Prison Service Order
ORDER
NUMBER
1801
/ Production of Prisoners at the Request of the Police
Date of Issue
/ Amendment
29/08/2000 / Replaced IG 18/1996
Amendments can be tracked in the Numerical Index.
PSI Amendments should be read before and in conjunction with PSO

Introduction

1. This Prison Service Order (PSO) replaces Instruction to Governor 18/96. This PSO informs the service how requests from the police to produce prisoners are to be dealt with.

Output

2. This PSO provides clear guidance on how requests are to be authorised, managed and monitored.

Implementation

3. This PSO comes into effect on 1st August 2000.

Impact and Resource Assessment

4. Establishments will be required to ensure they have systems in place to manage and monitor production requests. This will vary from establishment to establishment on an individual basis.

Mandatory Action

5. Governors / Directors of Contracted Out Establishments must fully satisfy themselves that production is necessary in the interests of justice or for the purpose of any public enquiry.

6. Governors / Directors of Contracted Out Establishments must satisfy themselves that any production is authorised only for the shortest period of time necessary in the interest of justice or for the purpose of enquiry.

7. Governors / Directors of Contracted Out Establishments must review any ongoing production at least every 28 days. A record must be retained of each review.

Audit and Monitoring

8. Self-audit by establishment.

Contact

9. Further information is available from:

Rob Kellett / John Golds / Arnie Cooke
Head of National Operations Unit / DHSP / PAS
Room 648 Cleland House / Room 603/8 Cleland House / Room 637 Cleland House
020 7217 6797 / 020 7217 6319 / 020 7217 6614

Brodie Clark

Drector of Security

NOTE FOR ESTABLISHMENT LIAISON OFFICERS
ELOs must record the receipt of the Prison Service Order - Production of Prisoners at the Request of the Police in their registers as issue 102 as set out below. The PSO must be placed with those sets of orders mandatorily required in Chapter 4 of PSO 0001..
Issue no. / Date / Order no. / Title and / or description / Date entered in set / ELO signature
102 / 29/08/2000 / 1801 / Production of Prisoners at the request of the Police

CONTENTS

Production Of Prisoners Under Paragraph 3(1) Of Schedule 1 To The Crime (Sentences) Act 1997

Prisoners Covered By This Authority

Effect Of Production

Procedure For Production

Procedures For Monitoring

Annex 1

Police Request For The Production Of A Prisoner

Annex 2

Visit To Prisoner Produced At The Request Of The Police

PRODUCTION OF PRISONERS UNDER PARAGRAPH 3(1) OF SCHEDULE 1 TO THE CRIME (SENTENCES) ACT 1997

1. The provisions for the production of prisoners formerly contained in section 29 of the Criminal Justice Act 1961 were repealed and re-enacted by the Crime (Sentences) Act 1997 and are now contained in paragraph 3(1) of schedule 1 to that Act.

1.1 Paragraph 3 permits the Secretary of State to direct that prisoners be taken to any place in the UK or Channel Islands where it is desirable in the interests of justice (or for the purpose of any public enquiry). Subject to the guidance set out below, Governors / Directors of Contracted Out Establishments are authorised to exercise these powers on behalf of the Secretary of State where the police request the production of prisoners.

1.2 This PSO cancels and replaces I.G. 18/96.

MANDATORY: IG 18/96 must be cancelled.

PRISONERS COVERED BY THIS AUTHORITY

The following prisoners are covered by the authority:

a. A person remanded in custody in connection with an offence;

b. A person serving a sentence of imprisonment;

c. A person not falling within (a) or (b) above who is detained in a prison.

2.1 Exceptions to delegated authority: For requests for production involving Category A prisoners, including potential and provisional Category A prisoners, Governors / Directors of Contracted Out Establishments must refer to Prisoner Management Section of DHSP. For Prisoners held in Protected Witness Units (PWU), the Governor of Full Sutton PWU must refer to DHSP and the Governor of Hull PWU and Parkhurst PWU must refer to the National Operations Unit (NOU). Governors / Directors of Contracted Out Establishments must also refer, to the NOU, requests for production of prisoners who, while in neither of the above groups, raise particular security concerns or are notorious.

EFFECT OF PRODUCTION

3. A Governor / Director of Contracted Out Establishment should only authorise production under paragraph 3(1) of Schedule 1 of the Crime (Sentences) Act 1997 if they are satisfied that such a production is desirable in the interests of justice or for the purpose of any public enquiry.

MANDATORY: Governors / Directors of Contracted Out Establishments must fully satisfy themselves that production is necessary in the interests of justice or for the purpose of any public enquiry.

3.1 When a prisoner is produced to the police they shall, be kept in custody while being escorted, while at the place to which they are produced and while being returned to the prison, or other institution, in which they are required by law to be detained. This means that the prisoner must remain at the designated police station for the period between being taken to and being returned to the prison. The police may not remove the prisoner to any other place without the prior, written, consent of the governor. For requests for production, other than to a designated police station, governors should seek advice from the Police Advisors Section.


3.2 Governors / Directors of Contracted Out Establishments may consider it desirable to exercise these powers in particular to enable the prisoner:

(a) To answer another charge.

(b) To be dealt with for an offence for which they are placed on probation or conditionally discharged, or for which a suspended sentence was passed.

(c) To appear as a prosecution witness.

(d) To help recover stolen property or hidden firearms or explosives.

(e) To identify premises in connection with criminal investigations.

(f) To be interviewed in connection with the investigation of a serious arrestable offence, as defined by Section 116 of the Police and Criminal Evidence Act 1984.

(g) To take part in an identification parade.

PROCEDURE FOR PRODUCTION

4. Applications for the production of a prisoner under paragraph 3(1) of Schedule 1 to the Crime (Sentences) Act 1997 must be received on the proper form. This is at Annex 1 to this PSO. No other type of application will be considered.

MANDATORY: The form at Annex 1 to the PSO is the only acceptable application to produce under paragraph 3(1) of Schedule 1 to the Crime (Sentences) Act 1997.

4.1 Governors / Directors of Contracted Out Establishments must satisfy themselves that:

(a) The production is necessary in the interest of justice or for the purpose of any public enquiry.

(b) The purpose of the production is clearly understood.

(c) If the requested production is for more than one day, that this is fully justified and clearly documented.

(d) Any production for more than a day must be reviewed by the Governor / Director of Contracted Out Establishment. On each review the Governor must satisfy themselves that continued production is justified.

MANDATORY: Governors / Directors of Contracted Out Establishments must satisfy themselves that any production is authorised only for the shortest period of time necessary in the interest of justice or for the purpose of any public enquiry. The Governor / Director of Contracted Out Establishments must review any ongoing production, at least every 28 days. A record must be retained of each review.

PROCEDURES FOR MONITORING

5. Prisoners produced under paragraph 3(1) of Schedule 1 to the Crime (Sentences) Act 1997 must be held in a police station designated under S35 PACE 1984 and accredited by the PAS. Police Advisors Section have a list of accredited police stations.

MANDATORY: Governors / Directors of Contracted Out Establishments must satisfy themselves that any production under paragraph 3(1) of Schedule 1 to the Crime (Sentences) Act 1997 is to a accredited police station.

5.1 Prisoners produced into police custody should continue to be given rights and entitlements to which they would normally be entitled were they in prison custody.

5.2 Regular visits, by a Senior Manager, must be made to any police station where a prisoner is being held to ensure that the prisoner is being given rights and entitlements. For those prisoners produced who, exceptionally, require to be with the police for more than a day the Governor / Director of Contracted Out Establishment must ensure that a Senior Manager visits the prisoner 3 days after production, then 14 days after production and thereafter at least every 28 days.

5.3 Accurate records must be kept for all prisoners produced to the police, and they must include:

(a) Identity and prison number.

(b) Present establishment.

(c) Date of first production under paragraph 3(1) of Schedule 1 of the Crime (Sentences) Act 1997.

(d) Dates of all subsequent productions.

(e) Stated reasons for all such productions.

(f) Details of all continuing need for production reviews.

(g) Sentence status.

(h) Offence.

(i) Designated police station holding the prisoner.

(j) Visits by a Senior Manager with date and identity of the manager. Any comments/remarks by the manager.

(k) Details of the Senior Police Officer in charge/SIO/and contact telephone numbers.

MANDATORY: Governors / Directors of Contracted Out Establishments must keep accurate records for all prisoner production under paragraph 3(1) of Schedule 1 of the Crime (Sentences) Act 1997. (see Annex 2).


ANNEX 1

Police Request For The Production Of A Prisoner

Paragraph 3(1) Of Schedule 1 To The Crime (Sentences) Act 1997

Click on heading for downloadable form

(To be submitted via the Police Liaison Officer for the establishment concerned unless the prisoner is Category 'A' or a Protected Witness when the form should be sent to Police Advisers Section, Security Group).

To: THE GOVERNOR / DIRECTOR OF From:

CONTRACTED OUT ESTABLISHMENT

HMP/YOI......

Prisoner Details
Full Name ………………………………………...... D.O.B: ......
Prisoner No: ……………………………………….Status: ………………………………….....
Offence: ……………………………………………………………………………………………...

Purpose for which production is required (you must state why the enquiry cannot be conducted in the establishment)

Justification…………………………………………………………………………………………………...
…………………………………………………………………………………………………………………...
……………………………………………………………………………………………………………………
……………………………………………………………………………………………………………………
Proportionality …………………………………………………………………………………………………...
…………………………………………………………………………………………………………………...
……………………………………………………………………………………………………………………
……………………………………………………………………………………………………………………
Risk of Collateral Intrusion …………………………………………………………………………………………………...
…………………………………………………………………………………………………………………...
……………………………………………………………………………………………………………………
……………………………………………………………………………………………………………………
Objective …………………………………………………………………………………………………...
…………………………………………………………………………………………………………………...
……………………………………………………………………………………………………………………
……………………………………………………………………………………………………………………
Period during which the prisoner will be held in police custody
From: ……………………………………. To: ………………………………………………...
Name and address of the police holding station at which the prisoner will be detained
...... ……………………………………………………………………………………………...
...... Tel:......
. Requesting Officer
Name: ……………………………………………………………………………………………………...
Station: …………………………………………………………………………………………………….
Facsimile No: ……………………………………... Tel: ……………………………………..
Force Authorising Officer
I confirm that the production of this prisoner is required for the purpose stated above and
that the prisoner will be held in custody at a police station designated and approved by the
Police Advisers Section at Prison Service Headquarters.
Signed: …………………………………………… Rank: ………………………………………………
(Substantive Inspector or above)
Name: …………………………………………….
Address: …………………………………………. Tel: ………………………………………………..
Recommended by Police Liaison Officer
Signed: ......
Name: ...... Date: ......
Prison Service Authorisation:
Name: ......
Signature: ...... Date: ......


ANNEX 2

VISIT TO PRISONER PRODUCED AT THE REQUEST OF THE POLICE

Prisoner Name: Number:

DOB: Prison Establishment:

Sentence: Offence:

Designated Police Station:

Date of First Production to Police:

Dates of Subsequent Productions:

Original Reason for Production: ......

......

......

Reason why production needs to continue:

......

......

......

Comments on visit (complaints, actions, etc):

......

......

Visiting Officer (print) ...... Date ......

Signed ......