Recommendation 164

HM Government · verbatim extract Deferred

The existing adjudications policy already allows Governors the discretion to award a suspended punishment in guilty findings, on the condition that the prisoner undertakes a rehabilitative activity, such as engagement with drug and alcohol treatment services. This approach rightly recognises the importance of disciplinary action following a positive test result, but also ensures this is balanced with opportunities for rehabilitation where appropriate. Work to promote further use of payback punishments and rehabilitative options in the management of prisoner behaviour across the estate is underway. NHSE and HMPPS will work in partnership to continue to promote and deliver rehabilitative options to address behaviours that drive illicit and problematic drug use. However, we do not consider it appropriate to go beyond the current powers and mandate the use of rehabilitative options in every disciplinary case. For many individuals, their needs have already been identified, and they may already be engaged in rehabilitative interventions or monitored for drug and alcohol use. Governors are best placed to determine what approach to take for each prisoner to balance punishment and support, including their willingness and readiness to engage with drug and alcohol interventions – recognising that patients must freely consent to treatment. Alongside taking appropriate action to manage prisoner behaviour, we must act rapidly to keep people safe where drug use is identified. Any prisoner identified as under the influence is automatically referred for a next-day urgent appointment with a drug and alcohol worker. Patients can also be referred to prison-based drug and alcohol treatment services at any time during their sentence and will be seen within 24 hours for urgent appointments.