Police, Crime, Sentencing and Courts Bill

Lord Bishop of Durham Excerpts

Committee stage & Lords Hansard part one
Wednesday 20th October 2021 Lords Chamber

[Earl Attlee (Con)]

My Lords, I beg to move Amendment 9 standing in my name and that of the noble Lord, Lord Ponsonby of Shulbrede.

From time to time, it falls on this House and its committees to debate extremely distasteful matters. This will be one of those occasions. However, there are some euphemisms that we can utilise. We can use the term “relevant substance” to mean any substance mentioned in the proposed new Section 2A(1) of the 2018 Act. If we need to be more specific, we can refer to subsections (1)(b) and (1)(c) in the proposed new section. The type of assault in question is generally termed “potting”.

Let us suppose a dedicated and efficient junior official of Her Majesty’s Revenue and Customs is walking down the high street and he or she is assaulted by an aggrieved taxpayer. Suppose the assault is achieved by inverting a bucket containing the relevant substance on his or her head, or alternatively by using what I would call the “custard pie technique”. The Committee will appreciate that the distress caused to the junior official would be off the scale. The victim would be comforted, if that was possible, by the knowledge that the police would regard it as a very serious assault. There is no doubt that the police would go to great lengths to secure the evidence and that the CPS would invariably prosecute if the police produced the necessary evidence. If such an assault occurred, the Committee would expect to see extensive national media coverage, possibly with public statements made by the Home Secretary or the relevant chief constable.

I have to tell the Committee that this type of assault is not unusual in the prison service today, but a thorough investigation and prosecution does not invariably follow. In the event of such an assault, the Committee will completely understand the overriding desire of the prison officer or other victim to immediately get under a shower and wash off every drop of the relevant substance. Unfortunately, this may interfere with the evidence trail.

There are other difficulties associated with bringing the perpetrators of such an assault to justice. First, the police have numerous and conflicting priorities; I am afraid that they are often unable or unwilling to attach much priority to an assault of this type when the victim is a prison officer or governor, and the assault occurs within the secure estate. A further difficulty is that the CPS is apparently not very energetic in prosecuting these cases. Part of the problem may be the evidence trail that I have already referred to.

I should also point out to the Committee that there is a complex criminal infrastructure in most prisons. It can be that the prisoner carrying out the assault has no grievance himself but makes the assault on behalf of others. Often, this is because the prisoner who is “invited” to do the deed has no more time that can be added to his time in custody without being charged with a new offence. He could also be put under considerable pressure by other criminals to commit the offence. The Minister will doubtless correctly tell us that there are existing relevant offences, but without a specific offence, prosecution is less likely.

Furthermore, the existing offences do not catch preparatory acts; that is to say, intercepting the relevant substance. Of course, the person who commits this offence of interception could easily and certainly be identified. My amendment proposes a new offence of potting. It makes it clear that, if the substance looks or smells like the relevant substance, it is that substance. It makes it an offence within the custodial environment for anyone to intercept their own relevant substance, under new subsection (1)(b), with a tightly defined medical exemption. The lawful reason or excuse exemption is less constrained for relevant substances falling under new subsection (1)(c) for obvious and understandable reasons. Proposed new subsection 4 requires the CPS to notify the Lord Chancellor if it is decided not to prosecute on public interest grounds. I would like to make it clear to the Committee that the intention is to make the probability of prosecution and conviction very high, in order to completely deter such assaults.

We ask prison officers, governors and others to look after some of the most mad, bad and sad members of our society. Some, as we know, are just minor offenders, while others are particularly evil, devious and dangerous. We have a retention problem within the prison service; allowing this type of assault to go unpunished must surely have a negative effect on morale and retention. We owe it to those charged with such onerous duties to protect them so far as is possible from assaults of this nature—and indeed from any other. We can discharge our duty by ensuring that there is a high probability of prosecution and conviction for these offences. I beg to move.

[The Lord Bishop of Durham]

My Lords, I will speak to Amendment 11, in the name of my right reverend friend the Bishop of Gloucester, with her permission, as she is sadly unable to be here today. I declare her interest as Anglican bishop of prisons in England and Wales.

This amendment seeks to improve Section 3 of the Assaults on Emergency Workers (Offences) Act 2018 by expanding the definition of “emergency worker” to include all staff working in prisons. All those who work in prisons play a valuable role. However, currently, only officers and some healthcare staff are covered by this legislation and, as such, the risk for others working in prisons is increased, because prisoners are well aware of the more severe consequences of assaulting an officer compared with others working in prisons. Someone described this as effectively painting a target on their backs. This is an unintended consequence of the current legislation, which is unfair to many prison workers, undermines their safety and can be easily dealt with through this amendment.

The work of chaplains, educators and others who work in prisons is essential. They play a crucial role in the well-being and support of prisoners, in the work that underpins successful rehabilitation of offenders, and in maintaining a well-run and ordered prison. Prison chaplains, teachers, instructors and healthcare workers are vital vocations within the justice system. They need support and security to perform their roles well.

This amendment is supported by the Joint Unions in Prisons Alliance, and it has shared disturbing anecdotes from prison workers, as yet unsupported in law as emergency workers. One worker reported:

“Cutbacks in prison officers mean we are at greater risk than ever. I have been working in this environment for 10 years and have never known it so bad.”


Another noted:

“The prison is unsafe despite receiving an urgent notification last year—little has changed. We are running at significantly reduced numbers but there is no order or discipline in the jail. Staff assaults are an almost daily occurrence. One of my nursing staff was severely assaulted in the clinic room and I have a high level of staff receiving counselling due to fears around safety.”


A third said:

“I am a lone instructional officer in a textiles cutting and manufacturing workshop within an immigration removal centre. As a civilian, I don’t receive Control & Restraint training, carry a baton or wear a body-worn camera.”


Prison chaplains share in the front-line care of prisoners, providing pastoral and spiritual comfort. It is shocking that they might be seen as an easy target for physical assault. This is an account from a prison chaplain:

“I was leading some funeral prayers for an 18 year old. He was poorly and had had a hospital place to go to until a more needy child in the community got it. His Aunt Died and he requested funeral prayers. He was edgy as we moved to Chapel and I spent some time settling him before I led him through some prayers. As I was reading Ps23, I saw movement to the side. I remember asking myself ‘What happens if I am assaulted here?’. Momentarily later I was hit side on causing bruising to my face and bruising. I had some concern as I am currently on blood thinners. Staff back up was immediate, I had photographs taken and was taken out to hospital for a check-up. I then went home for the afternoon and returned into work the following day, I wanted to ‘get back on my bike and start pedalling!’. As a Priest Chaplain we speak about ministry through adversary, I can now stand alongside my uniform colleagues who are at risk every day from assault and understand better how to support them, because I have been there.”


Another said:

“As a Christian Chaplain I was assisting a visiting Imam to ensure that Friday Prayers was able to take place. Just as prayers were about to start I was asked by staff to go downstairs and speak to a prisoner who had not brought his ID card and was not therefore being allowed in. My intention was to ask his name and if his name had not already been ticked off on the list, to allow him in. When I arrived at the door the prisoner was extremely angry. He said he did not want to speak to me but would only speak to the Imam. I explained that it was a visiting Imam who would not be able to help him and that he was busy as prayers were about to start. He said that if he was not allowed in he would go back to the wing and ‘start smashing up staff’. I looked around to ascertain the whereabouts of staff and as I turned my head to the right I felt a blow to the left hand side of my head, knocking off my glasses and causing a cut to the side of my nose. He was immediately restrained by staff and taken to the segregation unit. I was attended to by healthcare staff. I remained on duty as the visiting Imam was a friend and I wanted to ensure that all went smoothly and that he was able to get off the premises after prayers.”


This chaplain received excellent care from colleagues working in the prison but should be supported through the law, as an emergency worker.

I would add that, in the last 12 months, I have spoken to two prison chaplains in my own area; one was assaulted and the other explained the fear they now face because of the amount of lone working they find themselves doing and how often there is no one nearby if something were to occur. It cannot be right that some front-line prison workers are protected while others are not.

In conclusion, prisons that are dangerous for staff are dangerous for prisoners too and disrupt the essential task of rehabilitation. Will the Minister give assurance that the Government are committed to making prisons safer working environments for all staff?

--- Later in debate ---

We have clear guidance in operation to ensure a consistent framework to deal with crime committed in prisons. I do not know whether my noble friend has seen the Crime in Prison Referral Agreement, published in May 2019. That makes it mandatory for any assault—except where there is little or no injury—including any instance of potting, to be referred to the police. The police will then look at the evidence and seek to charge the offender. When the matter does not go to court, it can be dealt with by an adjudication in prison, which can also add extra time in custody. In light of that, and for the reasons I hope I have explained clearly, the Government are not persuaded that this amendment is necessary. For those reasons, I urge noble Lords who tabled these respective amendments not to press them.

[The Lord Bishop of Durham]

I am sorry—I thought very carefully about whether I should intervene. I was genuinely so taken aback by the Minister’s reference to prisoners being included that I nearly leapt up immediately. The question was then asked, but I have tried to replay it in my head. I absolutely understand that the Minister meant no offence but, out of context, I fear how it might be understood by those workers, such as chaplains, tutors and so on. By, in a sense, lumping them together with prisoners who have been employed, it could easily be misheard outside this House. I know that was not the Minister’s intention, but I ask him to put on the record that it was not what he meant.

[Lord Wolfson of Tredegar (Con)]

I am extremely grateful for the opportunity to do that. As I am sure everybody recognises, that was not the point I was making. I appreciate that it was regarded as lame by some people, but the point that I sought to make was that the distinction and purpose of the amendment was to expand the definition from prison officers to other people working in prison. My point was that from the way in which it is drafted—and I appreciate that it could be redrafted—it could and would be read so broadly as to include prisoners who were doing jobs in prison. It was certainly not what I was saying to place prisoners doing jobs in prison with chaplains and others who are working in prison. I am grateful to the right reverend Prelate for giving me the opportunity to make that clear, if it was not already.