• all applicants must be of good character;
• applicants must not hold employment or office liable to cause embarrassment or conflict in their relations with the prison, prisoners, or staff;
• members of the Independent Monitoring Board are ineligible for appointment.

5.5 Female visitors may be appointed to male establishments and vice versa.

5.6 There are no age limits, but given the current age profile applications from people aged between 18 - 50 years and from diverse backgrounds should be encouraged. Governors should have regard to security requirements when assessing new applications and in deciding the appropriate point at which an OPV should retire.

5.7 All candidates must complete the application form and an appropriate member of staff, usually the OPV Liaison Officer, must interview each candidate. Two references must be obtained and any other necessary enquiries completed before recommending a candidate as suitable for appointment. A Criminal Records Bureau check may be required if the appointment is likely to bring the OPV into regular contact with young persons under the age of 18. The decision to offer the appointment must be taken by either the Governor or a senior operational manager with delegated responsibility. A suggested letter of appointment is attached at Annex B and may be reproduced locally.

5.8 All appointment letters must have a copy of the Handbook for OPVs and all newly appointed OPVs must acknowledge receipt. This confirms acceptance of the conditions of appointment and must be retained in the local records. Additional copies of the Handbook are available from the Offender Policy Rights Unit of the Prison Service (020 7035 1537) or the NAOPV General Secretary.

5.9 OPVs are subject to a probationary period of three months. If confirmed, this will technically be renewable on an annual basis. However, in practice the appointment will continue until the OPV either resigns or retires, unless there is a reason not to renew or to terminate the appointment.

The OPV Liaison Officer

5.10 The Governor should designate a member of staff as OPV Liaison Officer. While this role has historically fallen to the Chaplaincy, consideration should be given to whether the role of OPV Liaison Officer is more suited to the voluntary sector co-ordinator or another manager within the establishment. The duties are as follows:

• publicising and promoting prison visiting within the establishment;
• ensuring that sufficient OPVs are available within the establishment to provide regular visits to prisoners as required;
• keeping under review the balance of the team of Visitors, in numbers, interests and backgrounds, appropriate to the needs of the establishment; and advising on possible avenues of recruitment;
• ensuring that inexperienced OPVs are adequately briefed, advised and supervised during their probationary period;
• acting as the primary contact between OPVs and the establishment, either as an ongoing source of information or a person with whom OPVs are able to raise matters of local concern;
• copying letters of appointment for new OPVs to the General Secretary of the NAOPV and the Chairman of the local NAOPV Branch;
• notifying the NAOPV of any resignations, retirements or deaths in service; and
• completing an annual return to the NAOPV of the names of all OPVs at that establishment as of 31 March.

Training for OPVs

5.11 Like other volunteers, a training needs assessment should be undertaken to identify the training needs as soon as possible after the appointment of the OPV. This should be focused upon the needs and preferences of the individual but should include mandatory elements such as security awareness. The training needs assessment should aim towards satisfying the following objectives:

• to obtain a clear understanding of the essential elements of prison work and how this may impact on the working practices of the OPV
• understand and contribute towards important elements of institutional life, for example the promotion of positive race relations and the prevention of suicide and self-harm.

5.12A training programme may include the following:-

• health and safety including security awareness
• suicide and self-harm training
• race relations and diversity training
• substance abuse
• breakaway techniques

Arrangements for Visits

5.13 It is for the Governor to decide the most appropriate location for visits from OPVs, having regard to the safety of such persons and the good order and control of the establishment. In some establishments OPVs visit prisoners in their cells. Visitors may be issued with keys, provided that the Governor is satisfied it is appropriate to do so. Whilst the needs of the establishment are paramount, the views of the visitor and prisoner may be taken into consideration when deciding the location of visits. Clear instructions must be given to OPVs and to staff on the times at which visits may take place, and on any special care necessary in the case of particular prisoners. Although what is said in the visits is confidential, OPVs should record the date and time of visits to each prisoner.

Category A prisoners

5.14 Where a Category A prisoner requests the services of an OPV, the procedure outlined within the National Security Framework must be followed. OPVs are not exempt from the Approved Visitors Scheme.

The National Association of Official Prison Visitors (NAOPV)

5.15 The National Association of Official Prison Visitors is officially recognised and financially assisted by the Service. HRH The Princess Royal is a Patron and the Lord Chancellor and Secretary of State for Justice is the ex-officio President. The Association helps to encourage and co-ordinate the work of OPVs both at local and national level. It is a matter of personal choice whether an individual Visitor joins the Association, but in general, an active local Branch will be helpful to both Visitors and the Liaison Officer. The Association holds an Annual General Meeting every year. Each local branch is entitled to send one or more delegates, depending on the size of its membership (delegates may claim travel and subsistence costs for attendance from the Association).

5.16 At present, the General Secretary of the NAOPV is Mr. I. Currie who can be contacted at Azure House, 10 Imperial Avenue, Westcliff-on-Sea. Essex. SSO 8NE (0794 801 4415 or by email naopv.gensec.membership@googlemail.com.).

Travelling expenses

5.17 Officially appointed OPVs may claim reimbursement from the establishment for travelling expenses incurred in respect of journeys between their home address and the establishment (or for the actual journey, if a lesser distance is travelled) for each visit. OPVs are expected to use the most economical means of transport available. Where public transport is used, the full cost of standard class travel may be reimbursed.

5.18 In cases where scheduled public transport is not convenient for the visitor and a private motor vehicle is used instead, consideration may be given to reimbursement at public transport rates. These expenses are generally limited to journeys of no more than 15 miles either to or from the establishment. In cases where motor mileage allowance is paid the recipient must satisfy the same requirements in respect of insurance as the Civil Service Pay and Conditions of Service Code requires officials to satisfy when mileage allowance is paid for official travel. In order to aid recruitment in rural areas or to encourage a more diverse membership that reflects the needs of the establishment, Governors have the discretion to relax this mileage restriction.

Suicide Prevention

5.19 As a supplement to the watchfulness of prison staff, OPVs are a valuable resource in the efforts to become aware of a prisoner's risk of self-harm. OPVs offer valuable opportunities for prisoners to talk confidentially (albeit with a duty to disclose risk of harm to staff or others), and may help prisoners to come to terms with difficult situations. Consideration may be given to involving OPVs in the local Suicide Prevention Team and in relevant training.

Misconduct

5.20 Misconduct by an OPV is extremely rare. Liaison Officers should report any incidents of serious misconduct promptly to the Governor, who may initiate an investigation and may exclude an OPV from the establishment, pending the outcome. The local NAOPV Branch Chairman should be informed of progress of any such investigation. If, after enquiries, it is considered that the appointment of the Visitor is no longer desirable, the appropriate course in the first instance may be to invite the Visitor to resign rather than to terminate the appointment.

Handbook for Prison Visitors

5.21 A Handbook for Prison Visitors sets out in full the conditions of appointment and all newly-appointed Prison Visitors must receive a copy in order to indicate their acceptance of those conditions. The NAOPV publishes 'Definitive Documents on Prison Visiting' which new Official Prison Visitors will be able to obtain from the General Secretary.

PSO 4410

Annex A

Application Form

APPOINTMENT OF AN OFFICIAL PRISON VISITOR

Prison----------------------------------------------------------------------------------------------

-----------------------------------------------------------------------------------------------------------------------------------

Please complete in block capitals the following

Forenames..............................................................Surname.............................................................

Maiden name (if appropriate).............................................................................................................

Date of birth...........................................

Full postal address.............................................................................................................................

.........................................................................................................................................................

Place of birth...................................................................................

Nationality......................................................................................

Occupation/Profession....................................................................

Introduced by.................................................................................

-----------------------------------------------------------------------------------------------------------------------------------

Have you ever been convicted or found guilty of any offence by any Court? If so, please give full details below:

YES.......*

NO........

* Tick as appropriate (Answering YES does not bar you from appointment. Every application is considered on its merits.)

-----------------------------------------------------------------------------------------------------------------------------------

Please give the names of TWO people who are willing to act as referees for you. They should be responsible persons who have given permission for their names to be used, and who are well acquainted with you in private life. They should have known you for at least two years.

Order ref: 279

Issue date: 05.09.07.

--------------------------------------------------------------

Annex B

OFFICIAL PRISON VISITORS: SUGGESTED LETTER OF APPOINTMENT

Dear.............

I am writing following your recent interview to offer you an appointment as an Official Prison Visitor (OPV) at this establishment.

The appointment, which is subject in the first instance, to the satisfactory completion of a period of three months probation, is renewable annually but in practice will continue without formal re-appointment until resignation or retirement, unless there is reason not to renew, or to terminate, the appointment. I enclose for your information a copy of the 'Handbook for Prison Visitors' which contains advice on prison visiting and sets out in full conditions of your appointment.

As an OPV you will be under the guidance of (name of OPV Liaison Officer) who is the designated Liaison Officer for OPVs and will allocate the prisoners you are to visit. He/she will always be ready to assist and help you in your duties.

There are arrangements whereby OPVs may claim the reimbursement of travelling expenses to and from the establishment for each visit, subject to a maximum claim of 15 miles in each direction. Should you wish to claim expenses the Liaison Officer will be able to advise you on this matter.

The National Association of Official Prison Visitors, which is officially recognised by the Prison Service, encourages and promotes the work of OPVs and keeps all OPVs in touch with developments through the issue of a regular newsletter and an Annual General Meeting. The Secretary of the Association is being informed of your appointment and will be writing to you shortly, explaining in greater detail, the activities and aims of the NAOPV. (There is a local Branch of the Association here, as at most establishments, and the Chair is also being informed of your appointment).*

Please let me know whether you wish to accept this appointment and, if so, when it will be convenient for you to commence visiting.

cc:

General Secretary NAOPV

NAOPV Branch Chair*

----------------------------------------------------

* Only to be included where there is an NAOPV Branch at the establishment.

*

Page 12.

Local Lists of Unauthorised Items.

4.13 The authorisations provided in this PSO do not over-ride local rules and restrictions set down in individual prisons' Local Security Strategies concerning the bringing in of a wider range of unauthorised items. Governors and Directors of contracted out prisons must consider local restrictions set out in LSSs against the provisions of the revised Prison Act to ensure that local lists of unauthorised items take into account as necessary all items covered by the introduction of these new measures for unauthorised items set out in Sections 40A to 40F of the Prison Act.

Mobile Phones.

4.14 Given the serious threat to security and good order that the presence of mobile phones pose within establishments, they must not be brought into public sector closed prisons except in circumstances outlined in Annex 1 (2.2 mobile phones). Staff duties should be clarified to make it clear that the conveying of mobile phones in/out of the establishment is no longer part of the normal duties of staff and that instead where there is a legitimate use of mobile phones they should be covered by a specific S40E authorisation. Those authorisations issued centrally are shown in Annex 1 and Annex 2. Area Managers and not Governors are responsible for agreeing and issuing other S40E authorisations for mobile phones in public sector prisons. Where staff lockers are positioned inside the prison (i.e. past the gate lock) but near the gate and away from the rest of the prison - Governors may wish to ask Area Managers to agree to them issuing a general authorisation that allows staff to take mobile phones into the prison but only on a clearly defined route to staff lockers and not beyond the room/corridor where lockers are positioned. This may not be feasible in prisons where staff are routinely searched on entry at the gate.

4.15 Given the lower level of security concern in open prisons it has been agreed that these additional restrictions do not apply to fully open prisons. A central S40E authorisation for conveying of mobile phones has been provided at annex 2 for staff or professional visitors working at open prisons. This is subject to the local agreement of the governor and if Governors of open prisons do not wish to allow staff and/or professional visitors to bring in mobile phones they should make this clear in a local Governor instruction (outside of the Prison Act) if one is not already in force. In these circumstances it will not be a criminal offence for staff or professional visitors to bring mobile phones into open prisons if they disobey the local instruction.

Passing of List C Items to Prisoners

4.16 The bringing in of items listed under "List C" overleaf (tobacco, money, food, etc.) becomes an offence and will only need authorisation under these rules if the intention is to give one of these items to a prisoner. For example, there is no offence committed by bringing in money but there is an offence if the intention is to pass money to prisoners or money is actually passed to prisoners. In addition, there may be local prison rules prohibiting the

Page 13.

bringing in of some of these items or more than a certain quantity of these items. These local rules must still be adhered to.

4.17 Giving any of these items to a prisoner is an offence unless your normal duties are to give/sell these items to prisoners. There may be occasions when individual members of staff may wish to pass one of these items to a prisoner to assist the prisoner in some way. If staff need to give any list C item to a prisoner and it is not part of their job to do so they must seek specific authority from the governor (or person delegated to give authority by the governor). This authority need not be in writing as it is a simple clarification of normal duties and as such is covered by Crown Immunity. Governors and Directors of contracted out prisons may wish to delegate down this authorisation to, for example,line managers. It should be noted that bringing these items in with the intent of giving them to a prisoner has always been an offence under the previous Prison Act and Rules.

Special Cases

Solicitors

4.18 Solicitors and other legal advisers to prisoners have been issued with central authority to bring in sound recording devices to allow them to record interviews with their clients. There is, therefore, no need for prissons to issue local authorisations. These recording devices can be digital or mechanical devices. They must not contain a camera, video recorder or mobile phone. These devices must not be passed to prisoners. They must be logged on entry and again on exit to the prison to ensure that they are not left behind. The Law Society and Criminal Bar Association has been informed of this authorisation and associated restrictions.

4.19 Solicitors do not have central authority to bring in mobile phones other than at open prisons and only then if the local prison regulations allow this.

4.20 the bringing in of laptop computers is not at present an offence under this legislation as IT equipment ia a list C item and an offence is only committed if the intention of bringing in the item is to pass it to a prisoner. Solicitors will therefore follow current rules and regulations on bringing in IT equipment. Solicitors will, however, need local authorisation for bringing in disks and other IT storage media to pass directly to prisoners in cases where prisoners have been issued with Access to Justice laptops. In these cases it is recommended that the solicitor hands in the media to the prison for the prison to pass to the prisoner subject to the usual rule 39 confidentiality arrangements. Staff are not committing a criminal offence in doing this as they will have Crown Immunity for this action if part of local authorised procedures.

Ombudsman and Inspectorate Staff.

4.21 The Chief Executive of NOMS has asked the Ombudsman and Chief Inspector of Prisons to agree that they and their staff do not bring in mobile phones to closed prisons. They have also been asked to keep to the minimum that is essential for their work the bringing in of sound recording devices and cameras. Both the Ombudsman and HMCIP staff will of course wish to take away documents which may be considered "restricted documents" under this legislation. Subject to these voluntary restrictions both organisations have been granted authorisation outside of this PSO to convey in and out of the prison those items necessary for their work.

Delivery Drivers

4.22 Delivery vehicles are often required to drive directly into prisons and as such may be conveying unauthorised items. Central authorisations have been issued to allow delivery drivers to bring in, for example, controlled drugs to pharmacy.

Page 25.

ANNEX 4

Model information notices

NOTICE TO PRISONERS AND SOCIAL VISITORS

Conveyance of Unauthorised Articles and Other Related Offences

Amendments to the Prison Act coming into force in April 2008 now make it a criminal offence for certain items to be used, brought into or taken out of prisons.

i - to bring or throw any of the following items in or out of a prison or to leave any of the following items in any place (in or out of the prison) intending it to come into the possession of a prisoner or to give to a prisoner any of the following items:

(a) a controlled drug, an explosive, a firearm or other offensive weapon;

maximum penalty is 10 years imprisonment or an unlimited fine or both.

(b) alcohol, a mobile telephone, a camera or a sound recording device;

maximum penalty is 2 years imprisonment or an unlimited fine or both.

ii - to bring or throw any of the following items in or out of a prison with the intention of it coming into the possession of a prisoner or to leave any of the following items in any place (in or out of the prison) intending it to come into the possession of a prisoner or to give to a prisoner any of the following items:

(c) tobacco, money, clothing, food, drink, letters, papers, books, tools, IT equipment and associated peripherals;

maximum penalty is a £1000 fine.

iii - to take a photograph or make a sound recording within a prison or convey an official document or photograph or personal file in or out of a prison;

maximum penalty is 2 years imprisonment or a £1000 fine or both.

Criminal prosecutions will be pursued against those found to be in deliberate breach of the above provisions.

 

 

Issue No. 293

Issue date 26/03/08

 

 

 

 

 

 

 

 

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INFORMATION FOR PRISONS.

HOW TO GET OPVs INTO YOUR PRISON.

.

CAN THE NAOPV HELP YOUR PRISON?

.

PSO 4410

Section 5.