V.02.R10.01 Notification of Court Protection orders
On receipt of the completed V.01.Form.01.01 Private Visitor Application – Adult Visitor or V.01.Form.01.02 Private Visitor Application – Child Visitor and where the nominated visitor or in the case of a child under 18, the child’s guardian has identified that the prisoner is the respondent in a Court order which may be either:
a Protection order under the Domestic Violence Act 1995, or
a Restraining order under the Children, Young Persons and Their Families Act 1989, or
a Restraining order under the Harassment Act 1997, or
a Non-contact order under the Victims’ Orders Against Violent Offenders Act 2014.
The applicant is not permitted to have any contact with the prisoner until the prison director is satisfied contact with the prisoner will not endanger the safety or welfare of any person (including the prisoner). A register is to be maintained of all protected persons when the prison director is advised or becomes aware that a prisoner is a respondent of an order (see C.01.Res.05 Protection orders register).
If the prison has been advised by a third party / external agency of the name, and / or, address of the protected person(s), the prison should request a copy of the Court order from the protected person, and the information contained in the order is to be used only for the purpose of:
managing the offender’s sentence and any post sentence conditions
protecting the protected person(s) by ensuring the Court ordered non-association and non-contact directions are enforced.
If in receipt of a copy of a Court order, prison staff must check the exact conditions of the order, to ensure the prison is taking all practicable steps to ensure the conditions of the order are met (these orders may contain conditions specific to the prisoner):
activate in IOMS a Protection Order Alert and enter into comments the date received and name(s) of the protected person(s)
update the Protected Persons Register by detailing the exact conditions of the order
where special conditions exist these must be entered in Offender Notes. Update IOMS – Protection / Restraining orders, of the existence of the Court order, and list the names and addresses (if known) of the “protected persons” and any conditions allowing specific forms of contact with the prisoner, i.e. written, verbal or physical contact. This information must not be made available to the prisoner as they may not know the current address of the “protected person”.
where the prisoner is the “protected person” there should be no contact between the person and the prisoner the Court order protects except in accordance with any special conditions of the order.
V.02.R10.02 Consent for visit between prisoner and adult protected person
Prisoner respondents must not directly mail out a Visitor application form to potential visitors. Prisoners will still commence the visits application process with the completion of V.01.Form.01.00 Request for Private Visitor Application. If the prisoner declares that a Court order exists then the request will not be processed because doing so would amount to a breach of the order.
The only way a prisoner may receive a visit from a protected person is if a variation exists permitting visits or if the protected person contacts the prison of their own volition and if the prisoner confirms that they want the protected person to visit them. The prison will then send out the appropriate application form to the protected person and must include the form V.02.R10.Form.01 Confirmation by protected person of willingness to visit a prisoner.
If the prison director is satisfied visits between the prisoner and the protected person will not endanger the safety or welfare of any person, the prison director may allow the protected person to visit the person the order is against.
Prison directors cannot refuse to allow an adult to visit a prisoner solely because there is a protection order in existence.
V.02.R10.03 Cancellation of visitor approval by prison director or protected person
The prison director may at any time deny approval for the protected person to visit the prisoner if they are satisfied continued visits will endanger the safety or welfare of any person.
If the prison director is satisfied that continued visits by the protected person will endanger the safety or welfare of any person, they will issue a V.01.Form.01.13 Visitor Prohibition Order.
See section V.01.07 Review of a denied application or an approval with conditions for process when visitor requests a review of a visit application decisions.
V.02.R10.04 Visits between a prisoner and people benefitting from a Court order who are minors
No contact in the first instance.
Even if conditions allowing contact apply no visits between any child of the applicant’s family covered by the Court order and the prisoner will be permitted without the express written consent of the children’s guardian. Each child applicant must make an individual application as is required in V.01.Form.01.02 Private Visitor Application – Child Visitor.
The prison director must request and receive a copy of the Court order before they consider the request for contact. This can be provided by either the Police or the applicant.
Before allowing visits by children covered in the Court order, the prison director must be satisfied that the conditions of contact will not endanger the safety or welfare of the child or any other person.
Under a Protection order, children of the applicant’s family are automatically covered although they will not be named in the order.