managing indeterminate sentenced offenders on licence · managing indeterminate sentenced offenders...
TRANSCRIPT
MANAGING INDETERMINATE SENTENCED OFFENDERS ON LICENCE
This instruction applies to :- Reference :-
Providers of Probation Services
PI 08/2015
Issue Date
Effective Date Implementation Date
Expiry Date
4 March 2015 4 March 2015 3 March 2018
Issued on the authority of
NOMS Agency Board
For action by All staff responsible for the development and publication of policy and instructions
NOMS HQ National Probation Service (NPS) Community Rehabilitation Companies (CRCs) Other Providers of Probation and Community Services Heads of Groups NOMS Rehabilitation Contract Services Team
Instruction type Service Improvement/ Legal Compliance For information Supervising officers
Victim Liaison Officers and Victim Unit Managers Provide a summary of the policy aim and the reason for its development / revision
This instruction is intended to provide a guide to the tasks unique to indeterminate sentenced offenders to aid Supervising Officers in the National Probation Service in supervising those types of offenders. It also covers information on the suspension and termination of these types of licences.
Contact For general enquiries: Brian Chapman - Licence Conditions Senior Policy Manager. Email: [email protected] Tel: 0300 047 4424 For ISP related issues: Polly Churcher – ISP Policy Lead. Email [email protected] Tel: 0300 047 4426 For victim related issues: Laura Toze - Head of Victims and Safeguarding Team. Email: [email protected] Tel: 0300 047 4428 For licence variations (pre-release): James Hough Email: [email protected] or [email protected] Tel: 0300 047 4475 For licence variations (post-release): Sajjda Zafar Email:[email protected] Tel: 0300 047 4559 For Suspension of Supervision Element of ISP Licences/Re-imposition of ISP licence conditions and Termination of IPP licences Email: pre-releaseteamb@noms,gsi.gov.uk
Associated documents
PI 18/2012 - PSI 36/2012 - Generic Parole Process (GPP) amended to incorporate Electronic Working”. PI 11/2014 - Licence Conditions, Polygraph Examinations and Temporary Travel Aboard PI 27/2014 - PSI 30/2014 – Recall, Review & Re-Release of Recall Offenders.
Replaces the following documents which are hereby cancelled:- Chapter 13 PSO 4700 – Indeterminate Sentence Manual; PC 05/2009 - Reporting Arrangements for Offenders Released on Life Licence. All hard copies of these Instructions must be destroyed. Audit/monitoring:- The Director of NPS in England, Director of NOMS in Wales and NOMS Director of Rehabilitation Services for CRCs will monitor compliance with the mandatory requirements in this instruction. NOMS contract management will hold providers to account for delivery of mandated instructions as required in the contract. Notes:- All Mandatory Actions throughout this instruction are in italics and must be strictly adhered to.
PAGE 1
PI 08/2015 ISSUE DATE
Contents Hold down “Ctrl” and click on section titles below to follow link Section Subject For reference by:
1 Executive Summary
1.1 Background
1.3 Desired outcomes
1.4 Application
1.8 Mandatory actions
1.9 Resource impact
2 Managing Indeterminate Sentenced Offenders in the Community
2.4 Record of Progress under Supervision
2.5 Variation of licence conditions
2.6 Suspension of Supervision Element of Indeterminate Licences
2.12 Suspension of Victim Related Licence Conditions
2.14 Re-imposition of ISP Licence Conditions
2.16 Termination of IPP Licences
2.18 Retention of Records
Annex A Example of an ISP Licence (Not to be used as a template)
National Probation Service staff who are managing indeterminate sentenced prisoners in the community.
04/03/2015
PAGE 2
PI 08/2015 ISSUE DATE
1. Executive Summary Background 1.1 Information regarding the post-release management of indeterminate sentenced prisoners
(ISPs) was previously split across a number of instructions with the majority of the information stored in Chapter 13 of PSO 4700, the ISP Manual. However, some of the instructions in that chapter of the PSO were tasks designated for probation staff. The information on the suspension and cancellation of licences for ISPs was contained in Probation Circular 29/2007, but has not been included in more recent instructions.
Desired outcomes 1.2 The aim of this Instruction is to ensure that supervising staff work within the defined roles.
Because of the inclusion of the criteria which previously appeared in PSO 4700, it is hoped this will lead to better informed decisions when considering whether or not to suspend the licence conditions of an ISP.
1.3 It is also intended to clarify the process for suspending the supervision requirements of the
life or IPP licence and to stipulate that the general “good behaviour” and “further offence” conditions must always be retained. All other conditions may potentially be suspended when the relevant criteria are met (with additional consideration applied to victim-related conditions) but these two conditions must remain.
Application 1.4 This Instruction should be read in conjunction with the general instruction for offenders on
licence, PI 11/2014 “Licence Conditions, Polygraph Examinations and Temporary Travel Abroad”. Where practice differs for ISPs, such as licence variation requests going through the Public Protection Casework Section (PPCS), reference should be made to this instruction instead of PI 11/2014.
1.5 This Instruction is intended to be read by Probation staff who supervise ISPs in the
community. As all of these offenders will be managed by the staff of the National Probation Service (NPS), the guidance in this document does not apply to offenders managed by Community Rehabilitation Companies. It should be noted that Annex A is only for illustration purposes and should not be used by staff to produce their own licences.
1.6 Victim Liaison Unit Managers and Officers should be aware of the sections covering the
suspension of licence conditions for offenders subject to either an IPP (Imprisonment for Public Protection) sentence, a DPP (Detention for Public Protection) or a life sentence, and the termination of IPP licences. When explaining an indeterminate sentence to a victim, it is best practice to make reference to these practices so that if and when a licence is suspended or terminated in a specific case it is not unexpected by the victim.
1.7 Where available, all forms and records should be completed and stored electronically with
regard to the principles of e-working. Mandatory actions 1.8 Managers in the NPS must ensure that staff are aware of, and comply with, the mandatory
requirements which are summarised below:
The NPS must have a process in place for reporting on the progress of offenders serving indeterminate sentences released into the community at times of significant change and for assuring the quality of reports on ISPs in the community.
04/03/2015
PAGE 3
PI 08/2015 ISSUE DATE
Any requests for variations to licence conditions for ISPs must be reviewed by the Local Head of NPS in the region before being sent to the relevant licence variation team in PPCS.
The appropriate form (NAT Req Canc of Sup Req of L-IPP Licence) within the
NDelius application must be completed and sent to PPCS when considering either suspension of the supervisory element, re-imposition of conditions or the termination of an IPP/DPP licence as per the relevant sections in Part 2 of this instruction.
When considering whether an ISP offender is suitable to have their overall
supervision on licence suspended, Supervising Officers must consider evidence to demonstrate each of the criteria in 2.9.
The “good behaviour” and “further offence” conditions on an IPP or life licence must
not be suspended. Where the suspension of licence conditions is being considered for an ISP who has
victim related conditions on their licence, the Supervising Officer must discuss whether these remain necessary with the relevant Victim Liaison Officer. Where this is the case, any request to suspend the victim related licence conditions will be passed by PPCS to the head of the Offender Management and Public Protection Group (OMPPG) for review.
Records of an ISP must be kept open until the death of that offender, or until the
licence period has been terminated for IPP/DPP offenders. This includes ensuring records are not disposed of during any period where the supervision on licence has been suspended. PPCS must be informed upon the death of any ISP offender.
Resource Impact 1.9 This instruction updates the previous instructions and combines them so that they are
made more easily available for supervising officers. There are no policy changes being introduced by this instruction and so there is no expectation that this will have any impact on resources.
(Signed) Digby Griffith Director of National Operational Services, NOMS
04/03/2015
PAGE 4
PI 08/2015 ISSUE DATE
2. Managing Indeterminate Sentenced Offenders in the Community 2.1 All ISPs are released on licence issued under section 28(5) of the Crime (Sentences) Act
1997. For life sentenced prisoners, the licence remains in force for the rest of the individual’s life, while for those sentenced to Imprisonment for Public Protection (IPP)/Determination for Public Protection (DPP), the licence will be in force until its termination (see paragraph 2.17). The licence will contain a number of standard conditions, and may also contain conditions from the additional or bespoke licence conditions as specified in PI 11/2014 - Licences Conditions, Polygraph Examinations and Temporary Travel Abroad. Further information on the process for requesting licence conditions for ISP offenders prior to their release is contained in PI 18/2012 - PSI 36/2012 - Generic Parole Process (GPP) amended to incorporate Electronic Working.
2.2 The licence for an ISP contains the standard licence conditions, plus a further standard
condition specified by section 31(2a) of Part 2 of the Crime (Sentences) Act 1997. This condition reads:
He/She shall place himself/herself under the supervision of whichever supervising
officer is nominated for this purpose from time to time. 2.3 For offenders subject to life sentences and IPP/DPP sentences, the licence may be
revoked and the licensee returned to prison at any time if it is considered that the licensee presents an unacceptable risk to the safety of the public. Further information on the recall considerations and process for ISP is available in PI 27/2014 - PSI 30/2014 – Recall, Review & Re-Release of Recall Offenders.
Record of Progress under Supervision 2.4 Supervising Officers will be required to complete and prepare progress reports in respect of
all ISPs on licensed supervision in the community and to update OASys. There is no set timeframe for these reports; instead they should be produced in accordance with any significant change in circumstances for either the offender or their management. It is also appropriate to produce a report prior to handover if a change in Supervising Officers is about to occur. The template for these reports (NAT Progress Report to Lifer Team - Post Rel Section) is available on NDelius. Quality assurance arrangements must be in place locally to ensure that reports are produced to a satisfactory standard. Once created, these reports should be stored locally, as they are used to evidence the offender’s sustained progress in the community when later considering a suspension or termination of the licence.
Variation of licence conditions 2.5 Any request to vary the licence conditions for an offender subject to an indeterminate
sentence must first be endorsed by the Local Head of NPS in the region. The relevant form (NAT Req for Variation of LL-IPP licence) on NDelius must be completed and sent to the Post-Release Casework Section in PPCS (emailed to [email protected]). The request and a dossier of relevant documents will then be sent to the Parole Board to consider, and if the Board agree the changes then PPCS will issue the variation order and new licence.
Suspension of Supervision Element of Indeterminate Licences 2.6 It is for the independent Parole Board to determine the licence conditions for an ISP
offender. A Supervising Officer may give consideration to seeking the suspension of the supervision elements of a life or IPP licence, and where appropriate any additional conditions of the licence, due to good progress. This may only take place after a minimum of 10 years of satisfactory compliance in the community for sex offenders, noteworthy
04/03/2015
PAGE 5
PI 08/2015 ISSUE DATE
cases or offenders convicted of the murder of a child. The PPCS caseworker will confirm whether an individual case is a noteworthy one, as there are a set of criteria that the offender may meet, including but not limited to: it is a high profile case, there are active victim issues which may attract national media attention, or the offender has a conviction for a terrorism/extremism related offence.
2.7 For those convicted of any other type of offence, a minimum period of four years in the
community applies. It must be remembered that these are the minimum timeframes and should not be expected to be the exact point at which a review should be conducted. The Supervising Officer will determine at what stage consideration of the suspension of supervision is appropriate; it is an assessment the Supervising Officer undertakes and not something an offender can apply for. Each case must be reviewed on an individual basis against the criteria in 2.9.
2.8 There is no requirement to review a case at specific points in the case (such as the 10/four
years referred to above). It is expected that a Supervising Officer will be familiar enough with the criteria to naturally recognise them in a case as they arise. In addition, it must also be remembered that this is a suspension of supervision, and the licence conditions may be reinstated at any point during the licence period. It is not a permanent revocation/termination of the licence.
2.9 For the Supervising Officer to be able to recommend suspension of the supervisory
element, it requires evidence of each of the following:
a stable lifestyle, good integration, a balanced outlook and an open relationship with the Supervising Officer;
gradual reduction in the requirement for contact with the NPS; crises, if any, having been faced and dealt with sensibly, with proper involvement of
the Supervising Officer; an indication that the licensee would turn to the NPS for assistance on a voluntary
basis if necessary. 2.10 There are two standard licence conditions which must not be suspended as part of the
overall suspension of an ISP licence. These are the “good behaviour” condition and the “further offence” condition as follows:
He/She shall be well behaved and not do anything which could undermine the
purposes of their supervision, which are to protect the public, prevent them from re-offending and help themselves re-settle successfully into the community.
He/She shall not commit any further offence.
These must always remain on the licence, even where all other conditions are suspended.
2.11 When the Supervising Officer wishes to apply for the suspension of the supervisory
element of the licence, they should complete a copy of the relevant form (NAT Req Canc of Sup Req of L-IPP Licence) on NDelius and send it to PPCS for review. Should the PPCS caseworkers have any concerns over the application, then they will respond to the Supervising Officer before the request is sent to the Parole Board. Once they are content, the decision is then passed to the Parole Board to decide whether the application meets the requirements in 2.9.
Suspension of Victim Related Licence Conditions
04/03/2015
PAGE 6
PI 08/2015 ISSUE DATE
2.12 Where there are victim related conditions such as exclusion zones and non-contact
requirements, these must not be suspended simply because the other supervisory elements are, and the Victim Liaison Officer (VLO) in the case must be consulted to ascertain if they are still required. Any requests to suspend licence conditions as part of the overall suspension of an ISP licence which has active victim involvement must be approved by the Head of OMPPG.
2.13 If there are additional conditions relating to victims on the indeterminate licence, the
Supervising Officer must liaise with the VLO to include any relevant information about those extra conditions and recommend whether or not the additional conditions should be suspended. For example, the victim’s and/or their family’s views on the suspension of the related condition must be provided in cases where ‘no contact’ conditions or victim related exclusion zones are involved. It is possible to suspend all of the supervisory conditions but retain conditions necessary for the ongoing protection and well-being of a victim and/or their relatives. The necessity and proportionality of retaining any non-supervisory condition must always be considered.
Re-imposition of ISP Licence Conditions 2.14 Following the suspension of the supervisory element of the indeterminate licence, the
supervisory conditions may be re-imposed at any time during the ongoing period of the licence should circumstances warrant it. The former Supervising Officer must send to Team B in PPCS (contact details on front cover of instruction) a report of any incident involving an indeterminate licensee that comes to their attention which suggests that the conditions should be re-imposed, or that the licensee should be recalled to custody.
2.15 For example, it may be necessary to re-impose supervisory conditions if there has been a
conviction for a further offence, or the licensee’s domestic circumstances or mental condition have become unstable but where recall to prison does not appear to be necessary on the grounds of public protection.
Termination of IPP/DPP Licences 2.16 In the case of those offenders released after serving a sentence of IPP/DPP, section 31A of
the 1997 Act allows for the offender to apply to their Supervising Officer for the release licence to be terminated by the Parole Board after they have spent 10 years in the community following release from custody. These applications must be sent to TEAM B in PPCS using the form (NAT Req Termination of IPP Licence) on NDelius. If the caseworkers in PPCS have any queries regarding the application then they will respond to the Supervising Officer before they send it to the Parole Board. Once they are content, they will send it to the Parole Board. If the Parole Board is satisfied that it is no longer necessary for the protection of the public that the licence should remain in force, they may terminate the licence. If not terminated, Parole Board consideration can be applied for at yearly intervals thereafter.
2.17 Once an IPP/DPP licence has been terminated, the offender will not be subject to recall,
and unlike the suspension of supervision, all of the licence conditions are terminated and may not be re-imposed.
Retention of Records 2.18 Regardless of whether or not the conditions have been suspended, NPS records on life
sentence licensees must be retained until the death of the licensee is confirmed. Pre-Release Team B (contact details on front cover) in PPCS must then be informed by the Supervising Officer in order to archive the centrally held record, at which point PPCS will confirm that the local file can also be archived.
04/03/2015
PAGE 7
PI 08/2015 ISSUE DATE
2.19 In IPP/DPP cases the records must be retained until their licences have been terminated
(see 2.15) and the records should then be archived as per local arrangements for offender records. Should an IPP offender die before the termination of their licence, then the procedures in 2.17 must be followed.
04/03/2015
PAGE 8
PI 08/2015 ISSUE DATE 04/03/2015
ANNEX A The following licence should not be used as a template by prison staff but is instead included as a demonstration so that supervising officers can note the differences between this and a licence template for a determinate sentenced offender.
LICENCE
Crime (Sentences) Act 1997
The Secretary of State hereby authorises the release on licence within fifteen days of the date hereof of FULL NAME IN BOLD CAPS who shall on release and during the period of this licence comply with the following conditions or any other condition, which may be substituted or added from time to time. 1. He/She shall place himself/herself under the supervision of whichever supervising
officer is nominated for this purpose from time to time.
2. He/She shall be well behaved and not do anything which could undermine the
purposes of their supervision, which are to protect the public, prevent them from re-offending and help themselves re-settle successfully into the community.
3. He/She shall not commit any further offence. 4. He/She shall keep in touch with their supervising officer in accordance with any
instructions that you may be given. 5. He/She shall, if his/her supervising officer so requires, receive visits from that officer
where the licence holder is living.
6. He/She shall reside as directed by his supervising officer at [insert release address] and must not leave to reside elsewhere without obtaining the prior approval of his/her supervising officer; thereafter he/she must reside as directed by his/her supervising officer.
7. He/She shall undertake work, including voluntary work, only where approved by
his/her supervising officer and shall inform that officer of any change in or loss of such employment.
8. He/She shall not travel outside the United Kingdom, Channel Islands and Isle of Man
without the prior permission of his/her supervising officer.
Unless revoked this licence remains in force indefinitely.
(Name of Head of Casework) on behalf of the Secretary of State
month/year
PAGE 9
PI 08/2015 ISSUE DATE
Prison number/ NOMIS number Supervising Officer:- Full Name and address Notes Subject to the provisions of section 31 and 32 of the Crime (Sentences) Act 1997 - (1) the conditions of this licence may be varied or cancelled or further conditions may be
added by the Secretary of State in accordance with the recommendations of the Parole Board;
(2) the Secretary of State may revoke the licence at any time.
04/03/2015