Implementation of the Service Specification for Bail PSI 09/2012 - PI 04/2013

UNCLASSIFIED

Implementation of the Service Specification for Bail Services

This instruction applies to : Reference :

PSI 09/ 2012 All Prisons and Probation Trusts PI 04/2012 Issue date Effective Date Expiry Date Implementation Date Update 19 August 2013 1st April 2012 31st March 2016 Issued on the authority NOMS Agency Board of For action by Governors/Directors of Contracted Prisons, Heads of Groups, policy leads. Chief Executives and Board Chairs of Probation Trusts For information All staff in NOMS HQ

Contact Neil Stone Email: [email protected] Mobile: 07834 526101 Associated documents The specification for Bail Services, Operating Model, Direct Service Costs and Assumptions Document and Costing Spreadsheet, found at: NOMS directory of service specifications PC 19/2005 Bail Information Schemes PSO 6101 Bail Information Scheme PSI 25/2013 PI 10/2013 Accommodation and Support Service for Bail and HDC PI 11/2011 Implementation of the Court Work other the Assessments and Reports Specification Replaces the following documents which are hereby cancelled- None Audit/monitoring : Public Prisons: Deputy Directors of Custody (DDCs) will monitor compliance in their region with the mandatory actions set out in the associated Specifications.

Private Prisons: Monitoring of compliance will be through the standard contract management processes.

Probation: Where there is an existing Service Level Agreements in place Probation Trusts are expected to comply with all aspects of that SLA but actively work with the NOMS Agency to amend the SLA in line with emerging new policy, mandatory actions and performance measures. Introduces amendments to the following documents: None Additional Notes: Updated 19 August 2013 - BASS PSI 34/2010 – PI 09/2010 has now been cancelled and replaced by PSI 25/2013 – PI 10/2013. Paragraph 1.7, and the contact details and the associated documents on the front page of this PSI have been amended accordingly referencing the new instruction.

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CONTENTS

Section Subject Applies to 1. Executive Summary All Staff 2. Operational Instructions All Staff 3. Policy and Strategic Context All Staff 4. Guidance All Staff Annex A Further Guidance on the Service Elements All Staff and Outputs Annex B Template for Bail Information Reports All Staff

LINK TO SPECIFICATIONS http://www.justice.gov.uk/about/noms/noms-directory-of-services-and-specifications.htm

1. Executive summary

Background

1.1 The specification for bail services was published on 15th November 2011 with full implementation to commence on 1st April 2012. The specification sets out the key outcomes, service elements and outputs for bail services in both court and custodial settings as it is evident that whilst the locations may vary the outputs are comparable. The specification defines three key outcomes for bail services as;  Bail Services are targeted to reduce unnecessary remands in custody  Courts are provided with factual and independent advice regarding bail suitability and services available  Recipients of bail services understand the bail conditions or bail support services they must comply with whilst awaiting the outcome of court proceedings.

1.2 The bail services specification also integrates outputs from two other service specifications. Outputs from the Bail Accommodation and Support Services (BASS) specification include the “referral and liaison service outputs”. From the specification for Court Work other than Assessments and Reports, the bail services specification includes “court decisions being communicated” and “sentencers or judicial knowledge and confidence is promoted”. These outputs have been combined to increase efficiencies.

1.3 Section 4 of the Offender Management Act 2007 provides that certain arrangements may only be made with a Probation Trust or other public body (restricted probation provision s4 (1)) and this includes “giving assistance to any court in determining the appropriate sentence to pass, or making any other decision, in respect of a person charged with or convicted of an offence (s4 (2)). This means that the provision of information to assist the court is a “restricted probation provision”.

1.4 PSO 6100 and 6101 define the bail system and set out the requirements for bail information schemes to provide bail services in custodial settings. The orders confirm that it is a mandatory requirement for all establishments that hold remand prisoners to have “a comprehensive bail information scheme in place”.

1.5 The service specification and supporting operating and cost models do not apply to bail services commissioned with Youth Justice funding or to the provision of specialist advice to Asylum and Immigration Tribunals.

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Desired outcomes

1.6 This instruction aims to ensure that;

 Bail services in both courts and community settings are delivered throughout England and Wales to achieve the outcomes and outputs in the service specification.  Staff responsible for delivering bail services understand and act upon the mandatory requirements set out in the specification.  Staff delivering bail services ensure that they target their enquiries in line with the defined criteria for their setting  When providing bail services, staff ensure they address specific concerns given in opposition to bail and make referrals to relevant services including BASS or promote packages of bail support where appropriate  Probation Managers or staff engaged in promoting or increasing the knowledge and confidence of judges and magistrates do so on behalf of the trust or other providers of bail services.  Commissioners and providers monitor performance against the outputs in the specification document.

Mandatory actions

1.7 Chief Executives of Probation Trusts and Prison Governors or Directors of Private Prison holding remand prisoners must ensure that bail services are delivered in accordance with the service specification. All of the outputs in the specification are mandatory. [Para 1.7 replaced xx/08/2013 to conform with PSI 25/2013 – PI 10/2013]

Resource Impact

1.8 At present there is a mixed economy of bail services within different geographical areas or settings. Some probation trusts provide a pro active targeted service to courts whilst other trusts may provide a service that only responds to a specific request from Magistrates or Judges. Within prisons the provision of bail services is mandatory for those establishments holding remand prisoners however many have combined this with legal services. In both courts and prisons there can be a variation in the staff providing bail services or reports. The cost model, developed with the specification, is based on the use of Probation Service Officer grade staff as an efficient use of resources.

1.9 During the past few years additional funding has been made available to support bail services and promote referrals to BASS. In prisons this funding was to augment core bail information services but where allocated to probation this was to initiate a new service. The distribution of the additional funding was discretionary and this resulted in regional variations in the levels of investment awarded to different prisons and probation trusts. With the implementation of this specification there is a new requirement placed on all probation trusts to provide targeted bail services at court to prevent unnecessary remand in custody. Currently it is anticipated that the additional funding will be redistributed to probation trusts to support this activity. The cost for delivering bail services within prisons is already awarded within their core funding.

1.10 It is difficult to predict the exact extent of any resource impact as bail services in both prisons and probation trusts have not been centrally monitored nor are they recorded on case management systems. It is anticipated that a comprehensive review of bail strategy and policy will be undertaken in the near future and part of the work will be to confirm the arrangement for the monitoring of bail services across probation and prison settings.

2. Operational instructions

2.1 The specification is to be implemented from 1 April 2012, full implementation must be demonstrated by 1 October 2012.

2.2 Staff providing bail services within a custodial setting must familiarise themselves with the contents of PSO 6100 and 6101.

3. Policy and strategic context

3.1.1 The legislative framework for bail is currently defined in the Bail Act 1976, as amended, which sets out a general presumption of bail, recognising that a person should not be deprived of his/her liberty unless that is necessary for the protection of the public or the delivery of justice. Despite this presumption for bail in 2010, around 60,000 adult defendants were remanded in custody (of whom 20% were remand in custody throughout the whole proceedings).

3.1.2 The number of people remanded into custody has continued to rise although the percentage who are subsequently sentenced to a term of imprisonment is relatively low. This was identified in the government’s recent green paper and the Legal Aid and Sentencing and Punishment of Offenders Bill proposes to “restrict the court’s power to remand adult unconvicted defendants in custody where there is no real prospect that the defendant would receive a custodial sentence if convicted”. The implications of this change in legislation on bail services, at court or in custodial settings, is yet to be established and further guidance may need to be produced after the completion of the strategic review.

4. Guidance

4.1 Further guidance on the service elements and outputs can be found at Annex A

4.2 For further information on the Bail Services Specification contact: [email protected]

4.3 For further information on the BASS Specification contact Peter Connor:

email: [email protected]

(signed)

Digby Griffith Director of National Operational Services, NOMS

Annex A PSI 09/2012/ PI 04/2012

Further Guidance on Service Elements and Outputs

1.1 The specification sets out five service elements which support the key outcomes and need to be delivered by bail services. These are;  Prospective bailees in courts and custodial settings are targeted in an efficient manner  Bail information enquiries and referrals are provided on targeted cases or in response to requests from the court  Court Decisions and information related to bail services are communicated effectively  Sentencer or judicial knowledge and confidence is promoted  Public protection procedures are followed throughout the delivery of bail services.

Prospective bailees in courts and custodial settings are targeted in an efficient manner

1.2 The output in the specification is that cases which fulfil the targeting criteria are identified and prioritised in advance of the court hearing. The targeting criteria for court based bail services was defined in PC 19/2005 and includes “vulnerable defendants, such as those with mental health problems, young adults (18 – 21 year old) or those who have a disproportionately high risk of being remanded in custody such as women and BME”. Probation staff providing bail services at court will need to identify and target those defendants, who are being produced from custody for a first hearing where there is a clear opposition to bail. Close liaison with the Crown Prosecution Service or Police in order to ascertain the objections to bail will help staff to prioritise bail enquiries or referrals in order to avoid unnecessary remands in custody.

1.3 In prisons, the guidance in PSO 6101 is for “all newly remanded defendants who were refused bail at their first court appearance to receive bail services”. At present there is no requirement for any enquiries or bail information obtained by staff at court to be communicated. However the specification requires that information collated during court based enquiries is passed to prison based bail services if the defendant is remanded into custody (output 15). The intention is that this will ensure that there is effective communication between court based staff and prison based staff in relation to bail to reduce the duplication in some cases and make certain appropriate defendants are targeted.

Bail information enquiries and referrals are provided on targeted cases or in response to requests from the court

1.4 This service element combines the outputs related to generic bail services and the referral outputs from the BASS specification. Staff providing bail services in either courts or prisons should be familiar with the target group for BASS. Consideration may need to be given to extending the target group, particularly in courts, to include those where the provision of suitable accommodation and/or support would enable bail to be granted. The number of referrals and successful conversions (where the defendant is referred and granted bail to a BASS address) is monitored centrally and this will continue. However local monitoring arrangements may need to be sensitive to enquiries completed on the defined target group and/or those in need of services from BASS.

1.5 Staff providing bail services need to be familiar with the services or resources in their area or the area to which the defendant intends to return. This may be more challenging in prison settings where staff may not be familiar with services local to the defendants address or the area where they may be able to be bailed to. There may be a benefit if trusts are PSI 09/2012 – PI 04/2012 UNCLASSIFIED UPDATE ISSUE DATE 19/08/2013 UNCLASSIFIED Page 5

able to develop and share a directory of services which would support bail being granted. In addition staff should consider or develop packages of bail support, including recommending electronic monitoring in appropriate cases, which would enhance magistrates or judges confidence in granting bail and reducing unnecessary remands in custody.

1.6 It is important that staff providing bail services are competent and provided with relevant training and information. The Bail Information Manual and Distance Learning and Development Programme for Bail Information Staff was reviewed in 2010. However, much of the material and training will need to be reviewed in line with changes to the legislation, National Standards and with the publication of this specification. The current template for a Bail Information Report is also available in the training materials (Attached as Annex B although trusts and prisons may have developed their own), however the specification sets out an expectation that it may be more efficient for staff providing bail services at court do so by way of oral reports. NOMS is currently reviewing the learning material and the arrangements for the delivery of training for bail services staff in the future.

Court decisions and information related to bail services are communicated effectively

1.7 This service element seeks to promote the effective communication of the decisions made by the court. This includes staff ensuring that defendants who are granted bail as a result of enquiries and referrals are aware of the expectations place on them and the consequences of any failure to comply. If a defendant is granted bail to a BASS address it is expected that details of the accommodation and travel arrangements are provided in line with PSI 25/2013 (an arrival time should be agreed with Stonham and the defendant). This may include providing a travel warrant in relevant cases although there is no expectation on probation trusts or prisons to provide these unless contracted to do so. Staff may need to consider how they can encourage positive engagement with the defendant to ensure compliance with bail conditions.

1.8 Staff providing bail services will need to ensure that information about the outcome of the court hearing is communicated to other services or agencies that they have been in contact with during the enquiries. The timely notification when the matter is heard, including applications made at Crown Court before a Judge in Chambers, is important so that the defendants release can be facilitated or a bed which may have been reserved is made available for the use of others.

1.9 As stated previously the specification requires that any information collected as a result of court based enquiries are communicated to prison based schemes. There may already be existing good practice and trusts and prisons may also want to explore the positive opportunity provided by the use of secure e-mail – publicly run prison establishments are required to have a functional mailbox for their custody facility. Private prisons have a similar facility.

1.10 At present there is a variation in the recording of bail services. It is clear that monitoring has been undertaken in relation to the BASS provision and the expectation that Stonham continues to monitor referrals and provide data against the contract remains. There has been a drive to increase the use of BASS and this has meant that some prisons and probation trusts have been monitoring the bail enquiries and reports that they complete. Presently there are no requirements for bail services to be centrally monitored although consultation has commenced with NOMS commissioners and contracts for probation trusts and prisons may need to be reviewed to set out requirements for the delivery of bail services. Prisons and probation trusts would benefit from developing a monitoring process for this area of work if they do not already have one. For a defendant released from prison, P-NOMIS can record a release to BASS.

Sentencer or judicial knowledge and confidence are promoted

1.11 This service element defines the outputs from the specification for court work other than assessments and reports. It also incorporates that the “judiciary and eligible defendants/ offenders and their representatives are made aware of BASS provision” (output 26 in BASS specification). It is expected that the activity to support these outputs will be completed at the same time or during the same consultation events that probation trusts will undertake with the courts and other agencies to ensure that magistrates and judges are familiar with and have confidence in the bail services provided.

Public protection procedures are followed throughout the delivery of bail services

1.12 All staff delivering bail services either in a custodial or court setting must ensure that they are familiar with, and comply with, all relevant policies and practice guidance related to public protection including safeguarding children or vulnerable adults. Some defendants may also be subject to MAPPA due to their previous convictions and staff must be aware that MAPPA procedures will apply and ensure the relevant guidance is followed. Staff need to make certain that any issues relating risk or public protection are communicated promptly and accurately to the appropriate agencies and this is recorded in the relevant systems.

Annex B – PSI 09/2012 - PI 04/2012 Proposed Bail Report Template

PROTECT WHEN COMPLETED

BAIL INFORMATION REPORT

Defendant’s Name: Date Of Birth: Immigration Status / Issues:

Alleged Offence(S):

Date Of Hearing: Court:

The following factors stand in favour of bail: (Verified information include factors which address known or possible objections to bail such as community ties/support, employment, previous bail compliance, placements / previous compliance with community based agencies, and available bail conditions such as address including AP/BASS, electronic monitoring.)

Further details: (Include Verification Details and any Unverified information – clearly distinguish the latter)

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Risk information: Any factual information known from records, other sources or disclosed at interview indicating a bail risk. (E.g. risk of committing offences, failure to surrender to custody, interfering with witnesses, or otherwise obstructing the course of justice, MAPPA, concerns about child protection or other risk of harm, or disclosure of offences previously undetected, substance misuse issues.)

Further details: (This must include the names and addresses of any people believed to be at risk and action taken or agencies informed about risk.)

Report prepared by: Date: Contact details if further explanation required: Tel: Fax: Email:

This information has been collected by the bail information officer from an interview conducted with the defendant and other enquiries made with the prior consent of the defendant. It is provided to the Crown Prosecution Service and the Defence.

THIS INFORMATION IS TO ASSIST THE COURT ON THE HEARING DATE SPECIFIED ON THE FRONT PAGE OF THIS REPORT ONLY

PSI 09/2012 – PI 04/2012 UNCLASSIFIED Issue date 27/03/2012