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SUPERVISION, REVOCATION AND

RECALL FOR PRISONERS Probation


RELEASED ON LICENCE
Circular
PURPOSE
The purpose of this circular is to introduce a new joint national protocol REFERENCE NO:
concerning the supervision, revocation and recall of prisoners released on 03/2005
licence, in England and Wales, and to outline the responsibilities of the
Probation Service within it. ISSUE DATE:
6 January 2005
ACTION
Chief Officers are asked to: IMPLEMENTATION DATE:
• Bring this protocol to the attention of all relevant staff; Immediate
• Ensure that the protocol is in operation in the areas by 1 February 2005.
EXPIRY DATE:
SUMMARY June 2009
The provisions of the Criminal Justice Act 2003 will result in prisoners being
supervised for longer periods in the community post custody, whilst allowing
TO:
for the use of licence revocation and recall to custody to be used as a more
Chairs of Probation Boards
flexible risk management tool. A more collaborative approach between the
Police and Probation Services will be necessary, particularly at a local level, Chief Officers of Probation
in order to ensure supervision, monitoring, revocation decisions and in Secretaries of Probation Boards
appropriate circumstances a swift recall to custody. This circular sets out a
framework to ensure that the Police and Probation Service work together to CC:
an agreed minimum standard in order to achieve this. Board Treasurers
Regional Managers
RELEVANT PREVIOUS PROBATION CIRCULARS
PC42/2003: Parole, Licence and Recall Arrangements AUTHORISED BY:
PC13/2003: Sharing Information to Inform Decisions on Offender Release & Liz Hill, Head, Public Protection
Recall and Courts Unit

CONTACT FOR ENQUIRIES ATTACHED:


Jo Thompson, Assistant Chief Officer 020 7217 8823 Annex A: Joint National Protocol –
Jo.thompson8@homeoffice.gsi.gov.uk; or Supervision, Revocation and
Jason Oliver, Policy Developer 020 7217 0763 Recall for Prisoners Released on
The Home Office Early Release and Recall Section are policy lead for the Licence
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.

4. 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.

MONITORING

5. The ACO (or equivalent) and the ACPO Chief Officer will monitor the arrangements through regular meetings.

6. 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.

7. The Police and Probation Services will be responsible for their own monitoring arrangements concerning the
implementation of their own procedures at a local level.

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.

9 To outline aspects of principal and guidance to ensure that lines of communication exist between the Police and
Probation Services.

10. 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.

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).

PC03/2005 Supervision, Revocation and Recall for prisoners Released on Licence 2


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.

PC03/2005 Supervision, Revocation and Recall for prisoners Released on Licence 3


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.

17. 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.

18. 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.

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.

20. 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.

21. 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.

22. 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.

PC03/2005 Supervision, Revocation and Recall for prisoners Released on Licence 4


APPEALS

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

PC03/2005 Supervision, Revocation and Recall for prisoners Released on Licence 5


JOINT NATIONAL
PROTOCOL

SUPERVISION, REVOCATION AND


RECALL FOR PRISONERS
RELEASED ON LICENCE
CONTENTS

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

SCHEDULE
1 Aim 4
2 Objectives 4

3 Probation Service Role 5


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

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

GLOSSARY 27
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 This protocol will take effect from 1st February 2005.

3.2 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.

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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 re-
offending.

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

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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).

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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:
• MAPPA Level 2 & 3 cases
• PPOs
• NIM Targets, as locally defined

5.2 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 re-
release, 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 re-
release of prisoners on licence to their SED, on each occasion of

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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

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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

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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.

15
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. (The
arresting officer does not have to be in possession of the
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.
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

20
PRE RELEASE COMMUNICATION TO INFORM LICENCE CONDITIONS ON
MAPPA LEVELS 2 & 3, PPOs and NIM TARGETS

PROCESS START: Prisoner to be released on licence (no later than 28


days prior to release of prisoner).

PROCESS END: Governor inserts licence conditions.

PROBATION SERVICE PRISON SERVICE POLICE


(Supervising officer)

SPOC Prison Liaison Head of Criminal


Officer Intelligence

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

7.
Interrogate
5.
local
Interrogate 6.
intelligence
local Receive
systems
intelligence information
systems

8.
Collate all
information

9
Consider all
information
received

11
Governor to
10 insert
Make conditions
recommendations in licence
to inform
Governor

END

Appendix B

21
NOTIFICATION OF LICENCE CONDITIONS

PROCESS START: Prisoner to be released on licence.


PROCESS END: Partnership to monitor individual.

PROBATION SERVIE POLICE


(Supervising Probation Officer) (SPOC - Single Point of contact)

A. Receive
Send information
proposed and
release disseminate
licence to relevant
details Force/BCU
immediately
when known

B. Receive
Confirm information
release and
details and disseminate
copy of to relevant
licence Force/BCU

Ensure
information
is placed on
local
intelligence
systems

Monitoring.
Monitoring Take
and positive
supervision action as
appropriate

END

Appendix C

RECALL OF PRISONER ON LICENCE

22
PROCESS START: Prisoner Released On Licence.

PROCESS END: Local Police & Probation Service partnerships consider


future action regarding licence revocation.

POLICE HOME OFFICE


(Single Point of Contact) (Early Release and Recall Section)

PROBATION SERVICE

1.
Monitor 2.
licensee in the Monitor
community licensee

3.
Commit(s)
Breaches offences or
licence behaviour
conditions causes concern

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

Risk Request
assessment application for
and decision revocation
to recall
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) If required, to receive visits from their supervising officer at their home;

iii) 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) He shall reside only where approved by his probation officer.

v) 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 The Association of Chief Police Officers

BCU Base Command Unit

CJA Criminal Justice Act


26
ERRS Early Release and Recall Section

FCC Force Command Centre

FIB Force Intelligence Bureau

HMCE Her Majesty’s Customs & Excise

LCJB Local Criminal Justice Board

LRRS Lifer Review and Recall Section

MAPPA Multi-Agency Public Protection Arrangements

NIM National Intelligence Model

PPO Prolific and other Priority Offender

SED Sentence Expiry Date

SPOC Single Point of Contact

27