Prison
Service
Order
ORDER
NUMBER
4400
Prisoner Communications
Chapter 2
The Protection from Harassment Act
1997
Date of update – 29/10/2004
PRISONER COMMUNICATIONS
CHAPTER 2: THE PROTECTION FROM HARASSMENT ACT 1997 (STALKING)
Overview
1.
This Chapter sets out a range of measures designed to promote inter-agency cooperation and sharing of information and to prevent prisoners convicted of, or
charged with, offences under the Protection from harassment Act 1997 from
continuing to harass their victims from within prison.
2.
The Protection from harassment Act 1997, which came into effect on 16 June 1997,
provides new measures in the criminal and civil law to deal with stalking and other
forms of harassment. It creates two new criminal offences:

A summary offence of harassment-with a maximum imprisonment term of 6
months; and

An indictable offence involving the fear of violence-with a maximum
imprisonment term of 5 years.
3.
It also gives criminal courts the power to make a restraining order immediately after
convicting a person of either of the two criminal offences to prevent the offender
from repeating their behaviour.
4.
Victims of stalkers are also able to seek a civil injunction to stop the behaviour set
out in respect of the summary offence of harassment. A breach, or attempted
breach, of a restraining order or civil injunction, without reasonable excuse, is a
criminal offence with a maximum penalty of five years imprisonment. Offenders may
be subject to a restraining order or injunction in addition to any sentence of
imprisonment under the new Act. Prisoners serving a term of imprisonment, or
remanded in custody, or returned to prison following a breach of licence, for an
unrelated offence, may also be subject to a restraining order or injunction under the
protection from harassment Act. Further information on restraining orders and
injunctions is set out in Annex A.
Policy and output
5.
Because of the inherent risk of further harassment (which may constitute a criminal
offence) by prisoners remanded in custody for, or convicted of, offences under the
new Act, the PSO makes it mandatory to identify such prisoners and for the
communications of these prisoners (save official or legally privileged
calls/correspondence or those to the CCRC or Samaritans) to be routinely
monitored.
Standard
6.
Prisoners who have been remanded in custody for, or convicted of, offences under
the Protection from harassment Act, or who are subject to an injunction or
restraining order under the Act must be prevented, as far as reasonably practicable,
from making unauthorised contact with their victims and from continuing any
harassment from within establishments.
7.
To meet this standard, governors are required to take the mandatory action set out
in this chapter. All mandatory procedures are shown in italics.
Mandatory action and information
NOTIFICATION AND IDENTIFICATION OF PRISONERS COVERED BY THIS
INSTRUCTION
8.
Notification of prisoners who are convicted of, or remanded in custody for, offences
under the Act will be forwarded to establishments using the POL1 form, copy
attached at Annex B. This will clearly identify theses prisoners together with any
injunctions or restraining orders issued under the Act. This form will be completed at
the court by the police officer in charge of the case, together with details of the
address and telephone number of the victim(s). where the police are not in court it
will be the responsibility of the court to notify the Prison Service of details of any
restraining orders or injunctions issued. (NB The POL1 form will be replaced in
1999 with the PER from, the Prison Escort Record ).
9.
The POL1 will travel from the court to the establishment with the prisoner, in the
possession of the officer in charge of the escort. Upon arrival, the officer in charge
should hand the form directly to the reception staff for processing. The security
department should also be informed so that the routine monitoring of telephone
calls and correspondence may be instigated.
Mandatory
10.
Governors must:
(a) identify all prisoners who are convicted of, or remanded in custody for, offences
under the Act, or are subject to a restraining order or injunction issued under the
Act;
(b) record this information on your local Inmate Information System (IIS) and on the
prisoners F2050
(c) where a prisoner is received into custody without a relevant POL1, but it
appears from the warrants that he or she has been remended or convicted
under the Act, or is subject to an injunction or restraining order under the Act,
governors must consult the police within24 hours of reception on weekdays (or
within 48 hours of reception at weekends) to obtain further information.
Information
11.
In recording this information on the IIS system, establishments should use an
appropriate free text area such as Discipline remarks. The reference number of the PSI
should be added and in this way it will possible to produce a summary report locally of
those inmates covered by the instruction. This report can be set up by the use of the IIS
reporting tool called IQ, with the help of an IQ Application Administrator or via a call to the
Prison Service help Desk.
NOTIFICATION TO THE PROBATION SERVICE/SOCIAL SERVICES
Mandatory
12.
When a prisoner has been identified as covered by this instruction, notification must
be sent on reception to the Chief Probation Officer in the prisoner’s discharge area
using the proforma at Annex C. Where the establishment has been notified that the
release of a prisoner under the age of 18 will be supervised by social services, the
proforma should be sent to the relevant local social services office.
Information
13.
Because of the different statutory release arrangements for prisoners which may be
affected by additional days awarded (and home detention curfew in due course),
the Probation Service has asked for the process at paragraph 12 above to be
carried out on reception rather than discharge to ensure that all prisoners are
identified. Whilst individual probation services will often already be aware of those
prisoners serving more than 12 months, Annex C should still be sent. However, for
prisoners remanded for offences under the Act, Annex C is not required, as
information on these prisoners will be sent by the court probation officer to the
home probation service.
SENTENCE PLANNING
Mandatory
14.
Sentence management and planning procedures must fully address the unusual
nature of the offence and the risk posed by these prisoners, and relevant
documentation clearly note, in addition to the offence, details of any restraining
orders and injunctions.
Information
15.
The analysis of a prisoner’s offence and the risks posed is central to sentence
planning. This process will automatically require the detailed examination of those
convicted, remanded or subject to injunctions and restraining orders under the Protection
from Harassment Act.
16.
In particular:




ICA documents should clearly note the nature of the offence;
Assessments at the ACR/DCR1 stage and subsequent reviews should
address the issue in detail;
Sentence planning documents should include a note of restraining orders
and injunction;
Pre-discharge and discharge reports should include reference to specific
issues raised by the offence.
17.
In undertaking the risk assessment for sentence planning, attention should be given
to past as well as current convictions under the Act.
18.
In some cases, the victim(s) of a prisoner convicted under the Act may have
contacted the Prison Service Victim Helpline (tel: 0345 585112) to report
harassment or voice concerns about possible further harassment. Where this has
been taken place, governors should take it into account and reflect it in the
sentence planning process.
Sex offender treatment programme
Information
19.
Where a male prisoner is convicted under the Act and sentenced to over 3 years
imprisonment, the governor may wish to consider, where appropriate, obtaining an
assessment of the prisoner’s suitability for the Sex Offender Treatment Programme.
This will need to be obtained from a chartered forensic or clinical psychohlogist or a
consultant forensic psychiatrist who is familiar with the programme. Where a
prisoner is deemed suitable, completion of the programme should become a
sentence planning target.
ATTEMPTS TO CONTACT VICTIMS THROUGH CORRESPONDENCE AND USE OF
THE CARDPHONE
SYSTEM
Mandatory
20.
a) convicted and/or sentenced prisoners
Prisoners convicted of offences under the protection from Harassment Act, must,
from the beginning of any period of custody, be subject to the routine monitoring of
all outgoing mail and telephone calls save for official and legally privileged
communications and those with the CCRC or Samaritans). This must continue until
the Governor is satisfied that such monitoring is no longer necessary in the interests
of protecting the public. Monitoring must continue if a restraining order or injunction
issued under the Act is in force.
(b) Unconvicted prisoners
Prisoners charged with offences under the Protection from Harassment Act must be
subject to the monitoring procedures set out at a) above the beginning of any period
of custody and must remain in force until the prisoner’s trial.
c) All prisoners
Whilst routine monitoring is in force, all outgoing correspondence for these
prisoners must be routinely recorded.
Information
21.
The surveillance of correspondence and telephone calls is designed to prevent
prisoners from circumventing Standing Order 5. Governors will need to take
appropriate steps to safeguard against abuse of the cardphone and
correspondence regulations by instituting such arrangements as are necessary, e.g.
booking of calls or holding the prisoner’s phonecards in the wing office to minimise
the risk of such prisoners making unauthorised communications. Establishments
are also reminded of current arrangements for the random monitoring of
correspondence, and telephone calls made by cardphone, to ensure that the
requirements of Standing Order 5 are generally being observed within the prison.
22.
Because of the obsessive nature of the behaviour covered by the protection from
Harassment Act governors must be fully satisfied, particularly in the short term, that
prisoners no longer pose a risk to their victim(s) before removing the mandatory
monitoring requirements. It is for this reason that monitoring that monitoring
processes are mandatory for all unconvicted prisoners until the time of their trial.
Where there is any doubt, governors should retain monitoring restrictions. But each
case must be considered in the light of all the known circumstances and it may be
possible, for example with individual long-term prisoners who may have made
sufficient progress in prison, to justify the removal of routine monitoring.
VISITS
Information
23.
Prisoners may attempt to encourage their visitors to carry out further acts of
harassment on their behalf. In accordance with Standing Order 5(A) 25 (1) visits
may be subject to closer supervision, including being held in the direct hearing of an
officer.
24.
Where there is evidence of visits being used to encourage further acts of
harassment, governors should consider the disallowing of further visits under Prison
Rules.
BREACHES OR ATTEPTED
INJUNCTIONS
BREACHES
OF
RESTRAINING
ORDERS
OR
Mandatory
25.
Where the victim requests it, governors must refer any breach or attempted breach
of a restraining order or injunction to the police. In other cases, governors have the
discretion whether to refer the matter to the police. Referral is likely to be most
appropriate where there have been previous attempted or actual breaches of a
restraining order or injunction.
26.
Where breaches or attempted breaches are referred to the police, governors must
ensure that all relevant information is forwarded to them. This must include details
of any previous breached or attempted breaches that may have been dealt with
under the prison discipline system.
Information
27.
Where a breach or attempted breach of a restraining order or injunction is referred
to the police staff should also consider charging the prisoner under Prison Rule
47(20) (YOI Rule 50 (20)), as such behaviour contravenes the provisions of
Standing Order 5B or G. The adjudication should be opened and adjourned pending
the police investigation (for further advice on this see appendix 3 of the Prison
Discipline Manual).
28.
Where the matter is not referred to the police then it should be dealt with internally
through the prison discipline system.
29.
An attempt to commit a breach of a restraining order is an offence under section 1
of the Criminal Attempts Act 1981. Further information on this is set out in Annex A.
RELEASE OF PRISONERS
Release on temporary licence
Information
30.
The arrangements for considering an application for release on temporary licence
from prisoners convicted under the Act are set out in IG 36/95. In considering
applications, the risk assessment process should take careful account of the nature
of the offence and the position of the victim. Within arrangements agreed under
National Standards, the Probation Service will ensure that victims of all prisoners
convicted under the Act are informed where such a prisoner is to be temporarily
released.
Mandatory
31
The Chief Probation Officer in the prisoner’s discharge area must be informed
in all cases where a prisoner convicted under the Act is granted a period of
temporary release, through use of form ROTL 9.
Discharge
32.
The Probation Service in the area to which the prisoners is due to be discharged
will have been notified of any prisoner covered by this Instruction, on reception (see
para. 12 & 13 above).
Annexes
33
Annex A
-
Restraining Orders and Injunctions
Annex B
-
POL 1 FORM
Annex C
-
Proforma for notifying Probation/Social Services.
Annex A
PROTECTION FROM HARASSMENT ACT 1997
Restraining Orders and Injunctions
Section 5 (1) of the Protection from Harassment Act 1997 provides that a criminal court
may make a restraining order in addition to any other sentence which it chooses to
impose, to prevent the convicted offender repeating his or her behaviour.
Under Section 3 of the Act, a civil court may issue, on application from the victim, an
injunction to prevent the defendant from pursuing any conduct which amounts to
harassment. This may be in respect of a prisoner on remand.
Section 5(5) of the Act creates a criminal offence if a defendant fails, without reasonable
excuse, to comply with a restraining order. Section 3(6) makes similar provision for a
breach of an injunction. However, section 3(3) to 3(9) of the Act are not yet in force and,
for the time being, a breach of is not a criminal offence, though it is in contempt of court.
No date has yet been set for when the remaining sections of the Act will come into force.
Such an offence does not have to be heard at the court which makes the actual order. The
defendant can be charged and arraigned before the court responsible for the in which the
prison is located.
An attempt to commit a breach of a restraining order is an offence by virtue of section 1 of
the Criminal Attempts Act 1981. It is important to note that any attempt has to be
something more than a preparatory act. For example buying a phone card would be a
preparatory act and not in itself a criminal offence. However, dialling a victim’s telephone
number, but failing to get through, would be a criminal attempt.
ANNEX B
SUSPECT / PRISONER – EXCEPTIONAL RISK
FORM POL 1.
For completion by the police officers handing over a prisoner to prison custody or prisoner
escort service or transferring a suspect or prisoner between police forces
Force
PERSONAL DETAILS:
SURNAME
FORENAMES
Charge(s) / suspected offence(s)
Station
NRO No.
Prison No. (if
known)
SEX
DOB.
This person has been:
tick appropriate box
Arrested
At …………………………………….Court
Remanded in Custody
Committed for trial in
custody
Sentenced to Imprisonment
Next Court Appearance ………………………………… Court
……………………………………………………
Prison ……………………………………………………………..
THIS PERSON IS REASONABLY SUSPECTED OF BEING AN EXCEPTIONAL RISK
FOR ONE OR MORE OF THE REASONS GIVEN BELOW
Violent
Suicide / Self Harm
Drugs
Escape Risk
Possible further charges
Medical condition
Mental condition
Vulnerable
FURTHER INFORMATION (to be completed by the police).
FURTHER INFORMATION (to be completed by the police surgeon).
Signed…………………………………………………………….date……………………………..
Contact point: (Name)………………………………………….signed
……………………………………..
Tel. No……………………………………………………………date ……………………………………….
Custody Record
Noted?
Confidential Medical Record
attached?
Signed…………………………………………….date………………
Yes
No
PER form?
Yes
no
don’t know
Annex C
NOTIFICATION OF RECEPTION OF A PRISONER CONVICTED OF OFFENCES
UNDER THE PROTECTION FROM HARASSSMENT ACT, OR SUBJECT TO
RESTRAINING ORDERS OR INJUNCTIONS ISSUED UNDER THE ACT
Prisoner’s full name, with all known aliases
Prison Number
Date of Birth
Details of Offence
Name of Court
Sentence
Date of Sentence
Address of Prisoner When Charged
Address of Prisoner, proposed for Release (if different)
Details and Address of Victim(s) *
Automatic Release Date (ARD)
Conditional Release Date (CRD)
Parole Eligibility Date (PED)
Non-parole Date (NPD)
I write to advise you that the above named person has recently been received into this
establishment.
This notification enables you to note your records and to take any action necessary in relation to
supervision on release; offering voluntary supervision, if appropriate and / or action in relation to
victims.
Signature
Name and position
* NB: ANY AVAILABLE DETAILS ABOUT VICTIM(S) MUST NOT BE DISCLOSED TO
THE PRISONER.