CASE TRANSFERS: FOR OFFENDERS SUBJECT TO STATUTORY SUPERVISION EITHER PRE-RELEASE FROM CUSTODY OR WHILST COMPLETING AN ORDER OR LICENCE

This instruction applies to:- Reference:-

Providers of Probation Services PI 07/2014

Issue Date Effective DateImplementation Date

Expiry Date

30 November 2019(4th Revision)

14th March 2018 N/A

Issued on the authority of

HMPPS Agency Board

For action by All staff responsible for the development and publication of policy and instructions

HMPPS HQ National Probation Service (NPS) Community Rehabilitation Companies (CRCs) Other providers of Probation and Community Services Heads of Groups HMPPS Community Interventions

Instruction type service improvementFor information All staff Provide a summary of the policy aim and the reason for its development / revision

This Instruction covers the arrangements for the transfers of offenders subject to statutory supervision either pre-release from custody or whilst completing an order or licence between Community Rehabilitation Companies (CRCs) and between the National Probation Service (NPS). It covers the transfer requirements for cases from the CRC which are subject to risk escalation review to the NPS and should be read in conjunction with PI 57/2014 – PSI 41/2014 “Process for CRCs to refer cases in the community to NPS for Review/Risk Escalation Review”. This instruction sets out the requirements for the transfer of offenders in and from other UK jurisdictions.

Update 2018. This instruction has been updated to include Guidance on the transfer of Community Orders and Suspended Sentence Orders between England & Wales, Scotland and Northern Ireland which can be found at Annex C.

Update November 2019 – The instruction has been updated to take account of the unification of Offender Management in Wales from the 30th November 2019. An additional bullet point has been added at 1.6 and a corresponding Annex D to outline the requirements when cases transfer between England and Wales

Contact Neil Stone Neil.Stone@justice.gsi.gov.uk

Associated documents

PI 05/2014 - PSI 14/2014 Case Allocation PI 06/2014 Enforcement of Community Orders and Suspended Sentence OrdersPI 27/2014 – PSI 30/2014 – AI 22/2014 Recall Review & Re-Release of Recall Offenders PI 32/2014 Approved Premises PI 57/2014 - PSI 41/2014 Process for CRCs to refer cases in custody or the community to National Probation Service for Risk Review including escalationPI 07 2015 PSI 08 2015 Permanent resettlement outside England and wales of offenders subject to post-release supervision.

Target Operating Model v3Replaces the following documents which are hereby cancelled: - PI 17/2010

Audit/monitoring: - Director of NPS in England, Director HMPPS in Wales and HMPPS Director of Rehabilitation Services for CRCs will monitor compliance with the mandatory actions set out in this instruction.Notes: All Mandatory Actions throughout this instruction are in italics and must be strictly adhered to.

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CONTENTS

Section Subject For Reference by 1 Executive Summary

All staff in CRCs who manage offenders subject to community orders, suspended sentences

and pre and post release supervision.

All staff in NPS who manage offenders subject to community orders, suspended sentences

and pre and post release supervision.

1.1 Background1.4 Desired Outcomes1.5 Application1.6 Mandatory Actions1.7 Resource Impact2 Operational Instructions2.1 Pre-release transfers2.7 Pre-release short notice transfers2.8 MAPPA Cases2.10 Referrals or Placements in Approved Premises

and Other Accommodation Providers

2.12 Recall of Offenders Subject to Licence Conditions

2.13 Transfers of Offenders subject to Community Orders or Suspended Sentence Orders who have a duty to seek permission to change residence (Post implementation of ORA 2014)

2.21 Post-release or Community Sentence Transfers (Legacy Cases Pre-ORA 2014)

2.28 Prolific & Priority Other Offenders/IOM Offenders

2.30 Sexual Risk Orders and Sexual Harm Prevention Orders

2.31 Serious Crime Prevention Orders 2.32 Temporary Transfers 2.35 Substance Misuse Treatment Requirements

3 Foreign National Offenders4 Case Transfers (Payment Mechanism)

Annex A Letter(s) re decision following request to change address

Annex B Process chart for the transfer of Sexual Prevention Orders and Sexual Harm Prevention Orders to the National Probation Service.

Annex C Guidance on the transfer of Community Orders and Suspended Sentence Orders between England & Wales , Scotland and Northern Ireland

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1. E xe cutive Summary

Background

1.1 The provision of probation services is now delivered by the National Probation Service (NPS) and Community Rehabilitation Companies (CRCs). This instruction sets out the new pro-cedures for the transfer of cases between CRCs; between CRCs and the NPS following risk review, and within the NPS.

1.2 This instruction is updated to include the provisions of the ORA 2014 with regard to the duty on any offender subject to a community order or suspended sentence order (which does not include a residence requirement under s206 of CJA 2003) to seek permission of the re-sponsible officer or the court before changing their place of residence. This duty to seek permission applies only to offenders who are convicted of offences that are committed on or after commencement of the relevant part of the ORA 2014. The duty to seek permission relates to transfers both within NPS divisions & CRC areas and for transfers out of division/area. In addition, this instruction sets out the requirements for the transfer of of-fenders in and from other UK jurisdictions. This instruction should be read in conjunction with PI 57/2014 - PSI 41/2014 Process for Community Rehabilitation Companies to refer cases in custody or in the community to National Probation Service for Risk Review includ-ing escalation Review.

1.3 For the purposes of this Instruction the term ‘Responsible Officer’ is used. The Responsible

officer must be (a) an officer of a provider of probation services, or (b) a person responsible for monitoring the offender in accordance with an electronic monitoring requirement im-posed by the relevant order as defined by Section 197 of the CJA 2003.

Desired outcomes

1.4 This instruction aims to ensure that:-

Common procedures are used for the transfer of cases based on clear key principles

There are clearly defined expectations to ensure effective management of cases during transfer between CRCs and from the CRC to NPS and within NPS

Application

1.5 This instruction applies to all staff in both NPS and CRCs who are required to read this instruction so that they are familiar with and follow the correct processes and mandatory actions relating to the case transfer of offenders

Mandatory actions

1.6 A) When transferring an offender to another CRC the CRC initiating the transfer must ensure that:

the transfer of an offender between CRCs is done in a timely manner the rationale for the approval of the transfer between CRCs is recorded each transfer of an offender to the NPS is agreed with the NPS in writing (as part of

the risk review and risk escalation process) ensure that the proposed home address of the offender is suitable and that the

receiving CRC has undertaken an assessment of suitability prior to transfer the transfer must be approved at the appropriate Managerial level where the offender is subject to a community order or suspended sentence order

ensure permission to change their place of residence has been agreed by the

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Responsible Officer or Court and recorded in the case record (Post ORA 2014 cases only see section 1.2).

B) When accepting the transfer of an offender the receiving CRC must:

follow local safeguarding procedures in relation to children and vulnerable adults when assessing the appropriateness of a transfer

ensure that each offender transferring into the CRC is accepted in a timely manner and that the continuity of offender management is retained

the rationale for the approval of the transfer between CRCs is recorded fully cooperate with the NPS as required to undertake the case transfer of an

offender who is transferring in from a Youth Offending Team and that it is undertaken in a timely manner and in line with the Y2A Framework

the transfer must be approved at the appropriate managerial level.

C) When transferring a case between NPS LDU clusters and NPS divisions the NPS must:

ensure that the transfer is completed in a timely manner assess the suitability of the proposed home address of an offender transferring

permanently or temporarily the rationale for the approval of the transfer is recorded the transfer must be approved at Head of NPS to Head of NPS level or where

appropriate and agreed by the NPS division, a delegated authority the transfer of Life Sentence, and Indeterminate Public Protection, offenders must

be approved at Head of NPS to Head of NPS level where the offender is subject to a community order or suspended sentence order

ensure permission to change their place of residence has been agreed by the Responsible Officer or Court (Post ORA 2014 cases only see section 1.2)

D) The NPS will accept immediately any case from a CRC which has been subject to a risk review escalation process and the outcome of that process is that the RoSH level is confirmed as high:

the CRC must initiate case transfer using N Delius within one working day of a NPS decision that a case should be transferred following risk review (Please see PI 57/2014 – PSI 41/2014 Process for Community Rehabilitation Companies to refer cases custody or in the community to NPS for risk review including escalation).

E) When an offender is transferred between England & Wales, Scotland or Northern Ireland the process set out in Annex C must be followed.

H) When an offender transfers to England and Wales from the Channel Islands the NPS must implement the Case Allocation System to determine which probation provider will supervise the case as set out in PI 05/2014 - PSI 14/2014 Case Allocation.

I) When an offender transfers from one Local Justice Area to another the transferring CRC or NPS where applicable should notify the relevant court in writing of the case transfer to amend the requirements of the Community Order or SSO where applicable.

J) Where an individual receives either a Sexual Risk Order (SRO) or a Sexual Harm Prevention Order (SHPO), the NPS will request a transfer of the case from the CRC.

K) Cases where the prosecution of an individual has been brought by the National Crime Agency (NCA) and a Serious Crime Prevention Order (SCPO) is imposed, fall within the exceptional public interest case definition and therefore should be transferred to the NPS. The NPS will request transfer of the case from the CRC.

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L) From the 30th November 2019, all Offender Management functions in Wales will be delivered by the NPS. When an offender is transferred between Wales and England the processes set out in Annex D must be followed.

Resource Impact

1.7 This instruction has directly replaced PI 07/2010 - Case Transfers: For Offenders subject To Statutory Supervision Either Pre Release from Custody or Whilst Completing an Order or Licence. There are additional business processes because of the requirements of Transforming Rehabilitation. The resource impact of these processes is contained within the wider final resource estimation of the total changes of implementing the changes of the Transforming Rehabilitation Programme.

(Approved for Publication)

Director PI 07/2014 UPDATED MARCH 2018

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Sonia Crozier Executive Director Probation and Women

2. O perational Instructions

Pre-release transfers

2.1 A pre-release transfer can be requested in the following circumstances:

1. the offender identifies or proposes a release address within a different geographical boundary to the transferring NPS division or CRC where they have close family or an established partner or positive social network, or residential ties such as access to appropriate property or verified offer of employment within the geographical area, or

2. the transfer of the offender would increase the effectiveness of the management of risk, such as where it is necessary for the protection of victims, avoiding media interest or separating gang members on release, or

c. the responsible officer having taken into account all available information including information obtained under MAPPA, where relevant that moving to a new location will support the Risk Management Plan and the Responsible Officer agrees with this proposal.

2.2 In all the circumstances above the transfer of the offender is dependent on the receiving NPS division or CRC verifying the suitability of the proposed release address and the arrangements for managing the case. The receiving NPS division or CRC must verify the address as soon as possible from receipt of the request. The transferring NPS division or CRC should satisfy themselves that the address or arrangements do not present an unacceptable risk to the public, actual victim(s) or potential victims or if the case is of high profile media or public concern and the release plans might undermine the aims of the licence.

2.3 On all occasions where the proposed move involves the offender living in a household where there are children or vulnerable adults present or there is potential for contact with children or vulnerable adults local safeguarding policies and procedures must be followed in relation to children or vulnerable adults.

2.4 If there is no clear reason for the transfer of the case, for example, the offender was previously living a transient lifestyle and the move was not supported by any of the reasons outlined at 1 above, then the transferring NPS division or CRC should consider and examine the viability of the proposal before initiating a transfer request.

2.5 Pre-release transfer requests should be made at the earliest opportunity and good practice suggests a minimum of six months prior to release to initiate the transfer process. Responsible Officers should use professional judgement when considering the merits and timing of case transfers. However, certain processes such as HDC, ROTL and Parole may trigger a request or decision to transfer. In such circumstances, the transferring NPS or CRC should not seek to transfer before these processes are completed but should seek to involve the receiving area in the process decisions. The prison should continue to communicate with the transferring NPS or CRC with responsibility for completing these assessments until a transfer decision is made.

2.6 If the offender is subject to a parole decision then the transferring agency will retain responsibility for preparing the PAROM 1 and liaising with the prison to ensure the parole

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dossier is completed and on time. The Parole hearing also provides the opportunity to ensure there is no gap in the management of the case on release, via good communication between the transferring and receiving agencies. Once the reason for transfer has been established and the release address confirmed, then the earliest point of transfer should always be the aim of both receiving and transferring agencies

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Pre-release Short Notice Transfers

2.7 There will inevitably be occasions when transfers happen at short notice very close to the release date. It is even more important in these cases, that the receiving organisation is involved in verifying the nominated address. If it is acceptable, then the transferring NPS or CRC should prepare the release and risk management plan following discussion with the receiving NPS or CRC including their input to the licence conditions and plans. It may be that such transfers are arranged on a temporary basis and the guidance within this instruction should be followed.

MAPPA Cases

2.8 Where the offender is eligible for MAPPA, planning for their release should start no later than 6 months prior to their release date. An assessment must be made and referral submitted by the lead agency regarding the level of MAPPA management that they assess is required in the community. Where it is identified that this is at level 2 or 3 a MAPPA meeting arranged by the transferring NPS must be held involving the two NPS divisions and all the relevant agencies to ensure that effective information sharing takes place to address the transfer issues. The transfer risk management plan agreed by the MAPP meeting should be included in the review of OASys and the transfer should be expedited to allow the receiving NPS division to take responsibility for the preparation of the release plan. ViSOR records should also be fully updated including relevant transfer details. It is the responsibility of the transferring area to arrange transfer of the ViSOR record and to notify the receiving area if any parties wish to remain as a partner to the record (ViSOR standards 3.0). The correct MAPPA transfer forms (MAPPA Guidance 2012 Ch 17 pg. 88) should be completed and sent to the MAPPA coordination unit of the new MAPPA area.

2.9 If the transfer is being arranged at short notice prior to release (or for MAPPA cases in the community) the timing or scheduling of MAPPA meetings should not be a cause for delay. However, it is important that communication and cooperation is achieved to ensure a risk management plan completed by the transferring NPS is in place in preparation for the transfer.

Referrals or Placements in Approved Premises and Other Accommodation Providers

2.10 Responsible Officers need to adhere to the contents of the PI 32/2014 Approved Premises when referring or placing an offender in Approved Premises. Some accommodation providers include enhanced supervision beds which may be available. If an offender is being placed in an enhanced supervision bed then the Responsible Officer in the home NPS or CRC remains responsible for the case management. An offender supervisor role may be facilitated by the holding NPS or CRC where the facility is located. This needs to be agreed in line with the temporary transfer arrangements set out later in this instruction.

2.11 When Responsible Officers refer offenders to voluntarily or privately managed accommodation projects in different geographical areas they must consult the relevant NPS division or CRC before the placement is made. Offenders must not be routed directly to the accommodation provider. Responsible Officers should discuss referrals with accommodation providers and clarify such matters as availability and eligibility: The offender should only be moved into the accommodation once the suitability of the placement and arrangements for case transfer or temporary management has been agreed.

Recall of Offenders Subject to Licence Conditions

2.12 Responsible Officers should ensure that they are familiar with the revised recall procedures as set out in PI 27/2014 – PSI 30/2014 – AI 22/2014 Recall, Review and Re-Release of

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Recall Offenders. Briefly, recall procedures for offenders managed by the NPS will follow current practice. The decision-making process where ACO Final Warnings are issued remains unchanged and will take place internally within both the NPS and CRC. CRCs will take the decision to initiate recall in those cases where there is no escalation of risk. In these cases they will forward the recall request and supporting documentation directly to PPCS.

Transfers of Offenders subject to Community Orders or Suspended Sentence Orders who have a duty to seek permission to change residence (Post Implementation of ORA 2014)

2.13 Section 18 of the ORA 2014 inserts into the CJA 2003 a duty to obtain permission before changing residence. This means that an offender must not change residence without the permission of their Responsible Officer or a court. The ORA 2014 stipulates that the grounds on which the Responsible Officer or court can refuse an application for permission are that, in the opinion of the Officer or court, the change in residence is (a) likely to prevent the offender complying with a requirement imposed by the relevant order, or (b) would hinder the offender’s rehabilitation. It should be noted that an appropriate court may, on an application by the offender, give permission in a case in which the Officer has refused permission. The duty to obtain permission before changing residence will only be applicable once the relevant section of ORA 2014 is enacted and apply only to offenders who have committed offences on or after commencement of the relevant part of the Act.

2.14 Subsection 5 of Section 18 ORA 2014 provides for the requirement to seek permission for a change in residence to be enforceable as if it were a requirement imposed by the order. As such, an unreasonable failure to seek permission may be treated as a breach of the order.

2.15 As with pre-release arrangements, requests by offenders to change address or notification of such a move should result in a referral to the receiving NPS or CRC for assessment of suitability of the address. Consideration needs to be given to the key principles outlined in section 2.2 and communication between the NPS divisions or CRCs should ensure that there is no adverse impact on public protection or the delivery of the sentence if the address is deemed suitable.

2.16 When a case transfer is being made to a neighbouring NPS division or CRC the

transferring Officer may also consider the desirability and feasibility of finishing any partially completed intervention in the transferring NPS or CRC after the transfer has taken place. If such arrangements are made the case record must clearly detail how information about the offender’s progress will be exchanged between the Responsible Officer and key stakeholders in the transferring district and the Responsible Officer and key stakeholders in the receiving division.

2.17 In the event that either the address is deemed unavailable/unsuitable or the appropriate interventions are unavailable in the receiving division, this would clearly present a significant obstacle to approving the proposed move. Until these circumstances are resolved, it is important to maintain clarity of responsibility and the transferring Responsible Officer will retain overall management of the case until they give their approval to the transfer.

2.18 If the Responsible Officer is concerned that the proposed move is likely to prevent the offender from complying with a requirement of the Order or that it would hinder the offender’s rehabilitation the Responsible Officer should review the proposal with their line manager if necessary at the earliest opportunity. If a decision is reached not to approve the proposed move the offender must be notified immediately. The decision should be confirmed in writing. If the offender chooses to appeal the decision via an application to Court, the refusal of application letter will provide the court with the basis for the decision. The letters confirming the outcome of an application to change address are in Annex A and

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can be generated from N Delius. The decision, the reasons for it and the offender’s response to it must be recorded on the case records including the risk management plan within OASys or an Authority approved risk management tool

2.19 If the offender persists with the change of address without permission of the Responsible Officer or Court then appropriate enforcement action must be initiated. (See PI 06/2014 Enforcement of Community Orders and Suspended Sentence Orders).

2.20 If the case is assessed as high risk of serious harm, or subject to Life Licence the transfer has to be agreed by a Senior Manager before the transfer can be completed. In addition, if the case is being managed at MAPPA level 2 or 3, the arrangements for transfer must be considered within the MAPPA framework although the final approval to transfer lies with the Senior NPS Manager. ViSOR records should be consulted and appropriately updated at all key stages. Transfer of the ViSOR record is the same as set out in 2.8. All staff involved in the management of such cases need to ensure they are familiar with and follow the procedures set out in section 17 (transfer of MAPPA cases) and in section 18 (Approved Premises) of the MAPPA guidance (2012).

Post-release or Community Sentence Transfers (Legacy Cases Pre-ORA 2014)

2.21 Offenders on licence or subject to a community sentence with a residence requirement must seek the prior approval of the Responsible Officer before they change address. For offenders who are subject to community supervision without a residence requirement this Instruction promotes a rigorous approach to planning in all cases. The duty to obtain permission before changing residence is only applicable to offenders convicted of offences committed on or after the commencement of the relevant section of ORA 2014 consequently there will be a number of legacy cases where transfer issues are involved and the process for determining these transfers remains unchanged.

2.22 As with pre-release arrangements, requests by offenders to change address or notification of such a move should result in a referral to the receiving NPS or CRC for assessment of suitability of the address. Consideration needs to be given to the key principles outlined in section 2.2 and communication between the NPS divisions or CRCs should ensure that there is no adverse impact on public protection or the delivery of the sentence if the address is deemed suitable.

2.23 When a case transfer is being made to a neighbouring NPS division or CRC the

transferring Officer may also consider the desirability and feasibility of finishing any partially completed intervention in the transferring NPS or CRC after the transfer has taken place. If such arrangements are made the case record must clearly detail how information about the offender’s progress will be exchanged between the Responsible Officer and key stakeholders in the transferring division and the Responsible Officer and key stakeholders in the receiving division.

2.24 In the event that either the address is deemed unavailable/unsuitable or the appropriate interventions are unavailable in the receiving division, this would clearly present a significant obstacle to approving the proposed move. Until these circumstances are resolved, it is important to maintain clarity of responsibility and the transferring Responsible Officer will retain overall management of the case.

2.25 If the Responsible Officer is concerned that the proposed move is likely to increase the offender’s risk of serious harm or likelihood of re-offending, or if it appears that the motive for the change is to subvert the aims of the sentence plan, the Responsible Officer should review the proposal with their line manager at the earliest opportunity. If a decision is reached not to approve the proposed move the offender must be notified immediately. The decision, the reasons for it and the offender’s response to it must be recorded on the case

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records including the risk management plan within OASys or an Authority approved risk management tool.

2.26 If the offender persists with the change of address and is subject to post release licence/notice of supervision or a CO/SSO with a residence requirement appropriate enforcement action should be initiated. If s/he is subject to a Community Order or Suspended Sentence Order without a residence requirement, the Responsible Officer should attempt to resolve the matter with the offender. If this proves impossible then the order should be returned to court because the order is now unworkable. Responsibility for this action lies with the transferring NPS or CRC and is not the responsibility of the receiving NPS or CRC (see PI 06/2014 Enforcement of Community Orders and Suspended Sentence Orders).

2.27 If the case is assessed as high risk of serious harm, or subject to Life Licence the transfer has to be agreed by a Senior Manager before the transfer can be completed. In addition, if the case is being managed at MAPPA level 2 or 3, the arrangements for transfer must be considered within the MAPPA framework although the final approval to transfer lies with the Senior NPS Manager. ViSOR records should be consulted and appropriately updated at all key stages. Transfer of the ViSOR record is the same as set out in 2.8. All staff involved in the management of such cases need to ensure they are familiar with and follow the procedures set out in section 17 (transfer of MAPPA cases) and in section 18 (Approved Premises) of the MAPPA guidance (2012).

Prolific and Priority Other Offenders/IOM Offenders

2.28 If an offender is supervised under the IOM/PPO scheme at the point of transfer, the transferring CRC should ensure contact is also made with the relevant PPO/IOM Unit in the receiving CRC. Where there is any difficulty in identifying the PPO Unit the transferring CRC should contact the lead officer for PPOs in the receiving CRC.

2.29 Responsible Officers need to adhere to the specified requirements for PPO/IOM offenders if they are assessed as such at the point of transfer. There will be cases where the offender does not meet the PPO/IOM criteria in the receiving CRC and de-registration can be considered by the panel or tasking group following transfer. Where the offender is to be de-registered, the receiving CRC should consider how this will be explained to him/her, particularly if it results in the withdrawal of any services. Both the decision and the explanation should be clearly recorded on the case record.

Sexual Risk Orders and Sexual Harm Prevention Orders

2.30 Individuals who are managed by the CRC who become subject to either an SRO or an SHPO must be transferred to the NPS using the case transfer process. The police will notify the relevant NPS Head of Public Protection when an SRO, interim SRO or an SHPO are issued by a court in their division. The NPS will request transfer of the case from the CRC and allocate to a probation officer. Upon receipt of the case, the probation officer will manage the case in accordance with the index offence and related sentence, but will also monitor the risk issues that have been identified by the police which have resulted in the imposition of the SRO/SHPO. PI 05/2015 – PSI 14/2014 Case Allocation has also been updated to reflect this.

Serious Crime Prevention Orders (SCPO)

2.31 Individuals who are managed by the CRC where the National Crime Agency (NCA) was the leading investigation authority and an associated Serious Crime Prevention Order (SCPO) is made after the point of sentence, fall within the exceptional public interest case definition and therefore should be transferred to the NPS. The NCA will notify the NOMS Community National Advisor for Serious and Organised Crime when a SCPO is issued to one of their

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cases. The lead Assistant Chief Officer for the NPS Division will request transfer of the case from the CRC and allocate to a probation officer. Upon receipt of the case, the probation officer will manage the case in accordance with the index offence and related sentence, but will also monitor the risk issues that have been identified by the NCA which have resulted in the imposition of the SCPO.

Temporary transfers

2.32 An offender may be released or allowed to live for a short period at an address other than their normal home address. Situations where this is likely to occur are:

a period of residence at an Approved Premises a residential drug treatment programme a mental health treatment programme a verified temporary period of employment any other residential facility section 47 transfers/hospital orders into private secure mental health facilities.

Please note that this list is not exhaustive and there may be other situations for example where an offender is escaping domestic abuse or other adverse domestic related circumstances. ViSOR will need to be updated and partnership access granted should a temporary transfer of a ViSOR nominal occur in any of the ways outlined.

2.33 Where the offender is expected to return to her/his home address or geographical area following the temporary period, the home NPS or CRC can arrange for the temporary supervision of the offender by the holding NPS division or CRC. The temporary arrangements must be consistent with the planned period of treatment or for an agreed and defined period.

2.34 A formal transfer of the case is not required and the home division or CRC will retain the overall management throughout.

2.35 The responsibilities outlined below must be formally agreed and recorded in the risk management or sentence plans:

the planned period of time for temporary transfer; the frequency of regular communication between the Responsible Officer and

offender supervisor in the holding NPS division or CRC; the level and type of contact that the holding NPS division or CRC will have with the

offender on a day to day basis – this should be at least consistent with National Standards;

the arrangements for managing any enforcement action – Responsibility for this action lies with the home NPS or CRC and should be in line with the actions set out in PI 06/2014 Enforcement of Community Orders and Suspended Sentence Orders and PI 27/2014 – PSI 30/2014 – AI 22/2014 Recall, Review and & Re-Release of Recall offenders. The expectation is that warning letters or breach proceedings will be managed by the home NPS with supporting information provided by the holding NPS or CRC;

the arrangements for emergency recall as set out in PI 27/2014 - PSI 30/2014 - AI 22/2014 Recall, Review & Re-Release of Recall Offender’s.

2.36 There must be clear communication between the transferring and receiving NPS or CRCs

about any pre-release arrangements where a temporary transfer has been agreed. Wherever possible the Responsible Officer in the holding NPS division or CRC should attend any pre-release sentence planning meetings. The home NPS or CRC will, if possible, arrange for the original Responsible Officer to resume supervision once the temporary period of residence has been completed.

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Substance Misuse Treatment Requirements

2.37 Responsible Officers need to have particular regard to the assessment and transfer of offenders who are subject to drug rehabilitation or alcohol treatment requirements. It is now possible to agree the temporary transfer of offenders referred to or receiving treatment in a residential setting. In such cases, it is envisaged that the supervision will remain with the home NPS or CRC. However, it is important that prior to any placement there is contact with the NPS or CRC in which the residential facility is located to ensure the centre is approved and arrangements are agreed for the supervision of the offender if necessary.

2.38 Where treatment is being facilitated in the community and the offender is planning a change of address, the transferring NPS or CRC should not direct offenders in to community treatment facilities without the prior consultation with the receiving NPS or CRC. The arrangements for the treatment delivery will be the responsibility of the receiving NPS or CRC and treatment providers may wish to reassess the offender’s treatment needs. This assessment should be completed as soon as possible following the transfer. However, the transferring NPS or CRC should ensure that whilst alternative treatment services are being agreed there is minimal disruption to the offender’s treatment or substitute prescribing arrangements.

2.39 In relation to both the drug rehabilitation and alcohol treatment requirements, Responsible Officers need to be mindful that services and provisions may vary between different NPS divisions and CRCs. Where the difference in service provision may affect the offender’s risk of serious harm or the objectives of the sentence plan, the viability of the sentence must be considered in line with the key principles underpinning the transfer of cases.

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3. F or eign National Offenders

3.1 Foreign National Offenders are not a homogenous group and need to be considered individually in terms of the management of their sentence and any potential transfer from one NPS or CRC to another. The principles outlined above should apply in each case; however the allocated Responsible Officer in the transferring NPS or CRC need to reconfirm (or ascertain if not already known) the immigration status of the foreign national at the earliest stage. In cases in custody, the transferring Responsible Officer must ascertain from the offender supervisor in the prison OMU whether recent contact has been made with Home Office Immigration Enforcement Criminal Casework to determine the immigration status of the prisoner.

3.2 For prisoners sentenced to custody, and other relevant offenders, immigration status can be obtained by contacting Home Office Immigration Enforcement Criminal Casework on their hotline to ascertain the caseworker allocated to that prisoner. Telephone number is 0161 261 1640 (9:00am to 5:00pm)

Or for enquiries regarding non-custodial cases, email proforma to the HOIE Command & Control Unit, (see EPIC/Service Delivery/Foreign Nationals to download CCU proforma 2011) to;

CommandandControlUnit@homeoffice.gsi.gov.uk

3.3 Home Office Immigration Enforcement will be able to indicate the foreign national’s current immigration status and the name and contact details of the caseworker from Criminal Casework if one has been allocated. The CC caseworker will be able to keep the Responsible Officer informed about any deportation proceedings for that person. This information will need to be taken account of in any decision about a potential transfer request by an offender to move to another NPS division or CRC. If the offender is to be deported, any requests for transfer must be treated with caution. The case must not be transferred to another area if the offender is in custody or in immigration detention, (if at any stage the proceedings for deportation are discontinued then the transfer can be considered on its merits based on the above principles). If the offender awaiting deportation is on licence or supervision in the community transfer may be undertaken. The Responsible Officer must discuss the case with Home Office Criminal Casework before transfer to understand what impact this would have on their efforts to deport.

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4. Case Transf ers (Payment Mechanism)

4.1 It is not the purpose of this Instruction to go into detail with regard to the Payment Mechanism and the interdependence with case transfers. The relevance of the two major components of the Payment Mechanism, Fee for Service (FFS) and Payment By Results (PbR) to case transfers is set out briefly below

4.2 FFS CRC to CRC: Payment will be adjusted so that providers are paid for offenders they are working with as a result of transfers between CRCs. As part of the annual reconciliation of the Weighted Annual Volume (WAV) which drives the FFS payment will be adjusted to take account of the net transfer of offenders and any sentence requirements still to be delivered at the point of transfer. If this adjustment to the volume is sufficient to take the WAV into the next volume range for payment then the payment will be adjusted accordingly. The increase or decrease will depend on whether the net transfer is in or out.

4.3 FFS CRC to NPS: There is no payment adjustment when the offender transfers to the NPS following risk escalation.

4.4 PbR: When the offender transfers, either to another area or to the NPS, they remain in the

PbR cohort for the transferring CRC. The transferring CRC have the ability to purchase additional rehabilitative services from the new CRC to support reoffending outcomes. Following transfer to the NPS they may still have a role in delivering interventions to the offender. The new provider will be paid through FFS for the net inward transfer of work, though they do not have a PbR incentive for work with the transferring offender

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Ann ex A

Letter re decision following request to change address

Approval of application

Dear…………

Re Application to Change Address

I have considered your request to change address from…………………….. to…………………….. I can confirm that your request had been granted. Your case will be transferred and the process has been started. You will be supervised by……………………………………………. You will be provided with a new appointment shortly, in the meantime you should continue to maintain contact with this office

Refusal of application

Dear……….

Re Application to Change Address

I have considered your request to change address from……………………….. to…………………. The decision is to refuse your request for the following reason(s)(i) it would prevent you complying with a requirement of the order ………………………………………………………………………………………… (ii) it would hinder your rehabilitation……………………………………….………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..

If you wish to appeal this decision you can apply to the Courts. You should contact your Magistrates court if the order was made at Magistrates court. If your order was made at Crown Court, you can still make the application at a Magistrates Court unless the Judge who sentenced you reserved the case to themselves in which case you would need to contact the Crown court for arrangements to be made to list the matter before a Crown Court Judge.

You can start the application by sending or handing this letter to the court office and asking for a date for a hearing at which the court can consider your application. The court will send you, or hand to you, the details of when the application can be heard. The decision of the Court will be final and there will be no further appeal.

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I should advise you that if you do move before your application is heard by the court, you will place yourself in breach of your court order and could face enforcement action. If you wish to discuss this decision further, you can request to speak to a Manager within this Office.

Yours sincerely

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A nnex B

PI 07/2014 UPDATED MARCH 2018

Application for a Sexual Risk Order (SRO), Sexual Harm Prevention Order (SHPO) or interim Sexual Risk Order

Police to notify the SPOC/NPS divisional public protection lead. The SPOC to check if the offender is current to CRC or NPS supervision.

Offender is current to NPS or CRC

Liaison between local police and offender manager. Case management system and RoSH assessment

updated. Police to notify (on application of SRO) or an

SHPO the head of public protection for the relevant NPS Division where the offender if being managed.

Police confirm the SR/SHPO has been issued by notifying the relevant NPS Divisional head of public protection

Head of public protection informs relevant senior manager in the NPS (LDU/Cluster Head)

NPS Senior Manager contacts SPOC in CRC to request transfer of the order/licence back to the NPS on the grounds of receiving either and SRO or an SHPO as per PI 07/2014 and Equip.

NPS Senior Manager is responsible for ensuring the allocation of the case to a Probation Officer grade OM.

Upon receipt of the case, OM to manage according to risk associated with the index offence but also to monitor the case on identified risk issues which resulted in the imposition of the

SRO/SHPO. OM ensure ViSOR is updated.

Page 17

Annex C

Guidance on the transfer of Community Orders and Suspended Sentence Orders between England & Wales, Scotland and Northern Ireland.

1 Introduction

1.1 This guidance sets out the process for the transfer of individuals subject to community orders or suspended sentence orders belonging to the National Probation Service (NPS) and Community Rehabilitation Companies (CRCs) to Scotland or Northern Ireland from England & Wales and cases from Scotland or Northern Ireland to England & Wales. The guidance will include cases being transferred at the point of sentence in a court, case allocation and the case transfer process.

Legislation and relevant Probation Instructions

1.2 Key legislation relevant to cross border transfers between England, Wales, Scotland and Northern Ireland.

Criminal Justice Act (CJA) 2003 Offender Rehabilitation Act (ORA) 2014, The Criminal Justice and Licencing (Scotland) Act 2010, makes amendments to the Crim-

inal Procedure (Scotland) Act 1995. PI 05/2014 Case Allocation PI 07/2014 Case Transfer for Offenders Subject to Statutory Supervision

2 Transferring a community order or suspended sentence order at the point of sentence

2.1 The Criminal Justice Act 2003 (CJA2003) makes provision for a Court in England & Wales to consider making a community or suspended sentence order in the case of an offender who is or will be residing in Scotland, if they are satisfied that arrangements exist for an offender to comply with any requirements (or their Scottish equivalents) in Scotland, where the offender resides or will be residing.

2.2 Before a Community Order or Suspended Sentence Order may be transferred to Scotland and Northern Ireland it must appear to the court that arrangements exist for the person to comply with the requirement(s) in those countries and that provision can be made for the person to comply with the requirement(s) under those arrangements and that suitable arrangements for supervision can be made.

2.3 There follows a guide to the range of requirements in Community sentences and their nearest corresponding Scottish or Northern Ireland Orders. Please note that the court in England & Wales cannot require an AAMR attendance centre requirement or an electronic monitoring requirement to be complied with in Scotland.

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Community Sentence Requirements

(England & Wales)

Orders & Requirements(Scotland)

Orders & Requirements(Northern Ireland)

Unpaid work requirement Community Payback Order (CPO) with a similar requirement

Community Service Order

RAR Not transferable Not transferableProgramme Requirement Not transferable Not transferable

Mental Health Treatment Requirement

CPO with a similar Requirement PO with a similar requirement

Drug Rehabilitation Requirement Drug Treatment and Testing Order

PO with a similar requirement

Alcohol Treatment Requirement CPO with a similar requirement PO with a similar requirement

Prohibited Activity Requirement CPO with a similar requirement PO with a similar requirement

Supervision requirement CPO with a similar requirement PO with a similar requirement

Curfew Requirement Restriction of Liberty Order PO with a similar requirement

Exclusion Requirement Restriction of Liberty Order PO with a similar requirement

Residence Requirement CPO with a similar requirement PO with a similar requirement

Sentencing an individual in a Court in England and Wales who resides in Scotland or Northern Ireland.

2.4 Where a Court in England and Wales is considering imposing a community order or a sus-pended sentence order, on an offender whose residence is/will be in Scotland or Northern Ireland, then the relevant Scottish Criminal Justice Social Work Service (CJSW) or Proba-tion Board for Northern Ireland (PBNI) team in the receiving jurisdiction, may be asked to prepare any report requested by the court, as highlighted within the CJA Act 2003. A list of Criminal Justice Social Work Service Managers and Probation Board for Northern Ireland Area Managers can be found at the end of this annexe.

Sentencing an individual in a Court in Scotland or Northern Ireland who resides in England and Wales.

2.5 Where a court in Scotland or Northern Ireland is considering imposing a community payback order on an offender whose residence is/will be in England and Wales, then the National Probation Service (NPS) in the receiving jurisdiction, may be asked to prepare any report requested by the Court.

3 Case allocation:

3.1 If an individual living in Scotland or Northern Ireland is sentenced at a court in England and Wales, requires a transfer immediately after the court has imposed the order, the transfer

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will not need to be allocated via the case allocation process as set out in PI 05/2014. Please refer to section 4 that outlines the process for transferring these sentences.

3.2 An individual living in England and Wales sentenced at a court in Scotland or Northern Ireland will need to go through the formal allocation process in accordance with PI 05/2014. This process relates to an order being imposed immediately at the point of sentence or where a community disposal has been imposed for a period of time.

3.3 The National Probation Service will need to ascertain whether the case falls within the NPS or CRC. For this to happen, information is required from the relevant Criminal Justice Social Work (CJSW) service in Scotland or the Probation Board for Northern Ireland (PBNI). This information includes:

The name and date of birth of the individual

Full details of the current community sentence. If offender is subject to unpaid work, NPS will require the original amount of hours imposed and the amount outstanding at the point of transfer.

Details of the offence, previous offences and sentences

Most up-to-date Pre-sentence Enquiry Report or Criminal Justice Social Work Report (in Scotland)

Details of management arrangements, including the ViSOR record if subjected to MAPPA (in Scotland) or the Public Protection Arrangements in Northern Ireland (PPANI).

The most up-to-date risk of harm assessment

3.4 When the NPS receives a transfer request from Scotland or Northern Ireland that appears suitable for the CRC it is the responsibility of the NPS to complete the home circumstance assessment and safeguarding checks. Once all checks have been completed and the case transfer has been accepted the NPS will allocate the case to the CRC in accordance with PI 05/2014.

4 Case Transfer at the point of sentence

Transferring a Community Order or Suspended Sentence Order immediately after the sentence has been imposed by a court in England and Wales.

4.1 When a court in England and Wales sentences a person to a community disposal who resides in Scotland or Northern Ireland, the case will not need to be allocated via the NPS case allocation process in accordance with PI 05/2014.

4.2 The NPS must notify the relevant Scottish Criminal Justice Social Work service (CJSW) or Probation Board for Northern Ireland (PBNI) team of the sentencing outcome immediately after the court has imposed the sentence.

4.3 The NPS must provide the CJSW service in Scotland or the PBNI with the following information:

The name and date of birth of the individual Address of where the individual will be residing Details of the index offence, and the sentencing outcome previous offences and sentence (MG16) Any available background information, this may include a Pre-Sentence Report or archived

records.

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An up-to-date OASys risk of serious harm screening and/or full risk of harm analysis or risk of harm review.

Any other relevant risk assessments including assessments such as the spousal assault risk assessment and risk matrix 2000.

4.4 The sentence must be fully recorded on nDelius and accurate information provided outlining reasons why the sentence needs to be terminated on the system.

5 Transfer of a community disposal imposed for a period of time

Transferring an individual on a community order or suspended sentence order from England and Wales to Scotland or Northern Ireland.

5.1 The Criminal Justice Act (CJA) 2003 provides for an individual subject to a community order or a suspended sentence order to change his or her residence, subject to the responsible officer being informed of the change of address (section 220A of the CJA 2003). These instructions have been revised following the introduction of the Offender Rehabilitation Act, (ORA) 2014 which inserted section 220A into the CJA 2003. Section 220A does not apply if the order includes a residence requirement under s206 of CJA 2003. Any offender who has been convicted for offences committed on or after 1st February 2015, has a duty to obtain permission before changing residence either from a responsible officer, or a Court. If permission is granted by the court, the court must amend the order to specify the new local justice area and can amend the order so that the requirements must be completed in Scotland if it is satisfied that arrangements exist for requirements to be complied with and supervised in Scotland.

Transferring a case held within the CRC to Scotland or Northern Ireland

5.2 The responsible officer must initiate contact with the relevant Criminal Justice Social Work service (CJSW) in Scotland or the relevant office within Probation Board for Northern Ireland (PBNI) providing all relevant information required to manage risk of harm and reoffending that is held by the CRC.

5.3 Once a decision has been made to transfer the case, the NPS must be informed in writing of the intention to transfer. The NPS will make a decision taking into account any relevant information supplied by the CRC (as per inter-UK case transfer) and asking for further information, if required, in order to come to an appropriate and evidenced based decision to transfer.

5.4 If the case is approved by the NPS, it will be for the CRC to finalise the transfer arrangements with the CJSW Manager in Scotland or PBNI Area Manager in Northern Ireland.

5.5 The responsible officer in the CRC, will need to request a home circumstance assessment and ensure safeguarding checks are made by the CJSW or PBNI in the appropriate jurisdiction.

5.6 At the point of transferring the case, an up-to-date risk of serious harm screening or another approved risk of serious harm screening and/or assessment review must be undertaken and any documentation be provided to the receiving area.

5.7 Once a transfer has been approved, an initial appointment to attend the office in Scotland or Northern Ireland should be arranged and passed to the offender via the CRC. The

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receiving office, will take temporary charge of the case until the transfer has been finalised. During this period, the CRC will remain the first point of call. Any enforcement actions will be undertaken by the CRC. The case needs to be accepted quickly by the CJSW or PBNI and therefore, a reasonable timeframe is agreed between the CRC and CJSW or PBNI at the point of transfer. Once the transfer has been fully accepted by the CJSW or PBNI, the receiving office will become the main responsible office. Should it become necessary for enforcement action post transfer of the order paragraph 11 of Schedule 9 of the CJA 2003provides the supervising officer in Northern Ireland with a power to lay a complaint before their home court in Northern Ireland requiring the offender to appear before the court that made the order in England & Wales for the order to revoked or resentenced. Therefore, the supervising officer in Northern Ireland can take the decision to commence enforcement proceedings when seeking a revocation or resentence and the enforcement decision remains within the jurisdiction of the courts in England & Wales. In Scotland the CJSW officer lays an information before the home court in Scotland requiring the offender to appear before the court that last amended the order in England & Wales. The process for enforcing such cases is as set out in PI 06/2014 Enforcement of Community Orders and Suspended Sentence Orders.

5.8 Where the offender is subject to a community order or suspended sentence order, ensure permission to change their place of residence has been agreed by the responsible officer or court. (Post ORA 2014 cases only, see section 5.1).

Transferring a case held within the NPS to Scotland or Northern Ireland

5.9 The responsible officer must initiate contact with the relevant Criminal Justice Social Work (CJSW) service or relevant office within the Probation Board for Northern Ireland (PBNI) and a transfer is requested in writing providing all relevant information required to manage risk of harm and reoffending that is held by the NPS.

5.10 The transfer process must ensure that a home circumstance assessment is completed as in accordance with PI 07/2014. This should include an assessment of the transfer on the likelihood of re-offending and risk of serious harm, management of the case and achievement of the aims and purpose of supervision. In addition, safeguarding checks be undertaken on the property by the relevant CJSW service in Scotland or by the PBNI if the transfer request is to Northern Ireland.

5.11 If accepted by the CJSW service or the PBNI, an up-to date OASys risk of serious harm review must be undertaken and any other documentation be provided to the receiving area (see section 4.3). This must include management arrangements of the offender, including MAPPA levels, ViSOR record, external registers and orders with the police.

5.12 Once a transfer has been approved, an initial appointment must be agreed and passed to the offender by the NPS. The CJSW service or PBNI, will take temporary charge of the case until the transfer has been finalised. During this period, the NPS will remain the first point of call and any enforcement actions will be undertaken by the NPS. The case needs to be accepted swiftly by the CJSW service or PBNI and a timeframe is arranged and agreed between both jurisdictions at the point of transfer. If a ViSOR record exists, the CJSW or PBNI must be made partner to the record and once the case has been formally accepted by CJSW or PBNI the ViSOR record must also be transferred and where possible attend the first panel meeting via teleconference, (see section 7 on MAPPA cases).

5.13 Should it become necessary for enforcement action post transfer of the order paragraph 11 of Schedule 9 of the CJA 2003provides the supervising officer in Northern Ireland with a power to lay a complaint before their home court in Northern Ireland requiring the offender to appear before the court that made the order in England & Wales for the order to revoked or resentenced. Therefore, the supervising officer in Northern Ireland can take the decision

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to commence enforcement proceedings when seeking a revocation or resentence and the enforcement decision remains within the jurisdiction of the courts in England & Wales. In Scotland the CJSW officer lays an information before the home court in Scotland requiring the offender to appear before the court that last amended the order in England & Wales. The process for enforcing such cases is as set out in PI 06/2014 Enforcement of Community Orders and Suspended Sentence Orders.

5.14 Where the offender is subject to a community order or suspended sentence order, ensure permission to change their place of residence has been agreed by the responsible officer or Court. (Post ORA 2014 cases only, see section 5.1).

6 Cases Transferred to England and Wales from Scotland or Northern Ireland after a period of time

Transferring an individual subject to a community payback order from Scotland or community payback from Northern Ireland to England and Wales.

6.1 The Criminal Justice Social Work (CJSW) case manager overseeing the case in Scotland or the Probation Officer supervising the case in Northern Ireland should initiate contact with the local National Probation Service (NPS) in writing via the appropriate jurisdiction. Annexe C outlines contact details for the National Probation Service Divisional Hubs.

6.2 The National Probation Service will need to ascertain whether the case falls within the NPS or CRC. For this to happen, information is required from the CJSW or PBNI. This information includes:

The name and date of birth of the individual

Full details of the current community sentence. If the offender is subject to unpaid work, NPS will require the original amount of hours imposed and the amount outstanding at the point of transfer.

Details of the offence, previous offences and sentences

Most up-to-date Pre-sentence Enquiry Report or Criminal Justice Social Work Report (in Scotland)

Details of management arrangements, if subjected to MAPPA or PPANI, including partnership of the ViSOR record, if subject to MAPPA or PPANI.

An up-to-date risk of harm assessment and any other relevant risk of harm assessment, such as the spousal assault risk assessment and risk matrix 2000.

6.3 Once the NPS receives the information an allocator (SPO) will appoint a responsible officer in the NPS to initiate a home circumstance assessment and ensure safeguarding checks are completed. Once the checks have been completed, the allocator will make a decision to accept the transfer and allocate the case in accordance with PI 05/2014. Before the transfer is made the court in Scotland must vary the order as required by para 2 of Schedule 13 of the Criminal Procedure (Scotland) Act 1995. The case, must not be allocated to the CRC until the case has been accepted by the NPS.

Case transferred from Scotland or Northern Ireland to the CRC in England and Wales

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6.4 The NPS will complete the initial checks, accept the transfer and allocate the case to the CRC in accordance with PI 05/2014. The CRC will liaise with the CJSW or PBNI and provide them with a first appointment who will notify the offender.

6.5 The CRC will take temporary charge of the case and during this period, the Criminal Justice Social Work (CJSW) service or Probation Board for Northern Ireland (PBNI), will remain the first point of call until the transfer has been finalised. Any enforcement actions will be undertaken by the Criminal Justice Social Work (CJSW) service or Probation Board for Northern Ireland (PBNI). The case must be accepted swiftly by the CRC and a timeframe should be arranged and agreed between both jurisdictions.

Case transferred from Scotland or Northern Ireland to the NPS in England and Wales

6.6 The National Probation Service will need to ascertain whether the case falls within the NPS or CRC in accordance with PI o5/2014 (see section 6.2).

6.7 The NPS will allocate a responsible officer who will complete the necessary assessment checks on the address. This will include home circumstance assessment and safeguarding checks.

6.8 If the offender falls under the MAPPA or PPANI criteria, then the Criminal Justice Social

Work (CJSW) service or Probation Board for Northern Ireland (PBNI), will complete the relevant MAPPA documentation, make the NPS partner to the ViSOR record and if possible, attend the first panel meeting via teleconference (see section 7)

6.9 The NPS will confirm details of the new responsible officer and provide this information to the Criminal Justice Social Work (CJSW) service or Probation Board for Northern Ireland (PBNI) including an initial appointment for the offender to report to the NPS. The NPS will take temporary charge of the case until the transfer has been finalised. The Criminal Justice Social Work (CJSW) service or Probation Board for Northern Ireland (PBNI) will be the main point of contact and be responsible for any enforcement actions. The case must be accepted swiftly and a timeframe should be arranged and agreed between both jurisdictions at the point of transfer.

7 MAPPA Cases7.1 Offenders who are subject to MAPPA arrangements in the community in Scotland or the

Public Protection Arrangements in Northern Ireland on a community disposal by the NPS, CJSW or PBNI can be transferred in accordance with Criminal Justice Act 2003 and Criminal Procedure (Scotland) Act 1995. However, the MAPPA/PPANI process can be quite complex as legislation differs between the jurisdictions and therefore, may not always be an automatic fit. General principles relating to cross border transfer on cases subject to a community disposal is described above.

7.2 Given the serious level of risk some MAPPA/PPANI offenders present, it is essential that the process is followed properly, that full details and information are appropriately shared and that MAPPA/PPANI meetings involve the sending area, either in person or through video/telephone conference.

7.3 MAPPA/PPANI offenders have their details on ViSOR and once a transfer has been agreed the necessary transfer must also take place on ViSOR. Prior to a transfer being finalised, the receiving area should be made partners to the ViSOR record. This will include all MAPPA documentation relating to level 2 and 3 meetings (PPANI documentation relating to category 2 and 3 offenders panels) which have been held.

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CJSW & PBNI Area ManagersJurisdiction

(by local authority area)

Name email Contact

Aberdeen City Lesley Simpson

lsimpson@aberdeencity.gov.uk 01224 538000

Aberdeenshire Dawn Leslie dawn.leslie@aberdeenshire.gov.uk 01779 477333Angus Alan Hope hopea@angus.gcsx.gov.uk 01241 438383Argyll, Bute & Dunbartonshires Pamela Hoey pamela.hoey@argyll-bute.gcsx.gov.uk

01389 738484

City of Edinburgh Harry Robertson

harry.robertston@edinburgh.gov.uk 0131 553 8237

Clackmannanshire Stuart Landels

slandels@clacks.gov.uk 01259 452383

Comhairle nan Eilean Siar

Michael Stewart

michael.stewart@cne-siar.gov.uk 01851 822710

Dumfries & Galloway

Alex McCallum

alex.mccallum@dumgal.gov.uk 01387 262409

Dundee City Mike Hendry mike.hendry@dundeecity.gov.uk 01382 435017East Ayrshire Marion

MacAulay marion.macaulay@east-ayrshire.gov.uk 01563 503358

East Dunbartonshire

Alex O’Donnell

Alex.o’donnell@eastdunbarton.gov.uk 0141 777 3000

East LothianRod Mackenzie

rmackenzie@eastlothian.gov.uk01620 827897

East Renfrewshire Les Gaff les.gaff@eastrenfrewshire.gov.uk 0141 577 4004Falkirk Nick

Burgessnick.burgess@falkirk.gov.uk 01324 504045

FifeBill Kinnear bill.kinnear@fife.gov.uk

03451 555555 X450530

Glasgow City Sheena Morrison

sheena.morrison@glasgow.gcsx.gov.uk 0141 276 6717

Highland James Maybee

james.maybee@highland.gov.uk 01463 703475

Inverclyde Audrey Howard

audrey.howard@inverclyde.gov.uk 01475 715372

Midlothian Margaret Brewer

margaret.brewer@midlothian.gcsx.gov.uk 0131 271 3833

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Moray Tish Richford

tish.richford@moray.gov.uk 01343 557200

North Ayrshire David MacRitchie

dmacritchie@north-ayrshire.gcsx.gov.uk 01294 317781

North Lanarkshire Jane Gilmartin

gilmartinj@northlan.gov.uk 01698 524941

Orkney Islands Jon Humphreys

jon.humphreys@orkney.gov.uk 01845 873535 x2650

Perth & Kinross Nicola Rogerson

nrogerson@pkc.gcsx.gov.uk 01738 444244

Renfrewshire Allison Scott allison.scott@renfrewshire.gcsx.gov.uk 0141 618 2539Scottish Borders

Kim McPartland

kim.mcpartland@scotborders.gcsx.gov.uk 01835 824000X2605

Shetland Islands Denise Morgan

denise.morgan@shetland.gov.uk 01595 744449

South Ayrshire Jackie Hamilton

jackie.hamilton@south-ayrshire.gov.uk 01292 289749

South Lanarkshire Diane Dobbie

diane.dobbie@southlanarkshire.gcsx.gov.uk 01698 455787

Stirling Mike Grassom

grassomm@stirling.gov.uk 01786 471177

West Dunbartonshire

Norman Firth Norman.firth@wdc.gcsx.gov.uk 01389 738484

West Lothian Gillian Oghene

gillian.oghene@westlothian.gcsx.gov.uk 01506 280999

Location AM Contact details Team

Andersonstown Rd Nicola Coogan 028 90602988Nicola .Coogan@pbni.gsi.gov.uk

West Belfast

Antrim Road Janet McClinton 028 90757631Janet.mcclinton@pbni.gsi.gov.uk

North Belfast

Armagh Patricia McKeever 028 37525243Patricia.mckeever@pbni.gsi.gov.u

k

ISU SW(South West)

Armagh Emer Loughran 028 37525243Emer .Loughran@pbni.gsi.gov.uk

Mid Ulster Team

Ballymena Grainne Teague 028 25652549Grainne.teague@pbni.gsi.gov.uk

North Antrim

Ballymena Declan Crawley 028 25652549 Belfast Programme PI 07/2014 UPDATED MARCH 2018

Page 26

Declan.Crawleyi@pbni.gsi.gov.uk Delivery UnitColeraine Grainne Teague 028 70353141

grainne.teague@pbni.gsi.gov.ukNorth Antrim

Crawford Square David Young 028 71264774David.Young@pbni.gsi.gov.uk

North West

Downpatrick Jane Lappin 028 44614061jane.lappin@pbni.gsi.gov.uk

EBDA Team

Dungannon Emer Loughran 028 87722866Emer.loughran@pbni.gsi.gov.uk

Mid Ulster Team

Enniskillen Paul Devlin 028 66324383paul.devlin@pbni.gsi.gov.uk

Rural West

Public Protection Team (Seapark)

Paul Thompson 028 90259575paul.thompson@pbni.gsi.gov.uk

Public Protection Team

ISU Greater Belfast/North

Down/Lisburn (Sex Offenders & Domestic

Violence)

Paul McCusker & Simone Simpson

028 90262407paul.mccusker@pbni.gsi.gov.uk

simone.simpson@pbni.gsi.gov.uk

ISU Case Managers

Limavady Road Ruth.McKelvey 028 71346701Ruth.mckelvey@pbni.gsi.gov.uk

North West

Limavady Road (Sex Offenders & DV)

Ruth.McKelvey 028 71346701Ruth.mckelvey@pbni.gsi.gov.uk

ISU NW Manager

Lisburn Melissa Spence 028 92674211Melissa.spence@pbni.gsi.gov.uk

South Belfast Lisburn(SBL)

Magherafelt Emer Loughran 028 79633341Emer.loughran@pbni.gsi.gov.uk

Mid Ulster Team

Newry Kate Tyrell 028 30263955Kate.tyrell@pbni.gsi.gov.uk

Rural South

Newtownards Jane Lappin 028 91817778jane.lappin@pbni.gsi.gov.uk

EBDA Team

Newtownards Road Jane McKenna 028 90739445jane.mckenna@pbni.gsi.gov.uk

EBDA Team

Omagh Paul Devlin 028 82246051paul.devlin@pbni.gsi.gov.uk

Rural West

Ormeau Road (CS Only)

Aisling Reynolds 028 90647156aisling.reynolds@pbni.gsi.gov.uk

Belfast CS (includes CS in Greater

BelfastNorth Belfast and Lisburn)

Ormeau Road Aisling Reynolds 028 90647156Aisling.reynolds@pbni.gsi.gov.uk

South Belfast Lisburn(SBL)

Portadown Kate Tyrell 028 38333301Kate.tyrell@pbni.gsi.gov.uk

Rural South

Victims Unit Roisin Leckey 028 92663322Roisin.leckey@pbni.gsi.gov.uk

Victims Unit

NPS Divisional Hubs

Jurisdiction EmailMidlands midlandsdivisonaloffice.generalenquires@probation.gsi.gov.uk

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Wales walesdivisionaloffice.generalenquiries@probation.gsi.gov.uk

South West, South Central – (SWSC) SWSCdivisionaloffice.generalenquiries@probation.gsi.gov.uk

South East and Eastern(SEE)

SEEdivisionaloffice.generalenquiries@probation.gsi.gov.uk

London londondivisionaloffice.generalenquiries@probation.gsi.gov.uk

North East (NE) NEdivisionaloffice.generalenquiries@probation.gsi.gov.uk

North West (NW) NWdivisionaloffice.generalenquiries@probation.gsi.gov.uk

When general enquiries are contacted about a transfer into the NPS or their Division, it is the Hub's responsibility to signpost the enquirer to the correct NPS Court team covering the address / location to which the offender wants to transfer. Where the Hub member of staff is not clear, they should speak with a Court SPO to take advice and then direct the enquirer to the

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Annex D

Guidance on the transfer of Community Orders and Suspended Sentence Orders between Wales and England following the Unification of Offender Management in Wales

1. Background

1.1. From the 30th November 2019 all Offender Management functions in Wales will be delivered by the National Probation Service. Unpaid Work, Accredited Programmes (except those addressing sexual offending) and other Non-Accredited Interventions will continue to be delivered by Wales Probation Services (owned by SEETEC). Unification of Offender Management in England will commence from April 2021 and, as a result, there will be different processes in operation in England and Wales from December 2019 to April 2021.

2. For cases transferring from a CRC in England to the NPS in Wales

2.1. When an individual supervised by a CRC in England transfers to the NPS in Wales and there has been no corresponding risk escalation, the transferring CRC and NPS Wales will follow the actions mandated in PI 07/2014 for CRC to CRC transfers (except for the requirement for a transfer to the NPS to be undertaken as part of the risk review and risk escalation process). Acceptance of the case must be approved at Senior Probation Officer grade.

2.2. When an individual supervised by a CRC in England transfers to the NPS in Wales and there has been a corresponding risk escalation, the requirements mandated in PI 57/2014 must be followed. Acceptance of the case must be approved by the relevant LDU Head or delegated authority.

3. For cases transferring from the NPS in England to the NPS in Wales

3.1. When an individual supervised by the NPS in England transfers to National Probation Service LDU Cluster in Wales, the actions mandated in PI 07/2014 will be followed.

4. For cases transferring from the NPS in Wales to an address in England

4.1. When an individual supervised by the NPS in Wales transfers to an address in England, the National Probation Service in Wales will review the CAS to identify which organisation the individual should be transferred to.

4.2. If the transfer is from NPS Wales to a CRC in England then the requirements mandated in PI07/2014 for CRC to CRC transfers must be followed. Approval of the transfer out must be approved at Senior Probation Officer grade.

4.3. If the transfer is from NPS Wales to an NPS Division in England then the actions mandated in PI 07/2014 will be followed and the authorisation for the transfer request will be given by the receiving LDU Head or appropriate delegated authority.

PI 07/2014 UPDATED MARCH 2018