Moved by
Earl Attlee
99: After Clause 172, insert the following new Clause—
“Facilitation of potting
(1) 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.
(2) 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.
(3) 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.”
Member’s explanatory statement
This amendment aims to establish a specific offence of “facilitating potting”, potting being the practice of throwing urine, excrement or ejaculate at prison staff.