisoners are
reminded that all manufactured items are subject to security searches and are manufactured and
held in the cell entirely at the prisoners risk.
Approved Brands of Glue/Adhesives
Pritt Stick
Bostick
Copydex
Dunlop
Evostick
Hermetite
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Appendix C
SUMMARY OF RELIGIOUS ARTEFACTS ALLOWED IN POSSESSION
(These items are EXEMPT from Volumetric Control)
PSI 51/2011 - Faith and Pastoral Care for Prisoners, states that: Prisoners must be allowed in
possession or access to such artefacts and texts as are required by their religion. Details of the
specific items are set out in the individual Faith Annexes but if there is any doubt over whether to
allow an item prisons should liaise with Faith Advisors.
Prisoners may have additional religious artefacts or texts not detailed in PSI Faith and Pastoral
Care for Prisoners, if they are not deemed by the Governor to be a threat to security or good
order.
Governors have the discretion not to allow an artefact in possession if it constitutes a risk to health,
safety, good order and discipline. If an artefact is withdrawn or withheld from a prisoner an
explanation should be provided in writing to the prisoner concerned and the Co-ordinating Chaplain
and appropriate Chaplain. This decision should be recorded on the prisoners record.
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Appendix D
Summary of Volumetric Control Exemptions
Refer to PSI 12/2011 for detail.
One birdcage (in establishments where birds are permitted) is exempt from
volumetric control. However, if allowed, prisoners should be made aware at the outset that
birds are not allowed in every prison establishment and if transferred they may not be able
to take their bird with them;
legal papers;
one set of clothing (whether prisoners own clothing or prison issue), including that worn
when the volume of property is monitored;
posters etc which are appropriate to be attached to cell walls; posters must not be
attached to external walls;
items held in possession for the care of babies in mother and baby units; Governors
must be satisfied that such items are held for this purpose, and that the quantity held does not
impede effective searching;
religious texts and artefacts, essential for the practice of the prisoners religion;
Governors must consider applications by individual prisoners for additional items to be held in
possession, exceptionally, outside volumetric control limits e.g. outsize medical equipment. In the
case of books, Governors may also exercise a discretion to allow a prisoner to exceed the
maximum of 12 books, where the prisoner will not exceed his or her volumetric control limit.
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Appendix E
Unconvicted Prisoners
PSI 12/2011 (Extract)
2.6
As a result of their special status, unconvicted prisoners have a number of special rights
and privileges (details of which are set out in PSO 4600 Annex B). Governors may not prevent
unconvicted prisoners from having supplied to them at their own expense and for retention in
possession books, newspapers, writing materials and other means of occupation, except any that
appear objectionable to the IMB or, pending consideration by them, to the Governor (Prison Rule
43(1) refers). Unconvicted prisoners are also entitled to wear clothing of their own so far as it is
suitable, tidy and clean, and shall be permitted to arrange for the supply to them from outside
prison of sufficient clean clothing. It may therefore be reasonable to refuse to deliver additional
clothing to an unconvicted prisoner if this results in other suitable clothing being placed in storage
as this may indicate that the additional clothing is over and above what is sufficient.
Output 9: Prisoners are allowed to receive and/or exchange property through social visits
2.67 Prison Rule 23 provides for unconvicted prisoners to have sufficient clean
clothing sent in to them from outside the prison (whether through visits, by post or other
means). However, in accordance with volumetric control limits and the need to reduce the amount
of excess property within the system it may be reasonable to refuse to deliver to an unconvicted
prisoner additional clothing if this results in other suitable clothing being placed in storage as this
may indicate that the additional clothing is over and above what is sufficient. See also paragraph
2.6 of PSI 12/2011 which gives further guidance on the additional privileges afforded to
unconvicted prisoners.
PSO 4600
Special Rights and Privileges
1
Mandatory Requirement:
Governors must ensure that, as far as possible, unconvicted prisoners are accorded the
following rights and privileges.
2
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Have supplied at his/her own expense, books, newspapers, writing materials and
other means of occupation. [Prison Rule 43(1)]
Have items for cell activities and hobbies handed in by relatives or friends, as well
as to purchase them from private cash or pay. [SO 4(31)]
Carry out business activities [SO1c (28)]
Wear his/her own clothing, unless considered inappropriate or unsuitable. [Prison
Rule 23, 40 (3) SO 14 (22)]
Send and receive as many letters as he/she wishes. [Prison Rule35(1)] including
two statutory letters at public expense per week. [SO 5b(8)]
Be attended by his own registered medical practitioner or dentist, at his own
expense. [Prison Rule 20(5), SO 13(60)]
Be separated from convicted prisoners, as far as can reasonably be done. [Prison
Rule (2)]
Under no circumstances be required to share a cell with a convicted prisoner.
[Prison Rule (2)]
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Unconvicted prisoners must be allowed visits on at least three days a week, which
includes weekends; and
Not to work unless he/she chooses to. [Prison Rule 31(5), SO 6a & 6b]
Some of these special privileges are not absolute and can be tempered by consideration of
security, operational need and practical considerations. However, when restricting an
unconvicted prisoners rights, we must be aware of these entitlements and be able to justify
our restrictions should we be challenged. For example, Prison Rules allow that an
unconvicted prisoner who is placed on the escape list can be required to wear E-list
clothing.
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Annex G
PRISON AND YOI RULES RELATING TO INCENTIVES AND EARNED PRIVILEGES:
The Rules providing for a system of privileges are:
Prison Rule 8
8 (1) There shall be established at every prison systems of privileges approved by the Secretary
of State and appropriate to the classes of prisoners there, which shall include arrangements under
which money earned by prisoners in prison may be spent by them within the prison.
(2) Systems of privileges approved under paragraph (1) may include arrangements under which
prisoners may be allowed time outside their cells and in association with one another, in excess of
the minimum time which, subject to the other provisions of these Rules apart from this rule, is
otherwise allowed to prisoners at the prison for this purpose.
(3) Systems of privileges approved under paragraph (1) may include arrangements under which
privileges may be granted to prisoners only in so far as they have met, and for so long as they
continue to meet, specified standards in their behaviour and their performance in work or other
activities.
(4) Systems of privileges which include arrangements of the kind referred to in paragraph (3) shall
include procedures to be followed in determining whether or not any of the privileges concerned
shall be granted, or shall continue to be granted, to a prisoner; such procedures shall include a
requirement that the prisoner be given reasons for any decision adverse to him together with a
statement of the means by which he may appeal against it.
(5) Nothing in this rule shall be taken to confer on a prisoner any entitlement to any privilege or to
affect any provision in these Rules other than this rule as a result of which any privilege may be
forfeited or otherwise lost or a prisoner deprived of association with other prisoners.
YOI Rule 6
6 (1) There shall be established at every young offender institution systems of privileges
approved by the Secretary of State and appropriate to the classes of inmates thereof and their
ages, characters and circumstances, which shall include arrangements under which money earned
by inmates may be spent by them within the young offender institution.
(2) Systems of privileges approved under paragraph (1) may include arrangements under which
inmates may be allowed time outside the cells and in association with one another, in excess of the
minimum time which, subject to the other provisions of these Rules apart from this rule, is
otherwise allowed to inmates at the young offender institution for this purpose.
(3) Systems of privileges approved under paragraph (1) may include arrangements under which
privileges may be granted to inmates only in so far as they have met, and for so long as they
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continue to meet, specified standards in their behaviour and their performance in work or other
activities.
(4) Systems of privileges which include arrangements of the kind referred to in paragraph (3) shall
include procedures to be followed in determining whether or not any of the privileges concerned
shall be granted, or shall continue to be granted, to an inmate; such procedures shall include a
requirement that the inmate be given reasons for any decision adverse to him together with a
statement of the means by which he may appeal against it.
(5) Nothing in this rule shall be taken to confer on an inmate any entitlement to any privilege or to
affect any provision in these Rules other than this rule as a result of which any privilege may be
forfeited or otherwise lost or an inmate deprived of association with other inmates.
_________________________________
Other Rules referring to privileges:
Letters and visits
Prison Rule 34
34 (1) Without prejudice to sections 6 and 19 of the Prison Act 1952 and except as provided by
these Rules, a prisoner shall not be permitted to communicate with any person outside the prison,
or such person with him, except with the leave of the Secretary of State or as a privilege under rule
8.
Prison Rule 35
35 (3) The governor may allow a prisoner an additional letter or visit as a privilege under rule 8 or
where necessary for his welfare or that of his family.
YOI Rule 9
9 (1) Without prejudice to sections 6 and 19 of the Prison Act 1952 and except as provided by
these Rules, an inmate shall not be permitted to communicate with any person outside the young
offender institution, or such person with him, except with the leave of the Secretary of State or as a
privilege under rule 6 [the Intranet version of the Rules actually says rule 7]
YOI Rule 10
10 (2) The governor may allow an inmate an additional letter or visit as a privilege under
rule 6 when necessary for his welfare or that of his family.
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Annex H
Y/N
Comments
If No, state what action will be taken.
Availability of information
Information was sought from other areas
of the prison and all relevant information
was available to the decision-maker
Appropriateness of
communication
Communication to the prisoner is legible.
Spelling and grammar are correct. No
inappropriate language is used. It is
from a named individual.
Tone of communication
Communication addresses the prisoner
appropriately by name or title. There is
no sarcasm or dismissive language and
it is not defensive or confrontational.
Timeliness of communication
The outcome and reasons were
explained within a reasonable time of the
board taking place.
Equalities issues
Any relevant equalities issues were
considered within the process (e.g.
reasonable adjustments were made for
disabled prisoner)
Conclusion
Key learning points.
Examples of good practice.
Any other comments.
Date:
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Annex I
SENDING AND HANDING IN OF BOOKS TO PRISONERS applicable from 31 January 2015
Friends and families of prisoners are able, from 31 January 2015, to order books from approved
retailers, who will source and send the books on to prisoners. Books are only allowed to be sent or
handed in directly by families and friends where there are exceptional circumstances that have
been agreed by the Governor.
Only allowing books, other than in exceptional circumstances, to be sent in via an approved retailer
meets the need to ensure the protection and safety of prisons, offenders and those who work in
prisons. To become an approved retailer it was necessary for the supplier to meet our set criteria.
The current approved retailers are:
Blackwells
Foyles
Waterstones
WH Smith
Families and friends of prisoners are permitted to order books through the approved retailer
of their choice. There are no set limits on the number of books prisoners can receive in this
way.
The amount of books that can be kept in-cell has not changed (see Appendix D of Annex
F).
The sending or handing in of books directly by families and friends should only be accepted
where Governors consider there are exceptional circumstances. It is for Governors to
decide locally what constitutes exceptional circumstances; this could include, for example,
where a book is not available from one of the approved retailers.
The sending in of audio books, via an approved retailer, is permitted in either cassette or
CD format, where the prisoner has learning difficulties or has a disability which means that
audio books would be appropriate. Audio books will form part of the overall general limits
on the number of books that can be held in-cell.
Should a prisoner decide not to accept a book that is sent in via an approved retailer, (or is
not permitted to have it in possession) and wishes to return it so that the sender can be
refunded, the package should be returned to the person who ordered it. This will be at the
prisoners expense. If the prisoner does not wish to pay for the book to be returned, they
should be asked whether they want the book to be sent out (at their own expense) or kept
in their stored property. If the book is appropriate, prisoners should have the option to offer
the book to the prison library as a donation. PSI 12/2011, Prisoners Property, (and, in
particular, paragraph 2.41) sets out further information on how to handle property and the
options available to Governors when excess property is received.
Restrictions on the books which prisoners are allowed to have access to remains
unchanged. The Public Protection Manual sets out the books that no prisoner can have
access to and Governors can extend this list if the nature of the particular prisons
population requires it. In addition, Governors can decide whether an individual prisoner
should have a particular title, taking into account the prisoners offending behaviour.
These changes apply to books only. The sending in of other items, including those which
might be available from the approved retailers, remain subject to the restrictions set out at
paragraphs 10.4 and 10.5 of this PSI.
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