CIRC 105: POLICE, CRIME, SENTENCING AND COURTS BILL

As you are aware the POA NEC have been briefing cross party MPs and Lords on issues that affect POA members in relation to the above proposed Bill. On behalf of the POA I have met on several occasions with Earl Attlee in the House of Lords who has turned out to be amongst others a key ally of the POA and he is attempting to amend the Police, Crime, Sentencing and Courts Bill to give greater protection to prison staff against cowardly and disgusting “potting” assaults. His original amendment after being briefed by the POA was debated in October 2021 (please see www.tinyurl.com/pottingdebate for the transcript) but this was tactically withdrawn after the Government claimed it was unnecessary because such assaults are already covered in law.

However, Earl Attlee intends to bring a similar amendment back at the next stage, which commences in the New Year. In order to secure maximum Parliamentary support, his new amendment focusses on prisoners who help facilitate such attacks by contributing their own bodily substances – which is not currently a crime – by establishing a new offence of “facilitation of potting”.

To inform this important debate going forwards and to highlight how much of a problem potting is to Peers who may never have heard of it before, I would be grateful if members who have suffered this kind of vile attack could provide testimonials of their experiences. It would be especially useful if you could explain how such attacks have made you feel personally and whether you think the perpetrators (including those who may have helped prepare the attack) were suitably dealt with. These testimonials will then be distributed anonymously to our allies in the House of Lords for use in the debate.

We have an opportunity here to change the law to better protect POA members, and I urge you all to take advantage of this if you have been affected by potting. Please email charley.allan@parliament.uk no later than 31^st December 2021 with your testimonial. As you know Charley Allan is the POA parliamentary liaison and advisor and I would like to thank him, Earl Attlee and all our parliamentary allies for their continued support in this matter 

The text of the new amendment is as follows;

EARL ATTLEE

After clause 172, insert the following new clause – “Facilitation of Potting

• A person commits an offence of facilitation of potting if the person – (a) is in custody and causes or permits their own urine or excrement to be intercepted without lawful reason or excuse, or (b) is in custody and causes or permits their own ejaculate to be intercepted without lawful reason or excuse.

• For the purposes of subsection (1) (a), only in exceptional circumstances may the court accept a defence of “lawful reason or excuse” in the absence of evidence of a prior direction by a clinically qualified person.

• A person guilty of an offence to which this section applies is liable – (a) on summary conviction, to imprisonment for a term not exceeding 12 months; (b) on conviction on indictment, to imprisonment for a term not exceeding 2 years.

This amendment if successful aims to establish a specific offence of “facilitating potting” potting being the practice of throwing urine, excrement, or ejaculate at prison staff.

I look forward to receiving testimonials in order to evidence to parliamentarians this disgusting practice and to make it a particular criminal offence. The POA will continue our parliamentary work on your behalf to ensure we do everything in our power to protect POA members in the workplace.

 

Yours sincerely

STEVE GILLAN
General Secretary