To ask the Secretary of State for Justice whether a positive mandatory drug test automatically results in the search of a prison cell. (317398)

The National Offender Management Service's National Security Framework (NSF) does not prescribe that a cell search should follow a positive mandatory drug test. Current NSF policy requires that cells must be searched using authorised national procedures set out in the document. The frequency of routine cell searching is a matter for local discretion and should be determined as part of local searching strategies to meet local security, control and resource needs of the establishment.

In addition, cell searches may also be conducted on an intelligence-led basis or on reasonable suspicion that an item of contraband is secreted within a cell.

To ask the Secretary of State for Justice what guidance has been issued on the procedure to be followed by prison service staff when a sniffer dog makes a positive indication of the presence of illicit drugs on (a) a visitor, (b) a contractor, (c) a prisoner and (d) a prison officer. (317399)

The National Offender Management Service (NOMS) Passive Drug Dog Guidelines, issued to all prisons, recommends that:

(a) and (b) when a passive drug dog indicates against a social visitor or contractor a repeat screen with the dog should be considered. Security staff should then question the visitor/contractor and investigate whether any further intelligence or evidence exists. If no further information exists, the visit can proceed but in closed conditions or the visitor can leave the prison. The prison’s police intelligence officer should also be informed. If no further information exists on a contractor, they can be permitted entry to the prison. If further evidence and/or intelligence exists, depending on its nature, the visitor/contractor may be full (strip) searched and/or the police may be called;

(c) when a passive drug dog indicates against a prisoner the prisoner should be full (strip) searched. If no substance is found the prisoner should be required to undergo a suspicion mandatory drug test. The prisoner’s cell should also be searched. If drugs are found the prisoner should be referred to the prison adjudication system. If drug finds are substantial, indicating intent to supply, the police may be called. Other evidence and intelligence will also be considered following which further administrative action may be taken;

(d) when a passive drug dog indicates against a member of prison staff the member of staff should be given a rub down search and asked to complete a questionnaire inquiring whether there is any reason why they may have come into contact with drugs. The member of staff should only proceed once all the information is verified. If drugs are found the police should be called.