DRAFT NATIONAL STANDARDS 2005 FOR CONSULTATION

PURPOSE
To provide areas with the first public draft of the new National Standards for the Supervision of Offenders 2005 for consultation.

Probation Circular
REFERENCE NO: 07/2005 ISSUE DATE: 20 January 2005 IMPLEMENTATION DATE: Immediate EXPIRY DATE: January 2006 TO: Chairs of Probation Boards Chief Officers of Probation Secretaries of Probation Boards CC: Board Treasurers Regional Managers AUTHORISED BY: Roger McGarva, Head of Regions & Performance Management ATTACHED: Annex A – Draft National Standards 2005

ACTION
Areas should consider the draft national standards and provide comments to the NPD by 15 February 2005. The timetable for consultation, final agreement and training on the new National Standards is very pressing and any replies received after that date will not be considered.

SUMMARY
The new National Standards have the following characteristics: • They are based on those issued in 2002 • 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 make them shorter with more explicit expectations of staff • They are based on the offender management model and will facilitate the transition in NOMS to a separation of offender management and interventions • The contact levels reflect the resources available to Probation Boards and therefore should be capable of being fully delivered At the close of the consultation period on 15 February, the standards will be resubmitted to Ministers for final approval with the aim of issuing them to areas on 1 March.

RELEVANT PREVIOUS PROBATION CIRCULARS
PC101/1999: National Standards for the Supervision of Offenders in the Community 2000 PC07/2002: Revised National Standards for the Supervision of Offenders in the Community.

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

1

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 A2 A3 A4 A5 B1 B2 B3 B4 B5 B6 B7 B8 B9 B10 B11 C1 C2 C3 C4 C5 C6 C7 C8 C9 C10 C11 C12 D1 D2 D3 D4 D5 D6 D7 D8 D9 D10 D11 D12 D13 D14 D15 D16 D17 D18 D19 D20 D21 D22 D23 D24 D25 E1 E2 E3 E4 E5 E6 E7 E8 E9 E10 E11 F1

GS1 GS1 GS9 GS1 GS2 GS2 GS2 GS2 GS2 GS2 GS2 GS3 GS6 GS11 GS5 GS5 GS5 GS5 GS5 GS5/GS10 GS10 GS5 GS6 GS4 GS4 GS4 GS4 GS4 GS5 GS5 GS5/GS6 GS4 GS6 GS6 GS9 GS9 GS9 GS9 GS9 GS8 GS8 GS8 GS8 GS8 GS8/GS9 -

SS1.1-1.3 SS1.4 SS9.14 SS1.4 SS2.1-2.2 SS2.3 SS2.4 SS2.5-2.9, SS2.12 SS2.9 SS2.10-2.11 SS2.13 SS3.3 SS6.1-6.2 SS11.1-11.6 SS5.5 SS5.9-5.11 SS5.6 SS5.1, SS5.3 SS5.3 SS5.7, SS10.1 SS10.3-10.4 SS5.8 SS6.3 SS4.3 SS4.9 SS4.2 SS4.6 SS4.4-4.10 SS5.1 SS5.8 SS5.8, SS6.4 SS4.8 SS5.6, SS6.6-6.11 SS6.12 SS9.1-9.7,9.14-15 SS9.8 SS9.9 SS9.10-9.13 SS8.10 SS8.16 SS4.2,SS8.10-8.11 SS8.12-8.13 SS8.16 SS8.14, SS9.1 -

Y Y Y Y

Y Y Y Y Y

Y Y Y Y

Y

Y Y Y Y

Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y

Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y

Y Y Y Y Y Y Y Y Y Y Y Y Y

Y Y Y Y

Y Y Y Y Y Y Y

Y Y Y Y Y Y

Y Y Y Y Y Y Y Y Y Y

Now: Features, Purpose, Applicability Now: Expectations of Boards Now: Expectations of Boards All parts needs to become guidance All parts needs to become guidance Some parts need to become guidance Some parts need to become guidance All parts needs to become guidance All parts needs to become guidance All parts needs to become guidance Some parts need to become guidance Some parts need to become guidance Some parts need to become guidance Some parts need to become guidance Some parts need to become guidance All parts needs to become guidance Some parts need to become guidance Some parts need to become guidance Should be in CJ Act 2003 Some parts need to become guidance Some parts need to become guidance Some parts need to become guidance Some parts need to become guidance All parts needs to become guidance See footnote 2 to SS5.8 All parts needs to become guidance Detail inserted into a footnote Some parts need to become guidance See footnote 1 to SS5.8 New approach taken New approach taken All parts needs to become guidance Some parts need to become guidance Some parts need to become guidance All parts needs to become guidance All parts needs to become guidance Some parts needs to become guidance Some parts need to become guidance Some parts need to become guidance Some parts need to become guidance Some parts need to become guidance Some parts need to become guidance All parts needs to become guidance All parts needs to become guidance Some parts need to become guidance
2

F2 F3 F4 F5 F6 F7 F8 F9 F10 F11 F12 F13

G12 G12 G12 G12 G12 G12 G12 G12 G7

SS12.4 SS12.1-12.3 SS12.1-12.3 SS12.1-12.3 SS12.5 SS12.6 SS12.7 SS12.8 SS7.6

Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Some parts need to become guidance Some parts need to become guidance Some parts need to become guidance Some parts need to become guidance All parts need to become guidance -

3

National Standards 2005: Overview of minimum required actions
Tier
4

Allocation
Within 1 working day
Page 9

First Contact
Before leaving Court or as soon as possible thereafter, within 5 working days

Sentence Plan
Within 5 working days
Page 12

OM Contacts
(i) At least 1 per week for the first 16 weeks, unless weekly requirement contacts have been arranged during that period; (ii) contact thereafter to be defined following an OASys review, with minimum of 1 contact every 4 weeks for the remainder of the order
Page 13

Enforcement
Within 10 working days or sooner
Pages 19-20

Reviews
• • • • • • • • • By 16 weeks At completion of each requirement At termination By 16 weeks At completion of each requirement At termination By 16 weeks At completion of each requirement At termination

Page 21

3

Within 1 working days
Page 9

Within 10 working days
Page 12

Within 10 working days
Pages 19-20

Page 10

Page 21

2

Within 3 working days

Before leaving Court or within 5 working days

Within 15 working days

Within 10 working days

Page 9

Page 12

Pages 19-20

Page 21

1

Within 3 working days
Page 9 Page 10

Within 15 working days
Page 12

At least 2 during the sentence plus the requirement contacts
Page 13

Within 10 working days
Pages 19-20

• •

By 16 weeks At termination

Page 21 Pages 14 14 14-15 16 16 16 16 16 17 17 17 17-18 18 18

Requirement
Custody – imprisonment Custody - licence Unpaid work Residence requirement Prohibited activity requirement Exclusion requirement Curfew requirement Attendance centre requirement Supervision requirement Specified activity requirement Programme requirement Drug Rehabilitation requirement Alcohol treatment requirement Mental health treatment requirement

Start
Immediate Day of release Within 10 working days Immediate Immediate Immediate Immediate Within 5 working days Within 15 working days Within 15 working days No later than 6 weeks after sentence Within 2 working days Dependent on availability Dependent on availability

Contacts
Not specified 1 contact within 3 working days of release At least 6 hours per week N/A N/A N/A N/A Fortnightly, to a max of 3 hours per day At least 1 contact per week for first 16 weeks At least 3 contacts in the first four weeks As specified by the programme At least 3 contacts per week in total for first 16 wks As specified by offender manager As specified by offender manager

4

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.
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.

SS1.1

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.

5

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.

• • •

• •

6

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 reoffending, in order to inform the Court of a clear and realistic recommendation for sentence or remand.
Bail Information Bail information reports shall: (B2) • • • • SS2.2 SS2.3 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.

SS2.1

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) 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) 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 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) 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.

SS2.4

SS2.5 SS2.6

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
7

• • • •

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

SS2.11

SS2.12 SS2.13

8

ALLOCATION OF THE CASE
GS3 Sentenced cases should be allocated to a responsible offender manager as soon as practicable after sentence.
Applicability Community Order 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. Probation Areas shall ensure that:

SS3.2

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)

9

COMMENCEMENT OF THE SENTENCE
GS4 Offender managers shall commence the sentence promptly and induct the offender into the requirements of the sentence and the expectations being placed upon them.
Applicability Community Order SSO Intermittent Custody Custody Plus Custody >12 months EPP IPP

● ● ● ● ● ● ●

SS4.1

Arrangements following sentence The date of the first appointment with the offender manager for those on communitybased 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. 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).

SS4.2

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; offenders are informed that failure to comply with the requirements of their sentence may result in enforcement action; offenders are informed that even if they are appealing against their sentence, all requirements of their sentence shall apply until notified otherwise. (D8)

SS4.5 SS4.6

• •

For offenders released on licence, the Probation Service shall ensure that: SS4.7 SS4.8 SS4.9 SS4.10 • • • offenders indicate that they have received and understood appropriate information about its requirements; offenders are reminded that the period of post-release forms part of the original sentence. (D14) the Police shall be given release, licence and address information as soon as practicable in accordance with the national protocol. (D6)

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.

10

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.

11

SENTENCE PLANNING
GS5 A plan for how the sentence will be implemented and who will be required to implement it shall be produced as soon as is feasible.
Applicability Community Order SSO Intermittent Custody Custody Plus Custody >12 months EPP IPP

● ● ● ● ● ● ●

SS5.1

Producing the sentence plan 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 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)

SS5.3

• • • SS5.4 SS5.5

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

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

SS5.6

SS5.7

12

SS5.8

Minimum levels of contact The sentence plan shall define the following minimum contact levels with the 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.

Edit

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; contact the release address after the first overnight release and provide the prison with an assessment of that release; 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;
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) 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)

SS5.10 SS5.11

• •

Notes

1.

2.

13

IMPLEMENTING THE SENTENCE: PUNITIVE REQUIREMENTS
GS6 The implementation of the punitive requirements of the sentence shall be prioritised.
Applicability Sentences Community Order SSO Intermittent Custody Custody Plus Custody >12 months EPP IPP

● ● ● ● ● ● ●

Custodial sentences
SS6.1 Offenders sentenced to custody 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) 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) 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 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) 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.

SS6.2

SS6.3

SS6.4 SS6.5

Unpaid work requirement
SS6.6 Arranging work sessions 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) 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.
th

SS6.7

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

SS6.9

Recording the hours worked 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. 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.

SS6.10

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 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)

SS6.12

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
GS7 The implementation of the restrictive requirements of the sentence shall be prioritised.
Applicability Community Order 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. 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.

SS7.5

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
GS8 The implementation of the rehabilatative requirements of the sentence shall commence as soon as possible following sentence, having regard to the need to integrate with the punitive and restrictive elements.
Applicability Sentences Community Order SSO Intermittent Custody Custody Plus Custody >12 months EPP IPP

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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. 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.

SS8.2

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

SS8.4 SS8.5

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

SS8.7 SS8.8

SS8.9

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 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) 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;

SS8.12

SS8.13

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 SS8.15 Failure to provide a sample shall be interpreted as an unacceptable failure to comply with the requirement. (E9) Treatment and testing provided under the sentence shall be delivered in accordance with the quality requirements defined by the National Probation Directorate. Court Reviews 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)

SS8.16

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

SS8.18

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
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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.

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ENFORCING THE SENTENCE
GS9 Where the offender fails to comply with the sentence, the offender manager shall take steps to promptly enforce the requirements of the sentence.
Applicability Community Order SSO Intermittent Custody Custody Plus Custody >12 months EPP IPP

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SS9.1

Actions required following a failure to comply 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) 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) 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) 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) 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) 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) 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 For all offenders, breach action may be taken after one unacceptable failure to comply, where appropriate. (D22, E9) 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) 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) 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) For offenders released on licence, no more than two written warnings shall be given within the total sentence period before commencing breach action. (D25)

SS9.2

SS9.3

SS9.4 SS9.5

SS9.6

SS9.7

SS9.8 SS9.9

SS9.10

SS9.11

SS9.12

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

SS9.14

SS9.15

SS9.16

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MONITORING, REVIEW & EVALUATION
GS10 The offender manager shall monitor the delivery of the sentence plan, review progress against the plan, revise the plan as necessary and, at the end of the sentence, evaluate the extent to which the plan achieved its objectives.
Monitoring, Review & Evaluation 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) 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. 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) When required, feedback information on resettlement shall be provided to the Prison Service at the end of the licence period. (C12) 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
Applicability Community Order SSO Intermittent Custody Custody Plus Custody >12 months EPP IPP

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SS10.1

SS10.2

SS10.3

SS10.4 SS 10.5

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WORKING WITH VICTIMS
GS11 Victims, or their families, in cases involving a serious sexual or violent offence, which leads to a custodial sentence of 12 months or more, will be offered contact with the Probation Service.1 (C3)
Contact arrangements 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) Information shall be provided to victims (or their families) about the criminal justice process. (C3) Offender release arrangements Victims (or their families) shall have the opportunity to give their views on proposed conditions surrounding the offender’s release. (C3) Victims (or their families) shall be allowed to see any part of the parole report which represents their views. (C3) Victims (or their families) shall be informed of any conditions of release which relate to contact with the victim. (C3) Information management Information relating to victims (or their families) shall be kept securely and separately from the offender’s case record. (C3)
Applicability Community Order SSO Intermittent Custody Custody Plus Custody >12 months EPP IPP

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SS11.1

SS11.2

SS11.3 SS11.4 SS11.5

SS11.6

Notes

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

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APPROVED PREMISES
GS12 The Probation Service, or its contractor, shall operate, where available, approved premises with the aim of protecting the public from offenders or bailees posing a high or very high risk of harm.
Admission & arrival (F4, F6, F7) 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. Every new resident shall be interviewed upon arrival when the house rules will be explained fully, and signed by the resident. During the course of the induction interview, staff shall assess the likelihood of selfharm 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) 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.
Applicability Community Order SSO Intermittent Custody Custody Plus Custody >12 months EPP IPP

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SS12.1

SS12.2 SS12.3

SS12.4

SS12.5

Sentence or management plan (F8) 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) 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) 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.

SS12.6

SS12.7

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