Accommodation and Support Service for Bail and Hdc

UNCLASSIFIED

ACCOMMODATION AND SUPPORT SERVICE FOR BAIL AND HDC

This instruction applies to :- Reference :-

Prisons PSI 25/2013 Probation Trusts PI 10/2013 Issue Date Effective Date Expiry Date Implementation Date 19 August 2013 26 August 2013 17 June 2015

Issued on the NOMS Agency Board authority of For action by All staff responsible for the development and publication of policy and instructions (Check in box as appropriate) NOMS HQ All prisons Contracted Prisons* Probation Trusts Governors Heads of Groups Contract Managers in Probation Trusts Probation Trust Chief Executives Prisoner Escort and Custody Services contractors Offender Managers All staff involved in bail information, processing Home Detention Curfew applications or who make referrals to the Bail Accommodation and Support Service (BASS). *If this box is marked, then in this document the term Governor also applies to Directors of Contracted Prisons where the National Retail Policy has been mandated Instruction type Service Specification support/ Service Improvement

For information Heads of Sentencing Policy and Penalties Unit and Criminal Justice Women’s Policy Team in Justice Policy Group of the Ministry of Justice, and Crime Directorate of HMCTS Provide a summary This Instruction supports the delivery of the NOMS Specification on of the policy aim BASS that was implemented from 1 April 2011. This instruction and the reason for replaces the instructions issued to prison and probation staff in 2010 its development/ in PSI 34/2010 and in Probation Instruction 09/2010. Amendments revision are made to PSO 6101 on bail information and PSO 6700 on HDC Contact Peter Connor, Probation and Contracted Services Directorate, Email: [email protected] - Mobile: 07789 921772

Associated PC 19/2005 Bail Information Schemes documents PSO 6101 - Bail Information Scheme PSO 6700 - Home Detention Curfew PSI 72/2011 - Discharge PSI 17/2011 - PI 03/2011 - BASS Specification PSI 09/2012 - PI 04/2012 - Bail Services Specification

Replaces the following documents which are hereby cancelled :- PSI 34/2010 & PI 09/2010 - Accommodation and Support Service For Bail AND HDC – Change of Contract

Audit/monitoring:

Public Prisons: Deputy Directors of CustodyUNCLASSIFIED (DDCs) will monitor compliance in their region with the mandatory actions set out in this instruction.

Private Prisons: Monitoring of compliance will be through the standard contract management UNCLASSIFIED PAGE 2

CONTENTS

Section Subject For reference by 1 Executive Summary All staff 2 Operational Instructions All staff 3 Home Detention Curfew All staff involved in HDC process 4 Bail All staff involved in bail information work 5 Intensive Community Order with OMs involved in Trusts with Residence Requirement ICO/IAC schemes 6 Policy and Strategic Context All staff 7 Policy Queries All staff Annex A BASS – Description of Service All staff Annex B HDC – new Annex I to PSO 6700 HDC staff in prisons, probation staff, Offender Managers Annex C Bail – Instructions and new Chapter 8 to Probation court staff and prison PSO 6101 bail information staff, prison reception and discharge staff, and managers ]

PSI 25/2013 – PI 10/2013 UNCLASSIFIED ISSUE DATE 19/08/2013 UNCLASSIFIED PAGE 3

1. Executive Summary

Background

1.1 The Bail Accommodation and Support Service (BASS) commenced in June 2007 to provide a source of accommodation and/or support for those who would otherwise be held in prison. The service is specifically for defendants who can be bailed and offenders who can be released on HDC or who are subject to an intensive community order with a Residence Requirement.

1.2 This instruction sets out mandatory action and information for staff in prisons and in courts on how to access the services provided by Stonham.

1.3 This instruction replaces the instructions issued to prison and probation staff in 2010 in PSI 34/2010 and in Probation Instruction 09/2010. Amendments are made to PSO 6101 on bail information and PSO 6700 on HDC to incorporate the changes outlined below.

1.4 This instruction is issued following confirmation that the original 3 year contract has been extended and will run until June 2015. There have been substantive changes since June 2010 and operational improvements which make an update necessary:

 Changes to NOMS structure in 2011, including the departure of the DOMs, the end of the BROM (BASS Regional Operational Manager) role and the creation of new Directorates which changed the contract monitoring arrangements for BASS  The BASS Specification was implemented in 2011 and duplication has been removed  The Bail Services Specification, implemented in 2012, has implications for BASS referrals and amended the resource allocation to prisons and Trusts  Obsolete references to transitional arrangements have been removed  Changes to the BASS contract include: o There will not be CCTV monitoring of property entrances o The BASS4Women offer replaces the Enhanced Women’s Service which carried additional funding in the first year of the contract only o HDC licencees can be considered for BASS at the point of potential recall when existing accommodation breaks down o Faster turn around of court referrals – now a maximum of 1 hour o Closer liaison with Approved Premises and Offender Managers o Additional minor updates

Desired outcomes

1.5 This Instruction supports the delivery of the NOMS Specification on BASS that was implemented from 1 April 2011. NOMS needs to ensure that the accommodation and support service provided to defendants and the courts and to offenders is fully utilised so that defendants eligible for bail and prisoners eligible for release on HDC are not unnecessarily held in prison because they lack suitable accommodation or need support.

Application

1.6 All staff involved in prisons and in courts providing bail information or referral to bail accommodation services or in prison and the community handling HDC applications and Offender Managers should read Sections 1-7 and Annex A. Staff involved in prison and the community handling HDC applications and Offender Managers should also read Annex B. Staff involved in prisons and in courts providing bail information should also read Annex C.

Mandatory actions

1.7 Governors and Contract Managers in Probation Trusts must ensure that the following staff are made aware of this instruction:

 All staff in prisons and courts involved in bail information work or referral to bail accommodation services  All staff involved in supporting video link courts in prisons  All staff involved in considering and processing applications for HDC  All staff involved in the discharge of prisoners from prisons  All staff involved in the provision of accommodation for offenders and for prisoners on reception and on release  All staff involved in considering the use of community orders as intensive alternatives to custody or intensive community orders  Offender Managers for offenders on IAC/ICO and HDC and for those defendants on bail who are also under OM supervision.

1.8 Governors and Contract Managers in Probation Trusts must ensure that the procedures introduced by this Instruction are followed.

1.9 Governors and Contract Managers in Probation Trusts must monitor take up of BASS (information available on The Hub) within their establishment or area and address any lack of usage.

Resource Impact

1.10 For a period following the implementation of BASS some additional funding was available to support bail services and promote bail referrals to BASS. In prisons this funding was to augment core bail information services but where allocated to probation trusts this was to initiate a new service. The distribution of the additional funding was discretionary and resulted in regional variations in the levels of investment awarded to different prisons and probation trusts. With the implementation of the Bail Services specification from April 2012 a new requirement is placed on all probation trusts to provide targeted bail services at court to prevent unnecessary remand in custody.

1.11 The cost for delivering bail services within prisons is already awarded within their core funding. The arrangements for referral to BASS do not require additional resources over and above those already allocated for bail services and HDC.

(signed)

Colin Allars Director of Probation and Contracted Services, NOMS

2. Operational Instructions

2.1 The detailed operational instructions for staff are set out in the annexes to this instruction. Stonham provide referral forms for bail and HDC referrals.

3. Home Detention Curfew

3.1 The arrangements in relation to HDC are set out at Annex B to this instruction.

3.2 Governors must ensure that hard copies of PSO 6700 are amended through the insertion of new Chapter 5 paragraph 5.17 below and new Annex I set out at Annex B to this instruction. These replace the equivalent text inserted in the PSO by PSI 34/2010.

3.3 Chapter 5, paragraph 5.17.8 in PSO 6700 must be replaced with:

5.17.8 Where a prisoner does not have a suitable curfew address, or can no longer stay at an address to which he or she has been released on HDC, it may be possible for him/her to be provided with accommodation and support in the Bail Accommodation and Support Service provided to NOMS on contract by Stonham from 18 June 2010.

3.4 Annex I to PSO 6700 must be replaced with the new Annex I attached to this Instruction.

3.5 Contract Managers in Probation Trusts must:

 ensure that probation staff engaged in considering Home Detention Curfew are aware of the procedures for prisons set out in this instruction and process suitability checks as quickly as possible in cases identified as going to Stonham accommodation, and

 ensure that Offender Managers liaise with Stonham support officers where the latter are providing a service to an offender and work pro-actively with Stonham to secure move-on accommodation.

3.6 The HDC (3b) should be returned to the prison within 10 days. (PSO 6700).

3.7 The forms for making HDC referrals will be provided direct to staff by Stonham.

4. Bail

4.1 The arrangements in relation to bail information are set out at Annex C to this instruction.

4.2 Governors must ensure that hard copies of PSO 6101 are amended through the insertion of new Chapter 8 set out at Annex C to this instruction. This replaces the equivalent text inserted in the PSO by PSI 29/2007.

4.3 Governors and Contract Managers in Probation Trusts must ensure that staff completing bail enquiries have ready access to pre-convictions information from the PNC (either directly as an approved user, or through an approved user). This information is crucial for the staff when interviewing defendants and to the production of good referrals to BASS and bail information reports.

4.4 The forms for making bail referrals will be provided direct to staff by Stonham.

4.5 When submitting bail information reports staff should send the briefing note at Appendix A to Annex C to the Court, CPS and defence solicitor with the bail information report and the Stonham proposal for accommodation and/or support.

4.6 Contract Managers in Probation Trusts are asked to ensure that:

 where a bail information service is provided at first appearance, probation court staff maximise the use of BASS in cases where the defendant would otherwise be remanded in custody;

 probation court staff liaise effectively with prison bail information staff in respect of cases where bail information work or applications to BASS are commenced at court or where prisons request help with cases being returned to Court, and

 Offender Managers liaise with Stonham support workers where the latter are providing, or have provided, a service to a defendant

4.7 Where a defendant at court has been identified for referral or a referral has been made but the process cannot be completed in time for the court to make a decision and the defendant to be released and to arrive at a BASS property by 7 p.m. that day, probation should ensure that the relevant prison is aware that an initial request has been made to Stonham, and should pass any relevant paperwork to the prison bail information staff.

4.8 Some prisons have arrangements with probation court teams to support connection at court in respect of bail information work generally. Probation trusts are asked to maintain and adjust these arrangements as necessary to cover the Stonham involvement, in consultation with prison contacts.

4.9 To decrease the use of remands for women, referrals to BASS for bail and HDC should be prioritised. Stonham’s BASS4Women can offer:

 being able to request a female support officer  a tailored support plan based on a comprehensive assessment of need  accommodation for sole use when accompanied by dependent children  close multi-agency working to maximise safety and resettlement  links to women’s community projects for holistic and on-going support  court transport services

 engagement with peer mentoring  access to specialist services for those who are sex workers or have experienced domestic abuse.

4.10 If a woman is considered to need any special services (or a court has specifically requested any) this should be recorded on the BASS referral form. Stonham will seek to meet needs whenever possible.

5. Intensive Community Order with Residence Requirement

5.1 BASS is available for offenders who are subject to community orders under intensive alternative to custody/intensive community order arrangements where a protocol is in place between the Trust and Stonham.

5.2 Contract Managers in Probation Trusts are asked to ensure that Offender Managers are aware of this and, in the context of local agreements as to the nature of IAC/ICO provision and criteria, consider the use of BASS for appropriate offenders. Where BASS is considered appropriate the OM/PSR writer should contact the Stonham Regional Referral Coordinator to arrange referral and, subject to the court’s agreement, release to the service.

5.3 Where an IAC/ICO service is to be provided the Probation Trust must establish with Stonham a protocol around the eligibility of offenders and the processes for referral, for communication and for the review of risk and suitability during the period of a Residence Requirement. The protocol will emphasise that move-on responsibility lies with the Trust. The OM must maintain close contact with the Stonham support staff during the period of any order and must inform Stonham of any risk information.

6. Policy and Strategic Context

Eligibility

6.1 BASS does not accept sex offenders. Those on police bail for, cautioned for, convicted of or charged with offences mentioned in Schedule 3 to the Sexual Offences Act 2003 are excluded from BASS.

6.2 An offender or defendant is a sex offender for the purposes of BASS if he or she has previously been cautioned for or convicted of, or is currently on police bail for, or charged with, a sexual offence mentioned in Schedule 3 (as amended) to the Act, or equivalent offences in other jurisdictions. Defendants and offenders will be ineligible whether or not the notification (sex offenders register) requirements of the Act have been imposed and even where any provisions which must be met for notification have not been met or the notification requirement has expired.

6.3 Those convicted of arson within the previous 10 years or charged with arson are not automatically ineligible for BASS and will be considered on a case by case basis.

6.4 BASS will not accept those who have been assessed by OASys currently to pose a High or Very High risk of harm.

6.5 BASS will not accept those who will be unable to pay rent from their own means or through access to Housing Benefit but may accept placements on a temporary two week basis pending clarification of eligibility for foreign national prisoners or those temporarily excluded from their previous home.

6.6 EEA and other foreign nationals are not excluded from BASS, provided that they meet the criteria above and provided that they are not in breach of immigration laws other than through overstaying an approved period of leave to enter or remain in the UK.

6.7 Stonham will refuse those they assess as posing an unacceptable risk to the Contractor, their property or staff, other residents of the property, the Service User him or herself, neighbours or any other person. Stonham may refuse any case where they consider that there is insufficient information on which to make an adequate assessment of risk.

6.8 Anyone under 18 years of age is not eligible.

Timely Release

6.9 It is important that defendants, whether bailed from court or prison, and offenders released on HDC, are released in time to reach the destination address before any HDC curfew or bail condition is breached. Governors and Probation Trusts are requested to ensure that operational arrangements allow sufficient time for release and travel to the allocated address to meet the following requirements.

6.10 It is normal practice to release prisoners on HDC early and to have a 3 p.m. curfew on the first day. If the journey is such that the prisoner may be unable to reach the curfew address the curfew time should be set later than 3 p.m. to allow this to happen, with the Electronic Monitoring (EM) supplier and the BASS contractor being informed accordingly.

6.11 In bail cases the time needed to reach the destination address should be considered by the bail information staff during the referral process and long journey cases should be ‘flagged up’ with the court on the bail information report and in contact with the court prior to the bail hearing, and with Stonham. This may allow the court to list the case earlier, set a late curfew on day one or decide to impose an overnight remand in custody. As a guideline

courts should aim to make referrals by 3 p.m. (and Stonham will give a decision within 1 hour) but there needs to be consideration and if need be negotiation on a case by case basis taking account of the time needed for administrative processes and journey times.

6.12 Where the hearing is via prison video link the video link staff should raise any concerns with the court, to seek to ensure that the court does not impose conditions that cannot be complied with.

6.13 Once bail has been granted prisons should ensure that release occurs as quickly as possible so that delays in discharge procedures do not render the defendant in breach. The prison has no power to delay release if bail has been granted by the court but if it is clear that the prisoner could not avoid breach of bail he/she should be offered the option of staying a further night and being released early the next day. In that case a written agreement from the prisoner is needed – as set out in PSI 53/2010 on Discharge. The BASS and EM contractors should be informed if such an option is taken to ensure the defendant is not breached inadvertently for failing to be present at the BASS address.

6.14 Those receiving medication should be released with sufficient medication for their first few days of release.

Contract Management

6.15 Aspects of the BASS service and referral activity are monitored at regional level through the PCSD and PSPD teams. The BASS contract is formally managed centrally by NOMS HQ (PCSD). Concerns about the operation of the contract which cannot be resolved locally or with Stonham regional managers should be referred to the BASS Senior Contract Manager.

Targets/KPIs

6.16 Targets may be set regionally or by NOMS HQ for the production of bail information reports and for the level and success rates of bail and HDC referrals to BASS.

6.17 Prisoners released on HDC into accommodation provided by Stonham will count as being released into suitable and settled accommodation for the purpose of the delivery levels.

7. Policy Queries

7.1 For policy questions about BASS contact Peter Connor in PCSD in NOMS Headquarters:

[email protected]

7.2 For policy queries on HDC contact Junior Ogueri, Suleman Qureshi or Verginia Georgieva on the HDC helpline in the Sentencing Policy and Penalties Unit in the Criminal Justice Group of the Ministry of Justice:

[email protected] 020 3334 5043/5044/4689

7.3 For policy questions on bail contact Neil Stone, NOMS HQ:

[email protected]

Annex A

BASS – DESCRIPTION OF SERVICE PROVIDED BY STONHAM

BASS Service Definition

PSI 25/2013 – PI 10/2013 UNCLASSIFIED ISSUE DATE 19/08/2013 UNCLASSIFIED PAGE 14 BASS Service Definition

About Stonham

Stonham is the care and support division of Home Group (one of the country’s largest registered social landlords) and is England’s largest provider of housing, care and support for people in need. We run over 500 services, working in partnership with the probation service, local authorities, health care providers and others, delivering services to over 20,000 people each year.

Stonham is committed to reducing the impact of homelessness and social disadvantage through its provision of specialist housing with care and support. Floating support and other non-housing support services are designed to meet a wide range of service users support needs. Stonham is committed to providing its services through individually tailored support plans for each service user and within a framework of equal opportunities; anti-discrimination and respect.

Stonham is committed to ensuring that BASS service users are supported to have respect, dignity, independence, choice and control over their own lives.

About the accommodation and support service for bail and HDC (BASS)

BASS provides short term accommodation with support to men and women aged 18 and over in single gender, shared and self-contained houses/flats across all of England and Wales. The service is available to courts and prison Governors for those, who would otherwise be remanded or remain in prison, and for whom BASS accommodation and/or support enables consideration of bail, HDC or IAC/ICO whilst:

 Charged with an offence and remanded in custody;  Currently serving a custodial sentence and eligible for Home Detention Curfew (HDC);  Currently released on Home Detention Curfew (HDC) but have lost their address whilst in the community  Appearing in court from the community and likely to be remanded in custody; or  Eligible for a community sentence under an Intensive Alternative to Custody (IAC) or Intensive Community Orders (ICO)

BASS also provides a ‘support only’ service for service users who have their own suitable accommodation.

BASS supports service users to maintain custody of their dependent children where this is deemed appropriate.

Stonham works in close partnership with NOMS, local authorities, health services, Police and local agencies. The objective is to provide joined-up services to help service users achieve improved outcomes.

Support for Women

Women referred to BASS can request a female support officer and the support can be provided as part of an accommodation package, where they can be joined by their dependent children if appropriate. BASS also provides a support only service to support women released on bail or Home Detention Curfew with their own accommodation as an additional element of support. Support officers will work closely with women’s community projects and appropriate statutory, voluntary and community services, to assist service users to access services that provide them with ongoing support to reduce or prevent re-offending.

Aims, objectives and outcomes

In addition to providing short term accommodation BASS provides support to service users on Bail / HDC / IAC / ICO to help:

 Meet conditions of their Bail / HDC / IAC/ ICO order or licence  Integrate or reintegrate into the community  Avoid any offending behaviour  Find suitable housing at the end of their period in BASS accommodation  Ensure that women receive any additional support they may need.

Accommodation and conditions of occupancy

BASS provides clean, safe and comfortable houses with typically two to three individuals sharing. No more than four service users will share in a BASS property. Each service user will have their own bedroom and share communal space with the other occupants of the house. The average length of stay for a service user is approximately 7-8 weeks.

All the accommodation is provided on a licence, due to the nature of the provision and very short average length of stay. In shared housing the licence is an ‘excluded licence’ within the terms of the Housing Act 1988, and in self-contained properties it is a non-excluded licence.

All BASS accommodation is furnished and bedding will also be provided. BASS staff issue a welcome pack to each service user on arrival, which includes basic food and drink for one day, a prepaid basic mobile telephone and toiletries. Service users are responsible for the cleanliness of their own and shared spaces, and for their own meals.

BASS aims to ensure that a proportion of the accommodation is accessible to people with physical disabilities. Referrers need to enquire with Regional Referral Coordinators prior to making a referral. This will allow staff to consider individual needs prior to recommending suitable accommodation.

Conditions of occupancy for BASS service users are broadly the same as for other Stonham service users in other services. The licence sets out Stonham’s expectations in terms of payment of accommodation charges, noise and nuisance, looking after the accommodation, residing at the property, visitors and guests, illegal activity on the premises etc. In addition, in shared accommodation ‘house rules’ set out specific conditions service users must keep to. House rules include the exclusion of overnight visitors, with the exception of dependent children in single occupancy accommodation. Violation of any terms of the licence agreement or the house rules could lead to loss of accommodation, which leads to a breach of Bail / IAC/ ICO or HDC conditions.

BASS staff have a duty to report any behaviour which they believe or suspect to be criminal or a breach of Bail / IAC / ICO / HDC conditions. Stonham staff will work closely with Offender Managers and the Police to protect the public and to take appropriate action if service users breach their Bail / IAC / ICO/ HDC conditions.

Support services

The service offers low to medium levels of support for service users that present low to medium risk.

For service users on Bail, attending at least one support session per week is an ‘enforceable’ condition of bail. Failure to attend enforceable support sessions leads to a breach of Bail conditions and a possible return to custody.

On acceptance to the service, BASS allocates each service user a Support Officer. There is a minimum requirement for each Service user to attend a weekly mandatory support session of not less than 30 minutes and courts can also specify increased levels of support as a condition of bail. Within BASS support and safety plans are developed with each Service User and are tailored to meet their individual needs. Additional voluntary support is agreed with the Service User dependant on the level of the support needed.

Support plans are reviewed throughout the Service User’s stay with the service and at least on monthly intervals. Support levels are flexed to individual support needs and circumstances and are likely to be higher in the initial weeks in service.

Eligibility Criteria

The service is available to adult offenders and defendants who, without the intervention of the service would have a strong likelihood of being sent to or remaining in custody. Specifically eligible people are: i. Defendants subject to conditional bail with a condition of residence at a BASS address or residence at another address and supported by BASS. ii. Prisoners eligible for Home Detention Curfew should an appropriate address be available – this may be at a BASS address or at another address and supported by BASS. iii. Offenders released on Home Detention Curfew (HDC) but who have lost their address whilst in the community iv. Offenders subject to Intensive Alternatives to Custody (IAC) / Intensive Community Orders (ICO) where placement and support by BASS is a Residence Requirement. v. Offenders or defendants who are subject to orders or conditions agreed between the authority and the contractor as they may arise throughout the duration of the contract.

Offenders or defendants will be ineligible to be placed in BASS if they: i. Have a conviction, caution, a current allegation of or are under police bail for any sexual offences mentioned in Schedule 3 of the Sexual Offences Act 2003 ii. Have been assessed by OASys to currently pose a High or Very High risk of harm iii. Are assessed as posing an unacceptable risk to the:-  Contractor, their property or staff  Other residents of the property  Service User him or herself  Neighbours or  Any other person

Foreign nationals, including those who are nationals of countries outside the EEA, can be referred to BASS if they meet the standard eligibility criteria and subject to:- i) Not being in breach of immigration laws other than overstaying an approved period of leave to enter or remain in the United Kingdom. ii) Sufficient information being available to establish eligibility and to enable Stonham to reach an assessment of risk*. iii) Having funds to enable them to pay accommodation charges or being able to claim Housing Benefit. (Foreign nationals will be accepted into BASS services if there is a reasonable expectation that they are eligible for benefits or have other means by which to pay their accommodation fees.)

*Referrers should seek to establish whether applicants have been living in the UK. If they have then PNC can be relied on to provide information on past convictions.

If a UK national or EEA or foreign national has lived abroad for a period of 6 months or more in the last 3 years then foreign convictions information should be sought before referral. When a return is received referrers may refer cases (if not ineligible) and Stonham will consider these on a case by case basis.

Should further information on convictions abroad be received after referral or after release to BASS then the new information must be passed to Stonham’s BASS team immediately so they can make a decision on whether the Service User may continue in the service or whether management arrangements should be varied.

Referrals and applications

Referrals can be made by designated NOMS staff in courts, probation and prisons [primarily bail information officers and staff processing HDC applications]. There are two separate referral forms – one for Bail / IAC/ ICO referrals and another for HDC referrals. These forms can be completed by hand or on-screen.

Each region and Wales has a dedicated Regional Referral Co-ordinator. All Regional Referral Co- ordinators can be accessed by calling 0300 555 0264. The Regional Referral Co-ordinators have access to every vacancy across the country, and are able to advise where these exist. In the case of a vacancy not being available in the requested location, alternatives will be offered if appropriate.

Referrals, both urgent and non urgent, can be made by contacting the central contact telephone number. Referrers will be asked to select from a menu based upon the region that they want to refer into. Eligibility and acceptance for urgent or non-urgent referrals cannot be confirmed until a completed application is received, including full risk management information.

Court referrals If the referral is urgent due to an applicant being in court and able to be bailed to a BASS service, the application will be dealt with as a priority. All urgent applications need to be made over the telephone between the hours of 8 am and 3 pm, Monday to Friday. For urgent applications made from court (for bail), the Regional Referral Co-ordinators will confirm eligibility, undertake an initial risk assessment, advise on suitable vacancies and make a formal offer within 1 hour of receiving the completed referral.

Referrals for those currently released on Home Detention Curfew (HDC) but who have lost their address whilst in the community will also be dealt with as a priority. The Regional Referral Co- ordinators will confirm eligibility, undertake an initial assessment of support and safety needs, advise on suitable vacancies and make a formal offer within 1 hour of receiving the completed referral.

Prison referrals

For HDC referrals a decision will be made within 3 days and a bed may be reserved for up to one week prior to release where appropriate.

For bail referrals from prison, an offer or decision will be made within 2 days of receipt of the completed referral form.

Prison referrals can be made by faxing or emailing the form to the respective Regional Referral Coordinator (see page 7 for Contact details).

Initial service user assessments will be undertaken by a Referral Co-ordinator, based on information in the referral form, subject to any need to check back with the referrer on particular details.

Cross-regional referrals

There will be instances where an applicant will seek accommodation or support in a region other than that in which they were in custody or appear in court. These referrals will be handled with the same prioritisation as all other referrals, and managed by the Regional Referral team in the area that the requested accommodation is located.

Acceptance of referrals

Where possible, the Support Officer linked to the property selected will contact the Service User by phone prior to arrival. This is to explain the service offered and confirm arrival and travel arrangements. Where this is not possible, the Regional Referral Coordinator or Support Officer will confirm these details with the referrer. For those offered accommodation this will include the Support Officer’s telephone number, expected arrival time and information on how to get to the address.

Support officers meet the service user on arrival for an induction session and to arrange the first support session. At induction the service user signs up to the service and signs the Accommodation Agreement. The Support Officer will do a further in-depth needs and risk assessment at the first support session and set the day(s) and time(s) for the mandatory support session(s). The assessments form the basis of the Support Plan, which is a document agreed by the service user, Support Officer and any other involved agencies, identifying the work that will be prioritised during the service user’s stay.

Staff work closely with service users to support them in complying with their Bail/HDC/IAC/ICO conditions and also in accessing and engaging with services such as health, education, training and employment, Probation, housing and other voluntary and community services with the aim of reducing the likelihood of the service user reoffending. There is an emphasis on arranging suitable move-on accommodation from the start of the Service Users involvement with BASS.

BASS supports service users to claim any welfare benefits to which they are entitled, and to manage their tenure whether in BASS accommodation or in their own homes. This includes claiming Local Housing Allowance or Housing Benefit and responsibility, as a minimum, for paying the personal charge element of their accommodation charge (where appropriate, to cover ‘personal use’ costs of heating, lighting, television licences and reception, and other costs not eligible for Housing Benefit).

Staffing

Services are remotely staffed by Support Officers, who will attend the properties at pre-determined and ad hoc times during the day. Support Officers are available from 8am until 8pm Monday to Friday with support available over the weekends.

BASS provides service users with the telephone numbers of the regional office, Support Officer and out-of-hours on call when they arrive at the project. BASS also provides service users with a basic pre-paid mobile telephone and £10 credit upon their arrival.

A Senior Support Officer in each English region and Wales provides support and guidance to the Support Officers.

Management and organisation

A Senior Service Manager manages the BASS service in each region and Wales. The Senior Service Manager is responsible for line managing the staff and ensuring that Stonham provides a quality service to service users, delivered in line with the contract.

Four Regional Contract and Performance Managers (RCPMs) oversee the national BASS service delivery:

 RCPM for the North area (Yorkshire and Humberside, North East and North West)  RCPM for the Central area (Wales, West Midlands and East Midlands)  RCPM for the East area (South East and East of England)  RCPM for the South area (South West and London)

The Regional Contract and Performance Managers line manage the Senior Service Managers, support contract management and have a strategic overview of the service and so will guide development.

The Regional Contract and Performance Managers are line managed by the Head of BASS who is managed by the Operations Director for BASS who oversees the entire contract.

Quality assurance

Stonham is a quality service provider, subject to external review from The Tenants Services Authority.

The BASS service is subject to rigorous monitoring and reviews from the Ministry of Justice and Stonham’s own internal audit processes.

Stonham encourages and supports service users to participate in the delivery of their service by feeding back comments in writing and in person, contributing to the development of house rules, sitting on local and national Client panels that review Stonham’s policies, procedures and governance or becoming National Client Involvement panel members.

If individuals wish to comment, compliment or complain about the service they have received as a stakeholder, service user, referrer or community member, they are asked to contact:

How to contact the service

Contacting your Regional Referral Coordinator is easy.

Telephone the central number 0300 555 0264

Region Email to Fax to East Midlands [email protected] 0845 155 0378 East of England [email protected] 0845 155 0380 London [email protected] 0845 155 0388 North East [email protected] 0845 155 0978 North West [email protected] 0845 155 0375 South East [email protected] 0845 155 0386 South West [email protected] 0845 155 0382 West Midlands [email protected] 0845 155 0379 Wales [email protected] 0845 155 0389 Yorks and Humber [email protected] 0845 155 0374

If you have any queries about the referral process or about BASS in general please contact: [email protected]

How to promote the Service

A range of marketing material to promote the service within establishments and to relevant stakeholders is available from Stonham, who welcome the opportunity to attend relevant sentencer and NOMS promotional events and to talk to staff.

PSI 25/2013 – PI 10/2013 UNCLASSIFIED ISSUE DATE 19/08/2013 UNCLASSIFIED EIA PAGE 1

Nicole Njie Head of Bail Accommodation & Support Services (BASS) BASS Malt House 281 Field End Road Ruislip HA4 9XQ [email protected]

Andy Hall - Regional Contract and Performance Manager Covering: North East. North West and Yorkshire & Humberside BASS 2 Gosforth Parkway Gosforth Business Pack Newcastle Upon Tyne NE12 8ET [email protected]

Lisa Withington - Regional Contract and Performance Manager Covering: Wales, West Midlands and East Midlands BASS Unit 3, Holt Court (North) Heneage Street West Aston Science Park Birmingham B7 4AX [email protected]

Andrea Butler - Regional Contract and Performance Manager Covering: East and South East BASS Meridian House Artist Street Armley Road Leeds LS12 2EW [email protected]

Mike Hazeltine - Regional Contract and Performance Manager Covering: London and South West BASS Maxwell Hart Building 612 Reading Rd Winnersh Berks RG41 5HF [email protected]

Beverley Williams Director, Criminal Justice Home Group Ltd 2 Gosforth Parkway Gosforth Business Pack Newcastle Upon Tyne NE12 8ET [email protected] PSI 25/2013 – PI 10/2013 UNCLASSIFIED ISSUE DATE 19/08/2013 UNCLASSIFIED EIA PAGE 2

Annex B

HDC - The existing Annex I in PSO 6700 is to be replaced by this new Annex I below.

ANNEX I

BASS (Accommodation and Support Service for Bail and HDC)

1. Accommodation and support services have been available since 18 June 2010 through a national contract with Stonham. The service is called the Bail Accommodation and Support Service (BASS) but the accommodation and support is available for Home Detention Curfew as well as for bail, and for offenders on intensive community orders.

2. This Annex sets out how the scheme works and what is available for HDC and the variations from the normal HDC process. The forms to be used for making requests and orders to Stonham, the procedures and the contact details are issued by Stonham to prisons, probation and courts. This guidance is also available on the Probation (EPIC) and NOMS intranet sites.

Process

3. Form HDC 2 is issued to the prisoner in line with the normal timetable as set out in paragraph 5.8.1 of PSO 6700. If the prisoner cannot provide an accommodation address, and the prisoner otherwise meets the basic eligibility criteria, the prisoner must be offered the possibility of accommodation through the contract with Stonham.

4. The prisoner may reject this offer but can be reconsidered for HDC and for BASS at a later date if he/she wishes.

5. If the prisoner accepts the offer, a member of prison staff must interview the prisoner to determine the potential needs of the prisoner including: whether there are any dependants, the area the prisoner wishes to be curfewed to; or, in the case of prisoners sentenced to 12 months or more, the prisoner’s chosen locality in the probation area responsible for his/her resettlement.

6. A modified version of form HDC3 (HDC (3B) attached below at Appendix A) must be sent to the home probation area to provide an ‘in principle’ report on the assumption that suitable accommodation will be found. The form asks the probation service to comment on the suitability of the proposed area the prisoner wishes to be released to, any victim issues and the general suitability for the prisoner to be released on HDC.

7. Probation should return the completed HDC (3b) as soon as possible; and within the National Standard target of 10 days.

8. On receipt of the completed form if probation do not support the release the prisoner must still be referred for consideration under the enhanced risk assessment process. If probation support the proposed release, account must be taken of any requests for additional licence conditions (in the case of prisoners subject to supervision on release), and areas to avoid taking victim issues into account. The prisoner must then be assessed under the standard/enhanced procedure and HDC either refused or granted, subject to a suitable address being provided.

9. The prison must then complete the Stonham Referral form and send this to Stonham Referral Point providing the prisoner’s details, whether accommodation is required or support only, the area of preference for the prisoner to be released to, if there are dependants who also need to be considered and the date for when the accommodation is required, including the end date of HDC. The Referral form must be sent no earlier than PSI 25/2013 – PI 10/2013 UNCLASSIFIED ISSUE DATE 19/08/2013 UNCLASSIFIED EIA PAGE 3

one month prior to the expected HDC release date and no later than 14 days before the expected HDC release date.

10. Stonham will reply offering an address/support package for the prison to consider. If the Governor decides the package is unsuitable a further request can be placed with Stonham. However, if the Governor considers the package to be suitable and the prisoner also agrees the terms of the compact the prison must contact Stonham’s Referral Point confirming the package is suitable. This must be done no later than 7 calendar days before the date of release.

11. All those provided with accommodation by BASS on HDC will receive one support session a week (even if they have an Offender Manager). In addition, a ‘support only’ service is available for those who can provide their own suitable accommodation.

12. In considering the release of a prisoner to BASS with accommodation or on a ‘support only’ basis Governors should be aware that if the prisoner fails to engage with the BASS support staff, that failure alone will not lead to recall. Withdrawal of the accommodation is likely to lead to recall, unless another suitable address is immediately available. However failure to engage with the support service will not of itself automatically lead to withdrawal of BASS accommodation by the contractor. If the support and accommodation is to be used to best effect, it will be important therefore to assess the likelihood of the prisoner engaging with BASS support when making a referral.

13. Failure to engage will be reported to the PPCS for all cases. Where there is an OM any failure to engage with the BASS support will also be reported to the OM who will consider that with other information on the prisoner's behaviour. But failure to engage with the support service will not of itself be a breach of the licence conditions leading to recall and will not of itself justify withdrawal of BASS accommodation.

14. The HDC7 must be faxed as normal to the EM supplier, home probation, NIS and local police up to 14 days in advance of the release and never without at least 24 hours notice.

15. On the day of release on HDC a copy of the signed licence must be faxed to all the above parties and to Stonham before 12 noon. All copies of the licence must be clearly annotated to show that the accommodation address is supplied by Stonham. This will provide NOMS' Public Protection Casework Section with the information required to notify Stonham of minor breach/es of curfew and of the termination of the service requirement if necessary in due course.

16. Unless specified otherwise on the licence the prisoner must be at the accommodation by 3 p.m. on the day of release. The Stonham support worker will be there to meet the prisoner from 2.45 p.m. to 3.30 p.m. However, if Stonham has been informed by the prison or the prisoner that they have been unavoidably delayed, the support worker shall be available until 7pm to meet the prisoner from 15 minutes before to 30 minutes after the revised arrival time. The support officer will be available to provide induction until 8 p.m.

Action following release and if licence is revoked

17. If upon induction it becomes clear the accommodation is not suitable, Stonham will ask the prison for approval before moving the prisoner to a new address. They will also advise the EM supplier if it is necessary to change the address. The Governor may approve the new address if the Governor is satisfied that there is no information held that would indicate the proposed address is unsuitable. The licence must be amended and faxed to all relevant recipients without delay.

18. Where a prisoner fails to arrive at the accommodation by 3.30 p.m. and no reason has been provided, Stonham will contact the EM supplier and the offender manager (if there is PSI 25/2013 – PI 10/2013 UNCLASSIFIED ISSUE DATE 19/08/2013 UNCLASSIFIED EIA PAGE 4

one), to report the failure to arrive. The Public Protection Casework Section in NOMS HQ will decide whether to instigate recall proceedings. If a decision is taken to recall the prisoner the Public Protection Casework Section will inform Stonham.

19. If the service user fails to attend support sessions or fails to engage with the support officer warnings will be given and Stonham will inform PPCS and the offender manager if there is one. Support sessions for HDC are not enforceable and, in the absence of other grounds for recall, failure to attend will not result in recall.

20. Where Stonham wishes to terminate the accommodation service to an individual they will notify the Public Protection Casework Section and the offender manager if there is one. Loss of suitable accommodation will lead to recall from HDC unless alternative, suitable accommodation is found immediately. Stonham may terminate the service if the service user breaks the terms of the agreement, fails to sign the Accommodation agreement or indulges in unacceptable behaviour towards other occupants of the premises or neighbours or the support worker. However, Stonham will continue to provide accommodation pending a response from the Public Protection Casework Section.

21. If the service user absconds, or following a decision by PPCS to recall, Stonham will advise the EM supplier. The police will be informed if the situation requires a police presence or an offence is to be reported by Stonham.

22. If a variation is made to the HDC licence and it impacts on the service provision, the prison must fax a Service Variation to Stonham.

23. In the event that the prisoner is placed in custody following a breach, is sentenced, remanded in custody, absconds or abandons the accommodation Stonham shall:

a) Ensure that the prisoner’s identification, documents and small valuables are sent to the prison, or to the offender manager if there is one.

b) Keep the prisoner’s property (other than the above) at the premises for a maximum of 7 days.

c) Within the 7 days, not unreasonably prevent or restrict the collection of the prisoner’s property by their friends or family as nominated when the prisoner initially moved in.

d) After the 7 days dispose of any of the prisoner’s property that has not been collected in accordance with the terms set out in the Accommodation Agreement.

24. The prisoner will be allowed to remain at the accommodation for up to 7 days following completion of the HDC period unless otherwise recalled or the service is terminated.

25. Should a non-BASS HDC licencee lose their address (non BASS) whilst already released on HDC, application can be made to Stonham for BASS accommodation. Such a referral will be responded to within one hour.

The services provided by Stonham

26. A description of the service is at Annex A to PSI 25 /2013 / PI 10/2013.

27. BASS does not accept sex offenders. Those on police bail for, cautioned for, convicted of or charged with offences mentioned in Schedule 3 to the Sexual Offences Act 2003 are excluded from BASS.

28. An offender or defendant is a sex offender for the purposes of BASS if he/she has previously been cautioned for or convicted of, or is currently on police bail for, or charged with, a sexual offence mentioned in Schedule 3 (as amended) to the Act, or equivalent offences in other jurisdictions. Defendants and offenders will be ineligible whether or not the notification (sex offenders register) requirements of the Act have been imposed and even where any provisions which must be met for notification have not been met or the notification requirement has expired.

29. The accommodation provided will be mainly shared accommodation in the community in small houses or flats – typically with 2 or 3 sharing. Single accommodation will be available for a small number of cases. Staff should ensure that prisoners are aware of the type of accommodation, that it will usually be shared, that they will have to pay the rent and a contribution to utilities either themselves or through Housing Benefit and that failure to do so will result in termination of the Accommodation agreement and licence and may lead to a return to custody, and that they will be expected to sign an Accommodation agreement.

30. Stonham will ask that Housing Benefit is paid direct to the landlord, not via the prisoner. Housing Advice Workers should be consulted about Housing Benefit eligibility if there is doubt about this.

31. Those provided with accommodation will be given help by the Stonham support worker to move-in and to maintain occupancy as effective licencees. They will also get help to find move-on accommodation beyond the end of the HDC period.

32. Defendants on bail, prisoners on HDC and offenders on an intensive community order may be accommodated in the same house.

33. A prisoner who is a parent may be provided with family accommodation where he or she can be joined by dependent children. However, in recognition of the need to protect children, such a request should only be made where a check has been made and Social Services have confirmed in writing that there is no reason why the named child or children should not join the parent. Where a parent and child or children are accommodated there will be no other occupants in a shared house.

34. Partners will not be permitted to stay at accommodation provided by Stonham. With the exception of parents and dependent children there will be no mixed gender sharing of houses.

35. Stonham will provide prisons with sample accommodation licences and compacts so that staff can explain the commitments prisoners will be making. Stonham will also regularly advise the whereabouts of accommodation and support available, but requests should be made for where accommodation or support is wanted (so that Stonham can, over time, analyse and match provision to need).

36. Support will consist of one contact session a week. More sessions may however be provided by Stonham to address need on a case-by-case basis. The support worker provided by Stonham will help the curfewee to address issues such as self management, drug, alcohol or substance dependency, and help access housing, education or employment, by engaging existing specialist public and voluntary services as appropriate.

37. Stonham is required by the contract to establish good liaison with the police and with other stakeholders, including probation and the electronic monitoring suppliers. They have clear guidance on when to initiate breach procedures, and set procedures. Failure to arrive at the accommodation, or absconding, will be reported to the Public Protection Casework Section. And if the support worker or a landlord is unhappy with a defendant’s behaviour Stonham can withdraw the accommodation service for the individual.

Stonham Forms and Information

38. Stonham has regional offices which can provide copies of referral forms and marketing material. Stonham is always happy to attend courts and prisons to help promote and explain the service and welcome invitations to attend resettlement and other events. BASS details are also available via the Probation (EPIC) and NOMS intranets.

June 2013

Appendix A

FORM HDC (3b) (PSO 6700) This document may be disclosed to the prisoner. Please refer to guidance in the relevant Probation Instruction 09/2010.

REQUEST FOR INFORMATION ON PROPOSED HOME DETENTION CURFEW (for prisoners whose accommodation will be provided through the Stonham Bail Accommodation and Support Service)

To: From:

Address: HM Prison:

Date for reply: Date:

OFFENDER’S DETAILS

Re Surname Forename(s)

DoB Prison Number

Dates of Sentence Court

Sentence Offences HDC Eligibility Date

The above named prisoner is being considered for Home Detention Curfew.

If considered suitable for release on HDC the prisoner will be found accommodation by Stonham.

The proposed area for release for the prisoner is:

Your views are sought on the suitability of the offender for Home Detention Curfew, and on the suitability of the proposed area for release.

N.B. Prisoners will normally be released on HDC unless there are substantive reasons for retaining the prisoner in custody until his or her automatic release date. Only where there are clear and substantive grounds to indicate the prisoner is unlikely successfully to complete the period on HDC will release normally be refused. Guidance on the role of the Probation Service in the risk assessment process for Home Detention Curfew is given in Probation Circular 44/98 and Probation Instruction10/2013.

Factors on which you may wish to comment include:

(i) domestic circumstances; (ii) the position of known victims; (iii) evidence concerning the prisoner’s suitability for Home Detention Curfew including: a) potential risk to the victim(s) or to members of the public; b) risk of re-offending during the Home Detention Curfew period; or PSI 25/2013 – PI 10/2013 UNCLASSIFIED ISSUE DATE 19/08/2013 UNCLASSIFIED EIA PAGE 8

c) probability of complying with the conditions of the curfew.

You should also comment where there are any other factors of relevance to the prisoner’s suitability for Home Detention Curfew, or the suitability of the proposed release area.

The Prison Service would be particular grateful for any comments you may have in relation to the items below *

Comments on prisoner’s suitability and/or suitability of proposed release area (Please continue your comments on a separate sheet if necessary).

Any special curfew hours recommended:-

Signed______Name ______

Date ______Grade ______Tel ______

*Delete as appropriate

ANNEX C

BAIL – This annex sets out instructions for bail referrals from probation court staff and from prisons. For prisons the existing Chapter 8 in PSO 6101 is to be replaced by this new Chapter 8 below. The content applies to prison and probation.

To note that the term ‘BIO’ or Bail Information Officer for the purposes of these procedures includes all staff completing bail enquiries.

Chapter 8 BASS (Accommodation and Support Service for Bail and HDC)

The services provided by Stonham

8.1 A description of the service provided by Stonham is at Annex A to PSI 25/2013.

8.2 With effect from 18 June 2010 the Bail Accommodation and Support Service is provided by Stonham. The service facilitates the greater use of bail by the courts and is aimed at defendants who are not likely to require the levels of supervision available in Approved Premises. The services are also available for Home Detention Curfew and for offenders on intensive community orders.

8.3 Defendants may be provided by Stonham with accommodation and support or with support only.

8.4 The accommodation provided will be mainly shared accommodation in the community in small houses or flats – typically with 3 sharing. Single accommodation will be available for a small number of cases.

8.5 Those provided with accommodation will be given help by Stonham’s support officers to move in and to maintain occupancy of the accommodation. They will also get help to find move-on accommodation beyond the end of bail (although a proportion will be sentenced to custody or may be re-remanded). The defendant will be allowed to remain at the accommodation for up to 7 days following completion of the Bail period unless otherwise recalled or the service is terminated

8.6 Defendants on bail, prisoners on HDC and offenders on an intensive community order may be accommodated in the same house.

8.7 The bail support will consist of a minimum of 1 ‘breachable’ contact session a week. Attendance at these within the rules set down by Stonham will be a condition of bail. Courts may impose more breachable sessions, and Stonham may decide more non- breachable sessions are appropriate. The support worker provided by Stonham will help the defendant to observe the conditions of their bail order, address issues such as self management, drug, alcohol or substance dependency, and help access housing, education or employment, by engaging existing specialist public and voluntary services as appropriate.

8.8 For those who receive community sentences there will be effective transfer of information from Stonham to the Offender Manager.

8.9 The contractor is required to establish good liaison with the police and with other stakeholders including probation and the electronic monitoring suppliers. The contractor has clear guidance on when to initiate breach procedures with the police, and set procedures. Failure to arrive at the accommodation, or absconding, will be reported to the police. Failure to attend 2 contact sessions within a 21 day period will be a breach of bail and late arrival can result in termination. If the support officer or a landlord is unhappy with PSI 25/2013 – PI 10/2013 UNCLASSIFIED ISSUE DATE 19/08/2013 UNCLASSIFIED EIA PAGE 10

a defendant’s behaviour the contractor will be able to withdraw the accommodation service and would then report a breach.

8.10 A Support Only service is also available from Stonham for defendants who have accommodation – of their own or with family or friends – but who could not be bailed without the additional safeguard of contact sessions and support.

8.11 The Courts are free to impose additional breachable contact sessions and other bail conditions – including curfews with tagging - if they deem them appropriate.

Procedures

8.12 The Courts have been advised that the Stonham service is intended to provide an alternative to remand for defendants. The availability of accommodation and/or support for individual defendants will be communicated to the Courts through bail information reports produced by Probation court teams at first appearance and by prison staff for second or subsequent hearings (as for Approved Premises referrals).

8.13 BIOs (the term ‘BIO’ for the purposes of these procedures includes all staff completing bail enquiries) are not required to complete formal OASys risk assessments before referring cases to Stonham or before submitting BIRs. In completing requests BIOs must as previously identify risk factors – from the pre-convictions, available records and the interview - and information on needs and must ensure that relevant information is included in or supplied with the referral to Stonham and in the Bail Information Report to the Court. They should summarise pre-convictions and also identify any constraints as to location – e.g. ASBOs or witness/victim issues. BIOs must consult the Offender Manager if the defendant has one and must obtain the latest OASys report to support this process. Where an OASys risk of harm screening or a risk of harm assessment has been conducted and is available the BIO should draw on that assessment in identifying risk factors. BIOs should encourage defendants to seek bail but need to use their awareness and judgement so that they do not generate unreasonable expectations of release.

8.14 Bail Information Officers should seek to identify those who may be bailable if they had the accommodation and/or support that BASS provides. They should, as set out in this PSO, prioritise women, BME and vulnerable defendants/prisoners.

8.15 Both untried and convicted unsentenced defendants are eligible to apply for bail and may be referred to BASS and provided with bail information reports. Those who have been remanded because of an abscond risk, especially if they are without accommodation, are most likely to get bail into BASS. Convicted, unsentenced prisoners who have no address may have been remanded in custody to facilitate probation or medical interviews, but may be bailable.

8.16 Defendants who already have suitable accommodation but who seem unlikely to get bail without support can be offered bail support only from BASS. They should not be offered BASS accommodation. The defendant needs to understand that the decision on whether they will in fact be bailed is for the Court.

8.17 Defendants who seek bail and who are appropriate to an Approved Premises place should be referred to an Approved Premises if a place is available. Such defendants are unlikely to be suitable for referral to BASS, except where Approved Premises do accept medium or lower risk defendants (e.g. in particular Approved Premises for women).

8.18 BIOs should invite appropriate defendants to agree to receive the BASS accommodation and/or bail support in given locations, whilst ensuring that the defendant understands that the decision on whether they will in fact be bailed is for the Court.

8.19 As with all other cases BIOs must interview the defendant before making any referral and completing a Bail Information Report.

8.20 It is expected that those bailed will be located near to their place of origin, unless there are reasons why they need to be located elsewhere – e.g. for the protection of witnesses or victims or otherwise to reduce the risk of offending.

8.21 BIOs should ensure that defendants are aware of the type of accommodation, that it will usually be shared, and that they will have to pay the rent and a contribution to utilities either themselves or through Housing Benefit, and that failure to do so will result in termination of the Accommodation agreement and licence and probably a return to custody. (Housing Benefit will be paid direct to the landlord, not via the defendant.)

8.22 BIOs should consult Housing Advice Workers about Housing Benefit eligibility if there is doubt about this.

8.23 Similarly BIOs should ensure that defendants are aware that they will get help from support officers, that they will (normally) have one enforceable contact session a week and that they will be required to sign an agreement covering compliance with bail and behaviour. If BIOs consider that more sessions will be needed or the court has indicated this they should include this on the Referral Form.

8.24 BIOs should ensure that defendants understand that they are expected to make their own way to the bail accommodation – where they will be met. They should ensure that prisoners are aware of the availability of travel warrants from the prison (if released from the prison) or the court escort contractor (if released at court). BIOs should identify any defendants who will need transport to be provided – e.g. because of disability or journey difficulty - and should include this on the request to BASS where necessary.

8.25 BIOs should send the Bail Information Report with the BASS proposal and a description of the service to the Court, the CPS and the defence solicitor. It is important that BIOs ensure that Courts and the defendant have the information necessary to make contact with Stonham if bail is granted.

Dependents

8.26 A defendant who is a parent may be provided with family accommodation where he or she can be joined by dependent children. However, in recognition of the need to protect children, such a request should only be made where a check has been made and Social Services have confirmed in writing that there is no reason why the named child or children should not join the parent. Where a parent and child or children are accommodated there will be no other occupants in a shared house.

8.27 If there is doubt about whether a parent should be permitted to be joined by a dependant child, or if investigation through the appropriate authorities would cause delay, the BIO can invite the defendant to go for bail and make the request to be joined subsequently. If following release the relevant authorities agree that the defendant can be joined by the dependant(s) then Stonham may need to arrange a new address - and will help the defendant make any variation of bail required.

8.28 Partners will not be permitted to stay at accommodation provided by BASS. With the exception of parents and dependent children there will be no mixed gender sharing of houses.

8.29 Defendants on bail and prisoners on HDC and offenders on IAC may be accommodated in the same house.

8.30 Stonham will provide BIOs with sample BASS accommodation licences and compacts so that BIOs can explain the commitments defendants will be making. Stonham will also from time to time advise the whereabouts of accommodation and support available, but BIOs should make requests for where accommodation or support is wanted (so that Stonham can, over time, analyse and match provision to need).

8.31 Staff in prisons and courts must consider whether a woman may need additional levels of support.

PNC – pre-convictions and convictions abroad

8.32 BIOs should ensure that they have accessed pre-convictions data from PNC before completing any request to BASS or before completing any bail information report – whether or not it is a case involving BASS services. Stonham may refuse any case where it considers that there is insufficient information on which to make an adequate assessment of risk.

8.33 Referrers should seek to establish whether applicants have been living in the UK. If they have then PNC can be relied on to provide information on past convictions. If a UK national or EEA or foreign national has lived abroad for a period of 6 months or more in the last 3 years then foreign convictions information should be sought before referral. When a return is received referrers may refer cases if not ineligible and Stonham will consider these on a case-by-case basis.

8.34 Should further information on convictions abroad be received after referral or after release to BASS then the new information must be passed to Stonham immediately so that a decision can be made on whether the user may continue in the service or whether management arrangements should be varied.

Foreign nationals

8.35 Foreign nationals including those who are nationals of countries outside the EEA are not excluded and can be referred to BASS if they meet the standard eligibility criteria and subject to:-

 Not being in breach of immigration laws other than overstaying an approved period of leave to enter or remain in the United Kingdom.

 Sufficient information being available to establish eligibility and to enable Stonham to reach an assessment of risk (see paragraph 8.34).

 Having funds to enable them to pay rent/service charge or being able to claim housing benefit.

Requests

8.36 BIOs should make referrals to the Stonham BASS Referral Point by telephone, e- mail (preferred) or fax – using the form provided by Stonham. These requests should allow as much time as possible for Stonham to consider availability and Stonham will work within the agreed turnaround times; 1 hour for court, 2 days for prison bail and 3 days for prison HDC. The request to Stonham should be completed as fully as possible. Where an OASys risk of harm screening or a risk of harm assessment has been conducted the BIO should draw on that assessment in identifying risk factors but the Screening or Assessment document itself should not be copied to Stonham.

8.37 Witness statements must not be copied to Stonham.

8.38 The referral form allows BIOs to indicate the defendant’s support needs. Stonham will also make their own assessment of needs through the contact sessions during the ensuing bail period. It is appropriate to mention mental health needs, but without breaching any medical confidentiality.

8.39 BIOs should request only the standard one contact session a week unless the Court has already indicated that more should be provided. (Stonham may request more sessions be imposed by the court and courts may at the bail hearing, ask Stonham to vary the number).

8.40 Where the court hearing will be by prison video link, prison BIOs should include on the Referral the amount of time needed to effect discharge of the prisoner from the prison following the video link hearing if bail is granted - so that Stonham can estimate the time needed to get to the address. Courts may need to remand overnight if the release and travel would mean that the defendant cannot reach the address by early evening.

8.41 BIOs should note that Stonham can accommodate a defendant at the nearest BASS property to the prison or court overnight rather than have the defendant remain in or be remanded in custody. However the bail conditions set by the court would need to cover arrival conditions at both addresses.

8.42 BIOs are encouraged to discuss cases with Stonham, through the Regional Referral Coordinator, if unsure about the forms, or to clarify procedures or the handling of cases.

8.43 Stonham will respond in writing to the formal referral with details of an address and support officer. Stonham will take account of any issues around location and the sharing of accommodation. If Stonham is unable to meet the request they may offer an alternative.

8.44 BIOs should complete and submit the bail information report to the court, CPS and defence lawyer in the usual way, but identifying the availability of accommodation and support as set out in the Stonham proposal should the Court wish to use it in the case. The BIR should also state the needs and risks identified and draw attention to the help with these that the Stonham support officer will provide. The brief description of the Stonham service at Appendix A should be sent with the BIR.

8.45 BIOs should identify cases where the timing of release and travel may mean an overnight remand is appropriate to avoid the risk of the defendant being unable to reach the address in time on the day of the hearing. They should alert the Court and solicitor and, if appropriate, the prison Video Link staff to such cases.

8.46 The BIR and supporting documents should be sent to the Court, the CPS and the defence. The BIR should also be sent to Stonham.

8.47 If there are any changes in the circumstances (for example a prison transfer or the prisoner is bailed or released) between the date a proposal is received and the Court date the BIO must advise Stonham and vary or cancel the request.

Orders and release

8.48 The Court, if it grants bail into BASS, will record the service as a condition on the Bail Form and will send a copy of the Bail Form direct to Stonham on the day of decision.

8.49 Where a prisoner appears in Court over the prison video link and is bailed the BIO should arrange contact between the prisoner and the Stonham contact (through other staff

in the prison if appropriate). The prisoner must be made aware of the following information - all of which will have been provided by Stonham:

The accommodation address details Travel directions to the address The name of the Stonham contact Stonham telephone number Details of the 24hr police station nearest to the address

8.50 The prison must also ensure that the prisoner is aware of the required arrival time, which should have been set by the Court, and is provided with a travel warrant in accordance with existing discharge policy.

8.51 If the prisoner attends court externally in person then he/she or the solicitor will be expected to contact Stonham. It is important that BIOs ensure at the time they submit the BIR that Courts, solicitors and the prisoner have the information necessary to make contact with Stonham if bail is granted, and have the travel directions provided by Stonham. Those produced at Court may be provided with travel warrants by the Court Escort Contractors, in accordance with existing policy and contractual obligations.

8.52 If the Court imposes more breachable support sessions than the standard of one a week this will be recorded on the Bail Form.

8.53 The Courts may identify potential cases for bail into accommodation and support at first appearance. Wherever possible the court probation staff will pursue a referral. Exceptionally the defendant may have to be remanded in custody perhaps with pre-release conditions set by the Court. BIOs should be alert to such cases which will need to be prioritised to minimise remand periods. Where probation staff do commence action they will ensure that the relevant prison is aware that an initial request has been made to Stonham.

8.54 The availability of accommodation may amount to a change of circumstances and BIOs can expect that prisoners who may have been on remand for some time will want to make bail applications based on referrals to BASS.

Records/reports

8.55 Courts are expected to advise the BIO of the outcome of cases where BIRs have been provided.

8.56 BIOs (or bail services staff) should maintain a record of cases using the Excel Spreadsheet available from NOMS. This includes identification of cases referred to BASS. A revised monitoring process is planned as part of the bail services review.

8.57 Stonham will maintain records of cases including requests, referrals, orders and service provided and will make reports available to NOMS.

Stonham Forms and promotional material

8.58 Stonham provide dedicated forms to refer someone to BASS. These are available on EPIC and on the HMCTS intranet as well as from Stonham, telephone 0300 555 0264. There is information about the service, processes supporting the service, guidance for referral staff and access to the forms. Stonham provides a range of material to promote BASS in establishments and courts, including posters and leaflets. Stonham staff should be invited to attend resettlement fairs or their equivalent and to present to relevant prison and court staff.

June 2013

Appendix A

BRIEF DESCRIPTION OF STONHAM SERVICE FOR COURTS, CPS AND DEFENCE LAWYERS

The attached briefing should be submitted to the Court, CPS and Defence solicitor with the bail information report and the Stonham proposal.

BRIEFING NOTE FOR THE COURT

BASS allows courts to make greater use of bail by providing accommodation in the community with support for adult defendants who could not otherwise be bailed. Stonham is the BASS contractor for NOMS. BASS also provides for Home Detention Curfew and Intensive Alternative to Custody orders.

BASS gives a high level of assurance to courts through monitoring of residence, of compliance with mandatory support sessions, of behaviour and of adherence to other bail conditions. BASS also provides a supportive regime to bailees which can facilitate community reintegration and reduce the likelihood of reoffending.

The accommodation is provided for up to the period of bail, in dispersed fully furnished houses. They are not hostels and do not have resident staff. The mix of residents is managed by Stonham and is single gender with typically three sharing. Service users have their own bedroom and share communal areas. Residents pay for utilities and pay rent from their own funds or from housing benefit. Service Users must agree to house rules including no over-night visitors and respect for other occupants and neighbours. A single parent with dependent children can be accommodated in a property for their sole use.

The support service is provided by a Support Officer who will meet the Service User on arrival, induct into the property, conduct risk assessments and manage an individual Support Plan. There will be a minimum of one mandatory support session per week (more if ordered by the court). Additional support sessions are provided to meet individual need including the particular needs of women and may vary over the placement. Support will assist with keeping appointments including attendance at court, dealing with health or substance misuse, access to training or employment and finding move-on accommodation. BASS staff will liaise closely with Offender Managers and PSR writers in appropriate cases.

A support-only service is available to the Courts for those who have an acceptable address but who could not be released without such support. The support-only option can maximise a defendant’s chances of successfully complying with a period of bail.

Defendants can be referred at a first or subsequent court appearance up to 3pm on the day the service is required and must be able to arrive by 7pm.

Eligibility for BASS excludes those convicted/charged with a sexual offence mentioned in Schedule 3 to the Sexual Offences Act 2003, those who pose a significant risk to the public, to BASS staff or to others in a shared house, those under 18 years of age or those unable to pay rent or claim housing benefit.

Required BASS Bail Wording: ‘to live and sleep at [address] and to comply with the conditions of BASS.’

A copy of the Bail Order must be provided by the Court to Stonham on the day bail is granted.

The ‘conditions of BASS’ are attendance at the mandatory support sessions, payment of rent and compliance with the rules of behaviour in the house and towards staff, other residents and others.

Enforcement procedures are applied by Support Officers for failure to arrive or reside, failure to attend mandatory support sessions or failure to comply with the Accommodation Agreement. Breaches of other Bail conditions will also be reported to the police.

Stonham is the care and support division of Home Group and is England’s largest provider of housing, care and support for people in need. Stonham runs about 520 services, working in partnership with the probation service, local authorities, health providers etc. to over 20,000 people each year.

To find out more To find out more about Service please contact the referral hotline on

0300 555 0264

or email contactus@ stonham-bass.org.uk

PSI 25/2013 – PI 10/2013 UNCLASSIFIED ISSUE DATE 19/08/2013