Licence conditions, polygraph examinations and temporary travel abroad
This instruction applies to :- Reference :-
Providers of Probation Services PI 11/2014
Issue Date Effective Date Expiry Date Implementation Date 01 May 2014 01 June 2014 01 May 2018
Issued on the NOMS Agency Board authority of For action by All staff responsible for the development and publication of policy and instructions NOMS HQ National Probation Service (NPS) Directorate Community Rehabilitation Companies (CRCs) NOMS Rehabilitation Contract Services Team Other providers of Probation and Community Services
Instruction type Service Improvement/ Legal Compliance For information Supervising officers Victim Liaison Officers and Victim Unit Managers Provide a summary This Instruction updates the mandatory actions for the NPS with regard to of the policy aim the application of standard and additional licence conditions for offenders and the reason for being released on licence, and provides guidance on this subject to the its development / Community Rehabilitation Companies. It contains the menus of additional revision licence conditions available, and a breakdown of who is responsible for approving those conditions for each type of sentence. The instruction also includes the policy on the consideration of applications from offenders to travel outside of the UK and Islands on a temporary basis and introduces the new licence conditions for polygraph examinations for sex offenders. Contact For general enquiries: Brian Chapman - Licence Conditions Senior Policy Manager. Email: [email protected] Tel: 0300 047 4424
For polygraph examination related issues: Heather Sutton – Head of Sex Offender Team. Email: [email protected] Tel: 0300 047 4743
For victim related issues: Laura Toze - Head of Victims and Safeguarding Team. Email: [email protected] Tel: 0300 047 4428
For bespoke conditions and licence variations (pre-release): James Hough Email: [email protected] Tel: 0300 047 4475
For bespoke conditions and licence variations (post-release): Sajjda Zafar Email:[email protected] Tel: 0300 047 4559 For TACT/extremism issues: Max Beatson – Head of Extremism. Email - [email protected] Tel: 0300 047 4367 Associated PC11/2008 - Victim Liaison Policy Guidance Manual documents PSI 18/2014 - Licences, Licence Conditions and Polygraph Examinations
Replaces the following documents which are hereby cancelled:- PI 20/2012 - Licence Conditions and Temporary Travel Abroad
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
CONTENTS
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Section Subject For reference by: 1 Executive Summary 1.3 Background 1.5 Desired outcomes 1.6 Application Probation staff 1.11 Mandatory actions involved in the 1.13 Resource impact management of 2 Licence Conditions licences. 2.2 Standard conditions 2.4 The “Good Behaviour” Condition 2.6 Additional Licence Conditions 2.12 Approving Additional Conditions 2.14 Judicial Recommendations 2.17 MAPPA National Probation Service staff only 2.18 Conditions for Extremist/Terrorist Offenders 2.20 Bespoke Conditions Probation staff 2.22 Electronic Monitoring involved in the 2.23 Polygraph Examinations management of 2.27 Polygraph Examination Criteria licences. 2.30 “Supervision” in Child Contact Licence Conditions 2.34 Exclusion Zones 2.41 Victims and Licence Conditions National Probation Service staff only 2.49 Issuing of Licences Probation staff 2.51 The Initial Induction Meeting involved in the management of 2.52 Review of Additional/Bespoke Conditions licences. 2.54 Licence Variation 3 Temporary Travel Whilst on Licence Probation staff who 3.6 Who may authorise requests are reviewing an application from an 3.8 Formulating a decision offender to travel 3.15 Employment-related temporary travel abroad on licence 3.18 Lifers and IPPs on a temporary basis. Annex A Additional Licence Condition Criteria and Table Annex B Additional Licence Conditions ONLY for Extremist Offenders Annex C Flowcharts for Standard Determinate Sentence Prisoners Probation staff Annex D Flowcharts for 1991 Act Unconverted Determinate Sentence involved in the Prisoners management of Annex E Flowcharts for Indeterminate Sentence Offenders and all licences. Recalled Offenders Annex F Easy Read Guidance on Licence Conditions (Included as separate document)
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1. Executive Summary
1.1 This Instruction updates the arrangements for the application of standard and additional licence conditions for offenders being released on licence following the introduction of the National Probation Service and the creation of the Community Rehabilitation Companies. It includes menus of additional conditions that can be applied if it is considered that such conditions are necessary to manage risk effectively, including conditions that may be applicable when managing extremist offenders. This instruction also includes a breakdown of who is responsible for approving additional conditions for each type of sentence.
1.2 This instruction does not address the allocation of offenders on licence to the National Probation Service and the Community Rehabilitation Companies. For information on that, please see the separate instruction.
Background
1.3 The aims of the licence period are to protect the public, to prevent re-offending and to secure the successful re-integration of the offender into the community. Licence conditions must be preventative as opposed to punitive and must be proportionate, reasonable and necessary.
1.4 A new additional licence condition, to require certain sexual offenders in England and Wales to undergo polygraph examinations became available 6 January 2014, following commencement of provisions contained in Sections 28-30 of the Offender Management Act 2007. Criteria have been set for those offenders for whom the condition must be sought and there is also provision for Divisions to make a limited number of conditions, where the offender falls outside the criteria and about whom there are risk concerns, which must first be approved via telephone referrals to NOMS OMPPG Sex Offender Team.
1.5 The wording of the standard licence conditions regarding residency has been updated to reflect the wording contained within the 2005 Order. The previous wording indicated that the offender need only inform the supervising officer (the Offender Manager who is supervising the offender’s period on licence) of the stay away from the approved address, whereas the new wording makes clear that permission must be obtained by from the supervising office prior to this. Offenders will need to be informed of the correct meaning of the condition and the need to request permission from the supervising officer before any intended change of residence.
Desired outcomes
1.6 This Instruction has been issued to ensure that sufficient advice has been given to enable staff to accurately access whether licence conditions are necessary and proportionate on a case by case basis and that the appropriate staff are aware of:
standard licence conditions; and, the menu of additional licence conditions available to facilitate the effective management of risk in respect of offenders on licence; and, the menu of additional licence conditions available, if necessary, in respect of extremist offenders; and, the process for approving additional and bespoke licence conditions; and, the criteria for considering applications from offenders on licence to travel abroad.
Application
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1.7 The procedures for the arrangement and application of licence conditions are the same, regardless of whether the offender is managed by the National Probation Service or a Community Rehabilitation Company. Throughout this instruction, unless otherwise specified, any actions for the supervising officer are for whichever provider of probation services has been assigned the individual case.
1.8 Section 2 of this Instruction provides guidance on the process to be followed when seeking additional licence conditions, as well as the criteria to be met when considering whether such conditions are both necessary and proportionate:
Annex A provides the menu of additional licence conditions available; and, Annex B provides a menu of additional licence conditions that are available for extremist offenders only; and Annexes C, D and E are flowcharts which illustrate the process applying for additional licence conditions.
1.9 Section 3 of this Instruction provides guidance on the process to be followed when an offender wishes to travel abroad on a temporary basis while they are on licence.
1.10 The previous version of this instruction contained the forms for the variation and suspension of indeterminate sentenced prisoners (ISPs) including both offenders subject to life sentences and indeterminate sentences for public protection (IPPs). These forms have been removed from this version of the instruction as they are now included on NDelius.
1.11 A prison facing version of this instruction has been published. It is PSI 18/2014 “Licences, Licence Conditions and Polygraph Examinations”.
Mandatory actions
1.12 Managers in any provider of probation services must ensure that their staff are aware of, and comply with, the mandatory requirements which are summarised below:
A licence must contain the six standard licence conditions as set out in 2.3. Supervising officers must ensure that any additional condition for a determinate sentence prisoner is necessary and proportionate in order to manage and/or reduce the risk of further offending of any nature. This will be determined by the offender’s identified risk factors, which in turn will be based upon his/her previous offending. Requests for licence conditions must be made on the PD1 form, no later than 28 days prior to the offender’s release. Supervising officers must ensure that all sexual offenders who meet the qualifying criteria (legal basis for seeking the condition) are assessed against the NOMS mandatory criteria and if both sets of criteria are met, a polygraph requirement must be requested via the PAROM 1 to the Parole Board or the PD1 to the Governor of the releasing prison using the wording contained in Annex A. Prior to release (six months for MAPPA cases and three months for non MAPPA cases unless sentence length prevents it) supervising officers must contact the local police (and the relevant Victim Unit if applicable) and take into account MAPPA meetings where applicable, to establish if there is a case for additional conditions to be inserted, although the final responsibility for recommending licence conditions remains with the Probation Provider. Supervising officers must explain each condition of the licence and consequences of breach on the first occasion the offender reports following release from custody. The offender must be asked to sign the licence in order to show that they understand their conditions.
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Supervising officers must explain to offenders already on licence the meaning of the standard residency licence condition as amended, so that they are clear that the condition requires them to seek permission from their supervising officer prior to staying at an address different from the original agreed address. Any additional licence conditions must be taken from Annex A, except for bespoke conditions which must be approved by NOMS Public Protection Casework Section (PPCS), and those included in Annex B which may only be used for extremist offenders. For the purposes of this document, extremist offenders includes all those convicted of offences under terrorism legislation; those whose offending is known to be linked to extremist organisations or causes including but not limited to Al Qaida inspired, extreme right wing or extreme left wing, animal rights or environmental issues; and those where evidence shows that they have been radicalised whilst in custody. These conditions have been designed to manage the specific risks to the community that may be posed by these types of offenders. As with other additional conditions, they should only be used where they can be demonstrated to be necessary and proportionate. The wording of any additional licence condition from Annex A or B must not be modified except where allowed by the use of capital letters inside square brackets. The criteria for consideration of temporary travel abroad requests at 3.11 must be applied in all cases on a case by case basis, except where the business related criterion in 3.15 is more appropriate, in which case it must be considered instead of criterion 1 in 3.11.
1.13 Managers in the National Probation Service must ensure that staff are also aware of the following mandatory actions:
Supervising officers must ensure that any additional licence condition in respect of an indeterminate or extended determinate sentence prisoner has a causal link to the kind of risk to the public that the sentence was imposed to address (i.e. intended specifically to manage and reduce the risk of further sexual or violent re- offending). It must also be possible to demonstrate that the condition is both necessary to manage the risk and proportionate to the level of risk.
Resource Impact
1.14 The arrangements set out in this instruction for the setting of licence conditions are already in place but the processes have been updated in line with the operating model for the implementation of the National Probation Service and Community Rehabilitation Companies. The resource impact of the application of polygraph examinations will be discussed in an instruction to be published later this year prior to commencement.
(Signed)
Colin Allars, Director of Probation, NOMS on behalf of Digby Griffith, Director of National Operational Services, NOMS
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2. Licence Conditions
2.1 Offenders released from custody into the community for a period of time to be spent on licence as part of their sentence will be bound by a number of licence conditions. The standard conditions and additional conditions which can be tailored to managing the risk of serious harm and addressing the offender’s rehabilitation are explained below. Where an offender is released from custody but not on licence, they are not bound to licence conditions as discussed in this instruction.
Standard Conditions
2.2 Menus of licence conditions have been derived from Criminal Justice (Sentencing) (Licence Conditions) Order 2005 (2005 Order), to apply to offenders sentenced under the CJA 2003. In order to ensure consistent treatment of cases, these menus of licence conditions are also used as guidance for licence conditions for those all groups of offenders who are subject to release on licence.
2.3 A licence must contain the six standard licence conditions set out below. Wording may vary slightly on some standard licences such as some Indeterminate Sentenced Prisoner (ISP, meaning a life sentenced offender) or Indeterminate Sentence for Public Protection (IPP)) licences.
i) To keep in touch with your supervising officer in accordance with any instruction you may be given; ii) If required, to receive visits from your supervising officer at your home/place of residence (e.g. an Approved Premises); iii) Permanently to reside at an address approved by your supervising officer and obtain the prior permission of the supervising officer for any stay of one or more nights at a different address; iv) Undertake only such work (including voluntary work) approved by your supervising officer and notify him or her in advance of any proposed change; v) Not to travel outside the United Kingdom unless otherwise directed by your supervising officer (permission for which will be given in exceptional circumstances only) or for the purpose of complying with immigration/deportation; vi) To be well behaved, not to commit any offence and not to do anything which could undermine the purpose of your supervision, which is to protect the public, prevent you from re-offending and help you to re-settle successfully into the community.
The residency condition has been updated to reflect the wording contained within the 2005 Order. The previous wording indicated that the offender need only inform the supervising officer of the stay away from the approved address, whereas the new wording makes clear that permission must be obtained by from the supervising office prior to this. Offenders already on licence, as well as those due to be released, must be informed of the correct meaning of the condition and the need to request permission from the supervising officer before any intended change of residence.
The “Good Behaviour” Condition
2.4 The “Good Behaviour” condition (listed in 2.3 as vi) is designed to cover the majority of eventualities. For example, it can be used to deal with activities which are thought to be leading to reoffending, associating with other known offenders, inciting hatred in respect of extremist offenders, and any behaviour or incident that might give rise to an increased risk of serious harm or re-offending. Additional conditions should only be used to cover specific areas of concern which supervising officers feel cannot explicitly be covered by this condition. In short, the “Good Behaviour” condition contains sufficient authority to manage
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the majority of risks in the community. It is only where there is a specific concern that needs to be addressed that additional conditions should be added to a licence. These considerations must be explained to the offender at the initial meeting, as per 2.50 below.
2.5 Should the offender be signed up to a voluntary agreement outside of the licence then any non-participation in the scheme by the offender is their own choice and cannot be considered a breach of the “Good Behaviour” condition. This includes both where an offender refuses to join a voluntary scheme, and where they have started on a scheme but decide afterwards not to follow its requirements. Neither the Approved Premises Rules nor those in place at an offending behaviour course constitute a voluntary agreement, and failure to comply with them can lead to enforcement action under the “Good Behaviour” condition of the licence, including recall to custody.
Additional Licence Conditions
2.6 Licences may also include additional conditions, for example, exclusion zones or non- contact requirements, provided that these requirements fall within one of the categories prescribed in Statutory Instrument No 648 of 2005 of the Criminal Justice (Sentencing) (Licence Conditions) Order 2005.
2.7 These types of requirements are:
(a) a requirement that he/she reside at a certain place; (b) a requirement relating to his/her making or maintaining contact with a person; (c) a restriction relating to his/her making or maintaining contact with a person; (d) a restriction on his/her participation in, or undertaking of, an activity; (e) a requirement that he/she participate in, or co-operate with, a programme or set of activities designed to further one or more of the purposes referred to in section 250(8) of the 2003 Act; (f) a requirement that he/she comply with a curfew arrangement; (g) a restriction on his/her freedom of movement (which is not a requirement referred to in sub-paragraph (f)); (h) a requirement relating to his/her supervision in the community by a responsible officer.
2.8 If supervising officers assess that standard conditions are not sufficient to assist the offender’s successful integration into the community, to prevent further re-offending and ensure the protection of the public, they may give consideration to using the additional conditions at Annex A or B to this instruction. If a condition is used from this list then the exact wording must be used and it must not be altered or tailored in any way, except for selecting specific options from within any square brackets in the relevant condition. If further tailoring is required, then supervising officers should seek advice from the Public Protection Casework Section (PPCS) in NOMS.
2.9 When putting together the risk management plan prior to release the supervising officer must contact the local police force, and the relevant Victim Unit (where there is a Victim Liaison Officer involved in the case) and any partner agencies in the MAPPA process (if the offender is MAPPA eligible) to ascertain if there is a case for the inclusion of additional and/or bespoke conditions. Additional conditions may also be proposed at MAPPA meetings, but it is for the supervising officer to make requests for additional licence conditions as part of their Risk Management Plan as per 2.12 below. The only conditions that may be approved are those that are necessary and proportionate to the management of the offender’s risk in the community.
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2.10 The supervising officer must decide in consultation with their senior managers if the request for an additional licence condition(s) is both necessary and proportionate to manage the offender’s risk.
Necessary means that the condition is necessary to enable the supervising officer to manage the risks identified and no other less onerous condition will suffice. The condition must be needed to allow for effective management of the offender. Proportionate means that any restriction or loss of liberty arising from the imposition of the condition is proportionate to the level of risk presented by the offender that no other less intrusive means of addressing the risk is available or appropriate. The condition cannot go further than is necessary to manage the risk.
2.11 If the supervising officer and senior managers are so satisfied on both counts, they must make a formal application for the condition to be included in the licence. Wherever possible, the prison must provide the Pre-Discharge Form 1 (PD1) to the supervising officer by the thirteenth week prior to the offender’s release. Supervising officers must complete the PD1 form when requesting licence conditions and must provide a full explanation as to why additional conditions are deemed necessary and proportionate. Wherever possible, this must be completed by the required deadline of no later than 28 days before the offender’s release. Where additional conditions have to be approved by the Parole Board, supervising officers must factor in the need to allow for sufficient time for the request to be considered. It is also the supervising officer’s responsibility to confirm to the Victim Liaison Officer (if applicable) the progress of any victim related licence conditions, including when they are put forward to the decision making authority, and whether they were accepted onto the licence.
Approving Additional Conditions
2.12 Additional conditions can only be inserted and can only be enforced if they are lawful. It is the duty of the responsible authority to review the requests for additional conditions from supervising officers. This authority breaks down as follows:
o Where a prisoner is released automatically under a statutory duty for the Secretary of State to release the prisoner, the Governor will be responsible for setting the licence conditions, and will retain responsibility after any recall; o Where the initial release is made at the discretion of the Parole Board, then the Board will be responsible for approving the conditions and will retain responsibility after any recall.
For old sentences and those sentenced to the Extended Determinate Sentence where there is a Parole Eligibility Date, as above, responsibility for approving licence conditions will depend on whether the initial release is by the Parole Board or the offender has been released at the automatic release point.
2.13 Prison Governors can only approve requests for licence conditions and do not have the authority to insert licence conditions that have not been submitted to them. Should there be multiple versions of a victim related condition submitted, such as two versions of an exclusion zone, the Governor must decide which of the conditions best meets the requirements set out in 2.10 taking into account any evidence or arguments put forward by the supervising officer and the Victim Liaison Officer/Victim.
Judicial Recommendations
2.14 The CJA 2003 introduced a power for sentencers, when passing sentences of more than 12 months on those who have committed offences on or after 4 April 2005, to recommend
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to the Secretary of State the inclusion of specific additional licence conditions. The Secretary of State is required to give due regard to any such recommendation, which will be considered by the supervising officer in consultation with PPCS. There is a presumption that wherever possible, all such recommendations will be included when releasing a prisoner on licence. However, it is accepted that in some cases, the circumstances of the offender may have changed to such a degree that the concerns leading to the judicial recommendation are no longer relevant or that the condition may be detrimental to managing the offender’s risk.
2.15 The Governor of the holding prison must send information on any judicial recommendations to the relevant probation provider shortly after the prisoner has been received following sentencing into custody using a copy of the record sheet 5089. The NPS court officer must record locally any court-recommended condition(s). The supervising officer must ensure that they are considered prior to ANY type of release under Chapter 6 of the CJA 2003 occurring. Those types of release (under the CJA 2003) are:
Release on HDC; Early release on licence on compassionate grounds; An extended sentence prisoner (in relation to those aged 18 or over only); A standard determinate sentence prisoner. Any court-recommended condition in respect of a prisoner liable to deportation, but who is released from custody on licence (as in the above bullet points) rather than held under Immigration Service powers (i.e. NOT previously removed under the Early Removal Scheme), should also be considered.
2.16 If the supervising officer assesses the recommended licence conditions as not being necessary or proportionate to managing the risk of the offender in the community, they must consult with PPCS to seek authority to omit such conditions from the licence. In cases where PPCS feels it to be detrimental or inappropriate to include the court-recommended licence condition in the licence, it will write to the sentencing judge to advise him/her of the decision and will provide reasons, and will also inform the Governor of the holding prison so that it may be recorded.
MAPPA
2.17 MAPPA meetings do not have the authority to set licence conditions; their role is to make recommendations based on previous offending behaviour, criminal associations, victim considerations and any other community risk factor. Any requests for conditions that arise during the course of a MAPPA meeting should be treated as suggestions for consideration. If the supervising officer accepts the inclusion of a licence condition proposed at a MAPPA meeting, they should include this in the proposed licence. Where the supervising officer does not agree with the MAPPA-proposed conditions, this should be discussed at the meeting, and the conclusion recorded in the minutes. If the supervising officer believes that they will need to discuss a suggested condition with senior staff, legal advisors or PPCS before they can agree it at the meeting, they should state so and feedback to the members after the consultation has been conducted. Victim-related licence conditions should be considered as per 2.45 below.
Conditions for Extremist/Terrorist Offenders
2.18 These conditions are set out in Annex B and have been designed to manage the specific risks to the community that may be posed by offenders convicted of extremist or terrorism related offences in the event that the supervising officer considers the management of the risk in the community requires additional licence conditions not covered by those listed in
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annex A. As with other additional conditions, they must only be used where they are necessary and proportionate.
2.19 Pre-release planning for extremist offenders should start with a multi-agency meeting at least six months before release. The MAPPA panel may recommend certain conditions based on the information that they have on the offender but it is up to the supervising officer to decide, in consultation with senior managers, what conditions are necessary to manage the risk posed. Annex B sets out examples of the type of conditions that can be used to manage specific risk factors associated with extremist offending. They must not be used for other types of offenders.
Bespoke Conditions
2.20 If standard or additional licence conditions set out in Annex A or B are not judged to be sufficient to manage specific risk factors, consideration must be given as to whether, exceptionally, an application needs to be made for a “bespoke” condition. If so a formal application must be made by the supervising officer to the PPCS Licence Variation Team. The application must set out why it is necessary and proportionate to manage a specific risk factor by a condition not listed in Annex A or B. PPCS will consider such requests within two days of the application being received. Where necessary, the caseworker will consult with legal advisors, not only on the lawfulness of the condition, but on how it should be drafted. Where an application is refused, the PPCS caseworker will provide reasons and will advise on what other conditions may be used or adapted to assist in managing the risks identified in the application.
2.21 Any bespoke condition which seeks to impose something different from the menu of additional conditions must:
(i) fall within one of the requirements listed in 2.7; and, (ii) not be applied to a licence without seeking agreement to this “bespoke” condition from PPCS.
Electronic Monitoring
2.22 The application of Electronic Monitoring related licence conditions is restricted to offenders who are Critical Public Protection Cases (CPPC) and/or being managed at MAPPA Level 3, or those who are being released on Home Detention Curfew (HDC).
Polygraph Examinations
2.23 Legislation was passed in July 2013 to allow polygraph examinations to be carried out on licence for certain sexual offenders released from prisons to addresses in England and Wales. This had previously been piloted in the East and West Midlands regions between 2009 and 2011, and approval has been obtained to roll it out.
2.24 The legal provisions are contained in Sections 28-30 of the Offender Management Act 2007 and the power was commenced 6 January 2014. The provisions allow for all “qualifying offenders” to take the polygraph examination but NOMS has set additional criteria in order that it can be demonstrated that all conditions requested meet the necessary and proportionate test in 2.10. The paragraphs below set out the criteria for the required application of the polygraph examination, as well as information about how the NPS can apply the condition on a discretionary basis.
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2.25 Supervising officers must make a request for Indeterminate Sentenced Prisoners (ISPs) via the PAROM 1 and for determinate sentenced prisoners via the PD1. The wording of the condition must be:
To comply with any instruction given by your supervising officer requiring you to attend polygraph examination. To participate in polygraph sessions and examinations as instructed by or under the authority of your supervising officer and to comply with any instruction given to you during a polygraph session by the person conducting the polygraph.
2.26 Further advice to supervising officers on identifying offenders who should be subject to the additional polygraph examination condition, the preparation of PAROM1 and PD1 reports, preparing and managing the offender subject to such a condition, and enforcing the condition will be issued prior to examinations commencing. (This is presently scheduled for Autumn 2014). Interim guidance was issued in October 2013 which should be followed until the new instruction is issued.
Polygraph Examination Criteria
2.27 Polygraph examinations must be used where it is necessary and proportionate to manage the individual’s risk. In addition to those mandatory examined offenders a limited number of sexual offenders outside of these criteria may be examined on an elective basis but only with the approval of a senior manager in the relevant NPS Region.
Required/Must be examined Cases
2.28 If an offender meets each of the three criteria below, then the polygraph condition must be applied. If a supervising officer has any reason why an offender who meets all three criteria should not have the condition applied, then they must contact the Sex Offender Team immediately at NOMS HQ (contact on front cover of instruction).
a) Offender is 18 years or more and is being released on licence to England or Wales from a prison sentence of 12 months or more for Schedule 15 (part 2) sexual offence in the Criminal Justice Act 2003 and,
b) An up-to-date OASys risk of serious harm assessment is that the offender will pose a high or very high risk of serious harm (RoSH) on release; and,
c) The RM2000S score is high or very high, for male sexual offenders. For women sexual offenders (WSOs), the OASys RoSH assessment should be completed after the NOMS Framework for Assessment and Working with WSOs has been worked through with the woman. A condition should be sought for those WSOs where the OASys RoSH assessment rating is high or very high. Similarly, for male offenders who committed their offences below the age of 16 (and for whom RM2000 is, therefore, not relevant), the OASys RoSH rating must be high or very high when OASys is completed in the light of all that is known about the offender’s current dynamic risk of sexual reoffending.
Elective/May be examined Cases
2.29 NPS divisions will be given a limited capacity to examine offenders who satisfy condition (a) but fall outside of (b) and (c) above to account for offenders whose static risk assessment (RM2000S) is not H or VH but for whom there is evidence of dynamic risk factors which point to an imminent risk of sexual reoffending on release. Examples of this are for female offenders, where RM2000 is not used, for offenders whose offence was committed prior to the age of 18 years and where RM2000 is not relevant, or for offenders who have a history
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of non compliance with previous licence conditions such as entering exclusion zones or having contact with victims. The elective cases should have been subject to screening, supervising officers have been instructed via a senior leader’s bulletin (pending a further probation instruction) not to seek conditions for offenders outside of the required criteria without the endorsement of the senior manager in the division with this responsibility who must liaise directly with NOMS OMPPG Sex Offender team who manage the national quota of elective cases.
“Supervision” in Child Contact Licence Conditions
2.30 Additional licence condition 5(b) states “Not to have unsupervised contact with children under the age of …. without the prior approval of your supervising officer and [INSERT NAME OF APPROPRIATE SOCIAL SERVICES DEPARTMENT]”. For these purposes “supervision” means that contact between the offender and the child(ren) must be overseen in person by the supervising officer, a person who has been designated for this purpose by the supervising officer or by a member of the social services department.
2.31 When placing this or a similar condition on an offender’s licence, the supervising officer should make it clear that supervised contact will only be considered as such when a person specified in 2.30 is present. Any other form of contact will count as unsupervised contact, and the supervising officer must make a risk assessment before it can go ahead. The overriding principle must be that the child’s welfare is paramount and that any contact (whether supervised or unsupervised) is in the child’s best interests. Any risk assessment conducted by the supervising officer should be completed in liaison with Children’s Services as appropriate who will be able to feed in the feelings and wishes of the child.
2.32 Should the child be a victim in the case or a close relative, and a VLO has been appointed, then the VLO must be informed and involved in setting up any such meeting.
2.33 This condition should not be used to regulate situations such as chance meetings in public places (e.g. in shopping centres or on public transport). Where it is thought that the offender is attempting to deliberately engineer such meetings with children who are at risk, then it can be considered a breach of the standard “good behaviour” condition instead.
Exclusion Zones
2.34 In some instances it will be necessary to apply for an exclusion zone to prevent an offender from entering or visiting a specific area whilst under supervision. This could include restrictions around schools, addresses of previous victims or locations where the individual is at risk of drug and/or alcohol misuse. Exclusion zones are normally used to prevent further offending associated with a particular area, for example gang related offences or to address an identified threat to a victim or other person identified as being at risk.
2.35 The purpose of an exclusion zone condition must be clear and necessary, and the size of the exclusion zone reasonable and proportionate. Furthermore there may be occasions when it is necessary to balance the views of the victim with the need to support an offender’s effective resettlement. For example, in some cases the offender, with prior approval from the supervising officer, may need to cross an exclusion zone by a prescribed route to get to work, or to enter the zone in order to seek medical care. However, it should be presumed that the access is only granted where there are no other alternatives – the offender’s convenience is not a reason for modifying an exclusion zone.
2.36 It is important that an exclusion zone is drawn as proportionately as possible, to effectively manage the risk that the offender presents and remain practical to manage and enforce. It may be necessary to obtain lifestyle details relating to the victim(s) and their families, such
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as where they live, work and socialise, together with similar information about the offender’s family and lifestyle patterns. Where there is a Victim Liaison Officer (VLO) involved, the supervising officer must discuss the case with them so that the victim’s views are taken into account and the VLO understands the supervising officer’s reasoning for the particular zone (see also 2.43 below with regard to victim considerations).
2.37 Any exclusion zone must be spelt out clearly where possible in terms of road or geographical boundaries such as canals and rivers, and should leave the offender and supervising agencies in no doubt as to whether a breach has occurred. For instance, an exclusion zone drawn across a middle of a field or park where it would leave any doubt as to whether the offender is inside or outside of the zone should be avoided unless there is no way to draw the zone proportionately otherwise.
2.38 The offender must be given a map of the exclusion zone(s), and a list of the road/geographical boundaries (if the map is not detailed enough to show each road or boundary). A copy of the zone boundaries (and list of boundaries if appropriate) must be sent to the appropriate decision maker when applying for the condition.
2.39 Where a large exclusion zone is being considered, supervising officers must consult with PPCS for advice, who in turn may seek legal advice. The term “large” will have a different meaning in a city compared to a rural area, and different considerations will need to be adopted. For instance, the lack of road junctions in a rural area may require a zone to be drawn larger than intended in order to ensure that there are clearly defined boundaries, which would not be an issue in an inner city.
2.40 In general terms, the use of postcode zones should be considered disproportionate, as a breakdown of areas by Royal Mail has absolutely no relevance for arranging exclusion zones based on individual cases. Exclusion zones should always be tailored to the evidenced individual circumstances of the case.
Victims and Licence Conditions
2.41 Victims who qualify for the statutory victim contact scheme have the right to make representations about licence conditions that relate to them and must be informed about relevant conditions which are included in the offender’s licence under the statute of section 35 of the Domestic Violence, Crime and Victims Act 2004 (2004 Act). In cases where the victim does not qualify for statutory contact, but where the National Probation Service has used discretion to provide them with the Scheme, the victim should receive the same level of service as those with a statutory entitlement, and will be able to make representations about licence conditions.
2.42 The Craven Judgement (2001) has allowed for conditions to be imposed on the licence in order to prevent distress caused to the victim by a possible encounter between the victim and offender, rather than to protect them from a specific risk posed by the offender.
2.43 Exclusion zones constitute an interference with the rights of offenders under article 8 of the ECHR (right to a private and family life). However, this interference can be justified if it is necessary and proportionate. Necessary means an appropriate way of interfering with the right bearing in mind the objective it is sought to achieve and proportionate means there is no less intrusive means of achieving that objective. R (Craven) v Home Secretary is authority that sparing the victim and the victim’s family from the emotional harm that may arise from a chance meeting with the offender is an objective that can justify the interference constituted by an exclusion zone. However, the zone and any applicable restrictions must be considered carefully and be no greater in extent or severity than is needed to minimise the risk of chance encounters whilst taking into consideration the
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effects on the offender’s ability to visit family or friends, undertake work or carry out other legitimate activities. The interference with the article 8 rights of the offender’s family must also be considered and it should be recognised that the complete eradication of any risk will often not be achievable whilst maintaining a proportionate exclusion zone
2.44 A “no contact” condition or exclusion zone (see below) does not have to be restricted to the victim of the index offence. It could be the victim of a previous offence where they have been brought into the victim contact scheme on a discretionary basis, or the family of the victim of the index offence, where there is grounds to believe that the offender may target them or seek to make contact even though contact may cause distress. These conditions can even be imposed for the protection of the offender although typically it will suffice to advise the offender to avoid confrontations which could increase his risk. It might also be appropriate to have a “no contact” or exclusion zone condition for someone who is at risk of becoming a victim, or who is vulnerable to the particular risk posed to the offender. This may be particularly pertinent with offenders who have a history of domestic violence, as evidenced by previous call outs, or intelligence from children’s services etc.
2.45 While there is a preference for including the victim’s name in any non-contact conditions, this is not a requirement and in some circumstances there will be strong grounds for not doing so. In such cases the licence condition should only refer to the individual as “victim” or “victim of the index offence”. Where this is required for members of the victim’s family, they should be listed as “victim’s brother” or “victim’s mother” etc. A non-contact condition should never specify the “victim’s family” as it is not a clearly defined group of people.
2.46 In practice supervising officers must liaise with Victim Liaison Officers regarding victim related licence conditions as early in the release planning process as possible, ideally when first drafting the risk management plan for the offender’s release, and keep the VLO informed as to the progress of inserting any victim related conditions into the licence.
2.47 The VLO should ensure that they make clear to the victim the goals of the licence period, the requirement that conditions must be necessary and proportionate, and make sure that they are aware that licence conditions cannot be punitive or be considered further punishment, including exclusion zones. They should also explain that in cases where limited information is available to an offender, that the victim’s general anonymity may be a better protection than placing an exclusion zone on a licence and showing the offender the general area in which they live.
2.48 The 2004 Act requires the probation provider to forward the victim representations about licence conditions to whoever is responsible for making the decision to place those conditions on a licence (either the Parole Board/Prison Governor as appropriate). If there is a disagreement between the supervising officer and VLO on behalf of the victim about the licence conditions requested, the VLO inform the victim of those concerns, particularly if there are concerns that the requested zone is too large or not based on evidence and could be disproportionate. While the victim’s expectations should be managed, the VLO must try to ensure that pressure is not applied to a victim to change their requests which would only result in additional distress.
2.49 If agreement cannot be reached with the victim about the appropriate licence conditions to propose, the Trust is under a statutory duty to forward the victim’s representations to the Parole Board or Prison. The NPS is, of course, not obliged to agree with or advocate the victim’s representations and the supervising officer may apply for a condition that differs from that proposed by the victim. In such circumstances the relevant authority would be required to choose the appropriate condition to include in the licence, based on the evidence provided by the supervising officer and the VLO/victim.
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Issuing of Licences
2.49 When explaining licence conditions to offenders, the supervising officer must ensure that the offender understands any such conditions. This is particularly important with additional and bespoke conditions as they may contain complex or detailed requirements. In addition, staff must take into account any issues such as English as a second language, or learning disabilities that may prevent the offender from understanding completely what is required of them.
2.50 Attached to this instruction is an “Easy Read” guide in Annex F which covers the use of licence conditions. This has been created in line with guidance issued across government. Supervising officers can choose when it is appropriate to use this document, but it has been designed primarily for offenders with low literacy levels or low levels of cognitive functioning.
The Initial Induction Meeting
2.51 At the initial induction meeting the supervising officer must explain the licence conditions on the offender’s licence and that the good behaviour condition covers all aspects of behaviour and can be used to recall offenders to prison if they do something that undermines their supervision in the community. If the supervising officer is aware of a particular area of risk they must highlight it at this meeting. S/he must also explain any specific details of a licence condition, such as the boundaries of an exclusion zone, or the limitations of an IT access condition. A note of this discussion must be recorded on the probation provider’s case management system.
Review of Additional/Bespoke Conditions
2.52 Supervising officers must ensure that Additional or Bespoke Licence Conditions are regularly reviewed to ensure that they remain both necessary and proportionate (as defined in 2.10). Thought should be given to the possible relaxation of restrictions, other than those specifically put in place for the protection of the victim, if an offender is making progress, or their risk of serious harm has sufficiently decreased. The greater the imposition on the offender, the more frequently the condition should be reviewed in order to ensure that it continues to be required and remains proportionate. In most cases any reduction in the licence conditions should only be applied in the last six to 12 months of a determinate sentenced offender’s licence period (as appropriate, depending on the offender’s length of sentence). However, where very restrictive conditions are in place (for example reporting or curfew conditions), these should be reviewed at regular intervals from the date of imposition. The more restrictive the condition the more often the review should be.
2.53 Where there is a licence condition that has been put in place specifically for the protection of the victim, and the circumstances surrounding that condition (for example the psychological harm posed to the victim) remains unchanged, then the condition should not be modified due to the offender’s progress in the community, as the condition has been added for a reason not wholly related to the offender’s behaviour in the community. It should only change where elements related to the victim have changed, i.e. where a victim has moved house to a different property.
Licence Variation
2.54 Most of the standard and some other conditions permit a supervising officer to dis-apply the licence condition on a short term or one off basis if required to uphold the objectives of the supervision period. If supervising officers are finding that they are doing this on multiple occasions or if it is decided that a licence condition should be permanently disabled
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because it is no longer necessary and proportionate, there should instead be a licence variation.
2.55 Applications to vary the licence should be made either to the governor of the relevant prison or the Parole Board depending on who set the licence conditions on the offender’s first release from prison.
2.56 Requests for licence variation should not be submitted unless the supervising officer can provide evidence to show that the offender’s behaviour or risk assessment has changed since release. This is particularly important where licence variations fall to the Governor of the releasing establishment and not the Board
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3. Temporary travel abroad whilst on licence
3.1 The period of post-release supervision on licence forms an integral part of the sentence imposed by the court. To ensure that offenders remain subject to such supervision, temporary travel outside the UK and Islands must be permitted only where it meets the appropriate criteria. The sixth standard condition of a post-release licence states that an offender shall: “Not travel outside the United Kingdom unless otherwise directed by your supervising officer”.
3.2 It is this specific licence condition which provides the legal authority for the general prohibition. The National Offender Management Service has a duty of care to protect the public from those offenders under its supervision. It should be remembered that while overseas on a temporary basis, offenders will not be under supervision by the relevant overseas jurisdiction as there is no legal authority to transfer supervision to a jurisdiction outside the UK and Islands.
3.3 Requests for temporary travel abroad for the purposes of family, business, recreation or holiday must be considered on their individual merits, must not interfere with the sentence plan or increase any risk of re-offending or risk of serious harm, and should contribute positively to the rehabilitation and resettlement of the offender. It is crucial that each case is considered carefully and the aims of the licence are borne in mind, namely to:
i. Protect the public; ii. Prevent re-offending; iii. Re-integrate the offender into the community.
3.4 While Article 8 of the European Convention on Human Rights upholds the right to family life, the second paragraph of that Article allows interference in the exercise of a person’s Article 8 right for particular reasons, including, “for the prevention of disorder or crime...or for the protection of the rights and freedoms of others”. In the case of travel abroad on licence, any such travel would be unsupervised, and so interference is required to ensure that the protection of the public is upheld.
3.5 There is no general prohibition on temporary travel within the UK and Islands (including the Isle of Man and the Channel Islands), provided that supervision arrangements continue to meet the requirements set out in the current National Standards and that the offender complies with the requirements of his licence, including: “Permanently to reside at an address approved by your supervising officer and obtain the prior permission of the supervising officer for any stay of one or more nights at a different address”. It is worth noting that where an offender is intending to travel on holiday to another jurisdiction within the UK and Islands, that it is advisable to contact the probation provider in the other jurisdiction as they may have information that is useful for the home circumstances check to ensure that the proposed accommodation is suitable for the offender.
3.6 Sex offenders subject to notification requirements will have to register their travel with the police as per the requirements on sex offender notification requirements (which includes notification of travel to the Isle of Man and the Channel Islands), and may be required to register upon arrival in certain jurisdictions (i.e. Jersey). The duration of any visit will, therefore, be governed in part by the frequency of contact which the responsible officer may vary. Where an offender is travelling to another jurisdiction within the UK and Islands, the Probation Service (or Social Services in Scotland) should be informed prior to the offender’s arrival. There are contact details for those agencies in PI 14/2014/PSI 20/2014 – Permanent Resettlement Outside England and Wales of Offenders on Licence.
Who may authorise requests
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3.7 Temporary travel outside the UK and Islands for all types of offenders on licence under the supervision of a provider of probation services must be authorised in line with this guidance by a senior manager within the organisation.
3.8 There is no appeal process, and it should be made clear to offenders who do not meet the criteria that they can only expect a different result if the circumstances under which they have applied have changed.
Formulating a decision
3.9 Whilst in principle there is no minimum period of supervision required following release before an application can be considered; enough time must have passed in order to assess the offender’s risk of reoffending and compliance with licence requirements in the community. Where an offender is still in custody and makes a temporary travel abroad request they must be advised that an assessment will be conducted once they are in the community and that a decision will be postponed until then.
3.10 If an offender who has applied for temporary travel abroad is a foreign national, then Home Office Immigration Enforcement (HO IE) must be contacted to ascertain whether the subject is of interest to them and if they have any further pertinent information, or a view on the suitability of travel abroad.
3.11 If there is a Victim Liaison Officer involved in the case, then they should be consulted in order to ensure that there is no victim related risks or concerns. This is of particular importance to criteria #3.
3.12 The following criteria must be taken into account in considering requests for temporary travel abroad.
1) Will the benefits to the offender of travelling abroad be realised if the travel is deferred until after the end of the licence period (for determinate sentence offenders) or suspension of the supervision element of the licence (for indeterminate sentence offenders)?; 2) Are travel or activities carried out abroad connected or potentially connected to the offender’s index offence (e.g. importation of drugs; fraud involving companies set up outside of the United Kingdom; human trafficking)?; 3) Will the travel interfere with the sentence plan or increase any risk of re-offending or risk of serious harm, including risk of serious harm to prior victims?; 4) Will the travel interfere with reporting requirements or attendance at offending behaviour programmes or interventions?; 5) Have there been any concerns regarding a lack of compliance or any escalation in risk of reoffending or risk of serious harm in the past 12 months?; 6) Is the Senior Manager satisfied that the offender can be trusted to return and resume the supervisory period?
3.13 If the answers to questions 1 to 5 are “no” and questions 6 is “yes”, then it can be considered that an offender has met the requirements to qualify for temporary travel overseas, i.e. the case can be considered sufficiently “exceptional” in order to allow an offender to temporarily travel abroad. Any doubt whatsoever must give rise to a refusal and, if necessary, liaison with OMPPG for further advice. Contact details are on the front cover of this instruction.
3.14 Given the importance of the aims of the licence period it will be difficult to satisfy criterion 1 in paragraph 3.10 where the reason for travel is for recreation or holiday purposes only, or
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to satisfy criteria 2 to 6 where an offender is reviewed as being of high or very high risk of serious harm. Where an offender has been on licence for a long time, for instance over five years, has complied with requirements, and there are no significant risk issues, there may be instances where refusing an application could be considered to work against the re- integration of the offender into the community. Where a reviewing officer considers this to be the case, then they could also consider whether this causes the request to travel to meet criterion 1 above.
3.15 If an application by an offender is successful, then full details of any trip that is due to take place must be recorded by the provider of probation services. The offender must supply the responsible officer with the dates and travel details (e.g. flight numbers, ferry times, etc.) when the offender will depart from and return to the UK, and contact details overseas (address and a contact number if possible). All such information must be independently verified wherever possible and recorded on file locally.
Employment-related temporary travel
3.16 If the offender is applying to temporarily travel abroad for business purposes, i.e. in order to seek or undertake employment, the presumption is that the employment has already been reviewed by the supervising officer and found to be suitable. Criterion 1 of the general criteria can pose a potential problem for supervising officers to judge with business-related temporary travel abroad as they are often not in a position to be able to determine accurately whether this type of travel can wait until after a licence period has been completed. Therefore for business related travel abroad, the following criterion applies, replacing criterion 1.
7) Does the employer support the offender’s request to travel abroad, and is the employer fully aware of the restrictions placed on the offender by the licence period?
3.17 Any request to travel abroad for business requires that disclosure of the offender’s offending history has already occurred to that employer, and a written letter from that employer should be supplied to the supervising officer supporting the offender’s request. This should be seen as fulfilling the requirement in the criteria 1; however, the supervising officer may need to further discuss with the offender and employer the arrangements for reporting during this period and should seek to come to a compromise over the time spent overseas and any adjustments to the reporting schedule.
3.18 These requirements will be more difficult to fulfil for self-employed or freelance offenders, due to the need for independent evidence of the need to travel. Therefore criterion 7 will not apply in those cases, and it will be up to the offender to supply sufficient evidence to meet criterion 1.
Lifers and IPPS
3.19 As a general rule for offenders subject to indeterminate sentences, permission to travel abroad during the early part of the licence (prior to the suspension of the supervising element of the licence) must be considered according to the factors listed in section 3.10. Criterion 1 must be considered in relation to the estimated time until the suspension of supervision instead of the end of the licence period.
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Annex A Additional Licence Condition Criteria and Table Any additional condition must be necessary and proportionate and where the sentence is an indeterminate sentence or an extended sentence must have a causal link to the index offence
REQUIREMENTS LICENCE CONDITIONS ADVICE 1. Contact (a) Attend all appointments arranged for you Where a supervising officer requires an offender to attend a session with a Requirement with [INSERT NAME], a psychiatrist / psychiatrist / psychologist / medical practitioner, he or she must be named and psychologist / medical practitioner and co- must be willing to treat the offender concerned. operate fully with any care or treatment they recommend. This condition should only be used if the offender consents to the treatment. Declining to co-operate with this condition means the offender is not addressing his/her offending behaviour and the possible consequence of this needs to be explained to the offender.
Where consent is not forthcoming the expectation that the offender access psychiatrist/psychologist/medical intervention and treatment should be written in (b) Receive home visits from [INSERT the Risk Management Plan and Sentence Plan. If the objective is not complied NAME] Mental Health Worker with then inference can be drawn that the Risk of Serious Harm is not being addressed and the purpose of supervision/rehabilitation undermined. It will then be possible to recall under the relevant standard condition. This should be explained to the offender and recorded as the discussion having taken place.
The requirement that an offender attend a duly qualified medical practitioner also includes any reasonable request to undergo drug counselling.
2. Prohibited Activity (a) Not to undertake work or other organised The age limit is usually to be 16 unless the offender would be in a position of Requirement activity which will involve a person under the trust, in which case the age limit should be 18. age of [INSERT AGE], either on a paid or unpaid basis without the prior approval of your supervising officer;
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REQUIREMENTS LICENCE CONDITIONS ADVICE (b) Not to use or access any computer or This condition should only be used where past offending is linked to use of the device which is internet enabled without the internet, or there is sufficient risk that the offender may in future use the internet prior approval of your supervising officer; and to offend, such as a child sex offender. It is therefore suitable primarily for sex only for the purpose, and only at a public offenders, but may also be considered for offenders with various types of location, as specified by that officer. offences including (but not limited to): commerce related convictions, harassment, hacking, extremism, and any type of conviction where online communications may be linked to further offending.
This condition is intentionally worded to cover all types of devices which grant access to the internet for the user, including computers, internet enabled mobile telephones, tablets (including eReaders such as Kindles, Kobos, Nooks and other devices of this type), gaming consoles (including handheld devices), and television sets with internet access. This is not intended to be an exhaustive list, and supervising officers should ensure that thought is given to the possibility of use of any device with internet access.
This condition is intended to prohibit the offender from accessing the internet, other than in designated public places. The supervising officer should restrict the location from which an offender can access the internet to a public place deemed suitable in each case. This may be one place, or more than one, depending on the case. Suitable locations are likely to include Jobcentres or libraries, but may also include other premises where appropriate, such as the offices of the provider of probation services, or the offender’s place of work. Access from internet cafés or another person’s home should not be allowed under any circumstances.
Should the condition be reviewed and amended during the licence period, and the supervising officer permits access from an offender’s own computer/device, then 2(c) should also be added to the licence in order to ensure that the offender’s internet usage can be checked.
As well as restricting the location, this condition is intended to restrict the purposes for accessing the internet. Suitable purposes should ordinarily only be limited to seeking employment, for study, or for work (i.e. as part of the offender’s
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REQUIREMENTS LICENCE CONDITIONS ADVICE job). However, there may be legitimate circumstances where an offender will seek access in addition to those reasons (e.g. research for legal cases, applying for a driving licence or payment of bills online). In those cases, the offender may request permission from their supervising officer who will review their application against any potential risks.
Examples of restrictions which may apply under this condition include an offender required to use computers only at the college they attend for education, or a requirement using a combination of 2(b) and 2(c) to require an offender to only use a computer or internet-enabled device upon which monitoring software has been installed.
No conditions which allow the use of computers will overrule Approved Premises rule #14, “I must not bring in to the Premises any electrical, electronic or photographic item, unless the Approved Premises (AP) Managers allow it. If any such item can receive live TV broadcasts, I must have a valid licence. I must make sure that any electrical item I have has a valid portable appliance test (PAT) certificate where necessary.” This rule is in order to ensure that any licensing and electrical testing is up to date and in place, as well as preventing any devices which would be inappropriate for a communal setting.
(c) Not to delete the usage history on any This condition is intended to allow for inspection and/or monitoring of internet internet enabled device or computer used usage. This may be in addition to 2(b) as a means of checking compliance with and to allow such items to be inspected as that condition, or by itself. required by the police or your supervising officer. Such inspection may include removal The requirement for the offender to allow monitoring software to be installed onto of the device for inspection and the their equipment will only apply in areas where such software is available to the installation of monitoring software. provider of probation services or the police and agreement among these parties has been reached that it will be used, prior to adding it to the licence.
Refusal to allow a device to be removed for checks can be considered a breach of the condition, as can tampering with any monitoring software installed.
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REQUIREMENTS LICENCE CONDITIONS ADVICE Supervising officers can ask for any or all devices to be presented for inspection. If any others are then found, that would be a breach of the condition.
Supervising officers may want to liaise with their local police force regarding the implementation of checks on equipment, as they may already have equipment and the technical abilities to conduct these checks. This is especially relevant for MAPPA cases, where the police may be keen to investigate the equipment themselves. However, any such checks by the police must be in line with the probation supervision. It must be made clear that prior to any checks being made, the supervising officer must be informed in order to ensure that the frequency of the checks are appropriate to the case.
(d) Not to own or possess more than one This condition is applicable where it is believed that the offender is using multiple mobile phone or SIM card without the prior phones or SIM cards in an effort to conceal offending behaviour or contact which approval of your supervising officer and to is disallowed under other conditions. provide your supervising officer with details of that mobile telephone, including the IMEI The International Mobile Equipment Identify (IMEI) number can be found by number and the SIM card that you possess. typing *#06# into the keypad of most phones or within the battery compartment of a mobile phone. It is used to identify an individual mobile phone, and does not change when the SIM card/phone number is changed.
(e) Not to own or possess a mobile phone This condition would be permissible where a camera phone has been used in with a photographic function without the prior previous offending or there is a risk that behaviour could escalate whereby a approval of your supervising officer. camera phone could be potentially used in future offending. Whilst it would be primarily used against sex offenders, there may be other types of offenders (such as extremist offenders) where individual cases can warrant the condition.
(f) Not to own or use a camera without the For the purposes of this condition, a camera is taken to mean any camera which prior approval of your supervising officer. is not a camera-phone. The word camera is also taken to mean items such as camcorders. The condition is intended to mean both digital and non-digital cameras, including devices such as webcams.
This condition would be permissible where a camera has been used in previous
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REQUIREMENTS LICENCE CONDITIONS ADVICE offending or there is a risk that behaviour could escalate whereby a camera could be potentially used in future offending.
3. Residency (a) To permanently reside at [INSERT NAME This condition expands upon the standard condition to “Permanently to reside at Requirement AND ADDRESS e.g. an approved premises] an address approved by your supervising officer and obtain the prior permission and must not leave to reside elsewhere, even of the supervising officer for any stay of one or more nights at a different for one night, without obtaining the prior address” by allowing for a specific address to be included on the licence itself. approval of your supervising officer; thereafter must reside as directed by your supervising officer.
4. 4. Prohibited (a) Not to reside (not even to stay for one Please see comments under Residency Requirement. Such a condition would Residency night) in the same household as [ANY / ANY normally be more effective if it is combined with a prohibited contact requirement. Requirement FEMALE / ANY MALE] child under the age of [INSERT AGE] without the prior approval of your supervising officer
5. Prohibited Contact (a) Not to seek to approach or communicate Licence conditions requiring an offender not to contact the victim or members of Requirement with [INSERT NAME OF VICTIM AND / OR the victim’s family should ordinarily include the names of the individuals to whom FAMILY MEMBERS] without the prior the ‘no contact’ condition applies. However, there may be circumstances approval of your supervising officer and / or particular to a case where the naming of an individual is not appropriate where [INSERT NAME OF APPROPRIATE SOCIAL placing a victim and/or family member’s name on the licence could cause SERVICES DEPARTMENT]. additional emotional distress.
Consideration should be made on a case by case basis as to whether indirect contact by the offender through another party has breached this condition. Where it can be shown that an offender acted deliberately to cause the indirect contact to occur, they can be considered to have breached the condition.
Both existing Prohibited Contact Requirements – 5(a) and 5(b) - are considered to include the internet as a method of communication and so do not need to be further modified in order to capture this type of contact. They are suitable for use
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REQUIREMENTS LICENCE CONDITIONS ADVICE to limit the use of the offender on social media; however, supervising officers may wish to make this clear to offenders when explaining those conditions.
(b) Not to have unsupervised contact with A licence condition prohibiting unsupervised contact with children should only be [ANY / ANY FEMALE / ANY MALE] children used where there is an identified risk, as evidenced by past sexual offending under the age of [INSERT AGE] without the against children. The use of such a condition is normally to supplement those prior approval of your supervising officer and / conditions which prohibit living or working with young people. The wording of the or [INSERT NAME OF APPROPRIATE condition does allow for inadvertent contact, e.g. through travelling on public SOCIAL SERVICES DEPARTMENT] except transport or going to the shops without breaching the condition. where that contact is inadvertent and not reasonably avoidable in the course of lawful The upper age limit should normally be 16, since the majority of child sex daily life. offences relate to children under 16. The exceptions are offences committed under ss16-19 Sexual Offences Act 2003 where the offender was in a position of trust, and those committed against family members (under ss25 and 26).
Supervising officers should consider whether the offending behaviour indicates that the condition can be restricted to children of one gender. It is unlikely to be proportionate to prohibit contact with all children if the offending behaviour has only been directed towards children of one gender.
Where the risk is not to family members, exceptions to the condition may be needed to allow contact with family members under the age of 16 or 18.
6. Programme (a) To comply with any requirements These conditions are routinely used to ensure offenders participate in offending Requirement specified by your supervising officer for the behaviour programmes, and typically would involve the elimination of those purpose of ensuring that you address your options which do not apply in each case. alcohol / drug / sexual / violent / gambling / solvent abuse / anger / debt / prolific / Where this has been applied to a licence, and the offender fails to meet the offending behaviour problems at the [NAME criteria for a particular offending behaviour programme (such a denier sex OF COURSE / CENTRE]. offender not qualifying for a particular sex offender treatment programme which requires an admission of guilt), then the offender cannot be considered to have
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REQUIREMENTS LICENCE CONDITIONS ADVICE (b) Participate in a prolific or other priority breached the condition. offender project (PPO) [SPECIFY WHICH] and, in accordance with instructions given by or under the authority of your supervising officer attend all specified appointments with your supervising officer and any other agencies for the purpose of ensuring that you address your offending behaviour for the duration of the programme.
7. Curfew (a) Confine yourself to an address approved To be lawful the total number of hours allowed as a curfew is a maximum of 16 Requirement by your supervising officer between the hours hours per day. of [TIME] and [TIME] daily unless otherwise authorised by your supervising officer. This Any curfew over 12 hours needs to be cleared with PPCS and any additional condition will be reviewed by your supervising reporting requirements within the non curfew hours could be unlawful, so these officer on a [WEEKLY / MONTHLY / ETC] should be cleared as well. Further guidance on reporting requirements is given basis and may be amended or removed if it is in section 9 of this annex. felt that the level of risk that you present has reduced appropriately. These curfew hours include any standard curfew added as part of residence at
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REQUIREMENTS LICENCE CONDITIONS ADVICE an Approved Premises (AP). For instance, where an AP has the standard (b) Confine yourself to remain at [CURFEW curfew of 11pm to 6am would count as seven hours towards the maxima of 12 ADDRESS] initially from [START OF and 16 hours. Blanket extended curfews across resident groups beyond those CURFEW HOURS] until [END OF CURFEW in the AP Rules are not allowed, and any extension to curfews must be HOURS] each day, and, thereafter, for such a considered on a case by case basis. period as may be reasonably notified to you by your supervising officer; and comply with Electronic monitoring is only available for offenders on licence who are MAPPA such arrangements as may be reasonably put level 3, including those who are considered Critical Public Protection Cases in place and notified to you by your (CPPC). In those cases, 7(b) should be used. For all other curfew purposes, 7(a) supervising officer so as to allow for your should be used instead. whereabouts and your compliance with your curfew requirement be monitored [WHETHER Any requests in relation to Intensive Supervision and Surveillance BY ELECTRONIC MEANS INVOLVING Programme (ISS) being used as a condition of licence for Young Offenders, YOUR WEARING AN ELECTRONIC TAG should be referred to the Youth Justice Board. OR OTHERWISE].
8. Exclusion (a) Not to enter the area of [CLEARLY The exclusion area must be defined precisely. A blanket ban on entering a large Requirement SPECIFIED AREA], as defined by the town, for example, will not always be acceptable unless the reasons for placing attached map without the prior approval of the zone can be supported by sufficient evidence. The zone should be no bigger your supervising officer. than is reasonably necessary to achieve the objective sought. In order to define the exclusion area as clearly and precisely as possible, it is necessary to draw the boundaries on a map or diagram. The offender must be in no doubt where the exclusion zone begins and ends.
More limited exclusion zones may be used in order to prevent re-offending, for (b) Not to enter [NAME/TYPE OF PREMISES example, preventing an offender from entering an area where there are / ADDRESS / ROAD] without the prior nightclubs and where previous offending has occurred. Furthermore, exclusion approval of your supervising officer. zones can be used to prevent an offender from entering a specific type of premises, such as a pub or an internet café, where it can be shown that such an exclusion is required to manage the offender in the community and is proportionate to the risks posed by the offender. If it is felt that the required exclusion zone would interfere with the offender’s day to day life, then confirmation must be sought from PPCS, who in turn may seek legal advice.
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It may be suitable to relax certain restrictions such as these (when not related to victim contact) on a temporary basis in order to test the offender, before removing them completely through licence variation.
(c) Not to enter or remain in sight of any This condition is primarily designed for child sex offenders where it is linked to [CHILDREN’S PLAY AREA, SWIMMING past behaviours or offences. OMs should also keep in mind where certain BATHS, SCHOOL ETC] without the prior locations may allow for similar behaviour – for instance where an offender is approval of your supervising officer. banned from beaches due to his previous behaviour, it may be advisable to also ban the offender from swimming pools due to the similar nature of the locations.
9. Supervision (a) On release to be escorted by police to Conditions requiring compliance with Approved Premises or other Requirement Approved Premises accommodation rules must be avoided if possible. Such rules are many and varied and it is difficult to argue that recall is always a proportionate response to any breach. If an offender’s consistent refusal to comply with rules presents a real risk to staff or other residents, it would be reasonable to seek to recall him under the condition to be of good behaviour.
(b) Report to staff at [NAME OF APPROVED There should be no blanket approach for reporting requirements based on the PREMISES / POLICE STATION] at [TIME / location where the offender is housed, so it needs to be evidenced that an DAILY], unless otherwise authorised by your offender needs to have this type of condition on their licence in order to manage supervising officer. This condition will be them in the community, and not just because they are currently housed in an reviewed by your supervising officer on a Approved Premises. [WEEKLY / MONTHLY / ETC] basis and may be amended or removed if it is felt that the Any requirement to have more than one reporting period per 12 hours must be level of risk you present has reduced approved by the Post Recall Review Team at PPCS. This includes short curfew appropriately. periods being used to provide the same effect.
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REQUIREMENTS LICENCE CONDITIONS ADVICE (c) Provide your supervising officer with The condition requiring notification of vehicle details should normally only be details [SUCH AS MAKE, MODEL, COLOUR, applied for when the offending relates specifically to the use of a car and/or there REGISTRATION] of any vehicle you own, is a direct causal link between the offender’s identified risk factors and the use of hire for more than a short journey or have a vehicle. As with all licence conditions, inclusion of this condition in a licence regular use of, prior to any journey taking will have to be a necessary a proportionate way of achieving one or more of the place. aims of the licence to be lawful.
As this condition requires the offender to inform his supervising officer prior to travel, it can result in a more organised lifestyle. It is inherent that it is required for travel on more than a short journey, and so should not include typical bus and taxi journeys. Where the offender intends to hire a hire car, they should discuss this with their supervising officer prior to hiring the vehicle as it may not be able to provide details of the specific car prior to hiring it. In this case, the supervising officer should be informed of the intention, and then given the details of the vehicle at the earliest opportunity as discussed.
(d) Notify your supervising officer of any Conditions relating to the notification of intimate relationships can be used if developing intimate relationships with there is a specific risk of groups of people. Where specific risks are involved, a [WOMEN / MEN / WOMEN OR MEN]. blanket ban may be difficult to justify and it would be preferable to say whether the condition relates to males or females and provide reasons. (e) Notify your supervising officer of any developing personal relationships, whether The definition of intimate relationships can be subject to interpretation. In all intimate or not, with any person you know or cases the risk and previous offending behaviour should be carefully considered. believe to be resident in a household Where individuals are known to pose an immediate risk to women/men containing children under the age of 18. This enforcement action may best be planned for through the good behaviour includes persons known to you prior to your condition where concerns are expressed by potential victims or others. time in custody with whom you are renewing or developing a personal relationship with.
(f) To notify your supervising officer of the Conditions (f) and (g) are two levels of essentially the same condition in order to details of any passport that you possess allow for local discretion based on the risks posed by the offender. Condition (e) (including passport number), and of any is the less intrusive version and may be used to reinforce the standard intention to apply for a new passport. constriction which restricts travel abroad where necessary.
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REQUIREMENTS LICENCE CONDITIONS ADVICE
(g) To surrender your passport(s) to your The requirement to hand over a passport should be used only where there is a supervising officer and to notify your perceived flight risk, or where the offence history has a direct link to travel (such supervising officer of any intention to apply as the importation of drugs). Consideration should also be given to safe storage, for a new passport. and liaison with local police on this aspect would be considered best practice. The offender should still be able to access the passport as required should it be needed for other identification purposes (for instance, where a drivers licence is not available), but the supervising officer should take account of this and the passport should be handed back in once that activity is completed.
10. Non- Association (a) Not to contact or associate with [NAMED In most cases it will be difficult to justify a general condition preventing an Requirement OFFENDER(S) / NAMED INDIVIDUAL(S)] offender from associating with “any ex-offender”. The name of the offender must without the prior approval of your supervising be inserted. It is acceptable to require non-association with named individuals officer. who are linked with previous offending (for example, convicted members of a child sex offender ring) or individuals with whom the supervising officer has good reason to believe that association could lead to future offending (for example, a child sex offender who has forged links with other child sex offender whilst in prison). In cases where a person’s offending is not linked to a restricted number of individuals it is more difficult to justify a non-association condition.
Where the intention is to prevent the offender from contacting a victim of a previous offence, condition 5(a) should be used instead.
(b) Not to contact or associate with a known In respect of associating with sex offenders the supervising officer can consider sex offender other than when compelled by this condition if it is reasonable that the offender could be expected to know attendance at a Treatment Programme or certain individuals as they have served on the same wing, attended the same when residing at Approved Premises without programme etc. The supervising officer should evidence this at the point of the prior approval of your supervising officer. enforcing this condition.
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Where an offender is being housed other than at an Approved Premises as required by the provider of probation services and may be associating with known sex offenders due to this, such as at Langley House Trust accommodation, the supervising officer will need to inform the offender that they are not subject to breach under this condition.
(c) Not to contact directly or indirectly any Where an offender is associating with other criminals and there is reason to person who is a serving or remand prisoner believe that the association is likely to lead to reoffending, the offender could be or detained in State custody, without the prior recalled under the good behaviour condition. approval of your supervising officer
(d) Not to associate with any person currently This groups and organisation condition may be appropriate for certain offenders, or formerly associated with [NAME OR but only if there is a clear link between the offending behaviour and/or current DESCRIBE SPECIFIC GROUPS OR risk factors and one or more identifiable groups or organisations such as ORGANISATIONS] without the prior approval extremist groups or gangs. As with other conditions that engage the offender’s of your supervising officer. rights, this condition can only be used where it is necessary and proportionate to manage the risk posed by the offender. You will need to take into account the nature of the offending to check that the condition is justified. Prohibited activity should always be subject to the clause “…..without the prior approval of your supervising officer”. The supervising officer must determine if it is appropriate to grant such approval in all the circumstances of the case.
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REQUIREMENTS LICENCE CONDITIONS ADVICE Polygraph To comply with any instruction given by The application criteria for this condition are described in section 2.23 onwards. Condition your supervising officer requiring you to This is applied under the powers of Sections 28-30 of the 2007 Offender attend polygraph testing. To participate in Management Act. Whilst it was enacted in January 2014, and conditions can be polygraph sessions and examinations as applied from then on, it is not anticipated that examinations will commence prior instructed by or under the authority of to Autumn 2014. your supervising officer and to comply with any instruction given to you during a polygraph session by the person conducting the polygraph.
Although this (a) Attend [INSERT NAME AND ADDRESS], Any offender who is found to be in possession of class A drugs has immediately particular condition as reasonably required by your supervising put himself in breach of the standard condition to be well behaved. is NOT part of the officer, to give a sample of oral fluid / urine in list of order to test whether you have any specified This provision is limited to offenders defined as ‘prolific and other priority’ (PPOs) ‘Requirements’, it is Class A drugs in your body, for the purpose by local Community Safety Partnership (CSPs). It is limited by the Secretary of open to the of ensuring that you are complying with the State to particular drugs (only those listed as class A). The condition must be Secretary of State condition of your licence requiring you to be necessary and proportionate. Beside being PPOs, offenders MUST be over 18, to include it on a of good behaviour. have a substance misuse condition linked to their offending, and have served prisoner’s release their sentence for a ‘trigger offence’ specified by the Criminal Justice and Court licence. However, Services Act, s.64 and Sch.6 (as amended). decisions to include the These offences are: condition in a licence MUST Offences under the following provisions of the Theft Act 1968: accord with the guidance set out in Section 1 (theft) this part of Annex Section 8 (robbery) A. Section 9 (burglary) Section 10 (aggravated burglary) Section 12 (taking a motor vehicle or conveyance without authority)
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REQUIREMENTS LICENCE CONDITIONS ADVICE Section 12A (aggravated vehicle taking) Section 15 (obtaining property by deception) Section 22 (handling stolen goods) Section 25 (going equipped for stealing etc.)
Offences under the following provisions of the Misuse of Drugs Act 1971 are trigger offences if committed in respect of a specified Class A drug:
Section 4 (restriction on production and supply of controlled drugs) Section 5(2) (possession of a controlled drug) Section 5(3) (possession of a controlled drug with intent to supply)
An offence under section 1(1) of the Criminal Attempts Act 1981 is a trigger offence, if committed under any of the following provisions of the Theft Act 1968:
Section 1 (theft) Section 8 (robbery) Section 9 (burglary) Section 15 (obtaining property by deception) Section 22 (handling stolen goods)
Offences under the following provisions of the Vagrancy Act 1824:
Section 3 (begging) Section 4 (persistent begging)
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REQUIREMENTS LICENCE CONDITIONS ADVICE
Alcohol - general advice
Conditions prohibiting the consumption of alcohol are hard to enforce and there may be difficulties in arguing that limited consumption should always lead to recall. There is no statutory provision to allow offenders who are released on licence to be required to comply with an alcohol test. However, the condition to be of good behaviour contains sufficient power to request recall in those cases where risk is unacceptable after alcohol consumption or where an offender is ejected from an Approved Premises for consuming alcohol.
Intrusive alcohol testing can be conducted only with the offender’s consent, though complying with alcohol testing can be made a condition of the Approved Premises rules that an offender is asked to sign on entry. Should technology be available to test alcohol levels without requiring bodily fluids then it may be permissible to do so, but as with any requests for conditions related to alcohol consumption, they should be treated as bespoke and must be approved by the Post Recall Review Team in PPCS so that legal advisors can be consulted.
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Annex B
Additional Licence Conditions ONLY for Extremist Offenders (including those convicted under Terrorist Act legislation) which may be used in addition to those listed at Annex A, providing proportionality is met. The Regional Probation Counter Terrorism Lead MUST be consulted in advance of applying any of these additional conditions.
Any additional condition must be necessary and proportionate and where the sentence is an indeterminate sentence or an extended sentence must have a causal link to the index offence
REQUIREMENTS LICENCE CONDITIONS ADVICE 1. Prohibited (a) Not to contact directly or indirectly any person This condition is in addition to the prohibited contact ones in Annex A and caters Contact whom you know or believe to have been charged for those charged under the Terrorism Acts or those offenders identified as or convicted of any extremist related offence, domestic extremists. Supervising officers should be aware that in some cases, without the prior approval of your supervising offenders will attempt to use this condition to ascertain whether members of officer. certain organisations are either of interest to, or under investigation by the police. Supervising officers should avoid being drawn into discussing individuals if the offender provides a name or list of names. The condition places the onus on the offender to determine whether or not a named individual has been charged or convicted of a relevant offence. .They should be informed that if they believe that the person has been charged or convicted of an extremist related offence then they should not get in touch with them. However, where the offender positively knows that a person has been charged or convicted of such an offence, then they may ask if they may meet with them but only under exceptional circumstances.
2. Non-Association (a) Not to attend or organise any meetings or It is possible to include conditions for these offenders surrounding their worship Requirement gatherings other than those convened solely for and engagement with religious activities if there is a concern that this will the purposes of worship without the prior undermine the purposes of supervision. This needs to be clearly articulated. approval of your supervising officer. Again they should only be used where it is necessary and proportionate to manage the risk. Prohibited activity should always be subject to the clause “…..without the prior approval of your supervising officer” You will need to take into account the nature of the offending to ensure that this condition is justified.
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REQUIREMENTS LICENCE CONDITIONS ADVICE A supervising officer will need to clarify with the offender what a gathering means in their individual case. This can vary depending on the circumstances of the case, and can be specific or broad depending on the risk assessments and other intelligence.
Before giving permission to attend any meeting or gathering the supervising officer should make contact with the regional Probation Counter Terrorism Lead to ascertain if the police have any intelligence or information that may have a bearing on the decision.
3. Restricted (a) To only attend places of worship which have The definition of places of worship is not limited only to locations such as activity been previously agreed with your supervising churches, mosques, synagogue or temples. They may include other areas where officer. religious activities take place, such as prayer rooms (regardless of where those prayer rooms are located). (b) Not to give or engage in the delivery of any lecture, talk, or sermon whether part of an act of worship or not, without the prior approval of your supervising officer.
(c) Not to have in your possession any printed or It is the nature of the offending and evidence from the circumstances of the index electronically recorded material or handwritten offence that justifies the need for this condition. However, the information in the notes which contain encoded information or that material must be within the context of the offending. For example, books promote the destruction of or hatred for any regarding Robin Hood may contain references to 12th century military tactics, but religious or ethnic group or that celebrates, these would not be relevant to an offender on licence unless a specific issue is justifies or promotes acts of violence, or that raised in a risk assessment. contain information about military or paramilitary technology, weapons, techniques or tactics An offender who has been sentenced for a extremist offence should have no without the prior approval of your supervising difficulty understanding what types of texts or materials are relevant to their officer. offending. Where the offender displays a deliberate misunderstanding of this condition, it should be dealt with using the standard good behaviour condition as they are attempting to undermine the purposes of the licence period.
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REQUIREMENTS LICENCE CONDITIONS ADVICE (d) Not to engage in any discussion or act to This may be used where there are grounds for thinking an offender may try to promote grooming or influencing of an individual recruit or engage others in behaviour which supports extremist offending related or a group for the purpose of extremism or to previous offending. This may be based on observed behaviour in custody or radicalisation. on the index offence.
(e) Not to participate directly or indirectly in When explaining this condition to an offender, the supervising officer must organising and/or contributing to any specify the limitation of the condition. For instance, the demonstration, meeting, demonstration, meeting, gathering or website gathering or website must be related to specific groups such as animal without the prior approval of your supervising rights/extreme right wing etc. It should be explained that it is not a broad blanket officer. This condition will be reviewed on a ban to such activities, any such general ban would breach the rights for freedom monthly basis and may be amended or removed of expression and assembly and association. However, under the European if your risk is assessed as having changed. Convention on Human Rights, we can interfere with those rights where it for the prevention of unrest, violence and crime. Therefore any application of this condition must have a specific use.
4. Supervision (a) Provide your supervising officer with the This condition must be carefully applied (for example convicted of offences requirement details of any bank accounts to which you are a related to raising funds for terrorism or extremist activities). It is the nature of the signatory and of any credit cards you possess. offending and evidence from the circumstances of the index offence that justifies You must also notify your supervising officer the need for this condition. when becoming a signatory to any new bank account or credit card, and provide the account/card details. This condition will be reviewed on a monthly basis and may be amended or removed if it is felt that the level of risk that you present has reduced appropriately.
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Annex C
Flowcharts for Standard Determinate Sentenced Prisoners List specific drugs: Name and address of centre: Post Code: 28 27 26 Names of Offenders/OrganisationsIf there is a victim under the SO and VLO discuss any victim victim contact scheme: Supervising officer draws up related conditions risk management plan. 25 Victim Liaison Officer forwards (Annex A Non-Association Requirement) victim related conditions to Supervising officer SO submits licence 24 conditions VLO and victim discuss 23 victim related conditions Governor of releasing establishment considers Victim under VCS submitted licence conditions. 22 GovernorEvery considers day which at: victimApproved related conditions Premises to add or Police Station: to licence (if alternatives submitted).Post Code: Any bespoke conditions 21 considered by PPCS 20 (Annex A Supervision Requirement) AddressesLicence issued you must not go near: 19 Postcode: * Following the implementation of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, all CriminalAddress: Justice Act 1991 sentences have been provided for in Schedule 20B of the Criminal Justice Act 2003. Name of premises: Postcode: Address: PI 11/2014 ISSUE DATE 01/05/2014 Name of premises: Postcode: Address: Name of premises: 18 The area you must not go: 17 (Annex A Exclusion Requirement) 16 Date curfew ends: Time of curfew: Address you must stay at: (Annex A Curfew Requirement) 15 Course/Centre you must go to: 14 Name of course or centre: You must go to get support from: 13 (Annex A Programme Requirement) Social Services Contact: Under the age of ______years Female children Male children All children 12 Social Services Contact: Family members: Victim’s name/s: 11 (Annex A Prohibited Contact Requirement) years old 10 (Annex A Prohibited Residency Requirement) (Annex A Residency Requirement) 9 8 7 x1 x1 6 5 ? ? ? ? ? 4 years old (Annex A Prohibited Activity Requirement) 3 Name: Position: 2 Day: Time: Name: Position: (Annex A Contact Requirement) 1 2 3 + 3 1 ? 1 6 When you will go there: Supervisor: Where you can work or volunteer: 5
Post Code: 4 3 2 1 ?
Offender due to be released is sentenced to a:
CJA 1991 (
EDS where subject to release by the Parole Board (determinate sentence over 4 years) – ‘converted’ by s26 CJ&IA 2008*
CJA 1991 (determinate sentence over 4 years) – not ’converted’ by s26 CJ&IA 2008, and released automatically at the two thirds point of sentence*
CJA 2003 Standard determinate sentence (SDS)/ extended sentence imposed on or after 14 July 2008
Initial release only List specific drugs: Name and address of centre: Post Code: 28 27 26 Names of Offenders/Organisations 25 (Annex A Non-Association Requirement) 24 23 22 Every day at: Approved Premises or Police Station: Post Code: 21 20 (Annex A Supervision Requirement) Addresses you must not go near: 19 Postcode: Address: Name of premises: Postcode: Address: Name of premises: Postcode: Address: Name of premises:
18 Annex D The area you must not go: Flowcharts for 1991 Act Unconverted Determinate Sentenced Prisoners
Offender due to be released is sentenced17 to a: (Annex A Exclusion Requirement) CJA 1991 (determinate sentence over 4 years) – unconverted – where release is 16by the Parole Board* CJA 2003 extended sentence imposed prior to 14 July Date 2008curfew ends: Time of curfew: AddressEDS where you subject must to stayrelease at: by the Parole Board (Annex A Curfew Requirement)Initial release only 15
Course/Centre you must go to:If there is a victim under the SO and VLO discuss any victim victim contact scheme: Supervising officer draws up related conditions risk management plan. 14 Victim Liaison Officer forwards Name of course or centre: victim related conditions to Supervising officer SOYou submits must go to get support from: licence conditions VLO and victim discuss victim related conditions Establishment adds risk management plan to dossier. 13 (Annex A Programme Requirement) Establishment Victim under VCS Social Servicesforwards dossier Contact: to Parole Board Parole Board review caseUnder for the age of ______years release, including licence conditions. Female children PB agree offender’s Male childrenAny bespoke conditions release and PB refuse conditions offender’s considered by PPCS releaseAll children Establishment prepare licence as per Parole Board’s recommendations 12 Social Services Contact: Offender not released Family members:
Victim’sLicence issued name/s: Offender released 11 * Following the implementation of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, all Criminal(Annex Justice ActA Prohibited 1991 sentences Contact have beenRequirement) provided for in Schedule 20B of the Criminal Justice Act 2003. years old 10 PI 11/2014(Annex A Prohibited Residency Requirement) ISSUE DATE 01/05/2014 (Annex A Residency Requirement) 9 8 7 x1 x1 6 5 ? ? ? ? ? 4 years old (Annex A Prohibited Activity Requirement) 3 Name: Position: 2 Day: Time: Name: Position: (Annex A Contact Requirement) 1 2 3 + 3 1 ? 1 6 When you will go there: Supervisor: Where you can work or volunteer: 5
Post Code: 4 3 2 1 ?
Offender due to be released is sentenced to a:
CJA 1991 (
EDS where subject to release by the Parole Board (determinate sentence over 4 years) – ‘converted’ by s26 CJ&IA 2008*
CJA 1991 (determinate sentence over 4 years) – not ’converted’ by s26 CJ&IA 2008, and released automatically at the two thirds point of sentence*
CJA 2003 Standard determinate sentence (SDS)/ extended sentence imposed on or after 14 July 2008
Initial release only List specific drugs: Name and address of centre: Post Code: 28 27 26 Names of Offenders/Organisations 25 (Annex A Non-Association Requirement) 24 23 22 Every day at: Approved Premises or Police Station: Post Code: 21 20 (Annex A Supervision Requirement) Addresses you must not go near: 19 Postcode: Address: Name of premises: Postcode: Address: Name of premises: Postcode: Address: Name of premises: 18 The area you must not go: 17 (Annex A Exclusion Requirement) 16 Date curfew ends: Time of curfew: Address you must stay at: (Annex A Curfew Requirement) 15 Course/Centre you must go to: 14 Name of course or centre: You must go to get support from: 13 (Annex A Programme Requirement) Social Services Contact: Under the age of ______years Female children Male children All children 12 Social Services Contact: Family members: Victim’s name/s: 11 (Annex A Prohibited Contact Requirement) years old 10 (Annex A Prohibited Residency Requirement) (Annex A Residency Requirement) 9 Developed and illustrated by 8 www.chang epeople.co. 7 Annex E Flowcharts for Indeterminate Offenders and all Recalled Offenders x1 x1 Offender due to be released is sentenced to a: Indeterminate/Life Licences
Any type of offender who has been6 recalled and is subject to review for re-release by5 the Parole Board ?
? If there is a victim under the SO and VLO discuss any victim victim contact scheme: Supervising officer draws up related conditions risk management plan. Victim Liaison Officer forwards ? victim related conditions to Supervising officer SO submits licence conditions VLO and victim discuss ? victim related conditions PPCS adds risk management plan to dossier.
PPCS forwards Victim under VCS ? dossier to Parole Board Parole Board review case for release, including licence conditions. 4 PB agreeyears old Any bespoke conditions offender’s(Annex release A Prohibited Activity Requirement)PB refuse and conditions offender’s considered by PPCS release Establishment prepare licence 3 as per Parole Board’s recommendationsName: Position: Offender not released 2 Day:Licence issued Time: Offender released Name: Position: (Annex A Contact Requirement) 1
PI 11/20142 ISSUE DATE 01/05/2014 3 + 3 1 ? 1 6 When you will go there: Supervisor: Where you can work or volunteer: 5
Post Code: 4 3 2 1 ?
Offender due to be released is sentenced to a:
CJA 1991 (
EDS where subject to release by the Parole Board (determinate sentence over 4 years) – ‘converted’ by s26 CJ&IA 2008*
CJA 1991 (determinate sentence over 4 years) – not ’converted’ by s26 CJ&IA 2008, and released automatically at the two thirds point of sentence*
CJA 2003 Standard determinate sentence (SDS)/ extended sentence imposed on or after 14 July 2008
Initial release only