Powers And Responsibilities Flashcards
Who to the authority of arrest apply to? Can prisoners be arrested?
Prison officers on duty have the power of arrest.
Prisoners cannot be arrested as they have already had their liberty removed by a court warrant.
What is the arrest caution?
What else must a person be told when they’re arrested?
You do not have to say anything, but it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.
That they are under arrest and for what
What is the prison service required to do in regards to the Equality Act 2010?
To have due regard to the need to:
- Eliminate discrimination
- Advance equality of opportunity
- Foster good relations between different people when carrying out their activities
What are the 9 protected characteristics in the Equality Act?
Disability Race Gender reassignment Religion and belief Age Marriage and civil partnership Pregnancy and maternity Sexual orientation Sex
What is meant by a hate crime?
An offence is considered a hate crime if the victim or any other persons considers it was motivated by hostility towards any of the 9 characteristics
What is the definition of corruption? What does it involve for a prison officer?
Corruption occurs when a person in a position of authority or trust abuses their position for their or another person’s benefit or gain
For a prison officer, corruption involves misuse of their role to plan or commit a criminal act, of a deliberate failure to act as they should
What are the two laws that set out prison officers’ duties regarding corruption?
The Offender Management Act
The common law offence of misconduct in a public office
Give at least 5 examples of offences within the Offender Management Act
1) Conveying into or out of prison without authorisation: firearm and ammunition; any other offensive weapon; drugs; alcohol; mobile phones and accessories; IT equipment; tobacco.
2) Staff assisting with escape
3) The unauthorised/inappropriate categorisation/allocation/transfer of prisoners
4) Bribery
5) Blackmail
6) Conspiracy to pervert the course of justice
7) Unauthorised disclosure of information
8) Theft
9) Fraud
10) Inappropriate sexual, emotional, personal or financial relationships with prisoners
11) As above but with prisoners’ friends, family or associates
12) Overstepping the boundaries
13) Disclosure of personal details of self and others
14) Writing letters or calling to/from current or ex-prisoners
15) Meeting with prisoners or ex-prisoners outside work
16) Consensual sex with prisoners
17) Abusive relationships/forced sexual activity
What items are illegal to convey into prison?
Firearm and ammunition; any other offensive weapon; drugs; alcohol; mobile phones and accessories; IT equipment; tobacco.
Give at least 3 examples of misconduct in a public office
Failure to stop an assault Unauthorised disclosure of information Giving information to the media Giving information about prisoners’ offences Giving details of planned searches or escorts Falsifying documents or signatures Payment for prison places Perverting the course of justice Blackmail or Bribery Assisting escape
What is considered misconduct in public office?
When someone in public office ‘wilfully neglects go perform their duty and/or wilfully misconducts themselves- amounting to an abuse of public trust’
Give at least 5 methods the HMPPS recommends for avoiding being corrupted
Be friendly but not friends
Remember boundaries
Keep a professional distance
Do not disclose financial or any other kind of vulnerability
Report vulnerability and conflicts of interest
Put personal beliefs aside and remember the HMPPS stance, especially in relation to drugs and phones
Think about your emotional reaction to attempt to condition e.g. flattery or intimidation
Report any approaches by prisoners
Know the signs
Seek support
Support colleagues
