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CRIMINAL JUSTICE ACT 2003 – Probation

EARLY RELEASE AND RECALL


Circular
PURPOSE
To introduce the new arrangements for the release on licence and recall of REFERENCE NO:
determinate sentence prisoners under the provisions of the 2003 Act; new 16/2005
provisions concerning the addition of non-standard licence conditions; and
new arrangements for considering applications to travel abroad. ISSUE DATE:
8 March 2005
ACTION
Chief Officers should ensure that relevant staff are familiar with the new IMPLEMENTATION DATE:
arrangements set out in this circular; and that copies of the circular and PSO
4 April 2005
6000 are available to staff.
EXPIRY DATE:
SUMMARY
The provisions of the Criminal Justice Act 2003 relating to determinate April 2010 or until replaced
sentence prisoners sentenced to 12 months or longer will be implemented on
4 April 2005. This circular sets out: TO:
• the different categories of relevant prisoners; Chairs of Probation Boards
• information about the Act’s new provisions; Chief Officers of Probation
• new procedures relating to the addition of licence conditions to licences; Secretaries of Probation Boards
• new procedures for handling the release and recall of prisoners; and
• new provisions concerning the supervision of offenders on licence. CC:
Board Treasurers
RELEVANT PREVIOUS PROBATION CIRCULARS
Regional Managers
This circular replaces PC 42/2003.
PCs 52/1997; 13/2003; 28/2004; 45B/2004 are relevant previous circulars.
AUTHORISED BY:
CONTACT FOR ENQUIRIES Liz Hill – Head of Public
Early release provisions, policy and practice: Protection and Courts Unit
Peter Charlesworth 020 7217 5313
Licence conditions policy: ATTACHED:
Simon Greenwood 020 7217 5861 or James Hough 020 7217 5276 Annex A: Guidance on completing
Recall policy and practice: Kerry Adams 020 7217 5848 a report to the ERRS on breach
Recall casework: Alistair Albosh 020 8774 0222 notification, request for recall and
review by the Parole Board
Extended sentence policy and casework:
Kristyn Miller 020 7217 5546 or Nuzhat Ravzi 020 7217 5067 Annex B: Report Template
National Probation Directorate Policy: Annex C: Licence Conditions
Jo Thompson 020 7217 8823 jo.thompson8@homeoffice.gsi.gov.uk or, Annex D: Directions to PB
Jason Oliver 020 7217 0763 Jason.oliver4@homeoffice.gsi.gov.uk Annex E: Recall Liaison Officers

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


CRIMINAL JUSTICE ACT 2003: EARLY RELEASE, LICENCE AND RECALL ARRANGEMENTS

PURPOSE

1. To inform you about the revised arrangements for the early release of determinate sentence prisoners,
including the inclusion of additional licence conditions, general advice on the use of licence conditions, the
new arrangements for handling recall requests, the new procedures for considering the prisoner’s
representations against recall (including an entitlement to an oral hearing) and for determining a re-release
date for recalled prisoners and the new arrangements for considering applications from offenders on licence to
travel abroad.

ACTION

2. Chief Officers should bring this Circular to the attention of those staff who have responsibility for the
supervision of determinate sentence prisoners; Chief Officers should also ensure that relevant staff have
access to the Prison Service Order 6000 (Parole and Recall Manual). The document is not subject to
copyright and Chief Officers should make as many additional copies of the documents as they seem
appropriate. If either of these documents is not readily available they should contact the Early Release and
Recall Section.

SUMMARY

3. The Criminal Justice Act 2003 introduces a new sentencing framework for determinate sentence
prisoners. All determinate sentence prisoners serving a sentence of 12 months (a Standard Determinate
Sentence) or more are eligible for automatic release at the halfway point of their sentence and will be subject
to probation supervision for the entire second half of their sentence. Standard Determinate Sentence
prisoners are eligible to apply for the home detention curfew scheme, other than those who are statutorily
excluded.

4. The new Act requires us to lay before Parliament a Statutory Instrument, which sets out licence
condition requirements. This Statutory Instrument will list the standard conditions as well as a definitive list of
requirements, from which additional conditions must be derived. Chief Officers are asked to note that only
conditions falling within one of the requirements specified in the Statutory Instrument may lawfully be included
in a licence. Sentencing judges will be able to recommend the inclusion of specific licence condition
requirements and the Secretary of State is required to have regard to such recommendations. The
administrative process for including additional licence conditions has been streamlined and simplified.

5. Under the new recall provisions, the Secretary of State is no longer required to consult with the Parole
Board when deciding whether to revoke a prisoner’s licence. The decision whether to recall a prisoner will be
made by the Early Release and Recall Section on behalf of the Secretary of State. The Parole Board will
review all recall decisions once the prisoner has returned to custody. The Parole Board will also consider
whether to set a re-release date for the prisoner or a date for a further review of detention. This decision will
be influenced by a risk management plan, which must be submitted by the Probation Service whenever an
offender is recalled.

6. The House of Lords has ruled that the Parole Board’s failure to offer two determinate sentence
prisoners, Smith and West, an oral hearing to consider their representations was a breach of common law
procedural fairness. Their Lordships also set down the circumstances in which an oral hearing might be
appropriate. The new arrangements in response to this judgment are still being finalised, but the initial
intention is that all recalled prisoners will have their cases reviewed by the Parole Board on the papers and
prisoner who make representations and who are not given a re-release date will be offered an oral hearing.

7. The Early Release and Recall Section has been reorganised into regional teams. Each probation area
has a named contact for advice etc in respect of recalls.

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8. In future, all decisions in response to a request by an offender on licence to travel abroad will be taken
by the relevant Probation Area. Where a Probation Area is minded to approve a request, it will no longer be
required to seek the authority of the Parole Board. The criteria for approving such requests remains
unchanged.

INTRODUCTION

9. The purpose of this Circular is to inform you about:

(i) The introduction of the new automatic release provisions contained within the Criminal Justice Act
2003, which are applicable to those Standard Determinate Sentence prisoners serving a sentence
of 12 months and over and who have been convicted of an offence committed on or after 4 April
2005.
(ii) The continuation of parole arrangements for all existing prisoners serving a sentence of 4 years
and over;
(iii) The new provisions for extended sentence prisoners as set out in the Criminal Justice Act 2003 and
which will again apply only to prisoners convicted of an offence committed on or after 4 April 2005.
(iv) The new streamlined arrangements for considering the inclusion of additional licence conditions;
(v) Arrangements for considering licence conditions specifically recommended by the sentencing
judge;
(vi) The new arrangements for handling requests for recall for determinate sentence prisoners;
(vii) The new arrangements for the review by the Parole Board of both Secretary of State recall
decisions and prisoners’ representations against recall
(viii) The new arrangements for determining the re-release of recalled determinate sentence prisoners;
(ix) The new arrangements for offering recalled prisoners a Parole Board oral hearing to review their
representations, following the Smith and West judgment.
(x) The new arrangements for approving requests to travel abroad.
(xi) Confirmation of the existing arrangements for inter-agency liaison with regard to the recall of
determinate sentence prisoners;
(xii) The re-organisation of ERRS recall casework teams into regional teams.

ACTION

10. This Circular replaces PC42/2003. It has been written by the Early Release and Recall Section of the
Home Office Sentencing Policy and Penalties Unit, in close consultation with all interested parties, including
the Parole Board, the Lifer Review and Recall Section and the National Probation Directorate. Chief Officers
are asked to bring this circular to the attention of staff with responsibility for the supervision of determinate
sentence prisoners.

11. Chief Officers should also ensure that relevant staff have access to the Prison Service Order 6000
(Parole Release and Recall Manual). The document is not subject to copyright and Chief Officers should make
as many additional copies as they deem appropriate. If the document is not readily available you should
contact the Early Release and Recall Section. The contact is Richard Modelly (tel:020 7217 5052).

SENTENCING FRAMEWORK FOR DETERMINATE SENTENCE PRISONERS

Standard Determinate Sentence

12. The new sentencing provisions contained within the Criminal Justice Act 2003, will apply to those
prisoners who commit their earliest index offence on or after 4th April 2005.

13. Under the provisions for determinate sentences of 12 months and over (the Standard Determinate
Sentence), the prisoner is:

(i) Entitled to be released, automatically, at the halfway point of their sentence;

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(ii) Eligible to be considered for release on the home detention curfew scheme up to 4½ months prior to
their automatic release date (unless statutorily exempt). The policy on the application of the home detention
curfew scheme for prisoners serving sentences of 4 years and over is currently under consideration; and

(iii) Required to be on licence and probation supervision for the whole of the second half of their sentence.

The concept of “at risk” disappears and licence expiry date will be the same as sentence expiry date.

14. Please note that these provisions are not being applied retrospectively and existing prisoners,
together with those prisoners who commit offences prior to 4 April 2005, but who are sentenced after
that date, will continue to have their sentence applied under existing provisions.

15. Probation Officers will not be required to prepare a parole assessment report (PAR) for Standard
Determinate Sentence prisoners. However, they should continue to prepare PARs for existing DCR prisoners,
in accordance with the guidance set out in Probation Circular 34/2004.

Extended sentences

16. Any offender convicted of a sexual or violent offence for which the maximum penalty is under ten years
can still be given an extended sentence. The custodial period should not exceed the maximum term permitted
for the offence and the extension period should not exceed 5 years in the case of a violent offence, or 8 years
in the case of a sexual offence. It will only be applied in cases where the sentencing court believes the
offender presents a significant risk of serious harm through the commission of a further sexual or violent
offence. Under the new provisions, no extended sentence prisoner can be released automatically before the
end of the custodial term. They will be eligible to apply for discretionary release at the halfway point of the
custodial term and annually thereafter. The Parole Board will be responsible for considering release and the
decision will be determined by risk. The test the Board must apply is that it is satisfied that it is no longer
necessary for the protection of the public that the offender in question should be confined.

17. The Probation Service will be required to prepare a PAR in line with the guidance set out in Probation
Circular 34/ 2004 and the Prison Service Order 6000.

Public Protection sentences

18. If a prisoner is convicted of a serious sexual or violent offence where the maximum penalty is over ten
years, they may be sentenced to an indeterminate sentence of public protection. Guidance on this sentence
will be issued in a further Probation Circular.

Determinate sentences of less than 12 months

19. The Criminal Justice Act 2003 also makes new provisions for prisoners serving a sentence of less than
12 months (Custody Plus). However, there are no immediate plans to introduce these new provisions.
Therefore, prisoners serving a sentence of less than 12 months will continue to be released automatically and
unconditionally at the halfway point of sentence and will be at risk for the remainder of the sentence. Those
serving a sentence of three months and over will also continue to be eligible to be considered for release on to
the home detention curfew scheme. Further guidance will be issued once arrangements have been made to
implement the new provisions for this category of prisoners.

Intermittent custodial sentences

20. Provisions for a new “intermittent custodial sentence” are currently being piloted. Guidance on these
sentences will be issued in due course.

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Young Offenders

21. The new sentencing provisions draw no distinction between young and adult offenders. In practice this
means that young offenders given a Standard Determinate sentence will be subject to supervision for the
whole of the second half of their sentence. Prior to the introduction of Custody Plus, those young offenders
sentenced to 12 months or less will continue to be released on a 3 month statutory notice of supervision and
can only be breached through the courts.

GUIDANCE ON THE USE OF LICENCE CONDITIONS

22. Licence condition requirements will be prescribed in a Statutory Instrument, whether they are standard
or additional conditions. The Statutory Instrument will set out the precise wording of the standard conditions
but in respect of additional conditions, it will provide a broad description of the requirement. An additional
condition which does not fall within the list of requirements set out in the Statutory Instrument must not be
applied to a licence and cannot be enforced. A list of the requirements is at Appendix B.

23. To help avoid any confusion the sections below list the standard conditions and Appendix B provides
the definitive menu of additional conditions. Only those additional conditions listed in this menu may be
included in a licence. If there is any doubt about whether a condition from the menu is appropriate, ERRS
should be contacted.

Existing prisoners and prisoners sentenced after, but for an offence committed prior to 4 April 2005

24. With existing prisoners and prisoners sentenced after, but for an offence committed prior to 4 April
2005, the current arrangements will apply, whereby all prisoners serving a sentence of 4 years and over must
have their additional licence conditions approved by the Parole Board if they are to have legal force. The
request for additional conditions, with supporting reasons, should be made either within a PAR, or in a
separate report if the prisoner is going to be released on their Non Parole Date. However, only those
conditions listed in the menu in Appendix B may be applied for. Standard conditions (as set out below)
continue to apply.

25. In the case of existing prisoners or prisoners sentenced under existing provisions to a custodial
sentence of less than 4 years, all additional conditions must be approved by the Prison Governor. Again, the
only conditions to be used are those set out below and again in the menu at Appendix B. The Early Release
and Recall Section no longer need to be consulted on the inclusion of additional conditions, but caseworkers
will continue to provide advice when required. Standard conditions (as set out below) continue to apply.

STANDARD CONDITIONS

26. Under the new sentencing provisions, prisoners serving a standard determinate sentence will be on
licence and subject to supervision, throughout the whole of the second half of their sentence. Existing
prisoners and those sentenced on or after 4 April 2005, but under existing sentencing provisions continue to
be on licence until the three quarter point of their sentence. All such prisoners are subject to the six standard
licence conditions set out below:

1. To be well behaved, not to commit any offence and not to do anything which could undermine the
purpose of your supervision, which is to protect the public, prevent you from re-offending and help
you to re-settle successfully into the community.

2. To keep in touch with your supervising officer in accordance with any instructions that you may be
given;

3. If required, to receive visits from your supervising officer at your home/place of residence (e.g.
approved premises);

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4. Permanently to reside at an address approved by your supervising officer and notify him or her in
advance of any proposed change of address or any proposed stay (even for one night) away from
that approved address;

5. Undertake only such work (including voluntary work) approved by your supervising officer and
notify him or her in advance of any proposed change;

6. Not to travel outside the United Kingdom without prior permission of your supervising officer (which
will be given in exceptional circumstances only) or for the purpose of complying with immigration
deportation/removal;

ADDITIONAL CONDITIONS

27. As stated above, in addition to the standard conditions, it is also possible for probation officers to
recommend additional licence conditions.

28. An additional licence condition can only be inserted if it is lawful. To be lawful the condition has to be
both necessary and proportionate. Necessary means that no other means of managing a particular risk
is available or appropriate; and proportionate means that the restriction on the offender’s liberty is the
minimum required to manage the risk. It should be noted that the standard licence conditions already
contain sufficient authority to manage most risks in the community.

29. In considering the need for additional licence conditions, supervising officers must focus upon
managing the risk presented by the offender whilst in the community, together with the requirement to facilitate
their long term rehabilitation. Whilst planning for the prisoner’s release, the supervising probation area should
contact the local police force for information in accordance with the “Joint Protocol on Supervision, Revocation
and Recall for Prisoners Released on Licence” – PC03/2005.

30. All additional licence conditions must be taken from the menu of specified licence conditions (see
Appendix B). The conditions listed on the menu are all derived from the list of requirements specified in the
Statutory Instrument on licence conditions and the wording has been cleared with Home Office lawyers. There
may be cases, exceptionally, where probation officers conclude that a specific risk can only safely be
managed by including a “bespoke” condition not included on the menu. In these circumstances, they must
seek approval from the Early Release and Recall Section before submitting the final list of conditions to the
Governor. As well as being both proportionate and necessary, the Early Release and Recall Section will need
to be satisfied that it falls within one or more of the requirements listed in the Statutory Instrument and is not
already covered by the standard conditions. Governors will only approve “bespoke” conditions if they have
been cleared with the Early Release and Recall Section. Any requests in relation to Intensive Supervision
and Surveillance Programme (ISSP) being used as a condition of licence for Young Offenders, should be
referred to the Youth Justice Board.

31. Existing prisoners and those sentenced on or after 4 April 2005 but for an offence committed before
that date who are serving a sentence of 4 years and over must have additional licence conditions approved by
the Parole Board. In all other cases, additional licence conditions must be approved by the Secretary of State
if they are to be lawful. In order to meet this requirement, probation staff may recommend licence conditions,
but these recommendations have to be approved by the Prison Governor.

32. Prison Governors must satisfy themselves that the conditions requested are lawful. Only where they
are minded to reject such a request is a Governor required to consult with the Early Release and Recall
Section, who will take the final decision. Governors have been advised that they must not insert a condition
which has not been recommended by the Probation Service. Instead, if they believe that the
recommendations are insufficient to manage risk in the community, they have been advised to approach the
Probation Service to highlight their concerns and consider whether additional safeguards can be found. In the
rare situation where an agreement cannot be reached, the governor must not impose conditions, but refer the
matter to the Early Release and Recall Section to take the final decision.

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DRUG TESTING AS A CONDITION OF LICENCE

33. Drug testing as a condition of licence has previously been available to probation officers, to apply to
offenders being supervised within the pilot areas. This is now being scaled down. Ministers have agreed that
the focus should be for drug testing on licence to be used for those offenders on whom it is most likely to have
an impact. Plans are being put in place therefore to extend it to adult “Prolific and other Priority Offenders”
(PPO) who are subject to post custodial licences for offences committed on or after 4th April 2005 and who
were convicted of a trigger offence under the Criminal Justice and Court Services Act 2000. Prison Governors
will be advised that drug testing should only be considered for offenders, from 1 April 2005, who are identified
as a PPO.

PAROLE BOARD INVOLVEMENT

34. In the case of prisoners given a standard determinate sentence under the provisions of the Criminal
Justice Act 2003, there is no requirement to consult the Parole Board on the inclusion of additional licence
conditions at the point of release. However, where a prisoner is recalled and the Board is considering whether
he/she can be safely be re-released, it will be invited to consider and recommend whether to include additional
licence conditions in order safely to manage the risk. There is no statutory requirement to include any such
recommendations and they will only be included following consultation with the Probation Service. It is
recommended that supervising officers always consider whether further additional conditions are necessary
when preparing a recall risk management report.

35. In the case of extended sentence prisoners, sentenced under the new provisions, there is a
requirement to consult with the Parole Board before inserting or varying licence conditions. Recommendations
for additional licence conditions should be made in either the PAR or recall risk management report.

PROCESS FOR REQUESTING LICENCE CONDITIONS FOR PRISONERS SERVING A STANDARD


DETERMINATE SENTENCE UNDER THE CJA 2003 PROVISIONS OR A SENTENCE OF LESS THAN 4
YEARS UNDER THE CJA 1991 PROVISIONS

36. Any licence condition that has not been approved either by the Governor or by the Early Release and
Recall Section has no legal force. It is essential therefore that the processes for requesting licence conditions
are followed.

• All requests for additional licence conditions should be sent to the Prison Governor at least 14 days
before the prisoner is due to be released. The application should include brief reasons for the request.
• In cases where it is anticipated that further additional conditions will be required (for example, a
supervising officer is awaiting information on an approved premises placement) the prison should be
alerted.
• In exceptional cases where a “bespoke” condition is being requested which is not on the specified list,
the request should be submitted to the “Pre Release Team” in the Early Release and Recall Section for
approval before it is submitted to the governor.
• Requests for guidance on the use of licence conditions should be directed to the Early Release and
Recall Section.

Where a supervising officer wishes to remove an additional licence condition, an application should be made
to the governor of the releasing prison. If however, the condition was recommended by the sentencing judge,
the supervising officer must consult with the Early Release and Recall Section before approaching the
governor.

JUDICIAL RECOMMENDATIONS

37. The Criminal Justice Act 2003 provides for sentencing judges to recommend the inclusion of specific
licence conditions when sentencing a determinate sentence prisoner (including those sentenced to an
extended sentence) under the new sentencing provisions. The Secretary of State is required to give due
regard to any such recommendation. The policy is that there is a presumption that wherever possible, all such

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recommendations will be included when releasing a prisoner on licence However, it is accepted that in some
cases, the circumstances of the offender may have changed to such an extent that the concerns upon which
the judicial recommendation was based are no longer relevant or that the Probation Service has concluded
that the condition would be detrimental to managing the offender’s risk. In such cases the Probation Service
must consult with the Early Release and Recall Section to seek authority to omit the judicial recommendation,
while explaining the reasons behind its request. If the Early Release and Recall Section agree to the request
to omit the judicial recommendation, it will write to the sentencing judge to advise him/her of the decision and
will provide reasons.

38. Where a judicial recommendation for a licence condition relating to a victim is not to be included in a
licence, the Probation Area victim contact team should be involved in discussions. The reasons for not
accepting the recommendation should be explained to the victim.

39. The Governor must ensure that any court-recommended licence conditions are sent to the relevant
probation area shortly after the prisoner has been received after sentencing into custody. Chief Officers must
ensure that any court-recommended condition(s) is recorded locally and is considered prior to any type of
release (including HDC and early release on compassionate grounds).

MENU OF ADDITIONAL LICENCE CONDITIONS

40. The menu of additional licence conditions, together with the list of “requirements” as set out in the
Statutory Instrument is set out in the table at Appendix B.

NEW ARRANGEMENTS FOR HANDLING RECALL REQUESTS

41. The Criminal Justice Act 2003 introduces new provisions for recall of determinate sentence
prisoners. These provisions will have a significant impact on the future handling of recall requests. The new
provisions come into force with immediate effect for all prisoners on licence and in the community on
4 April 2005. In practical terms, this means that all breach reports received on or after this date will be dealt
with in accordance with the new procedures set out below.

CONSIDERATION OF THE INITIAL RECALL REQUEST

42. Under the new provisions the Parole Board will no longer be involved in the initial decision whether to
recall determinate sentence prisoners. This decision will be taken by Early Release and Recall Section on
behalf of the Secretary of State.

43. The Early Release and Recall Section will consider all recall requests within 24 hours of receipt.
However, where the probation service believes it is necessary for the protection of the public to return a
prisoner to custody quickly, it should make an “emergency request”. Emergency requests will be actioned
within 2 hours of receipt of all the necessary documentation.

44. Emergency requests will normally be applicable when:

• The offender is subject to MAPPA level 3 arrangements;


• There is current evidence that the offender is considered to present a high or very high risk of serious
harm;
• The prisoner’s behaviour has deteriorated to such an extent that re-offending is believed to be
imminent.

Chief Officers are asked to ensure that when a request for recall is made to the Early Release and Recall
Section, emergency or otherwise, contact details for all officers involved are made clear on the request. The
standard request form for requesting a recall is at Appendix A.

45. This form must be completed in all cases. Failure to do so may result in the recall being
delayed. In some emergency cases, there will not be time to complete the form and information will have to be

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conveyed by phone in the first instance. However, the paperwork should be completed and returned as soon
as possible after the recall has been actioned.

46. Please note that when making a request for a recall, the supervising officer must provide the following
information in the breach report:

MAPPA LEVEL OF RISK

(i) These relate to the levels of risk management of MAPPA offenders contained in PC 25/2003. Level 3
MAPPA offenders, and those managed at level 2, but whose behaviour is leading to an increasing and
unmanageable level of risk, should normally always be recalled on an emergency basis.

THE BREACH

(ii) Specify which condition has been breached. In detailing the breach and it’s circumstances, the officer
must set out any deterioration in behaviour/compliance which has led to an assessment that the risk of harm
or re-offending has increased to an unacceptable level, comment upon the offender’s behaviour and general
response to supervision during the licence period and detail any previous breaches and action taken in
response.
(iii) Any relevant police information/intelligence obtained in accordance with the Joint Protocol and whether
the offender is subject to any other orders of the Court, which may be relevant to their risk management in the
community.
(iv) Any relevant evidence from other agencies.

RISK ASSESSMENT

(v) The results of risk assessment tools already undertaken, including OASys, together with any other
information which might inform an up to date judgement on the likelihood of re-offending and its potential
impact (i.e. the level of harm) at the point of notification/request for recall.

RISK MANAGEMENT PLAN

(vi) Likely future compliance with licence conditions and supervision;

(vii) Future management arrangements, including the use of additional conditions, accommodation,
offending behaviour work, employment opportunities, etc. Where any parts of the plan cannot be immediately
put in place, you will need to give likely timescales. These might influence the timing of any future review or
re-release date.

(viii) Whether the offender needs to undertake further work whilst in custody, in order to facilitate a safe re-
release and, if known, the likely timescale.

(ix) The ACO (or equivalent grade) endorsement (a signature is not required if it delay the processing of
the recall, but the ACO must be named and a contact number must be provided).

47. It is anticipated that some of the above information will not be readily available at the point at which
recall is requested, but should be made available as soon as possible thereafter. The supervising officer
should note that where breach requests do not contain sufficient information on which to take the initial recall
decision, it may be necessary for Early Release and Recall Section staff to go back to the supervising officer
and this could delay taking a decision on whether to recall.

DISCLOSURE

48. The assumption is that any information supplied by the probation service in support of recall will be
disclosed to the offender once he/she has been returned to custody. However, there are arrangements to
withhold particularly sensitive information. This may include details of, or provided by, witnesses or victims or
intelligence supplied by the police or other criminal justice agencies. Guidance on withholding information can

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be found in Probation Circular 13/2003. If there is any concern about whether or not a document should be
withheld please contact the Early Release and Recall Section caseworker for advice.

RECALL DOSSIER

49. A written request for recall forms the basis of the recall dossier, which is served on the Parole Board
when it reviews the case. In addition to the breach report, the following information must be submitted
to the Early Release and Recall Section for inclusion in the dossier:

(i) A copy of the licence,


(ii) Details of any previous convictions,
(iii) The pre-sentence report
(iv) Any other relevant information (such as the summary or extract of recent risk assessments; the
summary, the gist or relevant extract of a MAPPA meeting; or in the case of a prisoner who applied for
parole, the most recent PAR)
(v) A copy of the court form 5089, which will state any recommendations made by the sentencing court
in respect of additional licence conditions.

50. This information should be submitted to the Early Release and Recall Section at the same time as the
recall request. Failure to do so could result in delays in recall action being taken.

CONTACT DETAILS

51. When an emergency request for recall is being made, the supervising officer is asked to be available
for at least 30 minutes after sending the request in order to answer any queries from staff in the Early Release
and Recall Section.

52. Whenever possible, requests for all recalls should be made during the standard office hours for ERRS:
9am-5pm. In every case the probation service should provide the contact details of the local police Single
Point of Contact (SPOC) (including a fax number) so that an arrest can be made as soon as possible. When
the ERRS has issued a revocation notice and informed the police SPOC, they will also inform the supervising
officer of the decision.

53. The request for an emergency recall must always be initiated by a phone call, not by fax, although the
Early Release and Recall Section will request that further details are subsequently faxed through.

54. An Early Release and Recall Section caseworker is on duty in the ERRS office from 9am-5pm every
day (including for HDC only, Saturdays and Sundays in the London office only).

55. The Early Release and Recall Section enforcement casework teams have been re-organised and
teams have each been allocated specific geographic areas to cover. This has been done to facilitate contact
between the Probation Service and ERRS. The contact details of the new teams and the regions they cover
will be issued through area recall liaison officers before 4 April 2005 and will be updated on a quarterly basis
thereafter.

56. However, any breach reports in respect of offenders who are MAPPA level 3 or Level 2 and rising, as
well as those for extended sentence prisoners should continue to be referred to the Early Release and Recall
Section Public Protection Team.

OUT OF HOURS SERVICE

57. Outside these times, an out of hours service operates for emergency recall requests only. To contact
the out of hours service, the supervising officer should contact the Home Office switchboard and give the
reason for the call. The telephone number is 0870 000 1585, option 7 (Prison Service). The switchboard
operator will relay the details of the call to the out of hours officer. On occasions there may be a delay in
responding to the call if the officer is in the process of dealing with an earlier enquiry.

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58. Chief Officers are asked to note that the out of hours service is only to be used to seek emergency
recall in those cases where the ERRS has the authority to intervene and where the offender is thought to pose
an immediate risk to the public. Out of hours officers work from home and have no access to files or electronic
data. Furthermore, they have no contact with other parts of the Home Office.

59. Normally a request for recall out of hours should be made by an ACO or someone of the equivalent
rank. If a junior officer makes the request, he/she must have the prior authority of an ACO.

60. When contacting the out of hours service, the officer must have the details of the offender available, as
well as contact details and a fax number for the local police SPOC to which the revocation order should be
sent.

RECALL FOLLOWING A FURTHER CHARGE

61. When an offender under supervision is charged with an offence committed whilst he or she is on
licence, consideration must always be given to whether there has been a breach of the good behaviour
condition and if so, whether it is sufficiently serious to warrant recall. When considering breach action, the
probation area should disregard the charge, the plea and whether the offender has been remanded into
custody and instead focus upon:

(i) The behaviour of the offender surrounding the incident that resulted in the charge being made;
(ii) Whether the new offence is similar to the one for which the offender is on licence and was originally
sentenced;
(iii) Whether the new offence indicates any rise in the level and immediacy of the risk the offender presents
to others.

If having considered all available information, the supervising officer considers that on balance, there has been
a breach of the good behaviour condition; the presumption must be to request recall. The only exception is
where the breach is considered to be sufficiently minor as to warrant a warning.

DIVERGENCE OF VIEW OVER THE APPROPRIATENESS FOR RECALL

62. Once the Early Release and Recall Section caseworker has received the breach request and relevant
supporting information a decision on recall will be taken. In the event that the Early Release and Recall
Section caseworker disagrees with the Probation Service over the need to breach an offender, they must
discuss the matter with an appropriate manager within the Section, who in turn will discuss the case with the
Probation Service before a final decision is made. In cases where the offender is MAPPA Level 2 rising to
Level 3 or MAPPA Level 3, the Head of Casework or Head of the Public Protection Team will contact the ACO
if there is any disagreement in order to see if a consensus view can be reached. Where it cannot, and the
ACO remains of the view that recall is necessary and appropriate, the Early Release and Recall Section will
act accordingly. In all cases, no decision should be taken within Early Release and Recall Section not
to proceed with a breach report without the prior approval of a manager of at least the HEO grade.

UNLAWFULLY AT LARGE

63. When a decision has been made to recall an offender the revocation order will be signed and copied to
the relevant Probation Service, New Scotland Yard (for inclusion on the Police National Computer) and, where
the contact details are made available, the local police force SPOC. The Early Release and Recall Section
caseworker will monitor progress on the case throughout the UAL period until it has been notified that the
offender has been returned to custody or the caseworker is satisfied that the offender has gone to ground,
normally 14 days from the issue of the revocation order. The Early Release and Recall Section will notify the
Probation Service when the offender is returned to custody, or the case is no longer being monitored.

64. When the offender has been returned to custody, Early Release and Recall Section will issue the
reasons for recall, together with all supporting documentation, to the prison holding the offender, so that the

PC16/2005 – Criminal Justice Act 2003 – Early Release and Recall 11


reports can be served on the offender. The offender will be invited to declare whether he/she will be
submitting representations against recall. The covering note of the recall dossier will strongly advise the
offender to cooperate with his/her supervising officer on the preparation of the risk management plan.

SENTENCE CALCULATION TIME FOLLOWING REVOCATION OF LICENCE

65. On revocation of a licence, the offender will be deemed to be unlawfully at large until their return to
custody. For sentence calculation purposes UAL time is counted from the day after revocation to the day
before they are brought back to custody.

66. In cases where an offender is re-released following representations being accepted by the Parole
Board, they must be released back on licence, with the dates adjusted to reflect any time spent unlawfully at
large.

67. Prisoners sentenced under any provisions other than those of the Criminal Justice Act 2003, will be
released on licence or not, according to the terms under which they were imprisoned. However, if they would
normally be re-released on licence to sentence expiry date (SED), then irrespective of whether the Parole
Board re-release the prisoner before the licence expiry date, the new licence will still run to SED. The
prisoner may then be recalled at any point through the remaining duration of the licence, which may, in some
cases, lead to multiple recalls. This will obviously be the case for offenders sentenced under the 2003 Act,
since they remain on licence for the whole of the second half of the sentence.

PAROLE BOARD REVIEW OF THE RECALL DECISION AND THE PRISONER’S DETENTION

68. The Early Release and Recall Section will aim to present each case to the Parole Board for
consideration within 28 days of the offender returning to custody.

69. The Early Release and Recall Section will notify the Probation Service of the date that the case is due
to be considered by the Parole Board and, at the same time, will notify them if the prisoner has decided to
make representations against recall. Please note that the Probation Service will not be served with a copy of
the prisoner’s representations unless the Parole Board specifically requires it. When the Parole Board reviews
the case, it will be asked to consider the following:

• Was the initial decision to recall the prisoner justified, taking into account the Secretary of State’s
directions on the recall of determinate sentence prisoners and information available both at the time
and subsequent to the decision being taken. If the decision was not justified, can the prisoner be
safely re-released into the community. If so, the prisoner must be re-released immediately, but if
not, the case will be considered as if recall was justified.
• If the decision was justified, the Parole Board must then determine whether to:
o Set a re-release date. This could be immediate or at a future date. Where the Board
decides to re-release straight away, it will usually set the release date as the next but one
working day in order to give the probation service time to make any necessary
arrangements; or
o Set a date for a further review of the prisoner’s detention. This date must be within twelve
months. The Parole Board is required to state what initial information it will need at the
point at which the case is reviewed.

70. The Parole Board may decide not to set a re-release date or a further review date if there is less than
12 months until the sentence expiry date. Where this applies, the prisoner will be released upon the expiry of
the sentence.

71. The assumption is that wherever possible, the Parole Board will look to re-release the prisoner
as soon as it is practicable and safe to do so. In making its decision, the Board will want to be satisfied
that the arrangements for the offender’s supervision are sufficient to manage risk in the community in the

PC16/2005 – Criminal Justice Act 2003 – Early Release and Recall 12


future. Therefore, the risk management plan will play a critical part in determining when the prisoner is re-
released.

72. There will be cases where imminent re-release is not practicable. This will normally be where the
prisoner is assessed as a high risk of committing violent or sexual offences and the likelihood of such re-
offending is unacceptably high; or the prisoner does not present a physical threat, but their behaviour has
deteriorated to such an extent, that re-offending is believed to be imminent. In such cases, it is recognised
that it would be difficult to construct a plan sufficiently robust to manage such a high level of risk.

73. There will also be cases where the prisoner’s response to supervision during the current sentence has
been so poor that it is considered highly unlikely that he/she will be willing or able to comply with future
supervision if re-released on licence. In such cases, it should still be the intention to effect a successful
supervision period wherever possible, and careful consideration will be given by the Parole Board to
information contained within any risk management plan concerning re-release arrangements and the use of
additional licence conditions, even if the preparation of such arrangements ultimately delays release.

74. In all other cases and where the Board is in receipt of a satisfactory risk management plan, the
assumption is that the Board will be able to set a re-release date. However, each case will be considered on
its merits and there are a variety of factors which can influence this decision.

75. The Probation Service will play a critical role in influencing this decision through the preparation of the
risk management plan. Preparation of a risk management plan should commence at the point at which the
prisoner is recalled, although it is recognised that it might not be possible to finalise it until after the prisoner
has been returned to custody. As the plan will be part of the breach report, it will be disclosed to the prisoner,
who will have the opportunity to comment upon its proposals.

76. In some cases, the period left to serve on licence is so short (less than a month) that it renders
implementation of such a plan impractical. Where this is the case, a detailed plan is not required.

77. There will also be instances where, for a variety of reasons, the supervising officer is unable to draw up
an effective risk management plan. Where this is the case, the breach report should include an explanation of
the difficulties and what action the supervising officer is proposing to take to tackle them and how much time
will be needed in order to produce such a plan.

78. In any case, when the supervising officer submits an up to date risk management plan to ERRS, or any
report after the initial breach notification report has been submitted, they must at the same time send a copy
to the holding establishment, requesting that it be disclosed to the offender.

79. Prisoners given a standard determinate sentence may, potentially, be held in custody following recall
until the expiry of their sentence. However, prisoners sentenced under the provisions of the Criminal Justice
Act 1991 must be re-released at the three quarter point of the licence. All such prisoners will be re-released
on licence until their sentence expiry and will continue to be supervised and liable to recall.

EARLY REVIEW

80. Where the Parole Board declines to set a forward release date and instead sets a date for an early
review, there may be a number of factors which influences its decision. It might be that the current risk
presented by the offender is considered to be so high, that safe re-release back into the community could not
be achieved. Alternatively, it might not have been possible for the Probation Area to finalise a risk
management plan or the Parole Board consider that the plan available is inadequate to manage the level of
risk presented by the offender.

81. It is envisaged that where the Board sets a date for a further review of detention, it will specify the
information it will need in time for the review. The Early Release and Recall Section will relate this information
back to the Probation Service and will work with the relevant officers to provide the material in time for the date
of the review. In planning any further reviews, Chief Officers are reminded that staff must factor in the need to

PC16/2005 – Criminal Justice Act 2003 – Early Release and Recall 13


disclose information to the offender before the Board considers it and to allow time for the offender to make
representations.

82. The kind of information required might include:

• The offender may have embarked upon an offending behaviour programme within custody. The
Board may want reports on progress.
• The recall may have resulted in the loss of hostel accommodation (or been prompted by it). The
Board may want information on the availability of a hostel placement or alternative suitable
accommodation.
• The prisoner may be awaiting prosecution for further criminal offences and the Board may decide to
defer consideration until after the outcome is known
• The Board might be concerned that there has been insufficient attention given to the prisoner’s re-
release plans and wishes to review the case once the service has had the opportunity to review
and provide a revised plan for future supervision.

This information will normally be presented in the format of an updated risk management plan.

83. The Probation Service should make every attempt to provide any information requested by the Parole
Board. It should also consider whether to recommend additional licence conditions in order adequately to
manage the risk upon the prisoner’s re-release.

ANNUAL REVIEWS

84. In cases where the Parole Board considers the offender to present such a high risk or that the
likelihood of future compliance is so low that release is not an option and SED is more than 12 months away,
the offender will be entitled to an annual review 12 months later. The Probation Service will be required to
submit a report in the form of a PAR when requested by the prison parole clerk.

SMITH AND WEST JUDGMENT – ORAL HEARINGS

85. The House of Lords has ruled that the Parole Board’s refusal to offer two prisoners, Smith and West,
an oral hearing to consider their representations against recall was a breach of common law procedural
fairness. The Court went on to list circumstances in which an oral hearing might be appropriate:

• There is a dispute over fact;


• The offender offers an explanation for their behaviour or the incident leading to recall
• The reasons for recall need further exploration.

86. The Parole Board will continue to review every case on the papers, as set out above. In cases where it
decides to fix a re-release date, it will not be necessary to offer an oral hearing. In cases where release was
not considered to be appropriate and the offender has declined to make representations, again the Board is
not required to offer an oral hearing. In those cases where the offender has made representations and the
Board declines to release and where it considers that an oral hearing is required in order to establish the facts,
an oral hearing will be offered.

87. At an oral hearing, the offender is entitled to be present and legally represented. The Secretary of
State will sometimes be represented by a member of staff from the Early Release and Recall Section. Both
parties may call witnesses and will have the opportunity to question them, as well as make written and oral
submissions. The panel will usually be a single member of the Parole Board.

88. Supervising officers are required to cooperate with the oral hearing process and provide any additional
information directed by the Parole Board. The Early Release and Recall Section will liaise between the Board,
the Probation Service and the offender’s legal representatives. In some cases the Board will request that a
supervising officer or hostel staff attend the oral hearing and give evidence in person. The Early Release and
Recall Section will notify the relevant probation area and will provide details of the hearing.

PC16/2005 – Criminal Justice Act 2003 – Early Release and Recall 14


89. In cases where the Board’s concern is about the re-release arrangements, as set out in the risk
management plan, it might be possible to provide the additional material in an addendum report, in which case
it may not be necessary to attend the hearing.

90. The Probation Service, Early Release and Recall Section and Parole Board are considering the use of
video and telephone conferencing facilities in order to reduce the need for probation staff to travel to attend
oral hearings, although these facilities are not currently available.

91. Probation Circular 45B/2004 sets out the information required for an oral hearing and the work that will
need to be undertaken by the supervising officer. Any queries relating to an oral hearing should be referred to
the Oral Hearing and Further Review Team, details of which are included in the contact sheet attached at
Annex D.

EXTENDED SENTENCE PRISONERS

92. A request for recall in respect of an offender serving an extended sentence is made through the Early
Release and Recall Section in the same way as any other offender and the arrangements set out above will
apply.

PRISONERS SECTIONED UNDER THE MENTAL HEALTH ACT

93. An offender who has been released from custody on supervision licence, and is subsequently
detained, or sectioned under the Mental Health Act, and is in hospital, may still be considered for recall if there
are sufficient grounds to do so. However, in the circumstances, (and following a successful legal challenge of
this point), the fact that the offender is already detained in a hospital should be noted in the recall request
report. This will enable the Early Release and Recall Section simultaneously to seek the issue of a Section 47
Transfer Direction from the governor of the releasing prison, which will enable the offender to remain in the
hospital while being considered as “in custody” for the purposes of recall.

VICTIMS

94. When an offender is recalled, the probation area responsible for the recall must ensure that the
relevant Victim Liaison Officer or Victim Team are informed. The Victim Liaison Officer or Victim Team will
decide whether the victim or victim’s family should be informed. In some cases there may need to be liaison
with victims in respect of the use of additional licence conditions, although ultimately, it will be a matter for the
supervising officer to determine which additional conditions should be applied for.

INTER AGENCY LIAISON ON RECALL

95. The Recall Forum has been established to oversee and review recall arrangements and working
practices, identifying and tackling information gaps, improve liaison between the relevant agencies involved in
recall and review the collation and dissemination of management information. Each probation area has
identified a Recall Liaison Officer who is invited to attend recall forum meetings. In addition to Recall Liaison
Officers, there are representatives from the ERRS, National Probation Directorate, Lifer Review and Recall
Section, the Parole Board and the Police.

96. The Forum meets quarterly. Officers, who are interested in attending meetings or wish to identify
issues for review, please contact the secretary of the Forum on 020 7217 5417.

97. In addition, the Early Release and Recall Section issue the quarterly Recall Newsletter. This sets out
changes in policy in respect of recall, examples of best practice, provides answers to most frequently asked
questions by the Probation Service and updates progress on outstanding judicial reviews in respect of recalled
prisoners. The Recall Newsletter is disseminated via the Recall Liaison Officers. A list of existing Recall
Liaison Officers is attached at Appendix D. If you wish to submit any articles or questions for the next edition
of the Recall Newsletter please contact the editor, on 020 7217 5417.

PC16/2005 – Criminal Justice Act 2003 – Early Release and Recall 15


TEMPORARY TRAVEL OUTSIDE THE UK AND ISLANDS

General prohibition on travel abroad

98. This guidance replaces previous guidance, in PC 52/97, on temporary travel abroad; the policy, that
offenders on licence should not generally be permitted to leave the UK or Islands, remains unchanged.
Problems have arisen where offenders, or their families, unaware of this general prohibition on travel abroad,
have booked foreign holidays or arranged business trips, and only then been advised that they are not
permitted to leave the country during the currency of their post-release licence. It is important, therefore,
that all offenders are informed about this prohibition as soon as possible, ideally by the prison at the
beginning of the period of imprisonment.

99. The period of post-release supervision on licence forms an integral part of the sentence imposed by
the court. To ensure that offenders remain subject to such supervision, temporary travel outside the UK and
Islands should only be permitted in exceptional compassionate circumstances and not for the purposes
of a holiday, business or recreation. It is a standard condition of a post-release licence that an offender
shall “not travel outside the United Kingdom without obtaining the prior permission of your supervising officer,
which will be given in exceptional circumstances only”. It is this licence condition which provides the legal
authority for the prohibition. This circular provides guidance only on the policy which should be maintained by
probation services when considering requests to travel abroad.

Circumstances in which a request to travel abroad may be considered

100. If there are compelling compassionate reasons to consider a request to travel abroad, for example, to
visit a dying relative or to attend a family funeral, services should not support such requests without obtaining
confirmation of the circumstances and of the address at which the offender will stay.

101. Any travel outside the UK and Islands should be limited to a length of time which would not interfere
with the process of supervision and should not be authorised if the offender’s response to supervision is
causing concern on grounds of risk to the public.

Who may authorise requests

102. Temporary travel outside the UK and Islands should be authorised in line with this guidance by an
officer of at least ACO grade. In cases where the ACO believe the criteria for temporary travel has been met,
it is no longer necessary to refer the case to the Parole Board to seek approval.

Lifers

103. These instructions relating to temporary travel outside the UK and Islands do not apply to Lifers.
Officers should consult the Lifer Manual in cases where an offender on life licence wishes to travel abroad,
seeking advice as necessary from the Lifer Review and Recall Section. Any additional local guidance should
also be consulted.

Temporary travel within the UK and Islands

104. There is no prohibition on temporary travel within the UK and Islands provided that supervision
arrangements continue to meet the requirements set out in National Standards and that the offender complies
with the requirements of his licence: 'permanently to reside at an address approved by your supervising officer
and notify him or her in advance of any proposed stay (even for one night) away from that approved address'.
The duration of any visit will, therefore, be governed by the frequency of contact required by the supervising
officer. Supervising officers need to make it clear to offenders that they should seek the supervising officer's
authorisation for proposals to travel away from home overnight. Supervising officers should, as a matter of
good practice, notify the relevant authority in the jurisdiction to which the offender proposes to travel.

PC16/2005 – Criminal Justice Act 2003 – Early Release and Recall 16


APPENDIX A

GUIDANCE ON THE COMPLETION OF THE REPORT TO THE POST-RELEASE


SECTION FOR REQUEST FOR REVOCATION OF LICENCE OF DETERMINATE
SENTENCE OFFENDERS,
AND REVIEW OF THE RECALL BY THE PAROLE BOARD

INTRODUCTION AND PRINCIPLES:

• On behalf of the Secretary of State, Post-Release Section will make an executive decision on whether to
recall an offender to custody in all cases.
• In the case of an emergency recall, where the offender is assessed as a very high risk of serious harm (the
potential impact is serious and the event is imminent), or in any case where re-offending is assessed as
imminent, Post-Release Section will process the request within 2 hours.
• In all other cases, where the offender is assessed as requiring recall, the request will be processed by
Post-Release Section within 24 hours.
• The Parole Board will review all recall decisions once the offender has been returned to custody (whether
or not they wish to make representations).
• The Parole Board will consider the following:
• whether the recall was justified, given the information available both at the time of
recall, and subsequent to the decision being taken. If the recall is not upheld, the
prisoner must be released immediately
• a re-release date
• a date for further review
• The Parole Board will look to re-release the prisoner as soon as is practicable based on the manageability
of the risks they present in the community.
• The recall provisions aim to provide flexibility, thus providing the Probation Service with an
effective risk management tool.

GUIDANCE FOR COMPLETING THE REPORT FOR REQUEST FOR RECALL AND REVIEW BY
THE PAROLE BOARD (PAGES 1-2)

PROBATION DETAILS
• TELEPHONE NUMBER/FAX NUMBER:

This should be the report author/offender manager’s contact number. Although the Assistant Chief Officer
(ACO) (or equivalent) is accountable for decisions made, the Post-Release Section need effective
communication with the officer writing the report, who should have the necessary information.

• DECISION TO REQUEST REVOCATION:

The date and time at which the Offender Manager, in consultation with the line and senior managers, decides
to recommend recall, must be recorded here and where the recall request is sent to the Post-Release Section.
It must be recorded in order that the Performance Team in Post-Release Section can monitor the start of the
whole system target. The report for request for recall must reach the Post-Release Section within 24 hours

POLICE DETAILS
• SINGLE POINT OF CONTACT (SPOC) AND POLICE RECALL LIAISON OFFICER:

These details will be provided to staff by the ACO for Recall (Recall Liaison Officer [RLO]), following issue of
the Joint National Protocol accompanied by PC05/2007, “Post release enforcement – inter-agency working,
unlawfully at large offenders, and extradition”. The SPOC number and/or email is essential to enable Post-
Release Section to inform the local police so that they can return the offender to custody as efficiently as

PC16/2005 – Criminal Justice Act 2003 – Early Release and Recall 1


possible. The telephone number must be one on which Post-Release Section can make contact outside
normal hours.
Also requested are details of the Police RLO, because the new Performance Team will make contact and
follow up on offenders not notified to Post-Release Section as returned to custody.

• RECOMMENDATION ON RECALL:

Emergency recall will be retained for those offenders who are assessed as a very high risk of serious harm, or
whose supervision has broken down to the point where re-offending is imminent, regardless of the potential for
harm to the public posed by that re-offending.

• MAPPA LEVELS OF RISK MANAGEMENT:

These are the levels of risk management decided upon following the OASys risk of serious harm
assessments. Level 3 MAPPA offenders and those managed at level 2, but whose behaviour is leading to an
increasing and unmanageable level of risk, can be recalled on an emergency basis. The appropriate box can
be completed on screen by following the directions.

GUIDANCE ON THE PROBATION REPORT TO POST-RELEASE SECTION FOR THE


CONSIDERATION OF RECALL AND TO THE PAROLE BOARD CONSIDERING RE-RELEASE
(PAGES 3-7)

CIRCUMSTANCES OF THE BREACH:

Wherever enforcement action is taken according to National Standards, the recall process must be started.
Post-Release Section will act on probation information to initiate the process of licence revocation.

The Parole Board will have the details of any previous reports on recall in the dossier.
• It is important that you identify the particular condition that has been broken. The six standard conditions
and additional specified conditions are detailed in Probation Circular 16/2005.
• In detailing the breach and its circumstances, you must show the deterioration in behaviour/compliance,
which leads you to assess that the risk of serious harm, or re-offending has increased to an unacceptable
level. Whilst the seriousness of the breach is a factor, its importance lies in how it demonstrates the
breakdown of supervision and increasingly risky behaviour of the offender.
• Any general deterioration in behaviour, which undermines the purposes of supervision, should lead to
breach under standard condition which states the offender is ‘to be well behaved’.
• In cases where the offender is charged with a further offence it is important that you explain the behaviour
surrounding the charge, and other behaviour/concerns which lead to your assessment and
recommendation for recall. It is not enough to state that the good behaviour condition in the licence has
been breached by the further charges, which may be dropped at a later stage.
• In considering the information that could evidence deterioration in behaviour and increase in risks, you
should contact the local police force in line with the Joint National Protocol and take into account any police
information/intelligence in the assessment of risk. This should be considered alongside any police
information that was used in pre-release planning, in particular cases outlined in the Protocol.
• Your report will be disclosed to the offender and should be shared with them to inform future supervision. If
your recall request uses evidence from other agencies, or victims, which is sensitive or puts anyone at risk,
you should consider how to present that information.
• Where the offender is managed within the MAPPA framework at level 2 or 3, and there are meeting notes
which could inform the Parole Board’s decision making, it is important that you consider how this
information should be disclosed. MAPPA meeting minutes should not be sent as enclosures but, it may be
useful to the process to incorporate the assessments made in Multi-Agency meetings.
• Post-Release Section will take the decision to recall based on the evidence given of the breakdown of
supervision and increased risk of re-offending, particularly where the risk of serious harm is present.

PC16/2005 – Criminal Justice Act 2003 – Early Release and Recall 2


RISK ASSESSMENT:

This assessment will inform the executive decision to recall, and the Parole Board’s later review of that
decision and considerations on re-release.
• If there is no PSR containing an offence analysis the Parole Board will need a brief analysis of the current
index offence, including issues of harm and culpability.
• You should include the results of risk assessment tools already undertaken, any information from the
Victim Liaison Officer and information from other agencies (including the police) to inform an up to date
judgement on the likelihood of re-offending the individual presents, and the risk of serious harm
presented at the point of notification/request for recall
• It is important to be specific about the increased risks; who is at risk, of what, when and in what
circumstances, so that the risk management plan for re-release can address them.
• There should be a clear separation in your report, between the risk of re-offending in general and
the risk of serious harm, during the period of licence that would remain.

ENDORSEMENT OF RISK ASSESSMENT AND RECALL REQUEST BY LINE MANAGER:

It may not be practicable at this point to include the detailed Sentence Plan/Risk Management Plan,
particularly in cases of emergency recall. Consequently, the line manager should add their comments and
endorse the Risk Assessment and recommendation to recall at this point, so that recall can be processed by
the Post-Release Section.

COMMENTS BY THE SENIOR MANAGER (ACO OR EQUIVALENT):


The ACO’s (or equivalent grade senior manager’s) endorsement can be made verbally where a personal ‘wet’
signature may delay the submission of the report and recall.

The ACO is not only signing the recall off, but is also signing to say that the content and quality of the report
meets the standard expected within the Probation Area. The ACO will also be accountable for the revocation
recommendation given at this stage.

The Post-Release Section officer processing the request will record this as an ACO level
recommendation/decision. The Senior Manager’s name must be inserted for Post-Release Section to contact
when necessary.

TIME, DAY AND DATE

The time, day and date that the report is sent in to the Post-Release Section are now requested. With the
advent of the whole system target on 2nd April 2007, it is imperative that Post-Release Section is able to
report accurately on when the decision to recall the offender was taken, and whether or not the report was
received in Post-Release Section within 24 hours of that decision.

POST-RELEASE SECTION GUIDANCE:

When Post-Release Section have issued the revocation notice and informed the SPOC, they will also inform
the supervising officer responsible for the report, whose telephone/fax number appears on the front.

PC16/2005 – Criminal Justice Act 2003 – Early Release and Recall 3


ENCLOSURES:

‘Form 5089’ is issued by the sentencing Court and contains details of the sentence and any recommendations
given, and goes to the establishment with the prisoner. It is available through the Xhibit Crown Court System
and the CJS Exchange Portal.
PSO 6000, Release, Licence and Recall Manual, issued to the Prison Service requires the establishment to
send the 5089 to the probation service as soon as possible after sentence where the court has recommended
additional licence conditions, so that they can take these into consideration during sentence and pre-release
planning.

SENTENCE PLAN, INCLUDING RISK MANAGEMENT/RELEASE PLAN:

The offender manager must then look to devising an appropriate Sentence Plan/Risk Management Plan for
the Parole Board review, which should take place within 28 days of the offender’s return to custody. The Post-
Release Section will inform the offender manager of the prisoner’s return to custody and a date for review by
the Parole Board. The sentence plan must be completed and sent to the Post-Release Section by day 14 after
the offender’s return to custody, with a copy being sent to the establishment by the offender manager for
disclosure to the offender. Significant changes to the potential risk management/release plan of a high risk of
serious harm offender should be shared by the Offender Manager with the relevant staff in the Offender
Management Unit for sharing with the offender.

Having identified the risks, the sentence plan should address how they can be effectively managed in the
community. Specifically what action can reduce the risk of what event happening, to whom, and how it
will work?
• The Parole Board will need to balance the risks, and the need to protect the public, against the benefits of
future supervision in the community. It will look to re-release as soon as is practicable and safe to do so.
The decision will be based upon whether it is satisfied that the sentence and risk management plans are
sufficient to manage the offender’s risks in the community.
• The factors it will take into account and which will need to be addressed in the risk management plan are:
• Likely future compliance with licence conditions and supervision
• Management arrangements, including the use of additional conditions, accommodation, offending
behaviour, employment opportunities, etc.
• Where any parts of the plan cannot be immediately put in place (e.g. accommodation), you must advise on
what needs to happen, and the likely time scale, in order to effect a successful re-release risk management
plan. These might influence the timing of the next review.
• Where the offender needs to undertake further work whilst in custody, in order to facilitate a safe re-
release, this should be outlined with a timescale if known, as the Parole Board will require an update at any
further review when they will look to re-release.

CONCLUSION AND RECOMMENDATION:

The recommendation must be based on the manageability of the offender.


• The ACO/Senior Manager is accountable for the decision on manageability and the recommendation, and
therefore must endorse them. The signature of the ACO/Senior Manager is also an endorsement as to the
content, quality and standard of the report as submitted.
• The completed form should be faxed to the Post-Release Section by the due date for review by the Parole
Board. The offender manager is also responsible for ensuring a copy is sent to the establishment for
disclosure to the offender.

PC16/2005 – Criminal Justice Act 2003 – Early Release and Recall 4


Appendix B

REPORT FOR THE REQUEST FOR THE


REVOCATION OF LICENCE AND REVIEW
BY THE PAROLE BOARD.

PROBATION DETAILS

Probation Contact:
Probation Area:
Telephone number (Direct Line/Mobile No.):
Fax number:
Decision to request revocation: Day:
Date:
Time:

POLICE DETAILS

Police Single Point of Contact (SPOC):


Fax/Telephone number:
Police Recall Liaison Officer:
Fax/Telephone Number:
OFFENDER DETAILS

Name:
Date of birth:
Ethnic Category:
Prison No.:
Last known address:
Index offence:
Date of offence 1 :
Length of sentence:
Releasing prison:
Issues of Vulnerability in Custody:
Date of last release:
Licence expiry date:
Sentence expiry date 2 :
MAPPA level 3 : 1 2 3

RECOMMENDATION ON RECALL

Emergency recall (within 2 hours): yes / no


Standard recall (within 24 hours): 4 yes / no

Date:

Victim and Safeguarding (Child Protection) Issues (expand in Risk


Assessment Section)

Are there any victims (including children) requiring specific protective actions
yes /no
If Yes – have existing contingency plans including direct notification to Police
where appropriate taken place? Yes/no

If No – detail reason and actions to be taken

In all cases where original offence was for violent or sexual offences resulting
in 12 month or more imprisonment have Victim Unit been informed?
Yes /no
If No, detail the reason and actions to be taken:

1
Please insert the date of the earliest offence committed for which the offender is serving this sentence.
2
Where different to the licence expiry date
3
Where relevant, double click the level box and select ‘checked’
4
Delete as appropriate
PROBATION REPORT TO POST-RELEASE SECTION FOR THE
CONSIDERATION OF RECALL AND TO THE PAROLE BOARD
CONSIDERING RE-RELEASE

The purpose of this Report is to notify the Post-Release Section of a breach of licence, to make
a request for recall, and to inform the Parole Board’s decision making process after the
offender is returned to custody. The report must make an assessment of the risk of serious
harm and of re-offending posed by the offender which will enable the Parole Board to decide
whether to re-release them or review their release at a future date. The Report must address
the following:

THE CIRCUMSTANCES AND DETAILS OF THE BREACH, and the licence conditions
which have been broken. If these were additional conditions, please state whether they were
added at the recommendation of the court at time of sentence.

THE OFFENDER’S GENERAL RESPONSE TO SUPERVISION, including details of


warnings prior to this recall request; earlier breaches and the action taken; previous recalls.
OTHER OFFENDER DETAILS RELEVANT TO THE ASSESSMENT AND
MANAGEMENT OF RISK, e.g. is the offender subject to any other orders of the court (e.g.
SOO, SOPO, Disqualification Order, RSHO); required to notify their details to the police under
relevant legislation (see glossary of terms).

A RISK ASSESSMENT - The Parole Board’s decisions will be based on a current


assessment of the risk of serious harm and the risk of re-offending posed by the offender, as
well as the capacity of any future licence supervision to manage them. Your assessment
should include:
I. A brief analysis of the index offence, the behaviour surrounding the offence and any pattern
of offending.
II. An assessment of the likelihood of any re-offending, during the licence period, using relevant
assessment tools.
III. An explanation of the underlying factors that increase the likelihood of this individual re-
offending, the circumstances in which it is more likely and any immediate triggers.
IV. An assessment of the risk of serious harm presented by the offender at the point of request
for revocation
V. The identification of potential victims.

Name:
Signed:
Date:
• ENDORSEMENT OF RISK ASSESSMENT AND RECALL REQUEST BY LINE
MANAGER

Name:
Signed:
Date:

• COMMENTS BY THE SENIOR MANAGER (ACO OR EQUIVALENT):


Emergency recall requests must have endorsement by the Senior Manager. In particular,
Emergency Out of Hours requests should be undertaken by an ACO (or equivalent grade).

Name:
Signed:
Date:

The signature is not necessary if it delays the process. The name of the Senior Manager
endorsing the request in the form should be inserted here for efficient contact by the Post-
Release Section.

Report sent to Post-Release Section by fax/email

On Day:
Date:
Time:

Please ensure that in cases where an Emergency recall is requested, a named person
(normally the ACO) is available for at least 30 minutes after the request is made on a number
which does not go across to answer phone. If there has been no contact by the Post-Release
Section during that time, the Post-Release Section caseworker should be contacted.

Named contact:
Telephone number:

• ENCLOSURES
Please enclose copies of the following documents.
• The pre-sentence report;
• A list of previous convictions;
• A copy of the licence (and details of any conditions added post-release);
• A copy of Court Form 5089 (Judicial Requirements)
• Witness evidence (where relevant);
• Charge sheets / police evidence (where relevant);
THE SENTENCE PLAN (INCLUDING THE RISK MANAGEMENT OR RELEASE
PLAN) - Your plan should outline how licence supervision on re-release can manage the
specific risks outlined above. Attention should be paid to:
Other agencies involved; Provide a brief outline of the activity of each agency that can be
shared with the offender, cross-reference should be made to any supporting risk management
framework used.
Existing support/controls; In place or can be re-activated if offender is being released into
the community.
Added measures for specific risks; e.g. reference to work with Victim Contact Unit where
appropriate.
Who will undertake the actions and by when; cross reference to any recent or planned
MAPPA meeting.
Additional conditions/requirements to manage the specific risks.
Level of contact; including frequency of home visits.
• CONCLUSION/RECOMMENDATION
RECOMMENDATION FOR RELEASE OR DETENTION IN CUSTODY

• Give a clear recommendation as to whether, based on the plan outlined above,


you consider that the offender should be re-released by the Parole Board.

• Where the offender presents a high or very high risk of serious harm or an imminent risk
of re-offending and this is assessed as not manageable in the community, and there is no
recommendation for release, the reasons must be clearly outlined and countersigned by
the line manager.

Name:
Signed:
Date:

• COMMENTS ON ASSESSMENT AND RISK MANAGEMENT/RELEASE PLAN BY


LINE MANAGER

Name:
Signed:
Date:
• COMMENTS BY THE SENIOR MANAGER:

Name:
Signed:
Sentence Plan sent to Post-Release Section;
Day:
Date:
Time

• ENCLOSURES
Please enclose copies of the following documents that have not been submitted along with
the Breach Notification:

• The pre-sentence report;


• A list of previous convictions;
• A copy of the licence (and details of any conditions added post-release);
• A copy of Court Form 5089
• Witness evidence (where relevant);
• Charge sheets / police evidence (where relevant);
• GLOSSARY OF TERMS

• SOO: Sex Offender Order – A civil order introduced by the Crime and Disorder Act
1998. It contains restrictions on an offender’s behaviour. Breach is a criminal offence,
punishable by up to 5 years imprisonment.

• SOPO: Sexual Offences Prevention Order – A civil order introduced by the Sexual
Offences Act 2003. SOPOs are intended to protect the public from the risks posed by sex
offenders, by placing restrictions on their behaviour. The minimum duration of an order
(as with the SOO) is five years, and there is no upper limit.
• RSHO: The Risk of Sexual Harm Order – Introduced by the Sexual Offences Act 2003, it
is a new civil preventative order against any person thought to pose a sexual risk to
children under 16 years old. It is not necessary for the person to have a prior conviction
for a sexual offence, however they must have exhibited behaviour which the court judges
of such concern that it is reasonable to believe an order is necessary to protect children
from the individual.
• DO: Disqualification Order – Introduced by Paragraph 2 of the Criminal Justice and
Court Services Act 2000 (CJ+CSA 2000) and amended by the Criminal Justice Act 2003.
Individuals convicted of an offence against a child, listed in Schedule 4 of the CJ+CSA
2000, or supplying Class A drugs to a child are liable to disqualification from working with
children. DOs are made at the time of the sentence, in the Senior Court; they are part of
the sentence and apply for life.
Appendix C
Licence Condition Table

REQUIREMENTS LICENCE CONDITIONS ADVICE


1. Contact (a) Attend all appointments arranged for Where a supervising officer requires
Requirement you with [… INSERT NAME …], a an offender to attend upon a
psychiatrist/psychologist/medical psychiatrist/psychologist/medical
practitioner and co-operate fully with any practitioner, he or she must be
care or treatment they recommend. named and must be willing to treat
the offender concerned.

The requirement that an offender


attend a duly qualified medical
practitioner also includes any
reasonable request to undergo drug
counselling.
2. Prohibited Activity (a) Not to undertake work or other It is possible to include conditions,
Requirement organised activity which will involve a which require offenders not to
person under the age of …, either on a access the internet or own a
paid or unpaid basis without the prior computer, although this is a difficult
approval of your supervising officer; condition to monitor and can
normally only be achieved by setting
(b) Not to use a computer or other a blanket restriction on the
electronic device for the purpose of offender’s access to computers.
accessing the Internet or have access to This condition should only be used
instant messaging services or any other where it is necessary and
on line message board/forum or proportionate to manage the risk
community without the prior approval of (such as members of a paedophile
your supervising officer. ring who are known to use the
Internet to distribute indecent
(c) Not to own or use any computer material). Consideration will have to
without the prior approval of your be given to practical exceptions,
supervising officer. such as the use of a computer in a
work environment. Prohibited
activity conditions should always be
subject to the clause “ … without the
prior approval of your supervising
officer”.

Conditions prohibiting the


consumption of alcohol, either on or
off hostel premises are difficult to
enforce and there may be difficulties
in arguing that limited consumption
should always lead to recall. The
condition to be of good behaviour
contains sufficient power to request
recall in those cases where risk is
unacceptable after alcohol
consumption or where an offender
is ejected from an approved
premises for consuming alcohol.
REQUIREMENTS LICENCE CONDITIONS ADVICE

There is no statutory provision to


allow offenders who are released on
licence to be required to comply
with an alcohol test. Therefore,
alcohol testing can only be
conducted with the consent of the
offender, though complying with
alcohol testing can be made a
condition of the hostel rules which
an offender is asked to sign on
entry.

3. Residency (a) To permanently reside at (name and This condition is stronger than the
Requirement address e.g. an approved premises) and standard condition to reside as
must not leave to reside elsewhere approved. The standard condition
without obtaining the prior approval of requires the offender to notify the
your supervising officer; thereafter must Probation Service of his address.
reside as directed by your supervising This condition applies in cases
officer. where the supervising Probation
Area decides it is necessary and
proportionate to direct that the
offender live at a particular address.
Some offenders have in the past
challenged the meaning of the term
‘reside’. Recent court judgments
have confirmed that licence
conditions formulated in terms of
‘you must reside at’ have the clear
effect of requiring that the licensee
spend every night at the place in
questions. It is therefore possible to
insist that offenders stay each night
in a particular address and must ask
for permission to stay elsewhere. If
the offender should spend just one
night away from the classified
address they are in breach of their
licence.
4. Prohibited Residency (a) Not to reside (not even to stay for one Please see comments under
Requirement night) in the same household as any child Residents Requirement. Such a
under the age of … without the prior condition would normally be more
approval of your supervising officer effective if it is combined with a
prohibited contact requirement.

5. Prohibited Contact (a) Not seek to approach or communicate Licence conditions requiring an
Requirement with [INSERT NAME OF VICTIM AND/OR offender not to contact the victim or
FAMILY MEMBERS] without the prior members of the victim’s family
approval of your supervising officer and/or should always include the names of
the name of appropriate Social Services the individuals to whom the ‘no
Department. contact’ condition applies.
REQUIREMENTS LICENCE CONDITIONS ADVICE
(b) Not to have unsupervised contact with In principle there are no legal
children under the age of …. without the difficulties in also inserting licence
prior approval of your supervising officer conditions requiring offenders not to
and [INSERT NAME OF APPROPRIATE contact or associate with children.
SOCIAL SERVICES DEPARTMENT] However, as with all licence
conditions, it should only be used
where it is considered to be both
necessary and proportionate to the
risk involved. Even in those cases
where it is considered appropriate,
consideration may have to be given
to practical exceptions, such as
contact with family members under
the age of eighteen, although even
this may be justified in extreme
cases e.g. if the individual poses a
risk to her/his own children.

The use of such conditions is


normally used to supplement those
conditions which prohibit living or
working with young people.

These conditions are usually


considered in cases where other
conditions are insufficient to protect
children. When considering the
upper age limit of the children to be
protected, probation officers will
have to consider the nature of the
risk and there are no firm rules. For
example, if the only available
approved premises accommodation
allows residents aged 17 and over,
and if the supervising officer is
satisfied the offender presents an
acceptable risk, this might be the
decisive factor.

6. Programme (a) To comply with any requirements These conditions are routinely used
Requirement specified by your supervising officer for to encourage offenders to
the purpose of ensuring that you address participate in offending behaviour
your alcohol/drug/sexual/gambling/solvent programmes.
abuse/anger/debt/prolific offending
behaviour problems that the [NAME OF
COURSE/CENTRE].

(b) Participate in a prolific or other priority


offender project (PPO) [SPECIFY
WHICH] and, in accordance with
instructions given by or under the
authority of your supervising officer attend
all specified appointments with your
REQUIREMENTS LICENCE CONDITIONS ADVICE
supervising officer and any other
agencies for the purpose of ensuring that
you address your offending behaviour for
the duration of the programme.

7. Curfew Requirement (a) Confine yourself to an address The Criminal Justice and Court
approved by your supervising officer Services Act 2000 produced
between the hours of [TIME] and [TIME] provisions to enable the Secretary
daily unless otherwise authorised by your of State to impose an electronic
supervising officer. This condition will be monitoring requirement in support of
reviewed by your supervising officer on a other conditions of a licence
[WEEKLY/MONTHLY/ETC] basis and (Probation Circular 115/2001
may be amended or removed if it is felt refers). This condition is available
that the level of risk that you present has for any prisoner who is notified to
reduced appropriately. the Public Protection and Courts
Unit as a Critical Case under PC
(b) Confine yourself to remain at 19/2004b as well as prisoners who
[CURFEW ADDRESS] initially from are MAPPA Level 3. It is also
[START OF CURFEW HOURS] until available to prisoners being
[END OF CURFEW HOURS] each day, released into the pilot areas set out
and, thereafter, for such a period as may in Probation Circular, which are
be reasonably notified to you by your West Yorkshire, Hampshire and
supervising officer; and comply with such Nottinghamshire. This condition
arrangements as may be reasonably put must be requested through the
in place and notify to you by your Early Release and Recall Section.
supervising officer so as to allow for your Governors do NOT have
whereabouts and your compliance curfew delegated authority to apply this
requirement being monitored [WHETHER condition to licences or notices
BY ELECTRONIC MEANS INVOLVING of supervision.
YOUR WEARING AN ELECTRONIC TAG Any requests in relation to
OR OTHERWISE]. Intensive Supervision and
Surveillance Programme (ISSP)
being used as a condition of licence
for Young Offenders, should be
referred to the Youth Justice Board.
8. Exclusion (a) Not to enter the area of [CLEARLY Requests for exclusion zones must
Requirement SPECIFIED AREA], as defined by the be carefully applied in order to be
attached map without the prior approval of lawful. Once the exclusion is shown
your supervising officer. to be necessary, it is critical to
establish that it is proportionate,
(b) Not to enter [NAME OF taking into account factors such as
PREMISES/ADDRESS/ROAD] without whether, the offender has close
the prior approval of your supervising family who live in the exclusion
officer. area, or where the exclusion would
restrict his ability to work or to visit
(c) Not to enter or remain in sight of any the doctor or dentist. Although the
[CHILDREN’S PLAY AREA, SWIMMING fact that an exclusion condition may
BATHS, SCHOOL ETC] without the prior have this effect might be relevant, it
approval of your supervising officer. is not determinative in deciding
whether the proposed condition is
reasonable. The condition could be
imposed, but the supervising officer
could grant occasional access.
REQUIREMENTS LICENCE CONDITIONS ADVICE

The exclusion area must be defined


precisely. A blanket ban on
entering a large town, for example,
will not always be acceptable. The
zone should be no bigger than is
reasonably necessary to achieve
the objective sought. In order to
define the exclusion area clearly
and precisely as possible, it is
necessary to draw the boundaries
on a map or diagram. The offender
must be in no doubt where the
exclusion zone begins and ends.

More limited exclusion zones may


be used in order to prevent re-
offending, for example, preventing
an offender from entering into an
area where there are nightclubs and
where previous offending has
occurred.

There is a pilot to evaluate


electronic tracking of an offender’s
whereabouts. Tracking is not
available for offenders outside of
the three pilot areas of Greater
Manchester, West Midland and
Hampshire, and may only be
requested through the Early
Release and Recall Section.

9. Supervision (a) Report to staff at [NAME OF Again, these conditions can only be
Requirement HOSTEL/POLICE STATION] at imposed if they are considered to be
[TIME/DAILY], unless otherwise necessary and proportionate to the
authorised by your supervising officer. level of risk presented by the
This condition will be reviewed by your offender.
supervising officer on a
[WEEKLY/MONTHLY/ETC] basis and Conditions requiring compliance
may be amended or removed if it is felt with hostel or other accommodation
that the level of risk you present has rules must be avoided if possible.
reduced appropriately. Such rules are many and varied and
it is difficult to argue that recall is
(b) Provide your supervising officer with always a proportionate response to
details [SUCH AS MAKE, MODEL, any breach. If an offender’s
COLOUR, REGISTRATION] of any consistent refusal to comply with
vehicle you own, hire or have use of, prior rules presents a real risk to staff or
to any journey taking place. other residents, it would be
reasonable to seek to recall him
(c) Notify your supervising officer of any under the condition to be of good
developing personal relationships with behaviour.
women/men.
REQUIREMENTS LICENCE CONDITIONS ADVICE
10. Non- Association (a) Not to contact or associate with It is not possible to insert a general
Requirement [NAMED OFFENDERS] without the prior condition preventing an offender
approval of your supervising officer. from associating with any other ex-
offender. However, it is possible to
require non- association with named
individuals who are linked with
previous offending (for example,
convicted members of a paedophile
ring) or individuals with whom the
supervising officer has good reason
to believe that association could
lead to future offending (for
example, a paedophile who has
forged links with other paedophiles
whilst in prison). In cases where a
person’s offending is not linked to a
restricted number of individuals it is
more difficult to justify a non-
association condition.

Where an offender is associating


with other criminals and there is
reason to believe that the
association is likely to lead
reoffending, the offender could be
breached under the good behaviour
condition.

Although this particular (a) Attend [INSERT NAME AND Any offender who is found to be in
condition is NOT part of ADDRESS], as reasonably required by possession of Class A drugs has
the list of the probation officer, to give a sample of immediately put himself in breach of
‘Requirements’, it is oral fluid /urine in order to test whether the standard condition to be well
open to the Secretary of you have any specified Class A drugs behaved.
State to include it on a (heroin or crack/cocaine) in your body, for
prisoner’s release the purpose of ensuring that you are The focus for a drug testing
licence. However, complying with the condition of your condition should be on those
decisions to include the licence requiring you to be of good offenders on whom it is most likely
condition in a licence behaviour. to have the most impact. Plans are
MUST accord with the being put in place to extend its use
guidance set out in this beyond the initial pilot areas to
particular page of this include any adult Prolific and other
Appendix. Priority Offenders (PPO) who are
subject to licence conditions for
offences committed on or after 4th
April 05 and who were convicted of
a trigger offence under the Criminal
Justice and Court Services Act
2000. Prison Governors will be
advised that drug testing should
only be considered for offenders,
from 1 April 2005, who are identified
as PPOs. Until further guidance is
REQUIREMENTS LICENCE CONDITIONS ADVICE
issued PC 37/2004 refers.
Appendix D

Directions to the Parole Board under Section 239(6) of the


Criminal Justice Act 2003

Where an offender is subject to a custodial sentence, the licence period is an


integral part of the sentence, and compliance with licence conditions is
required. In most cases the licences are combined with supervision by a
probation officer, social worker or member of the Youth Offending Team (the
exception to this is the use of Home Detention Curfew licences for adult
prisoners serving a sentence of less than 12 months).

The objects of supervision are:

• to protect the public;


• to prevent reoffending;
• to ensure the prisoner’s successful reintegration into the community

Review of a Decision Taken by the Secretary of State to Recall an


Offender

Section 254 of the Criminal Justice Act 2003 requires the Parole Board to
review any decision taken by the Secretary of State to recall an offender to
prison. The review will take place once the offender has been returned to
custody. In determining whether the recall was appropriate, the Parole Board
is entitled to take into account the information available at the time the recall
decision was taken, together with any subsequent information, including
representations made by or on behalf of the offender. The Parole Board
should consider whether:

(a) The prisoner’s continued liberty presents an unacceptable risk of a


further offence being committed; or
(b) The prisoner has failed to comply with one or more of his or her licence
conditions; and that failure suggests that the objectives of probation
supervision have been undermined.

In cases where the Parole Board believes that the initial decision to recall was
inappropriate, the prisoner should be re-released as soon as it is practicable
to do so. In determining when to re-release the prisoner, the Parole Board
should satisfy itself that the prisoner presents an acceptable risk to public
safety and that adequate risk management arrangements are in place.

Where a prisoner has been charged for an offence committed whilst subject to
Home Detention Curfew licence, the Board shall additionally take into account
that it is desirable for such a prisoner to be recalled to custody, unless it is
clearly apparent that the conduct that has led the prisoner to being charged
does not merit recall.

The Board’s decision to re-release


The Board has powers to:

• release immediately;
• release at a specified future date;
• review the case again; and
• decline to release (only in cases where the prisoner has less than
12 months to serve before the sentence expires).

The assumption is that the Parole Board will seek to re-release the prisoner or
set a future re-release date in all cases where it is satisfied that the risk be
safely managed in the community. In making this assessment, the Board
should take into account that a risk of sexual or violent offending is more
serious than a risk of other types of offending.

In determining whether to set a re-release or review date, the Parole Board


shall consider:

(a) Whether the risk management plan, prepared by the Probation Service
is adequate to address any potential risk of harm or reoffending
presented by the prisoner during the licence period.
(b) The likelihood, of the offender complying with the requirements of
probation supervision should he or she be re-released during the
licence period. In assessing the likelihood of compliance, the Board
should consider the conduct of the offender during the licence period to
date and the extent to which previous enforcement has influenced such
conduct.
(c) The availability of a suitable release plan, the availability and timing of
any offending behaviour work either in custody or in the community.
(d) The date on which the outcome of any pending prosecution will be
known.
(e) Whether in the interests of public protection the prisoner’s long term
rehabilitation would be better served if the offender were re-released
whilst subject to probation supervision.

The Parole Board shall take into account the fact that prisoners who have
been sentenced under the provisions of the Criminal Justice Act 1991 cannot
be disadvantaged by the recall provisions of the Criminal Justice Act 2003.

Each individual case shall be considered on its own merits, without any
discrimination on any unlawful grounds.
Appendix E

Area Recall Liaison Officer (as of 8 March)


Avon & Somerset rob.wakefield@avon-somerset.probation.gsx.gov.uk
Bedfordshire Lis.Pace@bedfordshire.probation.gsx.gov.uk
Cambridgeshire Andrew.Deller@cambridgeshire.probation.gsx.gov.uk
Cheshire keith.ingram@cheshire.probation.gsx.gov.uk
Cumbria Alan.Gadman@Cumbria.probation.gsx.gov.uk
Derbyshire David.O’Sullivan@derbyshire.probation.gsx.gov.uk
Devon & Cornwall Paul.Lockett@devon-cornwall@probation.gsx.gov.uk
Dorset andy.hutchinson@dorset.probation.gsx.gov.uk
Durham Russell.Bruce@durham.probation.gsx.gov.uk
Dyfed-powys Frances.Rutter@dyfed-powys.probation.gsx.gov.uk
Essex Eric.Ayree@essex.probation.gsx.gov.uk
Gloucestershire Julia.Oulton@gloucestershire.probation.gsx.gov.uk
Gwent Jim.Aherne@gwent.probation.gsx.gov.uk
Hampshire Liz.Ashton@hampshire.probation.gsx.gov.uk
Hertfordshire Lisa.Mathews@hertfordshire.probation.gsx.gov.uk
Humberside Peter.Wright@humberside.probation.gsx.gov.uk
Kent Tracey.Kadir@kent.probation.gsx.gov.uk
Lancashire Ian.Phillips@lancashire.probation.gsx.gov.uk
Leicestershire krystyna.findley@leicestershire.probation.gsx.gov.uk
Lincolnshire Sally.Lewis@lincolnshire.probation.gsx.gov.uk
London Ilid.Davies@london.probation.gsx.gov.uk
Manchester Denise.White@manchester.probation.gsx.gov.uk
Merseyside terry.eastham@merseyside.probation.gsx.gov.uk
Norfolk Martin.Graham@norfolk.probation.gsx.gov.uk
North Wales Matthew.Driver@north-wales.probation.gsx.gov.uk
North Yorkshire Kevin.Robinson@north-yorkshire.probation.gsx.gov.uk
Northamptonshire Roger.Pearse@northamptonshire.probation.gsx.gov.uk
Northumbria deborah.marshall@northumbria.probation.gsx.gov.uk
Nottinghamshire Nigel.Hill@nottinghamshire.probation.gsx.gov.uk
South Wales Tony.Richards@south-wales.probation.gsx.gov.uk
South Yorkshire Janet.Kerr@south-yorkshire.probation.gsx.gov.uk
Staffordshire Sandra.Forrester@staffordshire.probation.gsx.gov.uk
Suffolk martin.garside@suffolk.probation.gsx.gov.uk
Surrey Isobel.Jackson@surrey.probation.gsx.gov.uk
Sussex Arthur.Wing@sussex.probation.gsx.gov.uk
Teesside Isobel.Towsend@teesside.probation.gsx.gov.uk
Thames Valley maxine.myatt@thames-valley.probation.gsx.gov.uk
Warwickshire patricia.johnson@warwickshire.probation.gsx.gov.uk
West Mercia Helen.Allen@west-mercia.probation.gsx.gov.uk
West Midlands Nigel.Byford@west-midlands.probation.gsx.gov.uk
West Yorkshire joan.scott@west-yorkshire.probation.gsx.gov.uk
Wiltshire Mal.Munday@wiltshire.probation.gsx.gov.uk