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NATIONAL STANDARDS 2005 Probation

PURPOSE
To inform areas of the new National Standards 2005. Circular
ACTION REFERENCE NO:
Chief Officers should ensure that all staff are briefed on the new National 15/2005
Standards.

Areas should nominate a point of contact to be the interface between the ISSUE DATE:
area and NPD on all issues relating to National Standards 2005. 4 March 2005

SUMMARY IMPLEMENTATION DATE:


The new National Standards are based on: Immediate
• The principles of offender management
• The Criminal Justice Act 2003 EXPIRY DATE:
March 2010
They will apply to all offenders irrespective of the date on which their
supervision commenced.
TO:
Printed copies of National Standards 2005 will be provided to all areas as Chairs of Probation Boards
soon as possible. A PowerPoint presentation for use in staff briefing is Chief Officers of Probation
attached.
Secretaries of Probation Boards
NPD will monitor the implementation of the National Standards 2005 and
welcomes feedback on any issues that arise. CC:
Board Treasurers
RELEVANT PREVIOUS PROBATION CIRCULARS Regional Managers
PC07/2005: Draft National Standards 2005 for Consultation
AUTHORISED BY:
CONTACT FOR ENQUIRIES Roger McGarva, Head of Regions
Paris.Mikkides@homeoffice.gsi.gov.uk (tel: 020 7217 8812) or & Performance Management
Ed.Stradling@homeoffice.gsi.gov.uk (tel: 020 7217 0758)
ATTACHED:
Annex A – National Standards
2005
Annex B – National Standards
2005 PowerPoint presentation

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
National Standards 2000 (as amended in 2002) identified the minimum standards that staff were expected to deliver.
They differed from earlier versions by distinguishing between standards that staff were expected to meet and standards
for offenders’ behaviour. This approach is continued in National Standards 2005.

The new standards are based on the principles of offender management and the Criminal Justice Act 2003. Reference is
made throughout to the offender manager. This is not necessarily a probation officer.

Allocation decisions will be based on an assessment of the offender conducted either at court through preparation of a
fast delivery report or after adjournment based on an OASys assessment.

The offender management framework assumes that those offenders who pose the highest risk of harm or likelihood of re-
offending will be subject to the highest levels of supervision or restrictive requirements, so National Standards 2005
places great importance on the use of OASys and periodic reviews. Levels of contact after the first 16 weeks will be
determined on the basis of the OASys review, subject to a minimum of one contact every four weeks.

National Standards 2005 require staff to use professional judgment in assessing and reviewing offenders’ behaviour. It is
essential that this is reflected in clear and concise records that can demonstrate defensible decision-making.

The NPD recognises that considerable training on the CJA is being delivered. It is therefore not prescribing the level and
type of training or briefing on National Standards 2005. However, a PowerPoint presentation is attached for use as areas
decide.

New arrangements for National Standards monitoring are being developed. Further information will be provided to areas
as soon as possible.

As indicated above, the NPD will monitor the implementation of National Standards 2005 and welcomes feedback on
them. The National Standards Reference Group will regularly review this feedback and take appropriate action.

The consultation on National Standards 2005 resulted in 33 responses, including 25 from probation areas, plus
discussion with a range of organisations. They key changes in the final National Standards compared with the first public
draft were:
• Clarification that the Standards will apply to all offenders irrespective of the date on which their supervision
commences
• A new standard that sets out the expectation that the offender manager and the courts work jointly to ensure that
an offender in breach appears in court and that the case is resolved in within 25 working days
• Clarification that unless the Court directs otherwise, a full OASys assessment does not need to be completed if
the risk of harm screening shows that a full risk of harm analysis is not required and there is an OGRS score of
less than 41.
• A standard in relation to offenders on licence, specifying that the 1st appointment after release should be arranged
to occur on the day of release or, if not practicable, on the next working day
• A statement that appeal is not a basis for suspending National Standards
• A statement emphasising that these are the minimum contact standards 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
• A 15-day standard for commencing Attendance Centre requirements
• Making clear that the management of risk of harm is to be addressed when reviewing the sentence plan
• The expectation that approved premises staff shall be fully involved in sentence planning within the appropriate
timescales prescribed by the tier.
• An allowance of up to 20% of the hours on an unpaid work requirement for literacy/skills development or other
work necessary to enable the offender to gain maximum benefit from the sentence

New guidance on workload prioritisation in the context of National Standards 2005 will be issued by the NPD shortly.

PC15/2005 –National Standards 2005 2


National Standards 2005

1
Introduction

The new National Offender Management Service has the clear objective to punish offenders
and help reduce re-offending. This new service will ensure effective end-to-end management
of offenders both in the community and in custody. Offender management will form the spine
of NOMS; with a line from the Chief Executive, through the National Offender Manager to the
newly appointed Regional Offender Managers (ROMs) with clear accountability at all levels
for reducing re-offending. This sharper focus on accountability for reducing re-offending will
be crucial to making the new system work, ensuring that offenders receive the appropriate
interventions whether they are in custody or in the community.

The first set of national standards for the supervision of offenders in the community was
published in 1995. These new national standards have been designed to reflect the
establishment of the National Offender Management Service, the introduction of offender
management and the 2003 Criminal Justice Act. They provide the minimum provision that
the National Offender Manager will expect for offenders under supervision.

The creation of a clear separation between the supervision of offenders and the provision of
interventions in the community is a key challenge in the coming year. The recent
appointment of ROMS, a key recommendation of the Carter Report “Managing Offenders,
Reducing Crime” (December 2003), is crucial in assisting probation areas in creating this
separation. This set of standards represents an important step in integrating end-to-end
offender management into current practice and, bolstered by the development in the offender
management model that will occur throughout 2005/06, will lead to effective implementation
of offender management in community supervision by 2006, and for custodial sentences
during 2006/07. The language used in the new standards also reflects the importance placed
on the restrictive, punitive and rehabilitative aspects of community sentencing.

The National Probation Service has improved its performance against the previous standards
year on year. Over the course of 2005/06, ROMS will be key to continuing this, in particular
through the development of standards to form the basis of the future commissioning role that
ROMs will have in ensuring quality and consistent performance. It is our clear expectation
that the levels of provision set out in these standards will be met and that they will enhance
the quality of offender management and improve public confidence in the effective
supervision of offenders in the community.

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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) Unless other Within 10 • By 16 weeks
day Court or as soon days weekly requirement working days • At completion of each requirement
as possible contacts have been • At termination
Page 8 thereafter, within Page 10 arranged during the Pages 18-19 Page 20
3 Within 1 working 5 working days. Within 15 working first 16 weeks, the Within 10 • By 16 weeks
days For licences, the days offender should be working days • At completion of each requirement
1st appointment seen at least once • At termination
with the offender per week for that
after release period;
should be
arranged to occur (ii) contact thereafter
on the day of to be defined
release or, if not following an OASys
practicable, on review, with minimum
the next working of 1 contact every 4
day weeks for the
Page 8 Page 9 Page 10 remainder of the Pages 18-19 Page 20
2 Within 3 working Before leaving Within 15 working order Within 10 • By 16 weeks
days Court or within 5 days working days • At completion of each requirement
working days. As • At termination
Page 8 above for Page 10 Page 11 Pages 18-19 Page 20
1 Within 3 working licences. 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 8 Page 9 Page 10 Page 11 Pages 18-19 Page 20

Requirement Start Contacts Pages


Custody – imprisonment Immediate Not specified 12
Custody - licence Day of release 1 contact within 3 working days of release 12
Unpaid work Within 10 working days At least 6 hours per week 12-13
Residence requirement Immediate N/A 14
Prohibited activity requirement Immediate N/A 14
Exclusion requirement As specified in the requirement N/A 14
Curfew requirement As specified in the requirement N/A 14
Attendance centre requirement Within 15 working days Fortnightly, to a max of 3 hours per day 14
Supervision requirement Within 15 working days At least 1 contact per week for first 16 weeks 15
Specified activity requirement Within 15 working days At least 3 contacts in the first four weeks 15
Programme requirement No later than 6 weeks after sentence (GOBPs) As specified by the programme 15
Drug Rehabilitation requirement Within 2 working days At least 15 hours per week (highest community sentence
band)/ 8 hours p.w. (medium band)/ one contact p.w.
16
(lower band) across all requirements of the order for first
16 weeks.
Alcohol treatment requirement Dependent on availability As specified by offender manager 16-17
3
Mental health treatment requirement Dependent on availability As specified by offender manager 17
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

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 and belief, sexual orientation, literacy,
language or any other improper ground.

SS1.2 Purpose of the National Standards

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 one of the bases against which Her Majesty’s Inspectorate of Probation
will evaluate areas’ performance.

SS1.3 Applicability of the National Standards

The National Standards 2005 apply to the management by the Probation Service of
all offenders 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 Board).

SS1.4 Expectation of Probation Boards


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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, in
conjunction with other key policy documents;

• 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 areas to ensure that they have a strategy to inform and gain the
confidence of sentencers, the general public including 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 proposal for sentence or remand.
Bail Information
SS2.1 Bail information reports shall:

• 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.

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

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.

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.

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 Risk of Harm screening tool;

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

• the risk of harm screening shows that a full risk of harm analysis is not required
and
• the OGRS score is less than 41

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

• the risk of harm screening shows that a full risk of harm analysis is required;
• the OGRS score is 41 or over;
• the court has adjourned for a full report because of the seriousness of the
offence;
• the offender is a locally defined prolific or other priority offender.

SS2.9 Written reports to inform sentencing shall:

• be based on the appropriate risk/needs assessment in accordance with SS2.6 to


SS2.8
• be objective, impartial, free from discriminatory language and stereotype,
balanced, verified and factually accurate;
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• only include information from the victim where it is drawn from the CPS papers
or from a victim personal statement.
• satisfy the content, style and quality requirements defined in guidance by the
National Probation Directorate;
• be completed using nationally approved report formats;
• be copied 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 custody) taking into
account the seriousness of the offence, and the purpose of sentencing.

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.

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

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
notify the court at the earliest opportunity that a report will not be available for the
hearing and submit in writing the reasons why the report has not been completed.

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ALLOCATION OF THE CASE
Applicability
GS3 Sentenced cases shall be allocated to an offender manager Community Order ●
SSO ●
Intermittent Custody ●
Custody Plus ●
Custody >12 months ●
EPP ●
IPP ●
SS3.1 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 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 allocated within one working day of sentence

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

• Requirements which require commencement before 3 working days are


allocated accordingly

SS3.3 Following sentence the 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 those in which there is a stand alone unpaid work
requirement, should have a full OASys assessment before the sentence plan is
produced. All cases at tiers 3 and 4 should have a full OASys assessment before the
sentence plan is produced.

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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 or release
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 with the offender manager should be arranged to take place
within a maximum of 5 working days of the sentence being made but should be
sooner for offenders:

• who pose a high or very high risk of serious harm to the public;

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

• 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).

• on licence, where the 1st appointment after release should be arranged to occur
on the day of release or, if not practicable, on the next working day

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.

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:

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 will 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. Appeal is not
grounds for suspending National Standards.

For offenders released on licence, the Probation Service shall ensure that:
SS4.7 • offenders are reminded that the period of post-release forms part of the original
sentence.

SS4.8 • the police shall be given release, licence and address information as soon as
practicable in accordance with the national protocol.

SS4.9 At induction with an offender manager, or as soon as possible thereafter, offenders


shall sign their order or licence and confirm that they have received and understood
appropriate information about its requirements.
1
Notes 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 wilful
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:

• 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.

SS5.2 Sentence plans shall aim to sequence interventions such that punitive and restrictive
requirements are commenced as soon as possible after sentence. Rehabilitative
requirements 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 rehabilitative
requirement.

SS5.3 All offenders at Tiers 3 and 4 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 on licence:

• Tier 4 cases within a maximum of 5 working days

• Tier 3 cases within a maximum of 15 working days

SS5.4 For Tier 1 cases, a full OASys is not required, but the sentence plan should be
prepared within a maximum of 15 working days of sentence. For Tier 2 cases a full
OASys will be required unless the only requirement is an unpaid work requirement.
The sentence plan should be written within 15 days of sentence.

SS5.5 For those sentenced to custody, but who will be subject to licence conditions
managed 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.

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.

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.

Minimum levels of contact


SS5.8 The sentence plan shall define the following minimum contact levels with the offender
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manager. For Tier 3 and 4 cases, in addition to the contact levels defined, the
offender manager shall make a home visit within 10 working days of the sentence or
release on licence, if the risk of harm posed by the offender is identified as high or
1
very high :

• Tier 4, 3 and 2 cases: unless other weekly requirement contacts have been
arranged during the first 16 weeks, the offender should be seen at least once per
week for 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;

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


addition to any requirement contacts.

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. For Tier 3
and 4 cases, it is expected that the combination of all the requirements will lead to a
significant level of contact and restriction on liberty.

Further assessments during the course of the sentence


The offender manager shall undertake any further assessments deemed necessary
during the course of the sentence, and in particular, shall:

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 and

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

SS5.10 • 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 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.

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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 The Probation Service 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.

SS6.2 Where prepared, the following documents should be made available to the receiving
prison within 2 days of sentence:
• an up to date OASys assessment,
• the report to the court
• post sentence interview report

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.

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.

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.

SS6.7 The offender manager shall ensure that a minimum average of 6 hours per week is
arranged from the start of the requirement, excluding if relevant:

• 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.

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Recording the hours worked
SS6.9 All offenders shall be given a weekly record detailing:
• 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:

• 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 work placement supervisor throughout; and except where
the latter 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 20 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.

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.

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

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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 or on release 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 within 15 days or 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 at the time stated in the
requirement.

14
IMPLEMENTING THE SENTENCE: REHABILITATIVE REQUIREMENTS
Applicability
GS8 The implementation of the rehabilitative 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 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 The offender manager shall arrange 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 The offender manager shall arrange 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 for general
offending programmes, no later than 6 weeks after sentence or release on licence
(where there is more than one programme requirement, at least one shall commence
no later than 6 weeks). 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.

15
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
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.

Sentence plans shall aim to sequence interventions such that punitive and restrictive
requirements are commenced as soon as possible after sentence. Rehabilitative
requirements 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 rehabilitative
requirement.

SS8.11 Where a community order includes a DRR, the total contact from all requirements of
the community order within the first 16 weeks should be at least 15 hours per week
for those in the highest community sentence band and 8 hours per week 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.

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 manager evidences that sufficient progress has been made.

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.

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


with the requirement.

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 at a minimum of 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.

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
16
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
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.

17
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 to any requirement shall count as one failure to comply with the
whole sentence.

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 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.

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.

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.

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.

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.

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.

Taking breach action


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

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.

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.

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.

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.

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
18
and Recall Section within 14 working days of recall to custody.

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.

SS9.15 The offender manager shall normally arrange 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 arranging further appointments or work would serve no useful
purpose and such a decision has been recorded and endorsed by the designated line
manager.

SS9.16 The offender manager shall ensure that the documentation to prove the breach and
advise on sentencing is made available to the court dealing with the breach.
Probation Areas should work in partnership with the courts to ensure that offenders
appear in court and their cases are “resolved” within 25 working days of the second
unacceptable failure (third for licences) unless there is a not guilty plea.

SS9.17 When an offender is charged with a serious offence this must be reported to the
National Probation Directorate in the manner prescribed.

19
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 or management of risk of harm, 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.

SS10.2 For all cases at Tiers 3 and 4 of the National Offender Management Model, and Tier
2, except where there is a standalone unpaid work requirement, 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 or record significant
change.

SS10.3 In all cases, there shall be a final review of the sentence plan, using and re-scoring
OASys where appropriate, at the termination 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.

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

SS 10.5 Early revocation should be kept under consideration throughout the sentence where
it seems likely to motivate offender compliance. The offender manager should
consider carefully the behaviour of the offender and 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 ;
• 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

20
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 Custody >12 months ●
EPP ●
IPP ●
Contact arrangements
SS11.1 A written offer of face to face contact between the victim (or victim’s family) and local
probation area/victim contact unit, or its agent, shall be made within 40 working days
of sentence.

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

Offender release arrangements


SS11.3 The offender manager shall offer victims (or their families) the opportunity to give
their views on proposed conditions surrounding the offender’s release.

SS11.4 The offender manager shall offer victims (or their families) the opportunity to see any
part of the parole report which represents their views.

SS11.5 The offender manager shall inform victims (or their families) of any conditions of
release which relate to contact with the victim.

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

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

21
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
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.

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 other risks are identified, an appropriate
management plan should also be prepared.

House rules
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


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

SS12.6 Approved premises staff shall be fully involved in sentence planning within the
appropriate timescales prescribed by the tier.
Recording
SS12.7 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
SS12.8 Approved premises staff shall:

• issue recorded cautions for 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, breaches
curfew, or commits a further offence.

22
NATIONAL STANDARDS 2005
NS 2005 Need to Reflect:

z CJA 2003

z Offender Manager model

z OASys

z Reducing Re-Offending National Action Plan

z National Standards 2000 (revised 2002)


Key changes since last public draft
z Clarification that the Standards will apply to all offenders irrespective
of the date on which their supervision commences
z A new standard that sets out the expectation that the offender manager
and the courts work jointly to ensure that an offender in breach
appears in court and that the case is resolved in within 25 working
days
z Clarification that unless the Court directs otherwise, a full OASys
assessment does not need to be completed if the risk of harm
screening shows that a full risk of harm analysis is not required and
there is an OGRS score of less than 41.
z A standard in relation to offenders on licence, specifying that the 1st
appointment after release should be arranged to occur on the day of
release or, if not practicable, on the next working day
z A statement that appeal is not a basis for suspending National
Standards
z A statement emphasising that these are the minimum contact
standards 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
z A 15-day standard for commencing Attendance Centre requirements
z Making clear that the management of risk of harm is to be addressed
when reviewing the sentence plan
z The expectation that approved premises staff shall be fully involved in
sentence planning within the appropriate timescales prescribed by the
tier.
z An allowance of up to 20% of the hours on an unpaid work requirement
for literacy/skills development or other work necessary to enable the
offender to gain maximum benefit from the sentence
The Design

z Contains measurable expectations/standards

z Shorter, more focussed and flexible

z Separates restrictive punishment and rehabilitative


requirements

z Ensures sentences are rigorously managed

z Priority given to high risk of harm / re-offending

z Standards require resources to follow risk


Overview- nine chapters covering
Offender Management Process
1. Assessment

2. Allocation

3. Sentence Commencement

4. Sentence Planning

5. Punitive Requirements

6. Restrictive requirements

7. Rehabilative Requirements

8. Enforcement

9. Monitoring Review & Evaluation


Overview

z A one page summary of minimum required


actions with timescales.

z Two further chapters address specific standards


in relation to victims and approved premises.

z Each chapter begins with a general standard from


which specific standards follow.
Overview
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) Unless other Within 10 • By 16 weeks
day Court or as soon days weekly requirement working days • At completion of each requirement
as possible contacts have been • At termination
Page 8 thereafter, within Page 10 arranged during the Pages 18-19 Page 20
3 Within 1 working 5 working days. Within 15 working first 16 weeks, the Within 10 • By 16 weeks
days For licences, the days offender should be working days • At completion of each requirement
st
1 appointment seen at least once • At termination
with the offender per week for that
after release period;
should be
arranged to occur (ii) contact thereafter
on the day of to be defined
release or, if not following an OASys
practicable, on review, with minimum
the next working of 1 contact every 4
day weeks for the
Page 8 Page 9 Page 10 remainder of the Pages 18-19 Page 20
2 Within 3 working Before leaving Within 15 working order Within 10 • By 16 weeks
days Court or within 5 days working days • At completion of each requirement
working days. As • At termination
Page 8 above for Page 10 Page 11 Pages 18-19 Page 20
1 Within 3 working licences. 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 8 Page 9 Page 10 Page 11 Pages 18-19 Page 20
Assessment

z Written bail assessment using NPD guidance

z Uniform format for Court reports

z Clear direction on the preparation of reports with


and without OASys
Allocation

z Allocation made on the basis of which Tier the offender


falls into.

z The tiering decision is based on the court report which


may or may not be based on OASys.

z Clear timescales for allocation geared to tiers


Sentence Commencement

z If possible, first appointment with OM to be


arranged before offender leaves court.

z Clear timescales for first appointments

z Clear induction requirements


Sentence Planning

z Clear timescales for sentence planning linked to tiers

z Clear timescales for sequencing of requirements

z Clear expectations for levels of contact linked to


tiering, numbers of requirements and OASys reviews

z For tiers 3 & 4 and high or very high risk of harm, new
standard requiring a home visit
Punitive Requirements

z Could apply to all tiers

z To be prioritised ahead of rehabilitative


requirements

z Clear timescales for contact levels for offenders


on licence

z Clear standards for unpaid work including 20%


allowance for literacy/skills development
Restrictive Requirements

z Prioritised over rehabilitative requirements

„ Residence

„ Prohibited activity

„ Exclusion

„ Attendance centre

„ Electronic monitoring
Rehabilitative Requirements

z Commence ASAP having regard to punitive and


restrictive elements

z Supervision requirement to commence within 15


working days

z Clear timescales for contact on supervision


requirements

z General offending programmes to commence


within 6 weeks of order

z Clear timescales for contact for DRR, alcohol


treatment and mental health requirements
Enforcement

z Enforcement requirements remain the same as


NS 2000 (revised 2002)

z Clarification on handling multiple same day


failures

z New standard on working with the courts towards


a joint enforcement target
Monitoring Review and
Evaluation
z OASys review at 16 weeks and thereafter as
required to fit with the end of each requirement

z Clear guidance on early revocation


Victims

z Written offer of face to face contact shall be made


within 40 days of sentence.
Approved Premises
z Admission and arrival procedures have been
clarified including the preparation of a
management plan

z Issue recorded warnings regarding infringements


of house rules.
Local Actions Required

z Staff require briefing on NS 2005

z Discussions with courts required on new enforcement


standard

z Staff made aware of points of contact for advice and


clarification within their Area

z No direct contact with the NPD on points of


clarification

z NPD will only deal with a single point of contact for


each area (therefore Areas should nominate)