SUPERVISION, REVOCATION AND RECALL FOR PRISONERS RELEASED ON LICENCE

PURPOSE
The purpose of this circular is to introduce a new joint national protocol concerning the supervision, revocation and recall of prisoners released on licence, in England and Wales, and to outline the responsibilities of the Probation Service within it.

Probation Circular
REFERENCE NO: 03/2005 ISSUE DATE: 6 January 2005 IMPLEMENTATION DATE: Immediate EXPIRY DATE: June 2009 TO: Chairs of Probation Boards Chief Officers of Probation Secretaries of Probation Boards CC: Board Treasurers Regional Managers AUTHORISED BY: Liz Hill, Head, Public Protection and Courts Unit ATTACHED: Annex A: Joint National Protocol – Supervision, Revocation and Recall for Prisoners Released on Licence

ACTION
Chief Officers are asked to: • Bring this protocol to the attention of all relevant staff; • Ensure that the protocol is in operation in the areas by 1 February 2005.

SUMMARY
The provisions of the Criminal Justice Act 2003 will result in prisoners being supervised for longer periods in the community post custody, whilst allowing for the use of licence revocation and recall to custody to be used as a more flexible risk management tool. A more collaborative approach between the Police and Probation Services will be necessary, particularly at a local level, in order to ensure supervision, monitoring, revocation decisions and in appropriate circumstances a swift recall to custody. This circular sets out a framework to ensure that the Police and Probation Service work together to an agreed minimum standard in order to achieve this.

RELEVANT PREVIOUS PROBATION CIRCULARS
PC42/2003: Parole, Licence and Recall Arrangements PC13/2003: Sharing Information to Inform Decisions on Offender Release & Recall

CONTACT FOR ENQUIRIES
Jo Thompson, Assistant Chief Officer 020 7217 8823 Jo.thompson8@homeoffice.gsi.gov.uk; or Jason Oliver, Policy Developer 020 7217 0763 The Home Office Early Release and Recall Section are policy lead for the parole process, pre-release and release procedures. General queries should be referred to: Simon Greenwood 020 7217 5861 or Kerry Adams 020 7217 5848

National Probation Directorate
Horseferry House, Dean Ryle Street, London, SW1P 2AW General Enquiries: 020 7217 0659 Fax: 020 7217 0660

Enforcement, rehabilitation and public protection

INTRODUCTION 1. The steady rise in the number of offenders serving prison sentences of twelve months and over has lead to an accompanying increase in licences supervised by the National Probation Service, in the revocation of those licences and in the recall of offenders to prison. The provisions of the Criminal Justice Act 2003 will result in prisoners being supervised for longer periods in the community post custody, whilst allowing for the use of licence revocation and recall to custody to be used as a more flexible risk management tool. A more collaborative approach between the Police and Probation Services will be necessary, particularly at a local level, in order to ensure supervision, monitoring, revocation decisions and in appropriate circumstances a swift recall to custody. The following protocol is to be adopted across both Police and Probation Services in England and Wales, and implemented alongside Probation Circular 03/2005 published on the new release and recall provisions under the Criminal Justice Act 2003.

COMMENCEMENT 2. This Protocol will take effect from 1 February 2005.

SYSTEMS AND PROVISIONS 3. This Protocol has been agreed at national level between the Association of Chief Police Officers (ACPO), the National Probation Service, and the respective heads of the Prison Service and Home Office Sections dealing with operational issues concerning early release and recall provisions. The arrangements outlined in the Protocol will therefore be implemented in all services at the same time. It is important that the national standard contained in the Protocol is developed into a local agreement that fits with the local police and probation service structures. Responsibility for this development and local implementation will rest with the Probation Chief Officer Grade (or equivalent) responsible for Recall (the recall liaison officer, or RLO) and the ACPO Chief Officer with lead responsibility for Criminal Justice in each Area.

4.

MONITORING 5. 6. The ACO (or equivalent) and the ACPO Chief Officer will monitor the arrangements through regular meetings. Local Criminal Justice Boards should be made aware of the Protocol and the joint local arrangements established by the police and probation, and take a role in ensuring that these are implemented. The Police and Probation Services will be responsible for their own monitoring arrangements concerning the implementation of their own procedures at a local level.

7.

AIMS AND OBJECTIVES 8 To provide a framework to ensure that the Police and Probation Service work together to an agreed minimum standard when dealing with the supervision, revocation and recall of prisoners released from prison on licence. To outline aspects of principal and guidance to ensure that lines of communication exist between the Police and Probation Services. To ensure that once the decision to revoke a licence is taken, the offender is returned to custody as speedily as possible in order to protect the public and prevent re-offending.

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10.

PROBATION ROLES AND RESPONSIBILTIES 11. It is understood by all agencies committed to the Protocol that the Probation Service has the statutory duty, and retains primacy of role and decision making, in relation to any recall recommendations to the Early Release and Recall Section (ERRS).

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12.

The Probation Service has the statutory duty to supervise offenders released from prison on licence and, when appropriate, to initiate the process of recall in order to protect the public and prevent further offending. The National Probation Service aims, in the management of those subject to licence and within the processes of this protocol, to: • • • • • • Work with the individual, and partner agencies to reduce the risks of re-offending on release from prison; Collect and share information appropriately in order to make assessments of risk; Advise those responsible for their imposition, about which licence conditions could most effectively manage the offender in the community; Supervise the offender and work with others, including the Police, to monitor the individual in the community in order to prevent further offending; Collate and assess all the information available and make decisions about the appropriate use of revocation and recall as a risk management tool; Communicate with the police effectively in order to ensure the swift return to custody of offenders on whom recall has been decided.

13.

Each Probation Area will identify a named Chief Officer grade (or equivalent) responsible for recall who will: • • • Take forward this Protocol with their respective ACPO Chief Officer with lead responsibility for Criminal Justice; Ensure all staff are informed of the police contact details as outlined in the Protocol and implemented locally. Ensure that the processes are in place for communication with the police according to local arrangements.

ACTION 14. • PRE-RELEASE At the pre-release point, when the supervising officer is preparing a report, or collating information from victims or other agencies, in order to advise on release or conditions to be included in a licence, they will contact the police Head of Criminal Intelligence in the following cases only: a) MAPPA Levels 2 and 3 (OASys High or Very High Risk of Serious Harm categories who are likely to need to be managed at MAPPA level 2 or 3 on release) b) PPOs c) Criminal Intelligence Model Targets (NIM Targets) as agreed locally. The supervising officer will send details of the impending release of such an offender and request intelligence that could inform the licence conditions and risk management plan. This process should take place at least 28 days prior to release. For individuals already under multi-agency consideration within the MAPPA, liaison between police and probation will already be happening. In all cases, not only those who are the highest risk of harm or re-offending on release, as soon as the licence conditions are agreed the Probation Service will immediately notify the relevant Police SPOC (Single Point of Contact) of: a) Time and date of release b) From where released c) Proposed release address d) Proposed licence conditions. Where appropriate the Probation Service should include any specific additional information for the Police to ensure the re-integration of the person concerned is appropriately managed in a fair and consistent manner. Any subsequent change of detail for (a) to (d) above that arises, either Pre or Post-Release, must be notified to the Police SPOC.

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15. •

RECALL When the Probation Service is considering recommending revocation of a licence the supervising officer will contact the SPOC for any information that might inform the decision. When the decision to breach the offender and recommend recall has been taken and endorsed by the senior manager, the breach report sent to the ERRS, or LRRS (Lifer Review and Recall Section) in the case of a life sentence prisoner, must contain the details of the local SPOC to ensure swift communication between the ERRS, or LRRS, and the local Police. In cases where a life licensee’s supervision requirement has been lifted and he/she comes to the attention of the Police, the Police will request a full assessment from the Probation Service, and this should be undertaken in liaison with the Police.

MONITORING AND SUPERVISION 16. It must be stressed that the Probation Service will retain primacy of supervision and will ensure the management of the licensee is conducted in a fair and consistent manner. Placing the licence details onto the appropriate Police intelligence system will ensure that any future contact with the Police can be monitored (e.g. victim of crime, witness, suspect, charged offender, subject of intelligence or cause for concern). Dependent upon the circumstances (and having regard to the initial notification, the terms of the Licence and any other subjective factors), notification of any contact with the Police can be made to the relevant Offender Manager. Legal authority for such disclosures is governed by the Crime and Disorder Act 1998. In the event of this being evidentially based (i.e. licensee commits an offence for which there exists evidence in the format of a statement etc) and taking into account the constraints of the Data Protection Act 1998, Human Rights Act 1998 and the rules of evidence, disclosure should be made by the Police to the relevant Offender Manager.

17.

18.

LICENCE REVOCATION PRINCIPLES 19. Any changes to an individual’s licence conditions should be communicated to the Police by the supervising officer. In life licence cases where the supervision requirement is lifted, LRRS will inform New Scotland Yard, and the Probation service should inform the police locally, that the life licensee is no longer under the supervision of the Probation Service but that the life licence remains in place. If recall is appropriate, it will be pursued by the Probation Service regardless of any remand in custody. The Probation Service must be conscious of a remand prisoner’s right to appeal against remand, and if revocation is not pursued it could lead to inappropriate release. If the Probation Service has grounds for initiating recall procedures, they will continue regardless of any remand or discontinued charges. A recommendation to recall an offender is based on an assessment of their behaviour and circumstances (including a breach of the licence or a criminal charge), and a judgement that the risks they pose have increased to the point where recall to custody is necessary in order to protect the public and prevent further offending. The Police, Probation and Crown Prosecution Service should liaise in advance of any proceedings to decide upon the most appropriate course of action, taking into consideration any risk of re-offending and the circumstances of the charge. Probation Circular 13/2003 ‘Sharing Information To Inform Decisions On Offender Release And Recall’ clarifies the procedures for probation staff in sharing information with the Secretary of State, the Parole Board and the Prison Service to inform decisions on the release and recall of offenders, without disclosing sensitive information.

20.

21.

22.

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APPEALS 23. Upon notification of an appeal, ERRS will inform the relevant supervising officer. In turn they will notify the relevant Police SPOC.

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JOINT NATIONAL PROTOCOL SUPERVISION, REVOCATION AND RECALL FOR PRISONERS RELEASED ON LICENCE

CONTENTS
PROLOGUE Page(s) 1 2 3 4 5 6 7 Introduction Geographical Scope Commencement, Interpretation and Amendment Local Systems Local Monitoring Revision Signatories 1 1 1 2 2 2 3

SCHEDULE 1 2 3 4 5 6 7 8 9 10 11 12 Aim Objectives Probation Service Role Police Service Role Pre-release communication to inform Licence Conditions Notification of Licence Conditions Monitoring and Supervision Licence Revocation Life Sentence Cases Arrest and Detention Procedures Appeals Process After Care – monitoring post release 4 4 5 7 8 11 12 13 14 17 18 19

APPENDICES A B C D Pre-release communication to inform Licence Conditions Notification of Licence Conditions Recall of Prisoner on Licence Licence Conditions 21 22 23 24 27

GLOSSARY

PROLOGUE
1. INTRODUCTION 1.1 This protocol is intended to provide a framework for partner agencies to work together to supervise offenders, enforce their licences and to effect an efficient recall to custody of those who breach their licence conditions, in order to protect the public and prevent further crime. 1.2 The steady rise in the number of offenders serving prison sentences of twelve months and over has led to an accompanying increase in licences supervised by the National Probation Service, in the revocation of those licences and in the recall of offenders to prison. The provisions of the Criminal Justice Act 2003 will result in prisoners being supervised for longer periods in the community post custody, whilst allowing for the use of licence revocation and recall to custody to be used as a more flexible risk management tool. A more collaborative approach between the Police and Probation Services will be necessary, particularly at a local level, in order to ensure supervision, monitoring, revocation decisions and, in appropriate circumstances, a swift recall to custody. 2. GEOGRAPHICAL SCOPE 2.1 This protocol concerning the supervision, revocation and recall of prisoners released on licence is to be adopted across both Police and Probation Services in England and Wales. 3. COMMENCEMENT, INTERPRETATION AND AMENDMENT 3.1 3.2 This protocol will take effect from 1st February 2005. Any provision contained in this protocol may be amended at any time with the consent of the parties concerned.

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4.

LOCAL SYSTEMS 4.1 The protocol is intended as a national minimum standard. All local systems should accord with the minimum standard. 4.2 Responsibility for liaison on the local implementation of the protocol rests with the: • • Police: ACPO Chief Officer with the lead responsibility for criminal justice Probation: Chief Officer Grade or equivalent responsible for recall Where differences of interpretation arise they will also be responsible for defining the areas of disagreement, and agreeing measures for their resolution.

5.

LOCAL MONITORING 5.1 The individuals referred to in paragraph 4.2 above, will be responsible for monitoring the joint arrangements under the protocol at regular meetings held at local level. 5.2 The police and probation services will be responsible for their own monitoring arrangements concerning the implementation of their procedures at area level. 5.3 The Local Criminal Justice Board (LCJB) should ensure that appropriate monitoring arrangements are in place in the area.

6.

REVISION 6.1 A complete revision of this whole protocol beyond any amendments described at 3 above will be conducted by, and with the consent of, all parties concerned. 6.2 Date last revised – December 2004. 2

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SCHEDULE
1. AIM 1.1 This protocol provides a framework to ensure that the Police and Probation Service work together to an agreed minimum standard when dealing with the supervision, revocation and recall of prisoners released from prison on licence. 1.2 This protocol aims to increase public confidence in the management and integration of licensees into the community and reduce reoffending. 2. OBJECTIVES 2.1 The objectives are as follows: 2.1.1 To outline aspects of principle and guidance to ensure that lines of communication exist between the Police and Probation Services. 2.1.2 To clarify and develop aspects of local operational procedures necessary for effective and efficient operation between the Police and Probation Service. 2.1.3 To ensure the early identification of prisoners whose licences the Secretary of State has revoked, at the point the decision to revoke is taken, in order to make an expeditious arrest and return to prison. 2.1.4 To reduce opportunities for criminal activity for licensees.

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3.

PROBATION SERVICE ROLE AND RESPONSIBILITIES 3.1 The Probation Service has the statutory duty to supervise offenders released from prison on licence and, when appropriate, to initiate the process of recall in order to protect the public and prevent further offending. 3.2 The National Probation Service aims, in the management of those subject to licence and within the processes of this protocol, to: 3.2.1 Work with the individual, and partner agencies to reduce the risks of re-offending on release from prison. 3.2.2 Collect and share information appropriately in order to make assessments of risk. 3.2.3 Advise those responsible for their imposition, about which licence conditions could most effectively manage the offender in the community. 3.2.4 Supervise the offender and work with others, including the police, to monitor the individual in the community in order to prevent further offending. 3.2.5 Collate and assess all the information available and make decisions about the appropriate use of revocation and recall as a risk management tool. 3.2.6 Communicate with the police effectively in order to ensure the swift return to custody of offenders on whom recall has been decided. 3.3 Each Probation Area will identify a Chief Officer Grade or equivalent, responsible for recall (Recall Liaison Officer), who will take forward

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this protocol with the ACPO Chief Officer with lead responsibility for Criminal Justice in the local Police Force. 3.4 The Recall Liaison Officer will inform all staff of the details of the contacts that need to be made in the police, when they have been decided at local level, depending on local implementation (Head of Criminal Intelligence, Single Point of Contact, etc). 3.5 Pre-Release: At the point at which the supervising officer prepares reports, or collates victim information or information from colleagues/agencies in order to advise the relevant authority (the Prison Governor, Early Release and Recall Section (ERRS) or the Parole Board) on release and licence conditions, they will inform the Head of Criminal Intelligence in the following cases: • • • MAPPA Levels 2 & 3 Prolific and other Priority Offenders (PPOs) National Intelligence Model Targets (NIM Targets).

These will need to be agreed by the local Criminal Justice Board (LCJB) so that such offenders are clearly identified and flagged at the point of sentence. 3.6 The supervising officer will send the Police details of the impending release on licence of these offenders, and request intelligence which could inform the licence conditions and risk management plan. 3.7 This process should normally take place at least 28 days before release, however, for those offenders who fall within the MAPP Arrangements and on whom multi agency work is ongoing, this process should already be part of the information sharing and assessment framework being undertaken. 3.8 Recall: When the supervising officer prepares and sends the Breach Report to the ERRS at the Home Office, they will inform them of the local Police SPOC details to ensure swift communication between ERRS and the local police. Having notified the Police, ERRS will 6

then notify the relevant probation contact on the Breach Notification Form. 4. POLICE SERVICE ROLE AND RESPONSIBILITIES 4.1 It is recognised that forces may implement local measures to ensure these processes are managed effectively. 4.2 The aims of the Police Service within this process are: 4.2.1 To provide intelligence and/or information to the Probation Service pre-release on: • • • MAPPA Level 2 & 3 cases PPOs NIM Targets, agreed locally

This will allow suitable licence conditions to be imposed. 4.2.2 To complement and, where appropriate, assist the Probation Service in the monitoring and supervision of those released on licence. 4.2.3 Each Force will nominate the Head of the Force

Communications Centre (FCC) as a Single Point of Contact (SPOC) to receive and disseminate prison recall notifications. The Single Point of Contact (SPOC) The SPOC will act as a contact point available 24 hours a day 7 days a week for each Police Force. Early Release & Recall Section (ERRS) will make direct contact with the SPOC when a revocation notice has been issued. The SPOC must then take immediate action to ensure early efforts are made to arrest and return them to prison. 4.2.4 To provide the Probation Service with the contact details of the nominated Police Single Point of Contact (SPOC). 7

4.2.5 To provide intelligence/evidence to the Probation Service where it is believed revocation would be appropriate (reasons for revocation may vary but public protection, prevention and detection of crime will always be of significance). 4.2.6 Where revocation has been approved, the Police will arrest those unlawfully at large expeditiously. 4.3 The process maps contained at the Appendices A to C outline the recommended procedures to be taken by the Probation and Police Service in respect of pre-release, supervision and the recall process for licensees. 5. PRE RELEASE COMMUNICATION TO INFORM LICENCE CONDITIONS (see Appendix A) 5.1 This process should take place no later than 28 days prior to release on: • • • 5.2 MAPPA Level 2 & 3 cases PPOs NIM Targets, as locally defined

The Probation Service will make a formal request to the Police for any information or intelligence that may impact upon the decision to release and/or what conditions should be placed on a licence. This is irrespective of whether evidence is available of an offence but may impact on an assessment of risk of harm and/or re-offending. The Police will then have the opportunity to make recommendations to the Probation Service, based on previous offending behavior, criminal associations, victim considerations and any other community risk factor to the Probation Service.

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5.3

The Police decision-making process should take account of the principles of ECHR so that decisions are justifiable, authorised proportional, auditable and necessary.

5.4

The Probation Service will then consider these issues in advance of release. Currently in the case of prisoners serving a sentence of less than four years, any additional licence conditions have to be approved by the Prison Governor. The Parole Board must approve licence conditions for prisoners serving sentences of four years and over. The commencement of the Criminal Justice Act 2003 will create an overlap of systems whereby two procedures will run simultaneously until the current system sentences have expired.

5.5

The Criminal Justice Act 2003 when commenced in April 2005 amends the procedure as alluded to above and provides for the release of determinate sentenced prisoners (sentenced to 12 months or more and not considered ‘dangerous’) at the half way stage of sentence and for their supervision up to the sentence expiry date (SED). The new recall provisions mean that, for all determinate sentenced prisoners breached after 4 April 2005, the decision to recall is taken executively. Every recalled prisoner has their case reviewed by the Parole Board, whether they wish to make representations or not.

5.6

If the Parole Board considers that the recall was inappropriate, the prisoner must be released immediately. If the recall decision is upheld by the Parole Board it can consider setting a date for rerelease, or the timing of a further review.

5.7

In every case the Probation Service will advise the prison Governor of licence conditions for all those prisoners described above. On MAPPA cases level 2 & 3, PPOs and NIM targets, they will do this taking in to account the information and advice offered by the police. In addition, given that the new recall provisions provide for the rerelease of prisoners on licence to their SED, on each occasion of 9

recall and re-release the Police and Probation service must follow this process. 5.8 Efficient adoption of this procedure will ensure that licence conditions are considered taking into account as much relevant information as possible, so that the offender is released with suitable conditions. 5.9 The pre-release process, with those who pose the highest risk of serious harm or re-offending, will promote: • The setting of conditions that will reduce the need for prolonged periods of covert surveillance • A reduction in the number of Sex Offender or Anti-Social Behavior applications after release. Suitable conditions can be issued pre-release (see pre-release procedures) • Reduced opportunities for criminal association. This may prevent the licensee from resuming associations that led to previous offending behaviour • The setting of conditions that will prevent the licensee from visiting geographical areas for the period of supervision. This may involve restriction around schools, addresses of previous victims or locations where the individual is at risk of drug and/or alcohol misuse • Early notification of release and input into licence conditions to assist areas in the management of prolific and priority offenders • Early notification to local Intelligence Officers of the release of a licensee and the dissemination of information using the National Intelligence Model (NIM) processes.

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5. 10 A list of potential licence conditions is contained at Appendix D and may be of assistance to the Police when responding to the information request from the Probation Service, pre-release. 6. NOTIFICATION OF LICENCE CONDITIONS (see Appendix B) 6.1 IN ALL CASES: As soon as the licence conditions are agreed the Probation Service will immediately notify the relevant Police SPOC of: • • • • Time and date of release From where released Proposed release address Proposed licence conditions.

In relation to the last two bullet points this is to cater for last minute changes prior to the imminent issue of the licence conditions. 6.2 On the day of release a copy of the licence will be supplied to the relevant SPOC who in turn will notify the BCU confirming the release and details of the licence. It will be for each Force to decide the best method of communicating this information. This information should however be made available Force-wide and the local electronic intelligence system may be the most appropriate. 6.3 Where appropriate the Probation Service should include any specific additional information for the Police to ensure the re-integration of the person concerned is appropriately managed in a fair and consistent manner. 6.4 In the event of any variation or cancellation of conditions to an offender’s licence, whether it is whilst they are in the community or on re-release post recall, the probation officer will inform the SPOC, who will in turn notify the BCU, of changes to conditions whilst on licence.

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7.

MONITORING AND SUPERVISION (see Appendix C) 7.1 The Probation Service have the statutory role in the management of licences and the recall process. They retain primacy of supervision and responsibility for any recommendations for the revocation of licences. 7.2 The Probation Service will ensure the management of the licensee is conducted in a fair and consistent manner. 7.3 Placing the licence details onto the appropriate intelligence system will ensure that any future contact with the police can be monitored (e.g. victim of crime, witness, suspect, charged offender, subject of intelligence or cause for concern). Dependent upon the circumstances (and having regard to the initial notification, the terms of the Licence and any other subjective factors), notification of any contact with the Police can be made to the relevant supervising officer. Legal authority for such disclosures is governed by the Crime and Disorder Act 1998. 7.4 In the event of this being evidentially based (i.e. licensee commits an offence for which there exists evidence in the format of a statement etc) and taking into account the constraints of the Data Protection Act 1998, Human Rights Act 1998 and the rules of evidence, disclosure should be made by the Police to the relevant supervising officer.

8.

LICENCE REVOCATION (see Appendix C) 8.1 Any request for revocation made by the Police should be endorsed by a supervising officer not below the rank of Inspector and notified to the BCU Commander as soon as practicable. This should assist in achieving consistency and proportionality for the process.

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8.2

In the event of the licensee being prosecuted for an offence, disclosure should follow the above process with any request for revocation endorsed by an officer not below the rank of Inspector. In addition, the Officer in the Case should notify the Duty Crown Prosecutor of any Licence conditions and, where appropriate, these should be brought to the attention of the court.

8.3

It is essential that a prosecution is not discontinued on the basis that the offender has been recalled to custody. Indeed, the commission of an offence whilst subject to a release licence is a significant public influence factor in charging and prosecuting an offender. Similarly, if recall is appropriate, it will be pursued by the Probation Service regardless of any remand in custody. The Probation Service must be conscious of a remand prisoner’s right to appeal against remand, and if revocation is not pursued it could lead to inappropriate release. If the Probation Service has grounds for initiating recall procedures, they will continue regardless of any remand or discontinued charges. A recommendation to recall an offender is based on an assessment of their behaviour and circumstances (including a breach of the licence or a criminal charge), and a judgement that the risks they pose have increased to the point where recall to custody is necessary in order to protect the public and prevent further offending.

8.4

The Police, Probation and Crown Prosecution Service should liaise in advance of any proceedings to decide upon the most appropriate course of action, taking into consideration any risk of re-offending and the circumstances of the charge

8.5

In the event that only Police Intelligence is available and this intelligence is of such a nature that it may lead to consideration of licence revocation, the Police should sanitise the intelligence and, where appropriate, prepare a report for the Probation Service. This decision should be taken in consultation with the BCU Intelligence Manager who will be responsible for conducting a risk assessment 13

on whether or not to disclose. As with evidence-based disclosure, any request for revocation should be authorised by an officer not below the rank of Inspector. 8.6 Probation Circular 13/2003 ‘Sharing Information To Inform Decisions On Offender Release And Recall’ clarifies the procedures for probation staff in sharing information with the Secretary of State, the Parole Board and the Prison Service to inform decisions on the release and recall of offenders, without disclosing sensitive information. 8.7 The process for sanitising police intelligence must ensure complete editing of documents to ensure no reference can be made to the source, methodology or any other sensitive part of that intelligence gathering process. Any release of sanitised police intelligence must be properly authorised, and such authorisation must include a potential for appeal to the Parole Board and, therefore, potentially for release within the public domain. For further guidance on sanitisation refer to the ACPO and HMCE ‘National Standards in Covert Investigations Manual of Standards’ for the recording and disseminating of intelligence materials. 9. LIFE SENTENCE CASES 9.1 Life sentence prisoners are released by the Secretary of State on the direction of the Parole Board. The Board is responsible for setting licence conditions in life sentence cases. There are six standard conditions – see Appendix D and a number of non-standard conditions which may be used as appropriate covering similar issues to those set out for determinate sentence prisoners, also in Appendix D. The life licence remains in force for the rest of the offender’s life, but the supervision requirement by the probation service may be lifted at an appropriate stage. Life licensees are normally required to spend a minimum period of four trouble–free years in the community before 14

the supervision requirement is lifted and for sex offenders this period is ten years. Life licensees remain subject to recall to prison even if licence conditions have been removed. (At pre-release stages and on release from prison on life licence the Probation Service should liaise with the police in the same way as with determinate sentence prisoners [see Annex A]). 9.2 The Secretary of State may revoke a life licence and recall the life licensee to prison on the recommendation of the Parole Board or without such a recommendation where the Lifer Review and Recall Section (LRRS) consider there is an immediate and unacceptable risk to public safety. Recommendations for the consideration of recall of life licensees are submitted by the probation service to LRRS and must be endorsed by an officer at Assistant Chief Officer Grade (or equivalent). 9.3 Emergency recalls can be undertaken when there appears to be a very high risk of harm to the public. This decision is taken by a senior manager in LRRS. If the emergency occurs out of hours the senior manager can be contacted via the Home Office out of hours duty officer on 0870 000 1585. 9.4 The recall liaison process between police and probation services for life licensees should follow the same processes as apply to determinate sentence prisoners. Requests for recall should include the views of the police where appropriate. If it is agreed that a licence should be revoked, LRRS will be responsible for informing the National Identification Service (NIS) at Scotland Yard, who then update PNC. LRRS will also inform the local SPOC by faxing a copy of the revocation order, and inform the Probation Service that the licence has been revoked. In the case of a life licence the SPOC must confirm receipt of the fax by telephoning LRRS on 020 7217 5265.

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9.5

On arrest the life licensee should be returned to the nearest local prison to continue to serve their life sentence. The police should give prior notice to the reception officer at the prison that a recalled life licensee is to be returned to prison under escort.

9.6

If a life licensee’s supervision conditions are removed, LRRS will inform the National Identification Service at New Scotland Yard. The Probation Service will inform the SPOC that the life licensee is no longer under the supervision of the Probation Service but that the life licence remains in force. If a life licensee who is not subject to supervision conditions comes to adverse notice, the police must contact LRRS on 0207 217 5265. LRRS will then contact the relevant local probation area to request that a full risk assessment is prepared including views on recall.

9.7

Following a life licensee’s return to custody, they must be informed of the reasons for the revocation of their licence and of their right to make representations to the Parole Board. All recalled life sentence prisoners have the opportunity to have their representations against recall considered at an oral hearing of the Parole Board. Any representations made by the recalled prisoner will be shared with the Probation Service. In considering the validity of recall and whether or not the recalled prisoner may be re-released the Board will need to have up to date reports from the supervising probation area. The Probation Service should liaise with the Head of Criminal Intelligence on any police representations concerning the recall for their updated report to the oral hearing. It is also very likely that an appropriate representative from the supervising probation area will be required to attend recall hearings to give evidence about the case. Depending on the circumstances of the recall, a police representative may also be required to attend such hearings. After considering any representations made following a recall of a life licensee, the Board may direct immediate release. Any such direction is binding on the Secretary of State and must be acted upon.

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10.

ARREST & DETENTION PROCEDURES 10.1 When a revocation order is issued the Police will then take steps to ensure the speedy arrest of the individual. 10.2 The Powers available to the Police to arrest a person unlawfully at large are as follows: • Section 49 of the Prisons Act 1952 provides the power to arrest without warrant anyone unlawfully at large. revocation notice) • A power to enter and search premises without a search warrant exists in section 17 of the Police and Criminal Evidence Act 1984. 10.3 Upon arrest the detainee should be delivered to the custody of H.M. (The arresting officer does not have to be in possession of the

Prison Service. 10.4 In the event a licensee is arrested in a Force area other than the area in which either they resided or originally committed the offence, the arresting Force should inform the SPOC in the Home Force. The ‘Home’ SPOC should inform the relevant Probation contact in their own area. 11. APPEALS PROCESS 11.1 Those prisoners subject to recall are notified of the reason for their recall to prison (see paragraph 9.7 for information about lifers who make representations against recall). 11.2 Currently, in the event of the prisoner wishing to appeal the decision: • Upon notification of an appeal, ERRS will inform the relevant supervising officer. Where relevant the Probation Officer will 17

notify

the

relevant

Police

SPOC

(i.e.

use

of

Police

evidence/intelligence led to revocation) • An opportunity is given for the person to make written representations to the Parole Board • • If the appeal is accepted the prisoner is released immediately If the appeal is rejected, the individual will be released on the Licence Expiry Date (if the period between recall and Licence Expiry Date is more than 13 months, the individual will be entitled to a further Parole Board Review) • Those sentenced to 12 months and over post commencement of the CJ Act 2003, and recalled, can make representations to the Parole Board. The PB will consider the legitimacy of all recalls and make decisions on re-release and review. 11.3 Careful consideration should therefore be given to the content of information supplied by the Police. In particular, great care should be given to the sanitisation of intelligence. 11.4 Risk assessments should also be conducted against the Police Intelligence grading system and carefully balanced, taking into account all issues that may impact upon the safety and well being of individuals. 12 AFTER-CARE – MONITORING POST RELEASE 12.1 Subject to any further release either by the Parole Board or once the prisoner has reached the licence expiry date (currently three quarter point of the sentence, or at the sentence expiry date under the CJA 2003), consideration should be given to the continued monitoring and supervision of such individuals.

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12.2

Dependent upon the terms of their release, responsibility for

supervision of the individual may not fall to the Probation Service. 12.3 Under such circumstances any relevant information should be shared between both agencies, in order to risk assess the individuals release and their potential for committing further offences.

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APPENDICES

Appendix A

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PRE RELEASE COMMUNICATION TO INFORM LICENCE CONDITIONS ON MAPPA LEVELS 2 & 3, PPOs and NIM TARGETS PROCESS START: PROCESS END:
PROBATION SERVICE (Supervising officer)

Prisoner to be released on licence (no later than 28 days prior to release of prisoner). Governor inserts licence conditions.

PRISON SERVICE

POLICE

SPOC

Prison Liaison Officer

Head of Criminal Intelligence

1. Request information/ intelligence from Police on: MAPPA Level 2 & 3; PPOs; NIM Targets 4. Request information from Prison Service

2. Receive request for information

3. Disseminate request for information form

5. Interrogate local intelligence systems

6. Receive information

7. Interrogate local intelligence systems

8. Collate all information

9 Consider all information received

10 Make recommendations to inform Governor

11 Governor to insert conditions in licence

END

Appendix B

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NOTIFICATION OF LICENCE CONDITIONS PROCESS START: PROCESS END: Prisoner to be released on licence. Partnership to monitor individual.

PROBATION SERVIE (Supervising Probation Officer)

POLICE (SPOC - Single Point of contact)

A. Send proposed release licence details immediately when known

Receive information and disseminate to relevant Force/BCU

B. Confirm release details and copy of licence

Receive information and disseminate to relevant Force/BCU

Ensure information is placed on local intelligence systems

Monitoring and supervision

Monitoring. Take positive action as appropriate

END

Appendix C RECALL OF PRISONER ON LICENCE 22

PROCESS START: PROCESS END:

Prisoner Released On Licence. Local Police & Probation Service partnerships consider future action regarding licence revocation.
POLICE (Single Point of Contact) HOME OFFICE (Early Release and Recall Section)

PROBATION SERVICE

1. Monitor licensee in the community

2. Monitor licensee

Breaches licence conditions

3. Commit(s) offences or behaviour causes concern

Obtain relevant information from Police & Prison

Obtain relevant information from Probation & Prison and share information with Probation

Risk assessment and decision to recall

Request application for revocation Make decision to revoke Recall information sent to SPOC

Notification of result of decision

Take positive action as appropriate

END

Appendix D GUIDANCE ON THE USE OF LICENCE CONDITIONS 23

STANDARD CONDITIONS FOR DETERMINATE SENTENCE PRISONERS Under the new sentencing provisions of the CJA 2003 prisoners serving a sentence of 12 months and over will be on licence and subject to probation supervision throughout the whole of the second half of their sentence. They will continue to be subject to the six standard licence conditions, namely: i) To keep in touch with their supervising officer in accordance with any instructions they may be given; ii) iii) If required, to receive visits from their supervising officer at their home; Permanently to reside at an address approved by their supervising officer and notify him or her in advance of any proposed change of address or any proposed stay (even for one night) away from that approved address; iv) Undertake only such work (including voluntary work) approved by their supervising officer and notify him or her in advance of any proposed change; v) Not to travel outside the United Kingdom without prior permission of their supervising officer (which will be given in exceptional circumstances only); vi) To be well behaved and, not to commit any offence and not to do anything which could undermine the purposes of their supervision, which are to protect the public, prevent them from re-offending and help them to re-settle successfully into the community.

STANDARD CONDITIONS FOR LIFE SENTENCE PRISONERS i) He shall place himself under the supervision of whichever probation officer is nominated for the purpose from time to time. 24

ii)

He shall on release report to the probation officer so nominated, and shall keep in touch with that officer in accordance with that officer’s instructions.

iii)

He shall, if his probation officer so requires, receive visits from that officer where the licence holder is living.

iv) v)

He shall reside only where approved by his probation officer. He shall work only where approved by his probation officer and shall inform his probation officer at once if he loses his job.

vi)

He shall not travel outside Great Britain without the prior permission of his probation officer.

ADDITIONAL CONDITIONS In addition to these conditions, it will also be possible for probation officers to recommend additional licence conditions, and these must be taken from a menu of specified conditions. The Probation Service will not routinely be able to recommend the insertion of any condition not included in the specified list. (Exceptionally, probation officers may seek to include a condition not included in the specified list. Any such condition can only be included with the approval of the ERRS indeterminate sentence cases and the Parole Board in life sentence cases as explained in paragraph 9.1.)

ADDITIONAL,

SPECIFIED,

CONDITIONS

WILL

ADDRESS

FACTORS

RELATED TO RISKS OF HARM AND RE-OFFENDING, AND CONCERN: Residency Contact Prohibited activities 25

Treatment programmes Drug/Alcohol abstinence Exclusion from places/areas Curfew/electronic monitoring.

GLOSSARY OF TERMS

ACPO BCU CJA

The Association of Chief Police Officers Base Command Unit Criminal Justice Act 26

ERRS FCC FIB HMCE LCJB LRRS MAPPA NIM PPO SED SPOC

Early Release and Recall Section Force Command Centre Force Intelligence Bureau Her Majesty’s Customs & Excise Local Criminal Justice Board Lifer Review and Recall Section Multi-Agency Public Protection Arrangements National Intelligence Model Prolific and other Priority Offender Sentence Expiry Date Single Point of Contact

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