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DRAFT NATIONAL STANDARDS Probation

2005 FOR CONSULTATION


PURPOSE
Circular
To provide areas with the first public draft of the new National Standards for
REFERENCE NO:
the Supervision of Offenders 2005 for consultation.
07/2005
ACTION
Areas should consider the draft national standards and provide comments to ISSUE DATE:
the NPD by 15 February 2005. The timetable for consultation, final 20 January 2005
agreement and training on the new National Standards is very pressing and
any replies received after that date will not be considered. IMPLEMENTATION DATE:
Immediate
SUMMARY
The new National Standards have the following characteristics: EXPIRY DATE:
• They are based on those issued in 2002
January 2006
• They will apply to all offenders irrespective of the date on which their
supervision commenced
• The guidance sections in the previous standards have been removed to TO:
make them shorter with more explicit expectations of staff Chairs of Probation Boards
• They are based on the offender management model and will facilitate the Chief Officers of Probation
transition in NOMS to a separation of offender management and
Secretaries of Probation Boards
interventions
• The contact levels reflect the resources available to Probation Boards
and therefore should be capable of being fully delivered CC:
Board Treasurers
At the close of the consultation period on 15 February, the standards will be Regional Managers
resubmitted to Ministers for final approval with the aim of issuing them to
areas on 1 March.
AUTHORISED BY:
Roger McGarva, Head of Regions
RELEVANT PREVIOUS PROBATION CIRCULARS
PC101/1999: National Standards for the Supervision of Offenders in the & Performance Management
Community 2000
PC07/2002: Revised National Standards for the Supervision of Offenders in ATTACHED:
the Community. Annex A – Draft National
Standards 2005
CONTACT FOR ENQUIRIES
Roger.McGarva2@homeoffice.gsi.gov.uk (tel: 020 7217 8244),
Paris.Mikkides@homeoffice.gsi.gov.uk (tel: 020 7217 8812) or
Ed.Stradling@homeoffice.gsi.gov.uk (tel: 020 7217 0758)

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


BACKGROUND
The existing National Standards are not consistent with either the Criminal Justice Act or offender management. A new
set of National Standards is therefore required. The draft National Standards include the provision that they will apply to
all offenders, irrespective of the date on which supervision commenced. The NPD has carefully considered the option of
running two sets of National Standards simultaneously. However, this is seen as being over complicated at a time when
staff will have to manage two sentencing frameworks in the transitional period while the CJA is introduced.

The existing National Standards contain sections of guidance to probation areas. The draft removes this guidance and
expectations are made explicit. This is particularly apparent in the distinction made between punitive, restrictive and
rehabilitative requirements. The language used refers consistently to offender managers and not supervising officer as in
the current standards. The section on allocation distinguishes between the different tiers of offender manager with quicker
allocation required for more serious cases.

The contact levels within the new National Standards reflect the seriousness of the risk presented by the offender - both
of harm and the likelihood of re-offending. Whilst all offenders in tiers 2,3 and 4 will be seen by the offender manager at
least weekly for the first sixteen weeks, those offenders on more than one requirement will be seen more frequently. The
new National Standards for the Drug Rehabilitation Requirement (DRR) are no less restrictive than those for Drug
Treatment and Testing Orders (DTTOs). At the sixteen-week stage the case will be reviewed using OASys and the level
of contact will be set taking into account the level of risk posed by the offender and their needs. This will mean that during
the initial period of supervision contact will be more than at present; the current standards require weekly contact for the
first thirteen weeks. However, the use of OASys will ensure that decisions on contact levels are based on systematic
review and defensible decision-making.

PC07/2005 – Draft National Standards 2005 for Consultation 2


Public Draft v 1.1
National Standards 2005
Draft author: Ben Emm, Asst. Chief Officer, Sussex Probation Area, on behalf of NPD

Key:

Text Material differences in wording/titling from National Standards 2002 to National Standards 2005 (plus new text)

Text The mapping reference to National Standards 2002

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At a glance – the mapping between National Standards 02 and National Standards 05

02 Reference GS 05 Reference SS 05 Reference Retained Amended Deleted Notes


A1 GS1 SS1.1-1.3 Y Y Now: Features, Purpose, Applicability
A2 GS1 SS1.4 Y Y Now: Expectations of Boards
A3 GS9 SS9.14 Y -
A4 GS1 SS1.4 Y Y Now: Expectations of Boards
A5 - - Y All parts needs to become guidance
B1 - - Y All parts needs to become guidance
B2 GS2 SS2.1-2.2 Y Y Some parts need to become guidance
B3 GS2 SS2.3 Y -
B4 GS2 SS2.4 Y -
B5 GS2 SS2.5-2.9, SS2.12 Y Y Some parts need to become guidance
B6 - - Y All parts needs to become guidance
B7 - - Y All parts needs to become guidance
B8 - - Y All parts needs to become guidance
B9 GS2 SS2.9 Y Y Some parts need to become guidance
B10 GS2 SS2.10-2.11 Y Y Some parts need to become guidance
B11 GS2 SS2.13 Y Y Some parts need to become guidance
C1 GS3 SS3.3 Y Y Some parts need to become guidance
C2 GS6 SS6.1-6.2 Y Y -
C3 GS11 SS11.1-11.6 Y Y Some parts need to become guidance
C4 - - Y All parts needs to become guidance
C5 GS5 SS5.5 Y Y Some parts need to become guidance
C6 GS5 SS5.9-5.11 Y Y Some parts need to become guidance
C7 - - Y Should be in CJ Act 2003
C8 GS5 SS5.6 Y Y Some parts need to become guidance
C9 GS5 SS5.1, SS5.3 Y Y Some parts need to become guidance
C10 GS5 SS5.3 Y Y Some parts need to become guidance
C11 GS5/GS10 SS5.7, SS10.1 Y Y Some parts need to become guidance
C12 GS10 SS10.3-10.4 Y Y -
D1 - - All parts needs to become guidance
D2 GS5 SS5.8 Y Y See footnote 2 to SS5.8
D3 GS6 SS6.3 Y Y -
D4 - - Y All parts needs to become guidance
D5 GS4 SS4.3 Y -
D6 GS4 SS4.9 Y -
D7 GS4 SS4.2 Y Y -
D8 GS4 SS4.6 Y -
D9 GS4 SS4.4-4.10 Y Y Detail inserted into a footnote
D10 GS5 SS5.1 Y Y Some parts need to become guidance
D11 GS5 SS5.8 Y Y See footnote 1 to SS5.8
D12 - - Y New approach taken
D13 GS5/GS6 SS5.8, SS6.4 Y Y -
D14 GS4 SS4.8 Y Y -
D15 - - Y New approach taken
D16 GS6 SS5.6, SS6.6-6.11 Y Y -
D17 - - Y All parts needs to become guidance
D18 GS6 SS6.12 Y Y Some parts need to become guidance
D19 - - Y -
D20 - - Y -
D21 GS9 SS9.1-9.7,9.14-15 Y Y -
D22 GS9 SS9.8 Y Y -
D23 GS9 SS9.9 Y Y -
D24 GS9 - Y -
D25 GS9 SS9.10-9.13 Y Y Some parts need to become guidance
E1 - - Y All parts needs to become guidance
E2 - - Y All parts needs to become guidance
E3 GS8 SS8.10 Y Y Some parts needs to become guidance
E4 - - Y -
E5 GS8 SS8.16 Y Y Some parts need to become guidance
E6 GS8 SS4.2,SS8.10-8.11 Y Y Some parts need to become guidance
E7 GS8 SS8.12-8.13 Y Y Some parts need to become guidance
E8 GS8 SS8.16 Y Y Some parts need to become guidance
E9 GS8/GS9 SS8.14, SS9.1 Y Y Some parts need to become guidance
E10 - - Y All parts needs to become guidance
E11 - - Y All parts needs to become guidance
F1 - - Y Some parts need to become guidance

2
F2 - - Y
F3 G12 SS12.4 Y Y Some parts need to become guidance
F4 G12 SS12.1-12.3 Y Y Some parts need to become guidance
F5 - - Y -
F6 G12 SS12.1-12.3 Y Y -
F7 G12 SS12.1-12.3 Y Y Some parts need to become guidance
F8 G12 SS12.5 Y Y Some parts need to become guidance
F9 - - Y All parts need to become guidance
F10 G12 SS12.6 Y Y -
F11 G12 SS12.7 Y Y -
F12 G12 SS12.8 Y Y -
F13 G7 SS7.6 Y Y -

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National Standards 2005: Overview of minimum required actions

Tier Allocation First Contact Sentence Plan OM Contacts Enforcement Reviews


4 Within 1 working Before leaving Within 5 working (i) At least 1 per week Within 10 • By 16 weeks
day Court or as soon days for the first 16 weeks, working days or • At completion of each requirement
as possible unless weekly sooner • At termination
Page 9 thereafter, within Page 12 requirement contacts Pages 19-20 Page 21
3 Within 1 working 5 working days Within 10 working have been arranged Within 10 • By 16 weeks
days days during that period; working days • At completion of each requirement
• At termination
Page 9 Page 10 Page 12 (ii) contact thereafter Pages 19-20 Page 21
2 Within 3 working Before leaving Within 15 working to be defined Within 10 • By 16 weeks
days Court or within 5 days following an OASys working days • At completion of each requirement
working days review, with minimum • At termination
of 1 contact every 4
weeks for the
remainder of the
order
Page 9 Page 12 Page 13 Pages 19-20 Page 21
1 Within 3 working Within 15 working At least 2 during the Within 10 • By 16 weeks
days days sentence plus the working days • At termination
requirement contacts
Page 9 Page 10 Page 12 Page 13 Pages 19-20 Page 21

Requirement Start Contacts Pages


Custody – imprisonment Immediate Not specified 14
Custody - licence Day of release 1 contact within 3 working days of release 14
Unpaid work Within 10 working days At least 6 hours per week 14-15
Residence requirement Immediate N/A 16
Prohibited activity requirement Immediate N/A 16
Exclusion requirement Immediate N/A 16
Curfew requirement Immediate N/A 16
Attendance centre requirement Within 5 working days Fortnightly, to a max of 3 hours per day 16
Supervision requirement Within 15 working days At least 1 contact per week for first 16 weeks 17
Specified activity requirement Within 15 working days At least 3 contacts in the first four weeks 17
Programme requirement No later than 6 weeks after sentence As specified by the programme 17
Drug Rehabilitation requirement Within 2 working days At least 3 contacts per week in total for first 16 wks 17-18
Alcohol treatment requirement Dependent on availability As specified by offender manager 18
Mental health treatment requirement Dependent on availability As specified by offender manager 18

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FEATURES, PURPOSE, APPLICABILITY & EXPECTATIONS
GS1 The Probation Service shall operate to at least the
minimum National Standards for service delivery, noting
the features, purpose and applicability of the Standards
and the expectations placed upon Probation Boards.

SS1.1 Features of the National Standards (A1)

The National Standards 2005:

• are issued by the Secretary of State for the Home Department. They replace
those issued in 2002, and apply to all probation areas in England and Wales.
(Offenders under supervision prior to the issuing of these standards must not be
subject to any greater degree of restriction or punishment during the transitional
period);

• are expressed in measurable terms as general standards (GS) and specific


standards (SS) which are in the control of probation area managers and staff, for
which they must be held to account;

• are predicated on the principle that the Probation Service, and organisations
acting on its behalf, will operate fairly and consistently to all offenders and avoid
inappropriate discrimination or disadvantage on grounds of race, nationality,
ethnic origin, sex, age, disability, religion, sexual orientation, literacy, language
or any other improper ground.

SS1.2 Purpose of the National Standards (A1)

The National Standards 2005:

• set the minimum standards to which Local Probation Boards should ensure
offenders are managed and services are provided with regard to the following
purposes: the punishment of offenders, the reduction of crime, the reform and
rehabilitation of offenders, the protection of the public, and the making of
reparation by offenders to persons affected by their offences;

• inform offenders what is expected of them and the action that will be taken if they
fail to comply;

• reflect the intention that there should be effective joint working between the
Prison Service and National Probation Service in order to realize the aims of the
National Offender Management Service. The Standards deal with areas of joint
work with the Prison Service, which are also covered by Prison Service
Standards;

• provide the basis against which Her Majesty’s Inspectorate of Probation will
evaluate areas’ performance.

SS1.3 Applicability of the National Standards (A1)

The National Standards 2005 apply to the management by the Probation Service of
all offenders sentenced under the Criminal Justice Act 2003 and who are aged 18
years or over, and those aged 16 and 17 who are on adult orders. (Those on juvenile
orders will be managed according to the standards published by the Youth Justice
th
Board). Any offender sentenced for offences committed before 4 April 2005 will
continue to be managed in accordance with the National Standards issued in 2002.
However, from 4th April 2005, the enforcement standards contained within National
Standards 2005 will apply to all offenders and replace those issued in 2002.

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SS1.4 Expectation of Probation Boards (A2, A4)

The National Standards 2005:

• require areas to implement any quality or performance standards or guidance


issued by the National Probation Directorate to inform the National Standards;

• require areas to take all reasonable steps to ensure that offenders are managed
in accordance with the principles of effective practice;

• require areas to work effectively with other agencies, particularly the courts,
police and the Prison Service, as part of the wider criminal justice system. This
will require protocols to be established and reviewed;

• require areas to monitor regularly their performance both against these


Standards and against the outcomes of their work, and to take action when
necessary to improve performance;

• require areas to make appropriate use of nationally agreed assessment tools;

• require areas to respond fully and promptly to the Home Office’s requests for
information and statistical returns;

• require areas to draw up contracts for their partnerships, contracted services and
jointly commissioned services that provide for those partners to operate in
accordance with these Standards;

• require full and accurate records to be kept on designated computer systems;

• require that the Standards be adhered to in all but exceptional individual


circumstances and that any decision to depart from them be endorsed by the
designated line manager on the offender’s record, giving full reasons;

• require that when an offender changes address into a different probation area,
the area with responsibility for the order or the licence has the responsibility to
ensure that continuity of contact is maintained in keeping with these Standards;

• require areas to ensure that they have a strategy to inform and gain the
confidence of sentencers, the general public and minority communities about
their work and the services they provide;

• require areas to have comprehensive local protocols, policies and guidance to


ensure that directions set by relevant legislation, these Standards, probation
circulars and HMIP findings are implemented.

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ASSESSMENT OF OFFENDERS BEFORE SENTENCE
GS2 Where a Court requests a report from the Probation Service
prior to sentencing, an appropriate assessment will be
made of the offender’s risk of harm and the likelihood of re-
offending, in order to inform the Court of a clear and
realistic recommendation for sentence or remand.
Bail Information
SS2.1 Bail information reports shall: (B2)

• be written, objective, factual and impartial;


• if made orally when a written report cannot be prepared in time, be written up as
soon as possible thereafter;
• satisfy the content, style and quality requirements defined in guidance by the
National Probation Directorate;
• be targeted in accordance with the National Probation Directorate guidance.

SS2.2 In cases where risk of serious harm to the public is apparent, bail information reports
shall be copied to the police, social services or health authority as appropriate. (B2)

SS2.3 In cases where the defendant is subsequently remanded in custody, bail information
reports shall be copied, together with any other supporting documentation to the
receiving prison. (B3)

SS2.4 Where a pre-sentence report is ordered following conviction or at the point of


committal or allocation to Crown Court, a copy of the bail information report, if
available, should be passed to the offender manager charged with preparing the
report. (B4)

Pre sentence reports


SS2.5 Offenders shall be offered at least one face-to-face interview (which can be made via
a video link where this is available and appropriate) in order to inform the report. (B5)

SS2.6 In all cases in which a report is requested, the Probation Service shall, as a
minimum:

• obtain an OGRS score, giving a calculation of likelihood of reconviction;


• complete the OASys (or other nationally approved) Risk of Harm screening tool;
• undertake an assessment of tiering in relation to the National Offender
Management Model.

SS2.7 Unless the Court directs otherwise, a full OASys assessment does not need to be
completed if each of the following conditions are met:

• the risk of harm screening shows that a full risk of harm analysis is not required;
• an OGRS score has been obtained

SS2.8 Unless the Court directs otherwise, a full OASys assessment shall be completed if
any of the following conditions are met:

• the risk of harm screening shows that a full risk of harm analysis is required;
• an OGRS score has been obtained that shows a significant risk of reoffending;
• the court has adjourned for a full assessment because of the seriousness of the
offence;
• the offender is a locally defined prolific or other priority offender.
SS2.9 Reports to inform sentencing shall: (B5, B9)

• be based on an appropriate assessment of the offender’s risk of harm to the


public, the likelihood of re-offending, any additional specialist assessments

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required and any risks of self-harm;
• be objective, impartial, free from discriminatory language and stereotype,
balanced, verified and factually accurate;
• satisfy the content, style and quality requirements defined in guidance by the
National Probation Directorate;
• be completed using nationally approved report formats;
• be written, and a copy provided to the court, the defence, the defendant and
(where required by section 156 of the Powers of Criminal Courts (Sentencing)
Act 2000) the prosecution.

SS2.10 Reports shall make a clear proposal for sentence, including for custody where this is
necessary, taking into account the seriousness of the offence, and be punitive,
restrictive and/or rehabilatative as appropriate. (B10)

SS2.11 Reports shall make clear, in an outline sentence plan, what requirements are
envisaged, including outline timescales, and how the sentence is likely to be
implemented, including any plans for sequencing interventions. (B10)

SS2.12 Reports shall be prepared within the timescale set by the commissioning court. (B5)

SS2.13 Where it has not been possible to complete a report for the court, for whatever
reason, including non-attendance by the offender at interview, the report writer shall
submit written notice to the court giving reasons why the report has not been
completed. (B11)

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ALLOCATION OF THE CASE
Applicability
GS3 Sentenced cases should be allocated to a responsible Community Order ●
offender manager as soon as practicable after sentence. SSO ●
Intermittent Custody ●
Custody Plus ●
Custody >12 months ●
EPP ●
IPP ●
SS3.1 During the report preparation stage, or following sentence, each case shall be
assigned to a tier within the National Offender Management Model, be recorded as
such and shall be allocated to an appropriate offender manager. The tiering decision
shall be based on an OASys assessment where available. For offenders sentenced
to custody allocation should be made within five working days of sentence.

SS3.2 Probation Areas shall ensure that:

• Tier 4 & Tier 3 cases are normally allocated before sentence and within one
working day of sentence

• Tier 2 & Tier 1 cases are allocated within a maximum of 3 working days after
sentence

SS3.3 Following sentence the designated offender manager shall review any current
assessments completed at the pre-sentence stage (where available). All cases
designated at Tier 2 and above, with the exception of “stand alone unpaid work
requirements “ should have a full OASys assessment before the sentence plan is
produced. (C1)

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COMMENCEMENT OF THE SENTENCE
Applicability
GS4 Offender managers shall commence the sentence promptly Community Order ●
and induct the offender into the requirements of the SSO ●
sentence and the expectations being placed upon them. Intermittent Custody
Custody Plus


Custody >12 months ●
EPP ●
IPP ●
Arrangements following sentence
SS4.1 The date of the first appointment with the offender manager for those on community-
based sentences should be arranged with the offender before the offender leaves
court, but where this is not possible, within 1 working day of the sentence being
made.

SS4.2 The first appointment should be arranged to take place within a maximum of 5
working days of the sentence being made but should be sooner for: (D7, E6)

• offenders who clearly pose a high risk of harm to the public;

• offenders who already clearly assigned to Tiers 3 and 4 of the National Offender
Management Model;

• offenders whose sentence includes a drug rehabilitation requirement, where the


first contact shall take place within one working day of sentence (which can
include contact at court).

SS4.3 If an offender has spent sufficient time on remand to be released on licence direct
from the court and no offender manager has been appointed, the court duty officer
shall give the managing probation area as much detail as possible about the offender
and the release address, and arrange for the licence to be served. (D5)

Provision of information for the offender


At the earliest possible opportunity following commencement of a community based
sentence, which shall normally be at court, the Probation Service shall ensure that:
(D9)

SS4.4 • offenders are provided with appropriate information about the requirements of
their sentence, what is expected of them1 and what they can expect from the
probation area;

SS4.5 • offenders are informed that failure to comply with the requirements of their
sentence may result in enforcement action;

SS4.6 • offenders are informed that even if they are appealing against their sentence, all
requirements of their sentence shall apply until notified otherwise. (D8)

For offenders released on licence, the Probation Service shall ensure that:

SS4.7 • offenders indicate that they have received and understood appropriate
information about its requirements;

SS4.8 • offenders are reminded that the period of post-release forms part of the original
sentence. (D14)

SS4.9 • the Police shall be given release, licence and address information as soon as
practicable in accordance with the national protocol. (D6)

SS4.10 At induction with an offender manager, or as soon as possible thereafter, offenders


shall sign their order and indicate that they have received and understood
appropriate information about its requirements.

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Notes 1 To include standards of behaviour that prohibit further offending; violent or aggressive behaviour or threats of violence; other
conduct or language that might reasonably give offence to probation staff, other offenders or members of the public; other willful
or persistent non co-operation or behaviour designed to frustrate the purpose of the offender’s or others’ sentence.

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SENTENCE PLANNING
Applicability
GS5 A plan for how the sentence will be implemented and who Community Order ●
will be required to implement it shall be produced as soon SSO ●
as is feasible. Intermittent Custody
Custody Plus


Custody >12 months ●
EPP ●
IPP ●
Producing the sentence plan
SS5.1 A sentence plan shall satisfy the purpose, content, style and quality requirements
defined in guidance by the National Probation Directorate but, as a minimum, shall
always indicate: (C9)

• the proposed sequence, timing and contact levels of each requirement;

• who will deliver the interventions;

• how any risk of harm posed by the offender will be managed (including any cross
references to a risk management plan);

• that all arranged contacts are enforceable. (D10)

SS5.2 Sentence plans shall aim to sequence interventions such that punitive and restrictive
1
requirements are commenced as soon as possible after sentence. Rehabilatative
requirements1 shall be scheduled for implementation either to follow, or in parallel
with punitive and restrictive requirements, providing that appropriate actions are
contained within the plan to remove obstacles to the offender learning from the
rehabilatative requirement.
2
SS5.3 All offenders at Tier 2 and above of the National Offender Management Model shall
have a written sentence plan, completed by an appropriate offender manager using
OASys. Usually, this will have been completed, at least in outline, as part of the
report production process for court, but in all instances, a sentence plan must either
be completed or updated within the following minimum timescales following either
sentence or release or licence: (C9, C10)

• Tier 4 cases within a maximum of 5 working days of sentence

• Tier 3 cases within a maximum of 15 working days of sentence

• Tier 2 cases within a maximum of 15 working days of sentence

SS5.4 For Tier 1 cases, there shall be a sentence plan, not necessarily using OASys,
completed within a maximum of 15 working days of sentence.

SS5.5 For those sentenced to custody, but who will be released to management by the
Probation Service, the offender manager shall produce the sentence plan in
conjunction with the prison service staff in order to ensure effective resettlement and
continue rehabilitative work started in prison (C5)

SS5.6 Where practicable, sentence plans shall be arranged so as not to prevent the
offender from being readily available to seek or take up employment if unemployed,
nor conflict with an offender’s entitlement to benefit, nor disrupt the working hours of
an employed person, or the education of an offender in full-time education and to
take account of religious and cultural requirements. (C8, D16)

SS5.7 Upon completion, or amendment, the sentence plan shall be copied, within one
working day, to any person or agency involved in delivering the interventions. At or by
the time of the next contact, it shall also be copied to the offender, who must be
aware of the aims of the plan and have been involved in its formulation. (C11)
1 This will be a short explanation of punitive, restrictive and rehabilatative
2 This will be a short explanation off tiers within the NOMM

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Minimum levels of contact
SS5.8 The sentence plan shall define the following minimum contact levels with the Edit
appropriate offender manager. For Tier 3 and 4 cases, in addition to the contact
levels defined, the offender manager shall make a home visit within the first two
weeks of the sentence, if the risk of harm posed by the offender is identified as
1
medium, high or very high : (D13)

• Tier 4, 3 and 2 cases: at least 1 contact shall be arranged per week for the first
16 weeks, unless weekly requirement contacts have been arranged during that
period; contact levels thereafter shall be defined by the offender manager
following an OASys review, but there should be a minimum of 1 contact every 4
weeks for the remainder of the order;2

• Tier 1 cases: at least 2 contacts shall be arranged during the sentence, in


2
addition to any requirement contacts.

Further assessments during the course of the sentence


The probation service shall undertake any further assessments deemed necessary
during the course of the sentence, and in particular, shall: (C6)

SS5.9 • for Release on Temporary Licence provide information of relevance to the


initial assessment and subsequent applications for resettlement licence, where
given at least four weeks notice;

SS5.10 • contact the release address after the first overnight release and provide the
prison with an assessment of that release;

SS5.11 • for Home Detention Curfew provide an assessment of the suitability of the
home address and any comments on the suitability of the offender within 10
working days of receipt of the request;

Notes 1. Where an offender has been remanded in custody for another offence whilst serving a community sentence or licence the
standards for arranging contact for the community order or licence will not apply for the time that the offender is in
custody. They will be reinstated when the offender leaves custody if the court has not revoked the community order. The
standards for arranging contact will also not apply where there is clear medical certification that the offender’s long term
sickness would make their application impractical for a period. However, if the long term sickness is something that may
prevent the offender from carrying out a community punishment order, then application should be made to the court for
the sentence to be revoked and replaced with something more suitable to the offender’s circumstances. (D11)
2. In all instances, these are the minimum contact standard and offender managers should use their judgement to exceed
them if necessary in order to better manage the risk of harm or the likelihood of re-offending posed by the offender. (D2)

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IMPLEMENTING THE SENTENCE: PUNITIVE REQUIREMENTS
Applicability
GS6 The implementation of the punitive requirements of the Sentences
sentence shall be prioritised. Community Order ●
SSO ●
Intermittent Custody ●
Custody Plus ●
Custody >12 months ●
EPP ●
IPP ●
Custodial sentences
Offenders sentenced to custody
SS6.1 Probation Areas shall ensure that following sentence at court, any information
suggesting a high risk of harm to others, including staff, or of self-harm is made
available to the receiving prison on the same day. (C2)

SS6.2 Where prepared, an up to date OASys assessment, the report to the court and a post
sentence interview report should be made available to the receiving prison within 2
days of sentence. (C2)

SS6.3 The levels and nature of contact between prisoners, prison staff and the offender
manager are a matter of judgement but should be sufficient during the pre-release
stage to support the successful resettlement and rehabilitation of the offender in
accordance with the sentence plan. (D3)

Offenders released on licence


SS6.4 The first appointment with the offender after release shall be arranged to occur on the
day of release or, if not practicable, on the next working day. (D13)

SS6.5 A further appointment shall be arranged for within three working days of release, to
monitor the offender’s progress and complete any additional assessments needed to
implement the requirements of the licence in accordance with the sentence plan.

Unpaid work requirement


Arranging work sessions
SS6.6 The first work session shall be arranged to take place within 10 working days of the
sentence requirement being made or the period of release on licence commencing.
(D16)
th
SS6.7 Offenders shall be offered a minimum average of 6 hours per week from the 10
working day after the date of sentence, the date of release on licence, or from the
first work session that took place, whichever is the earlier, until the end of the
requirement, excluding if relevant: (D16)

• any week the offender is in custody;


• any periods of medically certified sickness of more than 2 consecutive weeks;
• any weeks where breach or appeal action is underway and where it has been
decided (and appropriately recorded) that work should no longer be arranged
because the offender is completely uncooperative or disruptive, or where further
work would serve no useful purpose and such a decision has been recorded and
endorsed by a line manager;
• any weeks (up to a maximum of two) when the community punishment operation
is closed down e.g. because of end-year public holidays.

SS6.8 Work sessions shall be arranged so as not to prevent the offender from being readily
available to seek or take up employment if unemployed, nor conflict with an
offender’s entitlement to benefit, nor disrupt the working hours of an employed
person, or the education of an offender in full-time education, and to take account of
religious and cultural requirements. (D16)

14
Recording the hours worked
SS6.9 All offenders shall be given a weekly record detailing: (D16)
• the hours worked during a week;
• an indication of whether that work and the offender’s conduct were satisfactory;
• the total hours worked under the requirement thus far;
• the hours remaining to be worked.

SS6.10 The hours worked by an offender shall include: (D16)

• any travel time in excess of half an hour each way, subject to an overall limit of
10 per cent of the hours prescribed;
• up to half an hour where a work session spans lunchtime and the offender is
required to remain on site, providing that the offender remains under the
management of the officer throughout; and except where the officer requires the
offender to remain, in which case time credited must not exceed more than half
an hour a day;
• an allowance for completing basic literacy or other work necessary to enable the
offender to gain maximum benefit from the sentence, or to provide qualifications
directly related to work undertaken as part of the sentence, provided the total
does not exceed 10 per cent of the prescribed hours.

SS6.11 The hours worked by an offender shall exclude any time during which bad weather
prevents the performance of work. (D16)

Suitability of the work


SS6.12 Probation Areas shall select suitable work placements that meet the quality and
content requirements set by the National Probation Directorate. Such placements
shall not replace work that would normally be done by paid employees. (D18)

Curfew requirement
SS6.13 The Probation Service shall instruct the offender at Court or upon release what the
requirement means and that this requirement commences with at the time stated in
the requirement. The offender shall sign their order to indicate understanding.

15
IMPLEMENTING THE SENTENCE: RESTRICTIVE REQUIREMENTS
Applicability
GS7 The implementation of the restrictive requirements of the Community Order ●
sentence shall be prioritised. SSO ●
Intermittent Custody ●
Custody Plus ●
Custody >12 months ●
EPP ●
IPP ●
Residence requirement
SS7.1 The Probation Service shall have advised the court of suitable approved premises,
hostel or institution if requested to do so, confirmed immediate availability and shall
instruct the offender at Court what the requirement means and that this requirement
commences with immediate effect following sentence or release.

Prohibited activity requirement


SS7.2 The Probation Service shall instruct the offender at Court or upon release what the
requirement means and that this requirement commences with immediate effect
following sentence or release.

Exclusion requirement
SS7.3 The Probation Service shall instruct the offender at Court or upon release what the
requirement means and that this requirement commences at the time stated in the
requirement

Attendance Centre requirement


SS7.4 The Probation Service shall instruct the offender at Court or upon release what the
requirement means and that this requirement will commence as soon as possible
after sentence, in agreement with the operator of the Attendance Centre.

SS7.5 With the agreement of the operator of the Attendance Centre, offenders shall be
instructed to attend fortnightly following commencement, for a maximum of three
hours per day.

Electronic Monitoring
SS7.6 Where electronic monitoring has been imposed in addition to any other requirement,
Probation Service staff shall instruct the offender at Court or upon release what the
requirement means and that this requirement will commence with at the time stated
in the requirement. (F13)

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IMPLEMENTING THE SENTENCE: REHABILATATIVE REQUIREMENTS
Applicability
GS8 The implementation of the rehabilatative requirements of Sentences
the sentence shall commence as soon as possible Community Order ●
SSO ●
following sentence, having regard to the need to integrate Intermittent Custody ●
with the punitive and restrictive elements. Custody Plus ●
Custody >12 months ●
EPP ●
IPP ●
Supervision requirement
SS8.1 Supervision with an appropriate offender manager shall commence within 15 working
days of sentence or release on licence. However, the offender manager, having
regard to the sequencing of requirements and in particular, the need to remove
obstacles to an offender’s ability to benefit from or contribute to the requirement, may
indicate a later commencement date in the sentence plan and make this known to
the Court.

SS8.2 Offenders shall be offered a minimum of one contact per week for sixteen weeks,
with contact levels thereafter to be defined by the offender manager following an
OASys review.

Specified Activity requirement


SS8.3 A specified activity shall usually commence within 15 working days of sentence or
release on licence, following further appropriate specialist assessments if required.
However, the offender manager, having regard to the sequencing of requirements
and in particular, the need to remove obstacles to an offender’s ability to benefit from
or contribute to the activity, may indicate a later commencement date in the sentence
plan and make this known to the Court.

SS8.4 Offenders shall be offered a minimum of three contacts in the first four weeks of the
intervention. Contact levels thereafter shall be defined by the offender manager.

SS8.5 Specified activities shall be delivered in accordance with any content and quality
requirements defined by the National Probation Directorate.

Programme requirement
SS8.6 An accredited programme shall commence as soon as possible, and no later than 6
weeks after sentence or release on licence. Commencement shall follow further
appropriate specialist assessments if required and shall follow or be in conjunction
with actions designed to remove obstacles to an offender’s ability to benefit from the
programme, which shall be recorded in the sentence plan. A start is defined as
attendance at session 1 of the core programme.

SS8.7 Offenders shall be instructed to attend for the number of sessions required by the
programme.

SS8.8 Programmes shall be delivered in accordance with any content and quality
requirements defined by the National Probation Directorate, including the
administration and completion of any psychometric tests that are required.

SS8.9 The offender manager shall liaise with the programme provider at intervals defined by
the National Probation Directorate, depending on the type of programme, and shall
ensure that a report on the offender’s progress during the programme forms part of
the review following completion of the programme. Completion is defined as
undertaking the final session of the core programme.

Drug rehabilitation requirement


SS8.10 The Probation Service shall have advised the court of the availability of treatment and
the first contact with the treatment provider shall be arranged to take place within two

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working days of the sentence being made. In exceptional circumstances the
requirement should be started at a later date to remove obstacles to
completion but this must be made known to the court.
(E3 & E6)

SS8.11 Where a community order includes a DRR, the total contact from all requirements of
the community order should be at least 15 hours for those in the highest community
sentence band and 8 for those in the medium band. Community orders with a DRR at
the lowest level of the community sentence band will require a minimum of one
contact per week, but no minimum hours are specified.
. Contact levels thereafter shall be defined by the offender manager following an
OASys review. (E6)

Testing
SS8.12 Offenders must be tested (and the results recorded) at least twice per week during
the first sixteen weeks of the requirement, which shall be reduced to once per week
thereafter if the offender manger evidences that sufficient progress has been made.
(E7)

SS8.13 Offenders who have admitted drug use in advance of a test must be offered a drug
test no less than the minimum number of occasions specified in the order and be
asked to sign a form, along with the person(s) over-seeing the testing, which must
have been explained to them and which must include:

• the date and time of the appointment and a record of those present;
• that they admit using a specified drug(s) since their last test or since sentence;
• that they have been offered a test but have declined it in the light of their
admission;
• that the form may be placed before the court responsible for the order as
evidence of drug use;

They must also provide a sample in every instance where they have refused to sign
the form, even if an oral admission has been made, and provide a sample if asked to
do so by probation staff or the treatment provider, even if prepared to make a signed
admission of drug use. The reasons why they have been requested to provide a
sample shall be explained to them beforehand. (E7)

SS8.14 Failure to provide a sample shall be interpreted as an unacceptable failure to comply


with the requirement. (E9)

SS8.15 Treatment and testing provided under the sentence shall be delivered in accordance
with the quality requirements defined by the National Probation Directorate.

Court Reviews
SS8.16 In addition to the sentence review arrangements defined by the National Standards,
the offender manager shall produce for the court a written progress report every four
weeks, for the first 16 weeks of the requirement, and every 16 weeks thereafter,
which includes test results, on the progress and compliance of an offender sentenced
to a drug rehabilitation requirement of 12 months or more, and if requested by the
court, on a drug rehabilitation requirement of less than 12 months. (E5, E8)

Alcohol treatment requirement


SS8.17 Attendance on an alcohol treatment intervention shall commence within the
timescales indicated to the court at the time of sentence, which will depend upon
availability of the intervention, and following further appropriate specialist
assessments if required.

SS8.18 Offenders shall be instructed to attend in accordance with the treatment schedule
devised.

Mental health treatment requirement


SS8.19 Attendance on a mental health treatment intervention shall commence within the
timescales indicated to the court at the time of sentence, which will depend upon

18
availability of the intervention, and following further appropriate specialist
assessments if required.

SS8.20 Offenders shall be instructed to attend in accordance with the treatment schedule
devised.

19
ENFORCING THE SENTENCE
Applicability
GS9 Where the offender fails to comply with the sentence, the Community Order ●
offender manager shall take steps to promptly enforce the SSO ●
requirements of the sentence. Intermittent Custody
Custody Plus


Custody >12 months ●
EPP ●
IPP ●
Actions required following a failure to comply
SS9.1 For all offenders any failure to attend an appointment or any other failure to comply
with any other requirement of a sentence, should be deemed unacceptable unless
the offender provides an acceptable explanation. A failure to comply shall be
considered as an unacceptable failure to comply only once in respect of any one day,
regardless of the number of contacts arranged for that day, and an unacceptable
failure to comply in relation any requirement shall count as one failure to comply with
the whole sentence. (D21, E9)

SS9.2 Where no explanation is provided within two working days of the apparent failure, the
offender manager shall send a letter to the offender warning him that if no acceptable
explanation is received within a further five working days of the date of the letter the
failure will be deemed unacceptable and any further failure could lead to breach
action. (D21)

SS9.3 If the offender provides an acceptable explanation within the above timescale, the
offender manager shall rescind the warning and ensure that the fact that the warning
has been withdrawn is properly recorded on the offender’s record. (D21)

SS9.4 If the explanation is unacceptable the offender manager shall send a further letter
drawing the attention of the offender to the warning already issued. (D21)

SS9.5 The offender manager shall fully record every apparent failure within seven working
days of the failure, including whether or not any explanation was given by the
offender, and if so what that explanation was and whether or not it was acceptable.
(D21)

SS9.6 If the explanation is not considered acceptable or no explanation is given within


seven working days of the failure, the offender manager shall record the incident as
an unacceptable failure to comply. (D21)

SS9.7 The offender manager shall place copies of any written warning on the offender’s
case record along with a note of the offender’s comment on the warning. (D21)

Taking breach action


SS9.8 For all offenders, breach action may be taken after one unacceptable failure to
comply, where appropriate. (D22, E9)

SS9.9 For offenders on community sentences, the offender manager shall give only one
warning in any 12 month period of a sentence before commencing breach action.
(D23)

SS9.10 For offenders released on licence, where breach action is not taken after one
unacceptable failure to comply, the offender manager shall give the offender a formal
written warning of the consequences of further failure. (D25)

SS9.11 For offenders released on licence, where it is proposed not to take breach/recall
action after a second unacceptable failure to comply, an officer of at least Assistant
Chief Officer level, or equivalent grade, shall confirm this course of action and give
the offender a formal written warning. (D25)

SS9.12 For offenders released on licence, no more than two written warnings shall be given
within the total sentence period before commencing breach action. (D25)

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SS9.13 For offenders released on licence, the offender manager shall commence
breach/recall action no later than the third unacceptable failure to comply. The
offender manager is required to provide a new risk assessment to the Early Release
and Recall Section within 14 working days of recall. (D25)

SS9.14 Where breach proceedings are required, the offender manager shall instigate these
proceedings within 10 working days of the relevant failure to comply, or sooner if the
offender poses a risk of harm to the public. (D21)

SS9.15 The offender shall normally be offered further contacts in relation to the sentence
requirements pending breach unless it is clear that the offender is completely
uncooperative or disruptive, has a warrant outstanding, or that for other similar
reasons offering further appointments or work would serve no useful purpose and
such a decision has been recorded and endorsed by the designated line manager.
(D21)

SS9.16 When a current offender is charged with a serious offence this must be reported to
the National Probation Directorate in the manner prescribed. (A3)

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MONITORING, REVIEW & EVALUATION
Applicability
GS10 The offender manager shall monitor the delivery of the Community Order ●
sentence plan, review progress against the plan, revise the SSO ●
plan as necessary and, at the end of the sentence, evaluate Intermittent Custody
Custody Plus


the extent to which the plan achieved its objectives. Custody >12 months ●
EPP ●
IPP ●
Monitoring, Review & Evaluation
SS10.1 A formal review of progress against the sentence plan, incorporating any necessary
amendment to planned objectives, and using and re-scoring OASys (or any other
nationally approved assessment system), subject to it having being used at or prior to
commencement, shall be completed and recorded by an offender manager no later
than 16 weeks after the date of commencement of either a community sentence or a
licence. (C11)

SS10.2 For all cases at Tier 2 and above of the National Offender Management Model, a
further review, using OASys and other appropriate assessment tools, shall be
completed and recorded by the offender manager at the conclusion of each planned
requirement within the sentence, or more frequently if required to monitor risk.

SS10.3 There shall be a final review of the sentence plan, using and re-scoring OASys at the
termination of all requirements of the sentence, which shall involve the offender,
where possible, to evaluate achievement of the sentence plan. This shall be copied
to the offender, where possible. (C12)

SS10.4 When required, feedback information on resettlement shall be provided to the Prison
Service at the end of the licence period. (C12)

SS 10.5 Early revocation should be kept under consideration throughout the sentence where
it seems likely to motivate offender compliance. The supervising officer should
consider carefully the behaviour of the offender and their response to supervision. An
application should only be made if:
• the offender has demonstrated sustained compliance with the requirements of
the order
• the offender has completed any requirements in the order such as attendance at
an accredited programme
• the needs identified in the original OASys assessment have been generally met
• the offender does not present a risk of serious harm to the community
• there has been a reduction in the likelihood of further offending

22
WORKING WITH VICTIMS
Applicability
GS11 Victims, or their families, in cases involving a serious Community Order
sexual or violent offence, which leads to a custodial SSO
sentence of 12 months or more, will be offered contact with Intermittent Custody
Custody Plus
the Probation Service.1 (C3) Custody >12 months ●
EPP ●
IPP ●
Contact arrangements
SS11.1 A written offer of face to face contact between the victim (or their families) and local
probation area/victim contact unit, or its agent, shall be made within 40 working days
of sentence. (C3)

SS11.2 Information shall be provided to victims (or their families) about the criminal justice
process. (C3)

Offender release arrangements


SS11.3 Victims (or their families) shall have the opportunity to give their views on proposed
conditions surrounding the offender’s release. (C3)

SS11.4 Victims (or their families) shall be allowed to see any part of the parole report which
represents their views. (C3)

SS11.5 Victims (or their families) shall be informed of any conditions of release which relate
to contact with the victim. (C3)

Information management
SS11.6 Information relating to victims (or their families) shall be kept securely and separately
from the offender’s case record. (C3)

Notes 1 In accordance with Section 69, Criminal Justice & Court Services Act 2000 and PC62/2001

23
APPROVED PREMISES
Applicability
GS12 The Probation Service, or its contractor, shall operate, Community Order ●
where available, approved premises with the aim of SSO ●
protecting the public from offenders or bailees posing a Intermittent Custody
Custody Plus


high or very high risk of harm. Custody >12 months ●
EPP ●
IPP ●
Admission & arrival (F4, F6, F7)
SS12.1 Admission to approved premises shall be based on an assessment of the offender’s
risk of harm to the public, victim(s) and staff and will normally be reserved for those
offenders or bailees deemed to pose a high or very high risk of harm, based on a full
OASys assessment or a Risk of Harm screening.

SS12.2 Every new resident shall be interviewed upon arrival when the house rules will be
explained fully, and signed by the resident.

SS12.3 During the course of the induction interview, staff shall assess the likelihood of self-
harm by the new resident and ensure production of an appropriate management plan
for immediate effect. Where any risks are identified, an appropriate management plan
should also be prepared.

House rules (F3)


SS12.4 Approved premises shall have a set of local house rules covering, at the minimum:

• the consequences of a failure to comply with the rules or with the requirements
of the sentence;
• the consequences of theft of, or damage to, the property of the approved
premises, staff, electronic monitoring contractors or residents;
• the requirement to be in the approved premises between 23.00 and 06.00 unless
given express permission to the contrary;
• the requirement to pay promptly of the weekly charge;
• the prohibition of any conduct or language that reasonably give serious offence
to approved premises staff, other residents or members of the public;
• the prohibition of using alcohol, solvents and controlled drugs, other than on
prescription and following notification to approved premises staff;
• the power of staff to search the resident’s room and any possessions kept at the
approved premises.

Sentence or management plan (F8)


SS12.5 Within one working day of arrival, the offender manager shall ensure that the
supervisory staff are involved in, consulted, have access to and understand their part
in the sentence and risk management plans. For bailees, approved premises staff
shall produce a management plan within five working days.

Recording (F10)
SS12.6 Staff shall maintain a daily house record of any significant events that happen within
approved premises and cross reference events to individual offender records where
events involve individual residents.

Enforcement (F11, F12)


SS12.7 Approved premises staff shall:

• issue informal, recorded cautions for minor infringements of the house rules;
• notify the offender manager of failure by a resident to comply with any
requirements, including compliance with the house rules;
• notify the police immediately if any resident on bail either fails to arrive or any
resident commits a further offence.

24