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UNCLASSIFIED

Probation
Circular

PC25/2007 CASE TRANSFERS – COMMUNITY ORDERS,


SUSPENDED SENTENCE ORDERS AND LICENCES

IMPLEMENTATION DATE: 1 September 2007 EXPIRY DATE: July 2012

TO: Chairs of Probation Boards, Chief Officers of Probation, Secretaries of Probation Boards
CC: Board Treasurers, Regional Managers

AUTHORISED BY: Richard Mason, Head of Offender Assessment and Management Unit
ATTACHED: Annex A: Case Transfer Log
Annex B: Case Transfer Summary
Annex C: Case Transfer Checklist
Annex D: Equality Impact Assessment Form
Annex E: Additional Guidance

RELEVANT PREVIOUS PROBATION CIRCULARS


PC 52/2004, PC06/2007 PC 16/2005, PC 05/2007
CONTACT FOR ENQUIRIES
Bobbie.jones71@homeoffice.gsi.gov.uk or bobbie.jones71@justice.gsi.gov.uk

PURPOSE
This Circular replaces PC52/2004, bringing the guidance in that Circular up to date. It also introduces new
compliance monitoring.

ACTION
Chief Officers are asked to implement this Circular from 1 September 2007. A quarterly report on
compliance should be sent to the NOMS Offender Assessment and Management Unit beginning January
2008 (that is, covering the months of October, November and December 2007).

SUMMARY
This Circular clarifies and reinforces the key principles outlined in PC52/2004 on the management of case
transfers, updating the guidance in light of the implementation of the Criminal Justice Act 2003 and the
NOMS Offender Management Model. As well as reinforcing key principles, for example that there should be
absolute clarity at all times about who is responsible for the case and that public protection is paramount,
the Circular strengthens the concept that objectives within the sentence plan should drive decision making
about case transfer arrangements. The guidance in this Circular is to be applied to case transfers both
within and between Areas. Further detailed guidance for specific offender groups/sentences, including
DRRs, will be prepared and issued by 1 September 2007.

ISSUE DATE – 13 July 2007


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1. Key Principles

1.1.1 The key principles governing the transfer of cases within and between probation Areas
are as follows:

• Public protection should be the overriding consideration in any decision to transfer


a case or direct an offender to reside at another address
• At all times there should be absolute clarity about who the Offender Manager is
and, therefore, who has responsibility for a case
• Case transfer arrangements must be subject to liaison and planning between the
home and receiving offices/areas
• Any decision to transfer the case should take account of and be consistent with the
objectives of the sentence plan.

2. Application

2.1. General

2.1.1. This guidance applies to all cases under the supervision of the probation service in the
community, whether on licence, a community order (CO) or a suspended sentence order
(SSO) (or indeed a pre-CJA03 order). It applies when an offender moves their address
out of the jurisdiction covered by their local probation office regardless of whether the
move is to an address which is within the same Probation Area but covered by a
different office or in a different Area 1 . This is irrespective of whether:

• Accommodation such as Approved Premises 2 , residential drug/alcohol treatment,


is being provided on a time-limited basis
• Enforcement action is pending
• An appeal has been made against sentence
• A revocation hearing is pending
• Little time remains to serve under licence/order
• There are long periods of time between reporting.

2.1.2. This Circular focuses on the core procedures for the management of case transfers that
apply to all cases in the community. However, some additional considerations apply to
certain types of offender or specific sentences, such as offenders with drug rehabilitation
requirements or offenders assessed as presenting a high risk of serious harm. It is not
possible to include all these extra considerations within this Circular. Instead, further
guidance will be prepared and issued by 1 September 2007.

2.2. Special Circumstances


.
2.2.1. The key principles set out above apply in all cases, however special transfer
arrangements apply to the following cases:

• Lifers/IPPs - For life sentence offenders please refer to the Lifer Manual.

1
For the sake of readability this Circular refers throughout to transferring and receiving “areas”
rather than “areas or offices” or “areas/offices”. For transfers within areas please simply read
“area” as “office”.
2
See Section 6 below

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• The National Scheme for Transfer of Critical Public Protection Cases (PC06/07)
provides guidance on the small number of cases where difficulties in the placement
of offenders require national co-ordination through the national scheme brokered
by the Public Protection Unit.
• Case Transfer to other UK Jurisdictions. PC 52/1997 3 concerning the transfer of
supervision to other jurisdictions is being reviewed but see also Cross Border
Transfer of Orders published by the Scottish Executive 2005.
• Pre Release Case Transfer arrangements - guidance is under development and
due to be issued in December 2007

3. Procedures

3.1. Introduction

3.1.1. Many offenders will change address during the course of an Order or Licence either
temporarily or permanently. These moves may be as a result of personal choice or of
circumstances beyond the offender’s control. Some offenders will move or be released
to a new Area to undergo a period of treatment, as a requirement to protect their victim,
or because they are referred to a Voluntary Hostel or Approved Premises. However,
some serious further offences have occurred in cases where offenders have recently
moved between Areas and the discontinuity arising from such moves can present
obstacles to effective offender management. It is therefore critical for public protection
that the process of case transfer is properly planned and implemented.

3.2. General Procedures

• The practice of informal/temporary transfer or ‘care-taking’ must not take place


other than in the one exception outlined in section 6 of this Circular relating to
Approved Premises
• Cases should be managed so as to avoid unplanned offender moves wherever
possible
• A full review of the sentence plan and of risk of serious harm must be undertaken
prior to a planned transfer, as outlined in section 5 below
• Continuity of supervision and ongoing access to interventions should be
maintained wherever possible
• All decisions should be clearly dated and entered into the record of contact.
• Appropriate documentation (see checklist at Annex C) must be received by the
receiving Area within the timescales at paragraph 5.2.5 below. If the
documentation is not received, the receiving Area should pursue this with the
transferring area. They should also record this in their quarterly monitoring return
(See Monitoring Log/Summary at Annex A & B), which will be reviewed in NOMS
annually. See Section 7.

4. The Legislative Position

4.1. Community Orders and Suspended Sentence Orders

4.1.1. Section 220 of the CJA 2003 places a duty on all offenders subject to a CO or SSO to:

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This Probation Circular will be reviewed and updated by 31st March 2008

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• Keep in touch with the responsible officer in accordance with any instructions
given; and
• Notify the responsible officer of any change of address.

4.1.2. The Act does not specify that notification of a change of address must be in advance of
the move nor does it imply that the Offender Manager has any authority to prevent a
move, albeit that they retain the option of returning an order to court for revocation.

4.1.3. Some offenders will be subject to Requirements that specify a place of residence, such
as:

• Residence at a specified address


• Drug Rehabilitation
• Alcohol Treatment
• Electronic Monitoring, or
• Curfew

4.1.4. Henceforth these will be referred to as “residence requirements”.

4.1.5 These Requirements do not prohibit an offender from residing elsewhere provided they
have the prior approval of the Offender Manager and in some instances, e.g. curfew
requirements, the approval of the court as well. It is important that the expectations of
these requirements are made clear to the offender.

4.1.6. Offenders who fail to comply with their requirements, or with the duty imposed by
Section 220, will be subject to relevant enforcement procedures.

4.2. Release on Licence and Notice of Supervision

4.2.1. All licences require offenders to comply with a number of specific licence conditions
including the requirements to:

• Keep in touch with the responsible officer as instructed


• Permanently reside at an address approved by the responsible officer, and
• Obtain the prior permission of the responsible officer for any stay of one or more
nights at a different address.

4.2.2. These conditions do not prohibit an offender from residing elsewhere provided they have
the prior approval of the Offender Manager who must request appropriate variation to
the licence in line with procedures outlined in PC16/2005 and ensure that the Single
Point of Contact (SPOC) in the receiving area’s local police force is notified, in line with
procedures outlined in PC05/07

4.2.3. Offender Managers must take relevant enforcement action in the event that an offender
fails to comply with these conditions 4 .

4
Please Note that Notice of Supervision is enforced through Magistrates’ Courts

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5. Changes of Address

5.1. Planning

5.1.1. As stated in sections 4.1.5 and 4.2.2, offenders on licence and offenders on a CO or
SSO with a residence requirement must seek the prior approval of the Offender
Manager before they change address. The legal situation is different for offenders on
COs or SSOs without a residence requirement. Although the legislation does not require
prior approval in such cases, this Circular promotes the concept that rigorous planning
for any move best supports public safety in all cases. Whilst it would be unreasonable to
oppose a request for a change of address without specific grounds it must be noted that
a request to move may highlight the need for restrictions where they do not already
exist.

5.1.2. Offender Managers should be pro-active in encouraging offenders to plan any changes
of address taking full account of the objectives contained within their sentence plan.
Information about the potential consequences of unplanned/unapproved moves should
be clearly laid out for offenders at induction. Furthermore, their understanding should be
confirmed at regular intervals throughout the Order or Licence. Specific emphasis should
be placed on issues relating to interventions and enforcement. For example, as stated in
paragraph 4.1.2, an Offender Manager cannot prevent an offender from moving if they
are on a CO without a residence requirement. However, if such a move undermines the
objectives of the sentence plan, e.g. by preventing the completion of an intervention, the
Offender Manager could return the order to the court, which in turn may consider
revocation and re-sentence 5 .

5.2. Assessment & Approval

5.2.1. All requests to move should trigger a full review of OASys. Consideration must be
given to the impact of the proposed move on the overall risk management of the
case prior to approval of the transfer

5.2.2. Consideration should also be given to the impact the proposed move would have on:

• The risk management plan


• MAPPA arrangements
• PPO procedures
• Treatment requirements
• Victim issues
• The likelihood of re-offending
• Progress on an intervention/treatment
• Motivation to comply with the sentence plan
• The court’s stated purposes of sentencing
• Amendments required to the Order or Licence
• Any enforcement proceedings already underway

5
In this instance the court is not acting on any breach of the order as there was no requirement to seek approval for a change of
address. However, the court is now saying that, on the advice of the Offender Manager, the order is no longer workable and that
revocation and re-sentence is necessary

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5.2.3. When a case transfer is being made to a neighbouring Area the transferring Offender
Manager should consider the desirability and feasibility of finishing any partially
completed intervention in the transferring Area after the transfer has taken place. If/when
such arrangements are made the case record should clearly detail how information
about the offender’s progress will be exchanged between the key worker in the
transferring Area and the Offender Manager in the receiving Area.

5.2.4. It is critical to good planning that contact is made with the prospective receiving
Area at the earliest point in the process as possible. Communication and liaison
throughout the planning and transitional period are key to protecting the public
and reducing the risk of re-offending.

5.2.5. The minimum expectation is that:

The transferring Offender Manager will:

• Request an assessment by the receiving Area of suitability of the proposed new


address within 5 working days of notification by the offender that s/he wants to
move
• Request confirmation from the receiving Area that appropriate interventions are
available to meet Sentence Plan objectives

The Area receiving the case will:

• Take reasonable steps to confirm the availability and suitability of the proposed
new address, including commenting upon any victim issues. Telephone enquiries
may be sufficient for Tier 1 and 2 cases but home visits must take place where
there is a high risk of serious harm and in cases where the address is relevant to
managing risk e.g. with offenders who present child protection or domestic abuse
concerns.
• Provide confirmation that appropriate interventions are available
• Provide a response to the enquiries made by the transferring area within 5 working
days of receiving the request for assessment

5.2.6. In the event that either the address is deemed unavailable/unsuitable or that the
appropriate interventions are unavailable in the receiving Area this would clearly
present a significant obstacle to approving the proposed move.

5.2.7. If the Offender Manager is concerned that the proposed move is likely to increase the
offender’s risk of serious harm, or if it appears that the motive for the change is to
subvert the aims of the sentence plan, the Offender Manager should review the proposal
with their line manager at the earliest opportunity. If/when a decision is reached not to
approve the proposed move the offender must be notified immediately. The decision, the
reasons for it and the offender’s response to it must be recorded on the case record.

5.2.8. If the offender persists in pursuing the request and is:

• subject to post release licence/notice of supervision or a CO/SSO with a residence


requirement the appropriate enforcement action should be initiated

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• subject to a CO/SSO without a residence requirement the Offender Manager


should attempt to resolve the matter with the offender. If this proves impossible
then the Offender Manager should return the order to court for revocation and re-
sentence. Consideration should be given to requesting that the court includes a
residence requirement in any new CO. The Offender Manager must notify the
offender in writing if s/he intends to follow this course of action.

5.2.9. Approval of case transfer arrangements will be subject to the Offender Manager being
satisfied that risk levels are not increased or that appropriate arrangements are in place
to manage an assessed increase in risk, and that the overall aims and objectives of the
sentence plan will not be compromised by the proposed move.

5.2.10. If the case is assessed as high or very high risk of serious harm the transfer has to be
agreed at senior management level 6 between the two Areas before the process below
can take place. In addition, if the case is being managed at MAPPA level 2 or 3, the
arrangements for transfer must be considered within the MAPPA framework.

5.3. Post Approval & Transition

5.3.1. The transferring Offender Manager must retain responsibility for the management of the
case throughout the period of case transfer.

The transferring Offender Manager will:

• Formally notify the new Area of case transfer and case details immediately upon
approval
• Confirm offender first reporting instructions in line with National Standards
• Undertake a full transfer review of OASys which will include a transfer review of the
sentence plan and a transfer review of the risk management plan
• Ensure that all recording is fully up-to-date
• Complete OASys transfer through the inter Area transfer process
• Send the case records (including, as a minimum, the documents specified in the
checklist at Appendix C) to the receiving Offender Manager within 5 working days
(a copy of the amended Order/Licence to follow upon receipt
• Apply to the Court for an amendment to an Order
• Apply to the Governor or Parole Board for a variation of the Licence or Notice of
Supervision
• Notify police SPOC (Licence Cases only)

The Area receiving the case will:

• Allocate it to an Offender Manager within1 working day for a tier 3 or 4 case, or


within 3 working days for tier 1 and 2 cases

The receiving Offender Manager will:

6
In areas that have appointed Area Managers with designated risk management responsibilities it is acknowledged that these staff
are authorised to undertake this work

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• Notify the transferring Offender Manager of their contact details on day of


allocation whenever possible, but must do so within 2 working days for T3 & T4
cases and 3 working days for all other cases
• Confirm first reporting instructions within National Standards
• Where relevant, notify the victim liaison officer of his or her contact details
• Complete a review of OASys within 5 working days for High/Very High Risk of
Serious Harm & PPO offenders or 15 days for all other offenders
• Notify all other agencies/key workers involved in delivery of the Sentence Plan of
the offender’s transfer into the Area, and make appropriate arrangements for
reporting
• Notify Police SPOC (Licence cases only)

5.3.2. If there is an expectation that the offender will eventually return to the transferring Area
an agreement should be made about how information will be exchanged and
preparations made for the return. Any such return should be dealt with as another
transfer, subject to the procedures outlined above.

5.4. Unplanned Moves

5.4.1. All cases should be managed so as to avoid unplanned offender moves wherever
possible. However there will be occasions when offenders change their address without
the prior approval of the Offender Manager. Offenders subject to COs and SSOs without
residence requirements have a duty to notify their Offender Manager of any change of
address 7 and failure to do so will result in enforcement action being initiated. Offenders
subject to Licences and those subject to COs and SSOs with residence requirements
must first seek the approval of the Offender Manager prior to moving and failure to do so
will result in enforcement action being initiated.

5.4.2. Enforcement action must begin if the offender fails to notify the Offender Manager of
their change of address and/or fails to keep their next appointment.

5.4.3. When enforcement action is required it is the transferring Offender Manager’s


responsibility to initiate and complete proceedings.

5.4.4. If enforcement action is not required the transfer of the case should be managed
according to the process described in section 5.3.1 above insofar as it can be applied

6. Exception to this Guidance: Approved Premises

6.1.1. The policy set out in this Circular is that case transfer must take place when an offender
moves to an address outside their home Area. However, several regions are developing
collaborative approaches to the management of Approved Premises, wherein offenders
are accommodated in out-of-area Approved Premises for short periods of time as part of
their sentence plan, pending a return to their home area. A rigid application of the
approach taken in this Circular would obviously undermine the development of that
regional approach. Therefore, in these specific circumstances and in no others, if the
Offender Manager, with appropriate approval (see below), considers that transfer would
impede the aims of the sentence plan, transfer need not occur. This would be in support

7
OM Standards will introduce a requirement that notification must take place within 6 working days

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of both the Offender Management Model’s principle of continuity and the further
development of regional arrangements for the management and deployment of the
approved premises estate.

6.1.2 This exception only applies when the offender is accommodated within a probation or
voluntary-managed Approved Premises and the placement:

• is within region or in an adjoining area in an adjacent region;


• has specified objectives; and
• is for a maximum period of 3 months.

6.1.3. Any decision to apply this exception is dependent upon the Offender Manager being
actively able to exercise responsibility and accountability for the management of the
offender when the offender is out of Area.

6.1.4. All communication and liaison concerning potential exceptions must be made jointly by
Senior Managers from the transferring and receiving Areas on a case-by-case basis. If
the case is being managed at MAPPA level 2 or 3 (see Paragraph 5.2.10) decisions
must be agreed through the MAPPA process. During the process of reaching an
exception decision, and throughout the period of temporary residence, there should be
absolute clarity about who the Offender Manager is. If an exception decision is made, an
Offender Supervisor must be appointed immediately by the receiving Area, to whom
tasks in relation to the case (though not responsibility for the case) may be delegated.

7. Monitoring Compliance - Recording Area to Area transfers

7.1.1. In 2004 HM Inspectorate of Probation’s Thematic Inspection on Moved Cases


recommended that NOMS should collect information about the number and type of
offenders who are moving so that the scale of the issue can be known and strategic
planning undertaken. This section describes the new process for monitoring transfers.

7.1.2. Areas are asked to keep a log of all cases transferred to and received from other Areas
(see Annex A). Areas are asked to summarise their case transfer log in a summary
report (Annex B) which should be submitted quarterly in July, October, January and April
to the NOMS Offender Assessment and Management Unit at
OMCaseTransfers@justice.gsi.gov.uk. Each summary is to cover the preceding three
months; the July summary covering April May and June, and so on. The Offender
Assessment and Management Unit will use this information to inform the development of
case transfer policy and practice guidance. It will also identify and disseminate examples
of good practice. Each of the appendices contains guidance for completion.

7.1.3. Areas are not required to report on case transfers within their own boundaries but may
feel that monitoring these cases is potentially a useful way of ensuring best practice.

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RESTRICTED
(when completed)

PC25/07 Annex A

CASE TRANSFERS: Log of transfers out

Area

Transfers out

Form 20 Case Ref Area to Date of transfer Form 20 Form 20 H/VH PPO DRR AP If AP - was Has this
Area Code No. Order/Licence Requirement exception transfer
Type s or Licence applied? complied If non-compliant give details
conditions with PC
25/2007
RESTRICTED
(when completed)

PC25/07 Annex A

CASE TRANSFERS: log of cases transfers into

Receipts

Form 20 Case Area from Date of transfer Form 20 Form 20 H/VH PPO DRR AP If AP was Complied
Area Code Ref No. Order/Licenc Requirements exception with PC
If non-compliant give details
e Type or Licence applied? 25/2007
conditions
Guidance for completion of Annex A to PC25/2007

Areas are asked to maintain a log of cases transferred out and received
in. You are asked to enter the required data onto the sheets in this
workbook.
The tab marked " TRANSFER " is the log for transfers OUT of the area.
The tab marked " RECEIPTS " is the log for transfer INTO the area.
Column
A Enter form 20 code
B Enter CRN Number
Date of transfer = Offender Manager appointed in receiving area (not
D date Order/Licence varied)
E Enter Form 20 Order/Licence Type code
F Enter Form 20 Requirements/Conditions Code
G Yes/No drop down
H Yes/No drop down
I Yes/No drop down
J Yes/No drop down
Yes/No drop down. If the placement was to the Approved Premises
K Estate was the exemption described in the PC applied?
Yes/No drop down. Were the principles and procedures outlined in the
PC applied to timescales:
i) did receiving area take reasonable steps to confirm suitability &
L Transfers Out
availability of address and interventions within 5 days
ii) did receiving area notify details of appointed OM and reporting
instructions within timescale for Tier and within National Standards
Yes/No drop down. Were the principles and procedures outlined in the
PC applied to timescales:
L Receipts In
i) Provide fully up to date case records including transfer review of
OASys within 5 days of notification of new OM details
M If non-compliant please provide details
RESTRICTED
(when completed)

PC25/07 Annex B

CASE TRANSFERS: Quarterly summary monitoring

Transfers out of area: insert area here Period

To Number Of which Approved Premises Non - compliance with PC 25/07


of cases
High/Very PPO DRR To approved Exemption Number of Details
High Risk premises applied cases

Avon and Somerset


Bedford
Cambridgeshire
Cheshire
Cumbria
Derbyshire
Devon and Cornwall
Dorset
Durham
Dyfed-Powys
Essex
Gloucestershire
Greater Manchester
Gwent
Hampshire
Hertfordshire
Humberside
Kent
Lancashire
Leicestershire and Rutland
Lincolnshire
London
Merseyside
Norfolk
North Wales
North Yorkshire
Northamptonshire
Northumbria
Nottinghamshire
South Wales
South Yorkshire
Staffordshire
Suffolk
Surrey
Sussex
Teesside
Thames Valley
Warwickshire
West Mercia
West Midlands
West Yorkshire
Wiltshire

Completed by Date
RESTRICTED
(when completed)

Transfer of which PPO PC25/07 Annex B

CASE TRANSFERS: Quarterly summary monitoring

Receipts into area: insert area here Period

From Number Of which Approved Premises Non - Compliance with PC25/07


of cases
High/Very PPO DRR Into approved Exemption Number of Details
High Risk premises was applied cases
Avon and Somerset
Bedford
Cambridgeshire
Cheshire
Cumbria
Derbyshire
Devon and Cornwall
Dorset
Durham
Dyfed-Powys
Essex
Gloucestershire
Greater Manchester
Gwent
Hampshire
Hertfordshire
Humberside
Kent
Lancashire
Leicestershire and Rutland
Lincolnshire
London
Merseyside
Norfolk
North Wales
North Yorkshire
Northamptonshire
Northumbria
Nottinghamshire
South Wales
South Yorkshire
Staffordshire
Suffolk
Surrey
Sussex
Teesside
Thames Valley
Warwickshire
West Mercia
West Midlands
West Yorkshire
Wiltshire

Completed by Date
Guidance for completion of Annex B to PC25/2007

Areas are asked to transfer the information from Appendix A to the


summary sheets on a quarterly basis, and submit to NOMS OM Team in
July, October, January and April.
The tab marked " TRANSFER SUMMARY" is the summary sheet for
transfers OUT of the area.
The tab marked " RECEIPTS SUMMARY" is the summary sheet for
transfer INTO the area.
Column
Column B Number of cases from/to that area
Column C Of those cases how many were high/very high risk
Column D Of those cases how many were high/very high risk PPO
Column E Of those cases how many were DRR
Column F Of those cases how many were transferred to/from approved premises
Column G Of those cases transferred to/from AP how many exemptions were applied
Of all the cases transferred to/from the area on how many occasions did
Column H the transferring/receiving area not comply with the PC
Column I Provide details of non-compliance
Annex C

CASE TRANSFER CHECKLIST

Please note the items on this checklist comprise the minimum that should be
sent in every case.

This checklist should be completed and attached to the papers being transferred

Does this case have a DRR? YES NO

Is this case a PPO? YES NO

Is this case High/Very High Risk? YES NO


Updated Contact Log enclosed YES NO
OASys review for transfer completed and countersigned YES NO
where appropriate
Date of completion
OASys Inter Area transfer process undertaken YES NO
Date of transfer
Notification of Tier enclosed YES NO
Copy breach documentation and supporting evidence YES NO
enclosed
Additional assessments e.g. basic skills enclosed YES NO
Copy of the order/licence/notice of supervision enclosed YES NO
Accredited programme documentation enclosed YES NO
Victim information and documentation enclosed YES NO
(clearly marked as disclosable/non-disclosable)
Offender Manager details enclosed YES NO
Senior Management Endorsement (where appropriate) YES NO
agreed
Annex D

Equality Impact Assessment


Preliminary Screening

Statistics & Research

Gathering Evidence through Community Engagement

Assessment & Analysis

Action Plan

The EIA Report

1
EQUALITY IMPACT
ASSESSMENT
Group
Directorate
Unit

PRELIMINARY SCREENING
Date of Screening 18 June 2007
Name of Policy Writer NOMS OMT
Director General Richard Mason – Head of OAMU

Name of Policy This is a new policy - N


This is a change to an existing
Probation Circular 25/07 policy - Y
Case Transfer Instructions – This is an existing policy – N
Community Cases

Policy Aims, Objectives & Projected Outcomes


The purpose of the circular is to reiterate the key principles (outlined in PC52/2004)
on the management of case transfers, in light of the implementation of the Criminal
Justice Act 2003 and the NOMS Offender Management Model. The circular relates to
community cases only, both within and between probation areas, and also introduces
arrangements for monitoring compliance with case transfer policy.

The policy framework supports the principles that a) there should be absolute clarity
at all times about who is responsible for the case and b) that public protection is
paramount. The concept that objectives within the sentence plan should drive
decision making about case transfer arrangements is strengthened.

Will the policy have an impact on national or local people/staff? NO


Are particular communities or groups likely to have different needs, NO
experiences and/or attitudes in relation to the policy
Are there any aspects of the policy that could contribute to equality NO
or inequality?
Could the aims of the policy be in conflict with equal opportunity, NO
elimination of discrimination, promotion of good relations?
If this is an amendment of an existing policy, was the original policy NO
impact assessed?

If your answer to any of these questions is YES, go on to the full EIA.

If you have answered NO to any particular questions, please provide


explanatory evidence.

If you have answered NO to all of these questions then you must also
attach the following statement to all future submissions that are related to this
policy and ensure it is signed off by senior management. You must also
include this statement within any regulatory impact assessment that is related
to this policy.

2
“This policy was screened for impact on equalities on 18.6.07. The
following evidence has been considered. As a result of this screening, it
has been decided that a full equality impact assessment is not
required.”

Evidence to Support Preliminary Screening

The circular provides a universal framework and set of directions governing


the transfer of cases. It is instructive and is to be applied to all circumstances
in which offenders in the community change address. However, it is not about
the direct delivery of services but rather about Area to Area negotiations on
case management and maintaining clarity regarding lead case responsibility.
The original circular (PC52/04) was written prior to NOMS instigating
comprehensive Equality Impact Assessment procedures.

3
FULL IMPACT ASSESSMENT

STATISTICS & RESEARCH

What relevant quantitative & qualitative data do you have in relation to


this policy?
Please site any quantitative (e.g. statistical research) and qualitative evidence
(monitoring data, complaints, satisfaction surveys, focus groups,
questionnaires, meetings, research interviews etc) of communities or groups
having different needs, experiences or attitudes in relation to this policy area.
Equality Target Areas How does the data identify potential or
known positive impacts?

How does the data identify any potential


or known adverse impacts?
Race
(consider e.g. nationalities,
Gypsies, Travellers,
languages)
Disability
(consider social access and
physical access)

Gender

Gender Identity

Religion and Belief

Sexual Orientation

Age
What research have you considered commissioning to fill any data
gaps?
For example, you may need to ensure quantitative & qualitative data groups
include stakeholders with respect to this policy.
N.B Include any recommendations in your action plan

Who are the stakeholders, community groups, staff or customers for


this policy area?

What are the overall trends and patterns in this qualitative & quantitative
data?
Disproportionality; regional variations; different levels of access, experiences
or needs; combined impacts.

Please list the specific equality issues that may need to be addressed
through consultation (and further research)?

5
GATHERING EVIDENCE THROUGH COMMUNITY ENGAGEMENT

INTERNAL STAKEHOLDER ENGAGEMENT: Consulting & involving Other


Government Departments, Staff, Agencies & NDPBs

Does this policy affect the experiences of staff? How? What are their
concerns?
Staff

Staff Networks &


Associations
Trade Unions

How have you consulted, engaged and involved internal stakeholders in


considering the impact of this proposal on other public policies and
services?
For example your policy may affect access to housing, education, health,
employment services.

What positive and adverse impacts were identified by your internal


consultees? Did they provide any examples?

Feedback the results of this internal consultation and use it as a basis


for work on external consultation

6
EXTERNAL CONSULTATION & INVOLVEMENT

How did your engagement exercise highlight positive and negative


impacts on different communities?
Voluntary
Organisations
Race

Faith

Disability Rights

Gender

Gender Identity

Sexual
Orientation
Age

Feedback the results of your community engagement (i.e. involvement


and consultation) to all participants including internal and external
stakeholders

7
ASSESSMENT & ANALYSIS

Does the EIA show a potential for differential impact on any group(s) if
this proposal is introduced? If Yes, state briefly whether impact is
adverse or positive and in what equality areas.

What were the main findings of the engagement exercise and what
weight should they carry?

Does this policy have the potential to cause unlawful direct or indirect
discrimination? Does this policy have the potential to exclude certain
group of people from obtaining services, or limit their participation in
any aspect of public life?

How does the policy promote equality of opportunity?

How does your policy promote good relations? How does this policy
make it possible for different groups to work together, build bridges
between parallel communities, or remove barriers that isolate groups
and individuals from engaging in civic society more generally?

How can the policy be revised, or additional measures taken, in order for
the policy to achieve its aims without risking any adverse impact?

Are there any concerns from data gathering, consultation and analysis
that have not been taken on board?
Please justify and explain the reason for your decision.

8
9
ENSURING ACCESS TO INFORMATION

How can you ensure that information used for this EIA is readily
available in the future?
(N.B. You will need to include this in your action plan)

How will you ensure your stakeholders continue to be involved/ engaged


in shaping the development/ delivery of this policy?
(N.B. You will need to include this in your action plan)

How will you monitor this policy to ensure that the policy delivers the
equality commitments required?
(N.B. You will need to include this in your action plan)

Now submit your EIA and related evidence for clearance.

10
ACTION PLAN

Recommendations Responsibility Actions required Success Target Date What progress


Indicators has been made?
Data Collection

Publication
Arrangements

Monitoring &
Review
Arrangements
List other
recommendations
that are required

Please ensure that the action plan is agreed by your Director/ Minister

11
THE EQUALITY IMPACT ASSESSMENT REPORT

The EIA report is a concise summary of the results of your EIA work. You should ensure that
you cover the topics described below.

Background:
o Context of policy/programme
o Link to strategic aims and objectives
o Scope of the EIA work (e.g. if linked to previous EIA or work delivered by another
Government Department)

Methodology:
o Approach to data collection and analysis
o Results of consideration of existing evidence

Consultation & Involvement:


o Stakeholder/community involvement in developing proposals
o List of organisations engaged (optional)

Assessment & analysis


o Key Findings from the data collection and community engagement
o Positive impacts: existing or potential
o Adverse impacts: existing or potential

Recommendations
o Describe how you will respond to the key findings by:
o strengthening the potential for positive impact,
o removing areas that may exacerbate or engender adverse impact
o including measures to mitigate any adverse impact that may occur
o including measures that ensure ongoing compliance with statutory obligations
o monitoring arrangements
o ensuring continued public access to information about the policy/programme.
o action plan (optional)

Date of EIA Report

Date of Publication of Results

Ensure that the EIA Report is published on the Home Office website before your
policy/programme is implemented.

12
Additional Guidance
Probation Circular 25/2007

Case Transfers – Community Orders


Suspended Sentence Orders and Licences

Implementation Date: 1st September 2007


Probation Circular 25/2007 – Additional Guidance Case Transfers Community
Orders Suspended Sentence Orders and Licences

CONTENTS

Page

Introduction 3

High/Very High Risk of Serious Harm 4


& Other High Profile Offenders

Referrals to Voluntary Sector Accommodation Providers 6

Substance Misuse Requirements/conditions 7

Prolific and Other Priority Offenders 9

Lost Contact 10

Tables

Relevant Legal Context 11

Planned Moves (who does what & timescales) 13

Unplanned Moves (who does what & timescales) 15

Lost Contact (who does what & timescales) 16

2
Probation Circular 25/2007 – Additional Guidance Case Transfers Community
Orders Suspended Sentence Orders and Licences
INTRODUCTION

The key principles governing the transfer of cases within and between probation
areas are set out in Probation Circular 25/2007. These are as follows:

• Public protection should be the overriding consideration in any decision to


transfer a case or direct an offender to reside at another address
• At all times there should be absolute clarity about who the Offender
Manager is and, therefore, who has responsibility for a case
• Case transfer arrangements must be subject to liaison and planning
between the home and receiving offices/areas
• Any decision to transfer the case should take account of and be
consistent with the objectives of the sentence plan.

The purpose of this document is to provide further and more detailed guidance for
specific groups of offenders/sentences/situations and to provide summarised easy
access versions of the legal context and the key steps and timescales involved in the
transfer process.

The key principles above and the general procedures for the transfer of cases set out
in PC25/07 and are applicable to ALL case transfers of community orders and
licences 1 . However, some categories of offender, types of sentence or specific
situations will require additional considerations.

These are:

• High and Very High Risk of Harm and other High Profile Offenders, including
those:
o Subject to MAPPA management levels 2 or 3 (See also MAPPA
Guidance Section 10).
o Subject to Lifer and Indeterminate Public Protection post release
supervision, including release following recall.
o Have a conviction for an offence listed in Schedule 4 of the Criminal
Justice and Court Services Act
o Are assessed as a continuing risk to children
o Have a conviction for an offence listed in Schedule 15 of the Criminal
Justice Act 2003
o Who cannot return to their home areas
• Referrals to Voluntary Sector Accommodation Providers, including Enhanced
Supervision Beds
• Substance Mis-use (treatment) Requirements/Conditions
• Prolific and Other Priority Offenders (PPO)
• Circumstances of “Lost Contact”

1
Note exception at Section 6 PC25/07

3
Probation Circular 25/2007 – Additional Guidance Case Transfers Community
Orders Suspended Sentence Orders and Licences
HIGH/VERY HIGH RISK OF SERIOUS HARM & OTHER HIGH PROFILE
OFFENDERS

This section is concerned with those offenders who are assessed, using OASys, as
very high/high risk of serious harm and other offenders presenting particular risks.

The case transfer process for all offenders managed at MAPPA levels 2 and 3
must be managed through the MAPPA framework. However, it is the decision of
the Probation Service about whether or not the case should be transferred. When it is
identified that case transfer could take place the transferring area should hold a
MAPPA meeting which will identify the potential risks of harm in the new area and
how these can be addressed.

Case transfer will only be acceptable if all of the considerations outlined in Section 5
of PC25/07 are met and if the risk assessment concludes that the risk management
plan can be sustained at the proposed new address. Paragraph 5.2.7 of PC25/07
addresses the actions required if the Offender Manager considers the move
inappropriate. The transferring Area will ensure that an Assistant Chief Officer
communicates and liaises with an Assistant Chief Officer 2 in the receiving area. The
purpose of this dialogue is to share information about the risks and issues identified,
to confirm that the offender is not subject to victim-related restrictions which cannot
be effectively managed from the proposed new address and that the appropriate
arrangements have been put in place to manage the risks that are posed. All
decisions arising from these discussions should be recorded on the case record.

Once approval for the case transfer of High/Very High Risk offenders is reached both
transferring and receiving Areas must meet the deadlines for post approval and
transition actions set out at Paragraph 5.2.5 of PC25/07. In the case of MAPPA
Levels 2 and 3 the receiving area will call a MAPPA meeting which must be
attended by the offender Manager from the transferring area. In addition a
home visit to ensure the offender is actually resident at the new address
should be undertaken by the receiving area within 14 days of the transfer
taking place. Moreover, given the high risk of serious harm these offenders pose,
the following additional actions are proposed.

The Transferring Offender Manager will:


• E-mail/Fax a covering letter to the receiving Offender Manager with a
summary of the statutory requirements that apply to the offender which
require immediate attention
• Ensure that all MAPPA documentation is transferred through VISOR
where VISOR is available
• Notify Lifer Post Release Case Work Team (Lifers & IPPs only)
• Notify the Critical Public Protection Casework Team at NOMS PPU if the
case to be transferred is a registered CPPPC
• Notify all appropriate professionals/service providers in both the
transferring and receiving Responsible Authorities of the move
• Notify the appropriate Victim Liaison Officer of the move
• Where applicable notify the Electronic Monitoring Contractor of the move
before case transfer takes place

2
In areas that have appointed Area Managers with designated risk management responsibilities it is acknowledged that these
staff are authorised to undertake this work.

4
Probation Circular 25/2007 – Additional Guidance Case Transfers Community
Orders Suspended Sentence Orders and Licences
High/very high risk offenders who cannot return to their home areas

Mutual arrangements should be in place within regions to accommodate and deliver


services to high-risk offenders who cannot return to their area of origin. All areas
need to recognise their responsibility for receiving, as well as transferring, such
offenders. Only where the regional scheme is insufficient and the criteria for referral
as a National Critical Public Protection Case are met (see PC06/2007) will the NOMS
PPU facilitate placement of the offender elsewhere.

5
Probation Circular 25/2007 – Additional Guidance Case Transfers Community
Orders Suspended Sentence Orders and Licences

REFERRALS TO VOLUNTARY SECTOR ACCOMMODATION PROVIDERS

The National Offender Management Service values the contribution of the voluntary
sector in the management and rehabilitation of offenders. The voluntary sector
continues to play a vital role in providing accommodation to offenders. When offender
managers wish to refer offenders to voluntary-managed accommodation projects in a
different Area, they must consult the prospective receiving Area and, as appropriate,
the local MAPPA, before the placement is made. Offenders must not be routed
directly to the accommodation provider. Although it is of course appropriate and
important for Areas first to discuss referrals with accommodation providers, to clarify
such matters as availability and eligibility. However, the offender should be moved
into the accommodation only once the arrangements for case transfer have been
approved.

Langley House Trust ‘Enhanced Supervision Beds’ (ESBs)

Where an offender is placed in an enhanced supervision bed (ESB) in the relevant


Langley House Trust (LHT) project on release from custody, the ‘home’ Area will
remain responsible for arranging move-on accommodation after the placement ends
(whether this is back in the ‘home’ Area or elsewhere if there are victim or media
issues).

For the duration of the placement in the ESB, however, the management of the case
must transfer from the home area to the area in which the LHT project is located –
the receiving area. This means that it is the responsibility of the receiving area to
provide full offender management, in accordance with National Standards, and to
take any necessary enforcement action. If an offender is recalled to custody the
responsibility for managing the case reverts to the home area and the necessary
case transfer arrangements need to be undertaken to facilitate this.

6
Probation Circular 25/2007 – Additional Guidance Case Transfers Community
Orders Suspended Sentence Orders and Licences
SUBSTANCE MIS-USE TREATMENT REQUIREMENT/CONDITIONS

Drug Rehabilitation Requirements (DRRs)

Offender managers need to have particular regard to the specified timescales for
transfer and assessment of offenders whose risk of re-offending is high and who are
subject to complex requirements involving multiple providers. Consistent oversight
and full and prompt information sharing in such cases is essential.

Treatment in the community

ƒ Areas must not refer offenders subject to DRRs directly to community treatment
facilities in other areas without the prior knowledge of the receiving area.
Offenders should only be routed into such facilities once case transfer
arrangements have been approved.
ƒ If it is a planned move the transferring area must make arrangements for the
treatment delivery of the DRR with the receiving area, and ensure a similar
treatment package can be provided without a break in treatment.
ƒ If it is a planned move, and in the unlikely 3 event that a similar treatment package
is not available in the receiving area, the offender needs to be clear that this is
the case. If the offender persists in moving, the transferring area needs to decide
whether the DRR is still workable in the proposed receiving area. Paragraph
5.2.7 of PC25/07 addresses the actions required if the Offender Manager
considers the move inappropriate.
ƒ Some (receiving) areas may have treatment providers who would want to re-
assess offenders’ treatment needs prior to starting treatment. This assessment
should be done within the first five days of the offender’s move. The
transferring area should ensure (as far as possible) that there is no break in an
offenders substitute prescribing treatment.
ƒ The transferring area must ensure that any issues regarding funding are resolved
prior to the transfer. Generally the offender would access the contracted DRR
treatment provision in the receiving area and funding should not be an issue.
ƒ If it is an unplanned move the transferring area should ensure that treatment in
the receiving area is arranged without delay to reduce the risk of relapse, re-
offending and potential harm to the offender.
ƒ If it is an unplanned move and a similar treatment package is not available in the
new area, revocation proceedings should be considered on the grounds that the
DRR may be unworkable. Enforcement action should be the responsibility of the
transferring area.

Treatment in a residential rehabilitation centre

ƒ Any case transfer of an offender on a DRR receiving treatment in a residential


rehabilitation centre must be planned.
ƒ Cases where an offender on a DRR is residing in a residential drug treatment
centre must be held by the area where the residential rehabilitation centre is
located.
ƒ If a residential treatment package on a DRR is being proposed to court, the
proposing area must inform the area where the rehabilitation centre is located,
discuss the case and confirm that funding is being arranged prior to the DRR
being proposed.

3
DRR treatment should be commissioned in line with Models of Care 2006 and as such similar treatment modalities
should be available around the country.

7
Probation Circular 25/2007 – Additional Guidance Case Transfers Community
Orders Suspended Sentence Orders and Licences
ƒ Where out of area residential treatment is arranged before the order starts, the
sentencing court will make the order out to the Local Justice Area (LJA) in the
receiving probation area. 4
ƒ The referring area must ensure that the proposed rehabilitation centre is
approved by the local probation office and the Drug Action Team (DAT).
ƒ If an offender who is already subject to a DRR is going to enter a residential
rehabilitation centre as part of their treatment package (i.e. the offender may
have initially been accessing community treatment on their DRR), the area where
the centre is located must be informed, the case discussed and the centre
approved, prior to any transfer of the DRR. 5
ƒ If an offender either returns to the transferring area or moves to another area,
then the case must be transferred again.
ƒ If an offender has an unplanned exit from a residential treatment centre the area
holding the case (i.e. the area where the centre is located) should, if applicable,
undertake enforcement action.

Alcohol Treatment Requirements (ATRs)

Although there are differences in relation to funding, targets and the availability of
treatment, the general principles relating to the transfer of DRRs also apply to
offenders subject to ATRs.

Substance Mis-use Treatment (with or without residence) Licence Conditions

Although there are differences in relation to enforcement, and may be some variance
regarding funding, targets and the availability of treatment, the general principles
relating to the transfer DRR’s also apply to offenders subject to Licences with
conditions of substance mis-use treatment.

4
This is regarded as a commencement for the purpose of national monitoring and will count towards the receiving
area’s commencement target. If the offender subsequently returns to the original area or moves to another probation
area, the case should be recorded on the monthly DRR monitoring as a transfer.

5
The case transfer of an offender to engage in residential treatment in another probation area during the course of a
DRR should count as a transfer on the monthly DRR monitoring.

8
Probation Circular 25/2007 – Additional Guidance Case Transfers Community
Orders Suspended Sentence Orders and Licences
PROLIFIC AND OTHER PRIORITY OFFENDERS (PPO)

Offender managers need to have particular regard to the specified timescales for
transfer and assessment of offenders whose risk of re-offending is high and who
therefore require consistent oversight. Full and prompt information sharing in such
cases is essential.

Definition of the offender as a PPO

PPO status must be made explicit at the point of transfer. The transferring area must
ensure that the relevant PPO unit is contacted. Where there is any difficulty
identifying this, the OM should contact the lead officer for PPOs in the receiving area.
Lead officers are listed in the ‘PPO Toolkit’ probation intranet, EPIC. 6

There will be cases where a PPO from the transferring area does not meet the
threshold criteria for PPO status in the receiving area. The process and timescales
outlined in PC25/07 and elsewhere must nonetheless be adhered to. The five-day
OASys assessment deadline applies. De-registration of the case as a PPO is a
matter which must be formally considered by the panel or tasking group in the
receiving area which is responsible for registration and de-registration of nominated
individuals. The case should be considered at the earliest opportunity and on the
basis of full information, including an up-to-date assessment. Where an offender is
de-registered as a PPO by the receiving area, careful consideration must be given to
how this is explained to him/her, particularly if any withdrawal of services is implied.
Both the decision and the explanation should be explicitly recorded.

Similar considerations apply where the offender is registered as a PPO in the


receiving area when s/he was not one in the transferring area.

Cross-border offending

Some offenders offend prolifically but not in their home areas, where they are not
designated PPOs. This may be the case, for example, where there is a nearby town
with a shopping centre across a county border. The Home Office PPO Programme
Team has prepared guidance on how these cases should best be handled. 7

Geography may suggest that an intensive service is best provided for a PPO by an
adjacent area. Areas should liaise to ensure that this is achieved either on a quid pro
quo basis or with appropriate sharing of resources. The principle, however, remains
that Offender Management responsibility and accountability remains in the offender’s
home area.

6
http://npsintranet.probation.gsi.gov.uk/index/service_delivery/interventions/noms_probation_intervent
ions_and_substance_abuse_unit/drugs_alcohol_ppos___young_adult_offenders/prolific_and_other_pri
ority_offender__ppo_toolkit.htm
7
The guidance is available on the Crime Reduction website
(http://www.crimereduction.gov.uk/ppo/ppo_guidance_%20on_%20cross_scheme_%20offending_%20nov06.dochttp
://www.crimereduction.gov.uk/ppo/ppo_guidance_%20on_%20cross_scheme_%20offending_%20nov06.doc) and is
reproduced for the PPO Toolkit on EPIC, the probation intranet.

9
Probation Circular 25/2007 – Additional Guidance Case Transfers Community
Orders Suspended Sentence Orders and Licences
LOST CONTACT

It is acknowledged that from time to time offenders fail to comply with Orders or
Licences, including Life Licences, and as a result lose contact with their Offender
Manager despite attempts by the Offender Manager to re-engage. If the offender
moves to another area without advising their Offender Manager during this period
then discontinuity of contact will be exacerbated. In these circumstances
recall/enforcement actions must be initiated. For those offenders who are not
immediately returned to custody upon contact being restored the following
arrangements apply.

Areas should ensure that, wherever possible, when an offender has been out of
contact, the same Offender Manager retains the case until contact with the offender
is resumed. Areas are reminded that records should not be destroyed whilst the
offender remains out of contact.

Contact resumed in a new area

When contact with the offender is subsequently resumed in a new Probation Area:

The new area must:


• Inform the originating probation area that the offender has resumed contact
within 1 working day and advise the offender about the enforcement action
that will be taken

The original area must:


• Undertake a full transfer review of OASys which will include a transfer review
of the sentence plan and a transfer review of the risk management plan
• Re-assess the circumstances of the move and review enforcement actions
underway

Both areas should then proceed according to the guidance in PC25/07.

Contact resumed by notification to original area

When contact is subsequently resumed as a result of the offender advising the


original probation area that s/he has moved to a new area:

The original area must:


• Immediately advise the new area of the offender’s presence in that area
• Obtain 1st Reporting Instructions and advise the offender to report to the new
probation office immediately.

Both areas should then proceed according to the guidance in PC25/07.

MAPPA

When contact is resumed in a new area with offenders who are managed at
MAPPA levels 2 and 3, active management of the case must commence
immediately regardless of how quickly a MAPPP meeting can be arranged.
Both the original and the new areas MUST collaborate in arranging for the
necessary professionals from both areas to attend a MAPPP meeting as soon
as possible but at least within 10 working days.

10
Probation Circular 25/2007 – Additional Guidance Case Transfers Community Orders Suspended Sentence Orders and Licences

PC 25/07 Case Transfer Community Orders, Suspended Sentence Orders & Licences
Relevant Legal Context – General Duties
Responsible Officer’s Duty (except where Offenders Duty
the responsible officer is only responsible for electronic
monitoring)
Community Orders & Suspended Sentence Orders Licences
Section 198 CJA 2003 Section 220 CJA 2003 CJA 1991 & 2003
a) To make any arrangements that
are necessary in connection with a) Keep in touch with his/her Responsible Standard Licence conditions:
the requirement imposed by the Officer in accordance with any
order instructions given a) Keep in touch with the responsible officer
as instructed;
b) To promote the offender’s b) Notify the Responsible Officer of any b) Permanently reside at an address
compliance with those change of residence. The law does not approved by the responsible officer, and
requirements specify that this notification must be in c) Obtain the prior permission of the
advance of the move, nor does it imply responsible officer for any stay of one or
c) Where appropriate to take steps that the OM has any authority to prevent more nights at a different address.
to enforce those requirements a move.

National Standards 2007 (2f.4)


A failure to inform the Offender Manager of a
change of address within 6 working days is
treated as a failure to comply
NOTE: Para 16(5) of Schedule 8 introduces a major difference from the “old” provisions in
that if an Order is made in the Crown Court any application to amend must be made to the
Crown Court unless that Court has directed that amendments are to be dealt with by a
magistrates court

PTO. For Requirements

11
Probation Circular 25/2007 – Additional Guidance Case Transfers Community Orders Suspended Sentence Orders and Licences

PC 25/07 Case Transfer Community Orders, Suspended Sentence Orders & Licences
Relevant Legal Context – Requirements

Requirement Approval of Responsible Officer


Residence 8 Under Section 206 of CJA 2003 the Court may impose a requirement that the offender must reside for a
period specified by the court at a place specified by the court in the order. This does not prohibit the offender
residing elsewhere providing s/he has the prior approval of the Responsible Officer.
8,
Drug Rehabilitation 9 When an offender moves to another local justice area Paragraph 16 (2) of Schedule 8 provides that upon the
8,9 application of the Responsible Officer the court must amend the Order by substituting the new local justice
Alcohol Treatment
Mental Health Treatment
8,9 area except when {Paragraph 16 (3)} the order contains requirements which in the opinion of the court
Activity
8 cannot be complied with unless the offender continues to reside in the original local justice area – in these
Programme
8 circumstances the court may either cancel those requirements or substitute with other requirements of the
8 same kind which can be complied with if the offender ceases to reside in the original area. However
Unpaid Work
Paragraph 16 (4) provides that the court may not amend the Order imposing a programme requirement
unless it appears to the court the programme specified in the requirement is available in the other local
justice area
8
Supervision The court may, and on the application of the responsible officer must, amend the community order by
8 substituting the other Local Justice Area for the area specified in the order.
Prohibited Activity
8,
Attendance Centre 10
11
Curfew The court may, and on the application of the responsible officer must, amend the community order by
11
Exclusion substituting the other Local Justice Area for the area specified in the order.
Note: In circumstances where an offender is subject to electronic monitoring the provider must be notified and arrangements made for reviews of
the equipment to take place

8
The court may also impose electronic monitoring requirement.
9
The treatment specified may or may not be residential.
10
For offenders under 25 yrs only.
11
Electronic Monitoring must be added unless Court prevented from doing so or considers it inappropriate in particular circumstances.

12
Probation Circular 25/2007 – Additional Guidance Case Transfers Community Orders Suspended Sentence Orders and Licences

PC 25/07 Case Transfer Community Orders, Suspended Sentence Orders & Licences
Planned Moves
Assessment & Approval (Paragraph 5.2)

Offender Requests change of All requests to move should trigger a full review of OASys. Consideration must be given to the
address impact of the proposed move on the overall risk management of the case

Transferring Area Receiving Area


Does What? Timescale Does What? Timescale
Request assessment of the suitability of Within 5 working days of Take reasonable steps to Within 5 working days of
the proposed new address & that notification by the offender confirm suitability of address request
appropriate interventions to meet that s/he wants to move and availability of
objectives of sentence plan are available interventions. If unsuitable
confirms reasons to
transferring area in writing
Either:

a) Approves & formally notifies receiving


area/offender of decision, or Immediately upon
confirmation suitability
b) Disapproves & attempts to resolve
situation with offender. If the offender
persists either enforce or revoke & notify
offender in writing

PTO for Post Approval & Transition

13
Probation Circular 25/2007 – Additional Guidance Case Transfers Community Orders Suspended Sentence Orders and Licences

Post Approval and Transition (Paragraph 5.3)

Transferring Area Inform respective SPOCs (Licence


Receiving Immediately
Area
Does What? Timescale cases only) Does What? Timescale
Notify receiving area of case Immediately upon Allocate an Offender Manager • 1 working day for T3 & T4
details and undertake a full approval • 3 working days for T1 &T2
transfer review of OASys 12
and ensure recording up to
date
Confirm reporting instructions Immediately upon Notify transferring area and offender of Immediately if possible, but must
to offender notification receiving area’s offender manager’s be:
contact details and confirm reporting • 2 working days for T3 &T4
instructions • 3 working days for T1 & T2

Reporting instructions must be


within National Standards
Send case records (See 5 working days of Complete review of OASys • 5 days for H/VH offenders or
Appendix C) to receiving area notification of new PPOs
(cc. of amended order/licence Offender Manager • 15 days for all other
to follow) details offenders
Make formal application to Within 10 days Notify all relevant agencies and make Immediately changes in order
amend Order or Licence appropriate arrangements for reporting licence are confirmed

Inform respective SPOCs Immediately Advise VLO offender manager’s Immediately


(Licence cases only) contact details (appropriate cases)
Inform respective SPOCs (Licence Immediately
cases only)

14
Probation Circular 25/2007 – Additional Guidance Case Transfers Community Orders Suspended Sentence Orders and Licences

Probation Circular 25/07 Case Transfer Community Orders, Suspended Sentence Orders &
Licences

Unplanned Moves

WHO TO DO WHAT? WHEN?


Transferring Area If offender subject to Licence or to CO/SSO with
a residence requirement ENFORCEMENT action IMMEDIATELY
should be commenced and proceeded with
accordingly
Offender Notify Offender Manager of change Within 6 working days
Area with whom Notify receiving/transferring area of offender details Same working day if possible and at
st
offender makes 1 and offender’s address by phone or fax latest next working day
contact
• 1 working day for T3 & T4
Receiving Area Allocate offender manager • 3 working days for T1 &T2

Receiving Area Notify transferring area and offender of receiving Immediately if possible, but must be:
area’s offender manager’s contact details and • 2 working days for T3 &T4
confirm reporting instructions • 3 working days for T1 & T2
FOLLOW PROCEDURES AS FOR PLANNED MOVES (Paragraph 5.3.1)

Pto for Lost contact

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Probation Circular 25/2007 – Additional Guidance Case Transfers Community Orders Suspended Sentence Orders and Licences

Probation Circular 25/07 Case Transfer Community Orders, Suspended Sentence Orders &
Licences

Lost Contact

Recall/enforcement action must have been initiated and will be completed by the TRANSFERRING area

Contact Resumed in New Area


Transferring (ORIGINAL) Area Receiving (NEW) Area
Undertake full transfer review Immediately Inform offender of relevant Immediately
of OASys enforcement actions
Assess circumstances of the Immediately Notify offender manager of Within 1 working day
move & carry out necessary resumed contact
enforcement action
For those offenders not immediately returned to custody - both areas proceed as for Unplanned Moves

Contact Resumed in Original Area


Transferring (ORIGINAL) Area Receiving (NEW) Area
Advise new area of offender’s Immediately Provide initial reporting Immediately upon request
presence in their area & request instructions
reporting instructions pending
review
Advise offender of reporting Immediately
instructions and inform of relevant
enforcement actions
For those offenders not immediately returned to custody - both areas proceed as for Unplanned Moves

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