Guidance

Annex A: Mandatory Crime Referral Criteria

Updated 27 September 2023

Applies to England and Wales

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This publication is available at https://www.gov.uk/government/publications/handling-crimes-in-prison-protocol/annex-a-mandatory-crime-referral-criteria

The crimes below must be reported to the police for investigation:

  • murder, attempted murder, and manslaughter

  • rape and attempted rape

  • sexual offences against staff or prisoners[1]

  • threats to kill, where evidence of intent exists or there is intelligence to believe there is a threat to life or serious harm

  • offences involving the use of a serious degree of violence or serious threats of violence

  • offences resulting in serious injury and that:
    1. Results in detention in outside hospital as an inpatient
    2. Requires medical treatment for concussion or internal injuries, or
    3. The injury is a fracture, scald or burn, stabbing, crushing, extensive or multiple bruising

  • assaults against a member of staff, except where there is little or no injury (see Annex C)

  • offences involving the throwing of bodily fluids (“potting”) when it has hit a member of staff in the face or head

  • unlawful imprisonment (hostage taking) unless there is proof of collusion between the hostage taker and alleged victim

  • riot and offences of serious disorder, including prison mutiny

  • any escape from an establishment or secure escort

  • any abscond which the prisoner remains at large for more than 24 hours

  • misconduct in Public Office

  • robbery, involving the use or threat of serious violence or weapon

  • possession with intent to supply drugs by prisoners, visitors, or staff (including psychoactive substances)

  • possession of drugs by visitors or staff (any class of drugs or any quantity, including psychoactive substances or tobacco which is mixed with drugs).

  • conveyance into or out of a prison by any person, of other List A[2] items, namely explosives, firearms, ammunition, or offensive weapons

  • mobile phones or component parts found in the possession of, or identified as belonging to, prisoners identified as high-priority either through the Prisoner Risk Assurance Service (PRAS) or subject to Lifetime Offender Management (LOM)[3] or prisoner convicted of a TACT or TACT-connected offence

  • mobile phones found in possession of visitors or staff where intelligence or evidence suggests an intent to supply to prisoners

  • any incident of breach or attempted breach of a restraining order or injunction by a prisoner

  • any offence amounting to terrorism, or any offence by a prisoner convicted of a TACT or TACT-connected offence must be referred to the police. Guidance and mandatory actions are provided in Annex B

  • any attempts to commit the above offences, or criminal conspiracies to do so

[1] Where sexual abuse is reported that is non-recent, not taken place in a prison environment and there are no live safeguarding risks, reporting would normally be victim-led through normal reporting channels. ‘Non-recent’ abuse is defined as having taken place more than a year before it is reported.

[2] As defined by PSI 10/2012 - Conveyance and possession of prohibited items and other related offences (publishing.service.gov.uk)

[3] Mobile phones found in possession of or identified as belonging to other prisoners can be referred in there is a compelling reason to do so (see Annex C).

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