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UNCLASSIFIED

Probation
Circular

PC29/2007 – POST RELEASE ENFORCEMENT - LICENCE


CONDITIONS
IMPLEMENTATION DATE: 31 August 2007 EXPIRY DATE: 31 July 2010

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

AUTHORISED BY: Gordon Davison, Acting Head of Public Protection and Licence Release Unit
ATTACHED: Annex A: Menu of additional standard licence conditions
Annex B: Request for electronically monitored curfew licence condition (EM1) report template
Annex C: Licence decisions matrix
Annex D: Notification of change of circumstances pre release for parole cases report
Annex E: Request for variation of parole & non parole licence report template
Annex F: Indeterminate sentence progress report guidance and template
Annex G: Request for variation of indeterminate licence guidance and report template
Annex H: Cancellation of life licence guidance and report template
Annex I: Termination of IPP licence report template
Annex J: Equality Impact Assessment form

RELEVANT PREVIOUS PROBATION CIRCULARS


PC16/2005
CONTACT FOR ENQUIRIES
akile.osman@justice.gsi.gov.uk or 020 7035 1712
jo.thompson8@justice.gsi.gov.uk or 020 7035 3891

PURPOSE
The purpose of this circular is to set out arrangements for the application of standard and
additional licence conditions for determinate and indeterminate sentence offenders being
released on licence, replacing those set out in PC16/2005.

ACTION
Chief Officers should bring this Circular to the attention of those staff with responsibility for
offender management of licences in the community. Chief Officers should also ensure that
relevant staff have access to the Prison Service Order 6000 (Parole, Release and Recall
Manual) and Prison Service Order 4700 (Lifer Manual).

SUMMARY
This circular contains guidance on:
• Standard licence conditions and the application of non-standard additional licence
conditions;
• The use of additional licence conditions, particularly those relating to exclusion zones,
victim contact and electronic monitoring;
• The process for varying additional licence conditions; and
• The process for the cancellation of the supervision element of a life licence.

ISSUE DATE – 17 August 2007


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Licences

1. The aim of the licence period is to reduce the risk to the public, reduce re-offending and
aid resettlement. The probation service manages offenders on licence so as to protect
the public and uses the time to work on criminogenic factors. It also provides an
opportunity for the effective resettlement of offenders (finding and maintaining
employment, training or education opportunities, housing, and sustaining family ties),
which is fundamental to reducing re-offending. If offenders remained in custody until the
end of their sentence and were then released without the opportunity to assess and
manage their risk in the community, it could potentially increase the risk of re-offending
in the medium to long term.

Standard conditions for determinate sentences

2. Licence conditions for standard determinate sentence offenders sentenced under the
Criminal Justice Act 2003 are set out in Statutory Instrument No. 648 of 2005 (The
Criminal Justice (Sentencing) (Licence Conditions) Order 2005). That Order is also used
as guidance for the licence conditions for determinate sentence offenders who are
entitled to be released under the Criminal Justice Act 1991. The Statutory Instrument
prescribes the wording of the standard conditions of the licence and provides a broad
description of a number of broad “requirements” which may be individually adapted in
order to create valid additional conditions. Any additional condition which does not
seek to impose something from the requirements listed in the Statutory
Instrument should not be applied to a licence without seeking advice from the
Post Release Section and, in the case of offenders given a sentence under the
2003 Act can not be legally enforced.

3. All determinate prisoners released on licence are subject to a set of six standard licence
conditions which are set out below.

i) To keep in touch with your supervising officer in accordance with any instructions
that you may be given;
ii) If required, to receive visits from your supervising officer at your home/place of
residence (e.g. approved premises);
iii) 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;
iv) Undertake only such work (including voluntary work) approved by your
supervising officer and notify him or her in advance of any proposed change;
v) Not to travel outside the United Kingdom unless otherwise directed by your
supervising officer (permission for which will be given in exceptional
circumstances only) or for the purpose of complying with immigration
deportation/removal;
vi) 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.

Standard conditions for indeterminate sentences including life sentences and sentences
of Imprisonment for Public Protection (IPP)

4. Life licences are issued under section 28(5) of the Crime (Sentences) Act 1997. Those

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serving an IPP sentence are also released under the 1997 Act as amended by Schedule
18 to the Criminal Justice Act 2003.

5. All indeterminate sentence offenders are released on a licence that contains seven
standard conditions. Condition 7 relating to good behaviour was added as a standard
condition to all indeterminate licences issued after 16 May 2005. The standard
conditions are set out below.

i) He/She shall place himself/herself under the supervision of whichever


supervising officer is nominated for this purpose from time to time.
ii) He/She shall on release report to the supervising officer so nominated, and shall
keep in touch with that officer in accordance with that officer’s instructions.
iii) He/She shall, if his/her supervising officer so requires, receive visits from that
officer where the licence holder is living.
iv) He/She shall reside only where approved by his/her supervising officer.
v) He/She shall undertake work, including voluntary work, only where approved by
his/her supervising officer and shall inform that officer of any change in or loss of
such employment.
vi) He/She shall not travel outside the United Kingdom without the prior permission
of his/her supervising officer.
vii) He/She shall be well behaved and not do anything which could undermine the
purposes of supervision on licence which are to protect the public, by ensuring
that their safety would not be placed at risk, and to secure his/her successful
reintegration into the community.

Use of standard licence conditions

6. Upon induction at the first supervision appointment following release from custody,
offender managers should clearly explain each condition of the licence and the
consequences of breach. A record should be kept of the offender’s understanding of
what they mean.

“To be of good behaviour” condition

7. The “good behaviour” condition is designed to be a catch all condition that covers a
pattern of behaviour or incident, whether foreseen or unforeseen, which gives rise to an
increase in risk of serious harm or likelihood of reconviction and where no specific
additional conditions have been included on the licence. It will include those issues
covered by civil orders imposed at sentencing and the licence conditions do not need to
repeat those contained in a court order. Similarly the ‘good behaviour’ condition negates
the need for an additional condition requiring an offender residing in Approved Premises
(for example) to abide by hostel rules. A failure to comply with hostel rules and
regulations jeopardises the purposes of supervision and clearly breaches the ‘good
behaviour’ condition and deems the offender unsuitable for residency at approved
premises.

Temporary travel outside the UK

8. Determinate sentence offenders on licence should not generally be permitted to leave


the UK or Islands unless offender managers are satisfied that exceptional circumstances
exist. Probation Circular 04/2006 must be consulted and taken into account before any
decisions are made.

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9. Consideration of a life licensee, or those released after serving a sentence of IPP, to


travel abroad for short periods (including holidays) will be at the discretion of the ACO in
the responsible Area, who must be satisfied that the licensee may be trusted to return
and resume the supervisory period. Any doubt whatsoever should give rise to a refusal
and, if necessary, liaison with the Lifer Team of the Post Release Section for further
advice. In advance of the temporary travel abroad, the Lifer Team require notification of
the country to be visited, dates of travel, purpose of travel and confirmation of whether
permission has been granted.

10. All decisions about temporary absence abroad must be made at ACO level or
equivalent.

Additional licence conditions

11. In addition to the standard conditions, offender managers may recommend the inclusion
or deletion of, or variation to existing, additional licence conditions in line with the
individual circumstances of a case, so as to ensure the protection of the public, the
prevention of re-offending and securing the successful re-integration of the offender into
the community. Prior to release, offender managers should contact the local police force
for information that may impact upon what conditions should be placed upon a licence in
accordance with the “Joint Protocol for Supervision, Revocation and Recall for Offenders
Released on Licence” – Probation Circular 05/2007.

12. An additional licence condition may be inserted only if it is lawful. To be lawful the
condition has to be authorised by the Statutory Instrument. In addition a condition must
comply with Article 8 of the ECHR (the right to respect for private and family life). To be
compatible with that right a condition must be a necessary and proportionate
measure for the purposes of ensuring public safety and/or prevention of crime. In
this context, “necessary” means that the measure adopted must be the appropriate way
of managing a particular risk; and “proportionate” means that the restriction on the
offender’s liberty is the minimum required to manage the risk and that no other, less
intrusive, means of addressing the risk is available or appropriate. It should be noted that
the standard licence conditions already contain sufficient authority to manage most risks
in the community.

13. All additional licence conditions must be taken from the menu of specified licence
conditions at Annex A.

14. Requests for additional conditions may be made only by the offender manager. Although
additional licence conditions may be suggested by others such as the police or via
MAPPA meetings, requests must be channelled through the offender manager. The
offender manager must then decide, in discussion with the managers where appropriate
whether the condition is necessary and proportionate, and whether or not to make a
formal application for the condition to be added to the licence. Prison governors can only
approve requests for licence conditions and do not have the authority to insert licence
conditions that have not been recommended by offender managers.

Victim Contact

15. It is not necessary to have the consent of the victim before applying for an additional
condition preventing contact with a victim. If it is considered that the risk is significant

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and without a non-contact condition the victim would be vulnerable to further harm, such
a condition may be applied in order to protect them and reduce the risk the offender
poses to a manageable level. This may be particularly relevant, though not exclusively
so, in the case of domestic violence offenders for instance.

16. There is no requirement in law for the naming of an individual within additional licence
conditions although it is advisable, where circumstances allow, to do so for clarity and so
the offender understands unequivocally the purpose of the condition. Upon consideration
of the individual circumstances of each case there will be occasions where there are
strong grounds for not naming the victim. Offender managers may apply for an additional
licence condition which states that the offender should ‘not seek to approach or
communicate with the victim [of the index/recall offence – delete as appropriate] without
the prior approval…’

17. A “no contact” condition does not have to be restricted to the victim of the index/recall
offence. It might be entirely appropriate to have a non contact condition for an individual
who is at risk of becoming a victim, or someone who is vulnerable to the particular risk
posed by the offender. It might be the victim of a previous offence is still at risk from the
offender and evidence indicates that the offender may contact/target the victim. Offender
managers need to be able to demonstrate that the additional licence condition relating to
the existing or potential victim is required on the basis of (assessed) risks posed to that
individual or their family. The Victims team in the NOMS Public Protection Unit may be
contacted for further advice.

Exclusion Zones

18. Additional licence conditions relating to exclusion zones prevent an offender from visiting
geographical areas for the period of supervision. This may, though not exclusively so,
involve restriction around schools, addresses of previous victims or locations where the
individual is at risk of drug and/or alcohol misuse. All exclusion zone conditions must be
clearly spelt out, in terms of road boundaries. No exclusion zone should be more than is
genuinely required in terms of managing the risk the offender presents and a map must
be given to the offender (copied to the Parole Board/Prison Governor when applying for
the condition) on release, that sets out the area from which the offender is excluded.

19. In determining the extent of a particular exclusion zone, probation and victim contact
staff may need to establish precise details of where victims’ families live, work, socialise
etc together with similar information about the licensee’s family and lifestyle patterns.
Adopting a blanket ban on a licensee entering a specific county/administrative boundary
may be in breach of ECHR Article 8 and it may raise expectations for the victim that they
will not encounter the offender at all. Where there is Victim Liaison Officer (VLO) it is
important that the offender manager discusses with the VLO how best to structure the
victims expectations while still ensuring their wishes are considered when requesting
exclusion zones. Again, it is important to note that only the offender manager can
request an exclusion zone be added to the licence, and they will ultimately be
responsible for managing the offender within the condition set.

Electronic Monitoring

20. Electronic monitoring (EM) of a curfew as a condition of licence is quite separate from
the condition which is applied to those offenders being released early on the Home
Detention Curfew Scheme. EM with curfew as a condition of a release licence can

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currently be applied only for those determinate sentence offenders being released into
Nottinghamshire, West Yorkshire and Hampshire, and nationally, where the offender has
been identified as being managed as a MAPPA level 3 including Critical Public
Protection Cases (CPPCs). This policy is under review and further advice will be issued
in due course. All requests for EM with curfew as a condition of licence must be applied
for through the Electronic Monitoring Team in Post-Release Section, where the criteria
for application of the condition will be checked. The form EM1 should be used to request
this condition, as attached at Annex B.

21. Where the condition is being applied to an offender who is a MAPPA level 3 or a CPPC,
a protocol must be drawn up, to give details of contact points and actions to be taken in
the event of breach of licence. The protocol will be written by the Operational
Management team in the Post-Release Section who have responsibility for checking
criteria in respect of offenders, where the condition is being applied for, and for
forwarding the case to the Parole Board where necessary. Further details of the process
for applying electronic monitoring with curfew as a condition of licence are set out in
Probation Circular 115/2001.

22. It is not envisaged that electronic monitoring will be used routinely for the release on
licence of lifers or those sentenced to IPP. This is because the risk of harm to public
safety must be reduced to an acceptable level before the Parole Board will authorise
release. In the vast majority of cases there is unlikely to be a need for the additional
safeguard of electronic monitoring following release. However, there may be very
exceptional cases where electronic monitoring is considered advisable as part of the
licence conditions. Caseworkers in the Pre-Release Section must be consulted in such
indeterminate cases.

IT Related Conditions

23. In a number of cases, particularly those involving sex offences, where the offending is
IT, or internet related, it may be considered necessary and proportionate to apply a
condition that relates to use of IT. Consideration of use of such a condition should take
into account the difficulties the offender may face without access to IT, for example in
gaining employment, participating in further education or other courses, and must
consider such issues in light of the level of risk the offender presents. A number of IT
related conditions including a new additional condition relating to photographic
equipment are listed in Annex A.

Bespoke licence conditions

24. There may be exceptional cases where the offender manager is of the opinion, possibly
in liaison with other criminal justice agencies, that in order to manage the risk the
offender presents an additional condition is required which does not appear on the list at
Annex A. For all bespoke conditions, approval must be sought in the first instance from
the Pre or Post-Release Sections. Where offender managers have doubts about the
validity of a request or whether or not the condition falls within the requirements outlined
in the Statutory Instrument, advice may also be sought from the caseworkers in the Pre
Release or Post-Release Sections.

25. In all cases where bespoke conditions are being considered thought needs to be given
to necessity and proportionality as identified in paragraph 6 above as well as how the
condition is to be monitored and enforced. There is little point in proposing a condition

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that is going to be impossible to monitor, and where there would therefore be little in the
way of evidence to support a request for recall, when the standard conditions contain
sufficient authority to manage most situations.

Organised Criminals

26. Bespoke conditions may be requested by offender managers, for offenders who have
been identified as organised criminals. These may be proposed in discussions with the
police (or the Serious Organised Crime Agency), but ultimately the offender manager will
have the responsibility for requesting the condition through the appropriate authority. In
these instances advice should be sought from the Pre or Post-Release Sections.

Requesting additional licence conditions

27. The decision matrix at Annex C outlines the application process and approval of licence
conditions for offenders according to their sentence type.

Variation of conditions of determinate licences

28. The Notification report template at Annex D should be used for any request for additional
conditions to be varied, added or removed for determinate parole cases prior to release
(either after a Parole Assessment Report has been completed and before a Parole
Board decision has been made or after a Parole Board decision has been made and
there has been a change of circumstances). Full reasons for every variation request are
required.

29. Any request for additional conditions to be varied, deleted or removed for determinate
parole or non parole cases at any point post release should be submitted using the
Variation of Parole Licence report template at Annex E to the Post Release licence
variation caseworker, Post Release Section. Full reasons for every variation request are
required.

30. The process for varying indeterminate licences is outlined in paragraph 38 below.

Judicial Recommendations

31. The Criminal Justice Act 2003 provides for sentencing judges to recommend the
inclusion of specific licence conditions when sentencing a determinate sentence prisoner
aged 18 years and over (including those sentenced to an extended sentence). However,
this power does not extend to anyone serving a determinate sentence of detention under
section 91 of the Sentencing Act or section 228 of the 2003 Act (i.e. those given an
Extended sentence of Public Protection (EPP) when aged under 18 years at the point of
conviction).

32. Judicial recommendations can be found within the Court Form 5089, a copy of which
can be obtained from the holding prison establishment. The Secretary of State is
required to give due regard to any such recommendation. There is a presumption that
wherever possible, all such 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

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such cases the Probation Service must consult with the Post-Release Section to seek
authority, and to explain why it would be prudent to omit the judicial recommendation. If
the Post-Release Section agrees to the request to omit the judicial recommendation, the
sentencing judge will be written to, to advise him/her of the decision and provide
reasons.

33. 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.

34. 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).

Progress reports on indeterminate licensees

35. On release every life sentence and IPP offender is supervised in the community by an
offender manager. It is the responsibility of the offender manager to manage those
licensees and report regularly to the Lifer Team in the Post-Release Section on their
progress using the progress report template at Annex F which should be informed by a
recent OASys. Prior to release, the Pre Release Section will notify the ACO of the
supervising probation area the date by which the first progress report is due. The first
progress report should be completed within one month of the date of release. All
progress reports should be sent to the Lifer Team via the ACO (or equivalent).

36. Following consideration of the first progress report, the Lifer Team will determine the
frequency of the future reports - normally at 3 monthly intervals unless otherwise
instructed. The frequency of progress reports can be increased or decreased by the Lifer
Team at any time based on the individual merits of each offender. The frequency of
progress reports should not be confused with the frequency of licensee reporting to the
offender manager. In the latter case, it is the responsibility of the Area to determine the
necessary level of contact.

37. The progress report must contain sufficient information to enable the Lifer Team to
consider whether or not the licensee presents an acceptable risk to remain in the
community – see report completion guidance at Annex F for detail. All indeterminate
licensees should be supervised within the terms of their licence and general risk
management principles. It is advisable to deal with any concerns relating to compliance
by means other than requests for recall to custody, if at all possible. It may be preferable
to consider both oral and written warnings from the offender manager or senior
managers where possible, or request a written warning from the Secretary of State via
the Lifer Team, which can be requested at any time, depending on the circumstances of
the individual case. In all cases where concerns are raised in respect of compliance with
supervision, which may not necessarily lead to a recall request, the lifer team should be
notified as soon as possible via a progress report.

Variation of conditions of indeterminate licences

38. Offender managers may request at any time that additional conditions on a life/IPP

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licence be amended or new conditions be added to the licence post release. The request
must be endorsed by an ACO and, on advice of the Parole Board, the Lifer Team in the
Post Release Section will issue a Variation Order if the request is made post release. If
the request is made prior to release, the relevant team in the Pre Release Section will
share the request with the Parole Board and issue a life/IPP licence accordingly. Full
reasons for every variation request must be provided and it is necessary for the Parole
Board to be consulted in all cases. Any requests of this nature should be sent to the Pre
or Post Release Section in the first instance. The report template and guidance for
requesting the variation of a Life/IPP licence are at Annex G.

Cancellation of supervision element of indeterminate licences

39. Consideration may be given to cancelling the supervision element of the life/IPP licence
and where appropriate any additional conditions of the licence due to good progress
after a minimum of four years of trouble-free existence in the community. For sex
offenders released on life/IPP licence, cancellation will not generally be considered
before 10 years have elapsed. In IPP cases this may coincide with an application for
termination of the release licence.

40. If there are additional conditions on the life/IPP licence, the offender manager will also
need to include any relevant information about those extra conditions and recommend
whether or not the additional conditions should be cancelled. For example, the victim’s
family’s views on the removal of the related condition must be provided in cases where
‘no contact’ conditions are involved. It is possible to cancel all of the supervisory
conditions but retain a non-contact condition or other additional condition for the ongoing
protection and well-being of a victim and/or their relatives. However, the necessity and
proportionality of retaining any non-supervisory condition should always be considered.

41. Cancellation of the supervisory element (conditions 1-7) requires evidence of:
• a stable lifestyle, good integration, a balanced outlook and an open relationship
with the offender manager;
• gradual reduction in the requirement for contact with the Probation Area;
• crises, if any, having been faced and dealt with sensibly, with proper involvement
of the offender manager; and
• where appropriate, an indication that the licensee would turn to the Probation
Area for assistance on a voluntary basis if necessary.

Those arrangements already in place for requesting cancellation of life/IPP licences


remain the same. The report template and guidance for requesting the cancellation of
indeterminate licences are at Annex H.

Reimpostion of life/IPP conditions

42. Following the cancellation of the supervisory element of the life/IPP licence, the
supervisory conditions may be re-imposed at any time should circumstances warrant it,
and in IPP cases providing the licence is still in force. The offender manager should refer
to the lifer post release team a report of any incident involving a life/IPP licensee that
comes to their attention which suggests that the conditions should be re-imposed, or that
the licensee should be recalled to prison. For example, it may be necessary to re-impose
supervisory conditions if there has been a further offence, or the licensee’s domestic
circumstances or mental condition has been unstable but where recall to prison does not
appear to be necessary on grounds of public protection.

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Termination of IPP licences

43. In the case of those offenders released after serving a sentence of IPP, the Criminal
Justice Act 2003 (Schedule 18) provides for the release licence to be terminated by the
parole Board after 10 years in the community, and if not terminated, Parole Board
consideration can take place at yearly intervals thereafter. Applications must be made to
the Lifer Team using the report template at Annex I. Once an IPP licence as been
terminated, the offender will not be subject to recall.

Assistive Technology annexes

44. The report templates at Annexes B, D, E, F, G, H and I are designed to work effectively
with the four core Assistive Technology products. The design of the documents takes the
following format; Document Specific Guidance, Assistive Technology Guidance and
Form/Document Template. If hard copies of the completed reports are required, report
writers are advised to print only the Form/Document Template.

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Annex A

Additional Licence Condition Table

REQUIREMENTS LICENCE CONDITIONS ADVICE


1. Contact (a) Attend all appointments arranged for Where an offender manager
Requirement you with [… INSERT NAME …], a requires an offender to attend upon
psychiatrist/psychologist/medical a psychiatrist / psychologist /
practitioner and co-operate fully with any medical practitioner, he or she must
care or treatment they recommend. be 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 these are
approval of your supervising officer; difficult conditions to monitor and
can normally only be achieved by
(b) Not to use a computer or other setting a blanket restriction on the
electronic device for the purpose of offender’s access to computers.
accessing the Internet or have access to Similarly an additional condition
instant messaging services or any other may prohibit offenders from owning
on line message board/forum or or using a camera or mobile phone
community without the prior approval of with camera functions.
your supervising officer. These conditions should only be
used where it is necessary and
(c) Not to own or use any computer proportionate to manage the risk
without the prior approval of your (such as members of a paedophile
supervising officer. ring who are known to use the
Internet to distribute indecent
(d) Not to own or use any camera or material). Consideration will have to
mobile phone with a photographic be given to practical exceptions,
function without the prior approval of your such as the use of a computer in a
supervising officer. 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
REQUIREMENTS LICENCE CONDITIONS ADVICE
recall in those cases where risk is
unacceptable after alcohol
consumption or where an offender
is ejected from an approved
premises for consuming alcohol.

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’. 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 this
particular licence condition.
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 Residency 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
REQUIREMENTS LICENCE CONDITIONS ADVICE
FAMILY MEMBERS] without the prior members of the victim’s family
approval of your supervising officer and/or should ordinarily include the names
the name of appropriate Social Services of the individuals to whom the ‘no
Department. contact’ condition applies. However,
there may be exceptional
(b) Not to have unsupervised contact with circumstances particular to a case
children under the age of …. without the where the naming of an individual is
prior approval of your supervising officer not appropriate.
and [INSERT NAME OF APPROPRIATE
SOCIAL SERVICES DEPARTMENT] In principle there are no legal
difficulties in also inserting licence
conditions requiring offenders not to
contact or associate with children.
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
refusing in this type of contact may
be justified in certain 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. In terms
of enforcement the wording of the
condition does allow for travelling on
public transport or going to the
shops without breaching the
condition relating to unsupervised
contact.

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, offender managers 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.
REQUIREMENTS LICENCE CONDITIONS ADVICE

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 at 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
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 Unit as a
Critical Public Protection Case
(b) Confine yourself to remain at under PC 06/2007 as well as
[CURFEW ADDRESS] initially from prisoners who are MAPPA Level 3.
[START OF CURFEW HOURS] until It is also 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 Post Release Section. Governors
supervising officer so as to allow for your do NOT have delegated authority
whereabouts and your compliance curfew to apply this condition to licences
requirement being monitored [WHETHER or notices of supervision.
BY ELECTRONIC MEANS INVOLVING Any requests in relation to
YOUR WEARING AN ELECTRONIC TAG Intensive Supervision and
OR OTHERWISE]. 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
REQUIREMENTS LICENCE CONDITIONS ADVICE
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 offender manager
could grant occasional access.

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.

Tracking is currently unavailable


for offenders outside of the three
pilot areas of Greater
Manchester, West Midland and
Hampshire, and may only be
requested through the Post
Release Section.

9. Supervision (a) Report to staff at [NAME OF


Requirement HOSTEL/POLICE STATION] at Conditions requiring compliance
[TIME/DAILY], unless otherwise with hostel or other accommodation
authorised by your supervising officer. rules must be avoided if possible.
This condition will be reviewed by your Such rules are many and varied and
supervising officer on a it is difficult to argue that recall is
[WEEKLY/MONTHLY/ETC] basis and always a proportionate response to
may be amended or removed if it is felt any breach. If an offender’s
REQUIREMENTS LICENCE CONDITIONS ADVICE
that the level of risk you present has consistent refusal to comply with
reduced appropriately. rules presents a real risk to staff or
other residents, it would be
(b) Provide your supervising officer with reasonable to seek to recall him
details [SUCH AS MAKE, MODEL, under the condition to be of good
COLOUR, REGISTRATION] of any behaviour.
vehicle you own, hire or have use of, prior
to any journey taking place. The condition requiring notification
of vehicle details should only be
(c) Notify your supervising officer of any applied for when the offending
developing personal relationships with relates specifically to the use of a
women/men. car and there is a direct causal link.

Conditions relating to the notification


of personal relationships can be
applied as it stands. However,
where known and specific risks are
involved, a blanket ban may be
difficult to justify and it would be
preferable to say whether the
condition relates to males or
females and provide reasons.
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. The name of the offender
must be inserted. 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 to
reoffending, the offender could be
recalled under the good behaviour
condition.
REQUIREMENTS LICENCE CONDITIONS ADVICE
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 This provision is limited to offenders
licence. However, complying with the condition of your defined as ‘prolific and other priority’
decisions to include the licence requiring you to be of good (PPOs) by local Crime and Disorder
condition in a licence behaviour. Reduction Partnerships (CDRPs). It
MUST accord with the is limited by the Secretary of State
guidance set out in this to particular drugs (currently heroin
particular page of this and cocaine/crack cocaine). The
Appendix. condition must be necessary and
proportionate. Beside being PPOs,
offenders MUST be over 18, have a
substance misuse condition linked
to their offending, and have served
their sentence for a ‘trigger offence’
specified by the Criminal Justice
and Court Services Act, s.64 and
Schedule 6 (as amended). These
are (broadly) acquisitive crimes and
class A drugs offences. Details of
the provision are laid out in
PC34/05, 72/05, and 30/06.
RESTRICTED
Form E M 1
Request for an electronically
monitored curfew licence
condition
Annex B
Guidance Notes

Please complete form E M 1 and:

1. Post to the relevant prison establishment and Post Release Section


with a Parole Assessment Report (parole cases only), Pre Sentence
Report and previous convictions.

2. All cases post or fax to:-

Post Release Section


Ministry of Justice
4th Floor Fry Building
2 Marsham Street
London
SW1P 4DF
Fax: 0870 3369134

Detailed guidance on procedures is set down in P C 115/2001

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Guidance Notes For Assistive Technology Users

The following guidelines are for employees who are completing the form
using Assistive Technology.

You are advised to save this form to your local hard drive.

JAWS Users
1. To move through the form
Press ARROW DOWN/UP

2. To access the drop down menu


Press ALT+ARROW DOWN

3. To scroll through drop down menu options and select


Press ARROW DOWN/UP
Press ENTER

4. To select or deselect a check box


Press SPACEBAR

5. Edit Field
Type free text into this type of field

6. Date Field
Dates to be typed in the following format DD/MM/YYYY

-2- RESTRICTED
RESTRICTED

Dragon NaturallySpeaking Users

1. To move through the form


Issue command GO TO NEXT FIELD/PREVIOUS FIELD

2. To access the drop down menu


Issue command OPEN LIST

3. To scroll through drop down menu options and select


Issue command MOVE DOWN/UP 1
Issue command PRESS ENTER

4. To select or deselect a check box


Issue Command PRESS SPACEBAR

5. Edit Field
Dictate free text into this type of field

6. Date Field
Dates to be dictated in the following format DD/MM/YYYY

-3- RESTRICTED
RESTRICTED

Spell Checking

The form has a level of protection applied to it in order to aid completion.


This level of protection is required to be removed in order to use spell
checking or using reading facilities.

Use the following menu’s to activate the Form Toolbar

• View Menu

• Toolbars

• Forms

The Forms toolbar will now be added to the Word Menu bar.

Using the Protect Form icon both protects and un-protects the document.

Please note: - If the Tools menu is used to perform this function, data within
the document will be lost.

Alternatively to activate the Protect Form Button on the Forms Toolbar


using the keyboard, press the ALT key by itself, followed by CTRL+TAB
three times.
Once this is done, press TAB repeatedly until the Protect Form button is
reached and press ENTER to select or unselect it.

-4- RESTRICTED
RESTRICTED
Form E M 1
Request for an electronically
monitored curfew licence
condition
Annex B
THIS FORM IS A RESTRICTED DOCUMENT

Name:
Date of Birth:
Prison Number:

Proposed Release Address:


Type of Accommodation: Please select from list
Index Offence:
Date of Release:

C P P C Case? Yes No
If Yes: Date Public Protection Unit Notified:
If No:Indicate Probation Area Please select from list

Sentence Length:
Type of Release: Please select from list
If Other, please specify:

Previous Convictions attached: Yes No


Pre-sentence report attached: Yes No
Minutes of last MAPP Panel meeting attached: Yes No
MAPPA Level: Please select from list

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1. Has the owner of the proposed curfew address given consent to the
installation of the monitoring equipment?
Yes No

2. Does the address have a telephone line?


Yes No Telephone Number :

If Yes, Is the telephone line free from an answering machine, call waiting
and internet facilities?
Yes No

3. If the release address is a hostel, please provide details of the staff cover
and security arrangements.

4. What are the proposed curfew hours that need to be electronically


monitored?

5. Why do these hours need to be subject to curfew?

6. Why do you consider it appropriate for the curfew to be electronically


monitored?

7. Does the offender pose any risk to the electronic monitoring contractors?
(in terms of staff numbers or gender that are required to attend the curfew
address for installing the equipment or is the offender anti-
uniform/authority)

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Name:
Grade:
Probation Area:

Signed: Date:

Endorsement by Senior (Team Manager) Probation Officer

Name:

Signed: Date:

-7- RESTRICTED
Annex C
LICENCE CONDITIONS MATRIX

SENTENCE RELEASE HOW TO APPLY FOR LICENCE CONDITIONS WHO APPROVES


Home Detention Up to 135 days before the Offender managers may request additional licence The additional conditions are subject to
Curfew (HDC) halfway point of conditions within the HDC3 Home Suitability the approval of the prison governor.
determinate sentence. Assessment report as part of the risk assessment
and management plan for eligible offenders serving
determinate sentences who are subject to
supervision on release
CJA 1991 Release of offenders There is no statutory probation supervision and no Not applicable.
determinate serving up to 12 months is licence conditions. The two exceptions to this are
sentences of up to automatic at the halfway those released on HDC when the HDC home
but not including 12 point. circumstances investigation and report are the
months responsibility of the offender manager or where a
young offender is released on the statutory three-
month ‘notice of supervision’ licence under section
65 of the Criminal Justice Act 1991. This licence
ensures that young people (i.e. those aged under
22 years and who are being released from a term
of detention in a Young Offender Institution or
under Section 91 of the Powers of Criminal Courts
(Sentencing) Act 2000) are subject to a minimum
of three-months’ supervision upon release,
irrespective of their sentence expiry date.
Criminal Justice Act Released on licence at the Requests for additional conditions are approved by Any variation of conditions post release
1991 determinate halfway point of sentence the prison governor of the releasing establishment may also be approved by the prison
sentences of 12 and subject to supervision using the PD1 report. governor.
months or more but until the three quarter point
less than 4 years for of sentence.
offences committed
prior to 4 April 2005.
Criminal Justice Act Automatic release is at the Requests for additional conditions, with supporting The additional conditions must be
1991 determinate two-third’s point of reasons, should be made either within the risk approved by the Parole Board in order
sentences of 4 years sentence (parole eligibility management plan of a Parole Assessment to enable the prison acting on behalf of
and over but under from the halfway point of Report (PAR), or in a separate report if the the Secretary of State to include them.
15 years sentence or at subsequent prisoner is going to be released on their Non
annual reviews), subject to Parole Date (NPD). Post release, the Parole Board must be
supervision until the three- Where an offender’s change of circumstances consulted in order to vary or add further
quarter point of sentence. result in a revised risk management plan and a conditions and any requests should be
change to licence conditions, the Parole Board made to the Post Release determinate
must be notified. This can occur either after a PAR licence variation caseworker using the
has been submitted and before the Parole Board Post Release variation report at
has considered the case, or in the intervening Annex D.
period between the Parole Board hearing and the
release of the offender. A change in
circumstances, risk assessment and risk
management plan including licence conditions
should be notified using the Notification report
template at Annex C – Probation Circular 15/2006
also refers.
Criminal Justice Act The Parole Board makes a Requests for additional conditions should be made The additional conditions must be
1991 determinate recommendation about within Parole Assessment Reports through the referred to the Parole Board for
sentences of over 15 release to the Secretary of usual parole process or in a separate report (PD1) consultation. Upon receipt of the Parole
years or more State who is responsible to the parole clerk at the prison if the prisoner is to Board’s recommendation, the Pre
for the parole decision be released at their NPD. Release Determinate casework team
although parole cannot be takes the final decision on licence
awarded without a positive conditions.
recommendation from the
Board.
Criminal Justice Act Release is automatic at the Requests for additional conditions should be made The prison governor is responsible for
2003 Standard halfway point of sentence within PD1s. approving requests for additional
Determinate (unless released onto licence conditions.
Sentences (SDS) HDC) and they are subject
to licence for the whole of
the second half of
sentence.
Criminal Justice Act The eligibility to be Requests for additional conditions should be made The prison governor is responsible for
2003 Extended considered for release is at within Parole Assessment Reports through the authorising requests for additional
sentences of Public the halfway point of the usual parole process or in a separate report (PD1) licence conditions but he must ensure
Protection (EPP) custodial term (or to the parole clerk at the prison if the prisoner is to that he has consulted the Parole Board
subsequent annual be released at their NPD. before inserting/varying/deleting any
reviews). Release is at the condition in order to make it lawful.
discretion of the Parole
Board. If early release is Post release, the Parole Board must be
not approved by the Parole consulted in order to vary or add further
Board, EPP offenders are conditions and any requests should be
released automatically at made to the Post Release determinate
the end of the custodial licence variation caseworker using the
term. Post Release variation report at
Annex D.
Indeterminate Release of indeterminate Additional licence conditions can be
sentences sentences who have included upon the request of the
served the minimum term offender manager within the Parole
of imprisonment (‘tariff’) is Assessment Report.
at the discretion and on the
direction of the Parole
Board. The Parole Board
must be satisfied that it is
no longer necessary for
the protection of the public
that the offender should be
confined in custody.
RESTRICTED

Notification of changes to
Risk Management/Sentence Plans
in Parole cases

Annex D
Introduction & Principles

This Guidance is intended to be used in the completion of the report which was
originally contained in Annex C to Probation Circular 15/2006 ‘Guidance on the
Implementation of Practice Recommendations arising from an H M I P
Independent Review of a Serious Further Offence Case, February 2006.’ The
report should be used to communicate to the Parole Board any changes of
circumstances which impact upon risk assessment or risk management/sentence
plans and the imposition of new licence conditions in parole cases.

The report is intended to respond to one of the five key recommendations in the
H M I P Independent Review related to the lack of clarity about whose
responsibility it is to review a decision if an offender’s circumstances change
between the decision to release and the actual release, and where release is
dependant on a requirement which in practice cannot be met.

New information may be submitted at any time, whether:


A) After a Parole Assessment Report (P A R) has been submitted to the Parole
Board and before their decision has been made, or
B) After a Parole Board decision to release has been made and there has been
a change of circumstance which triggers a reassessment of risk, which
could have a particular impact upon the release plan proposed.

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All reports to the Parole Board must contain a risk management plan/release plan
and a recommendation for or against release. There must be clear information in
the risk of serious harm assessments that evidences the probation service’s
recommendation to the Parole Board.

Full details of the change in circumstances, its impact on risk assessment and the
risk management plan, and any change to licence conditions required should be
explained to the Parole Board.

All positive decisions made by the Parole Board are based on the assumption that
the release plan contained in the P A R can be implemented at the point of
release. The offender manager must satisfy themselves, in liaison with prison
governors/parole clerk, that the release arrangements accord with those agreed
by the Parole Board. If for example, the sentence plan made reference via the
inclusion of additional licence conditions, to residence at a particular address,
prison Governors must satisfy themselves that such arrangements have been put
in place before effecting release.

If the risk management/sentence plan cannot be put into place fully at the point of
release, or the offender manager is planning to change the nature of the plans,
this report should be used to submit a revised risk management/sentence plan to
the Parole Board (fax to Post Panel Team 020 7217 0342) and copied to the
parole clerk (by email to custody.prisonname@hmps.gsi.gov.uk). If the prisoner
has been released, requests must be sent to the Post-Release Section at the
Ministry of Justice.

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Document Guidance Notes

Ensure that either Box A) or B) is ticked to indicate the timing of notification.

• PROBATION DETAILS:
This should be the offender manager’s contact details including their email
address. This information will be disclosed to the offender as part of the
Parole Dossier.

• OFFENDER DETAILS:
Detail about the parolee should be entered here, particularly their full name,
current OASys risk of serious harm and likelihood of reconviction levels,
MAPPA level of risk management and type of licence.

• PAROLE ASSESSMENT REPORT (P A R):


A copy of the previously prepared P A R should accompany this report, the
date of which should be entered as indicated.
Please give detail in relation to:

1. Summary and implications of developments


Summarise the change in circumstances and developments since a)
submission of the P A R to the Parole Board which contained the risk
management/release plan, or b) the Parole Board’s release decision
(including date of release recommendation).

Clearly identify the impact of the change upon particular aspects of the
risk management/sentence plan, whether a particular facility is no longer
available, or deemed appropriate to manage the risks outlined ,
demonstrating that a revision is necessary. Cross reference to the P A R
or the Board’s decision should be outlined as appropriate.
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2. Current review of assessment of risk of serious harm and likelihood


of reconviction.
Outline full details of the change in circumstances, the impact of the
change upon the assessment of risk of serious harm and likelihood of
reconviction. Reference for the Parole Board this review of OASys
assessment following a change in circumstances as appropriate.

3. Outline of any further identified areas of risk of serious harm and


likelihood of reconviction as a result of the developments.
Are there further risks that must be managed as a result of these
changes/breakdown in the original release arrangements? Clearly explain
what they are, and how they will be managed.

4. Revised risk management/release plan including requirement of


licence and licence conditions
Based on the OASys review of the risk of serious harm, outline the
revised risk management/release plan including any additional licence
conditions, the wording in respect of any other condition(s) proposed, if
these are different from those contained in the original P A R, giving
supporting reasons.

5. Recommendation for release


Provide a clear recommendation with regard to the parolee’s suitability for
release in the light of the change in circumstance(s) and impact on risk
assessment and risk management.

-4- RESTRICTED
RESTRICTED

Guidance Notes For Assistive Technology Users

The following guidelines are for employees who are completing the form
using Assistive Technology.

You are advised to save this form to your local hard drive.

JAWS Users

1. To move through the form


Press ARROW DOWN/UP

2. To access the drop down menu


Press ALT+ARROW DOWN

3. To scroll through drop down menu options and select


Press ARROW DOWN/UP
Press ENTER

4. To select or deselect a check box


Press SPACEBAR

5. Edit Field
Type free text into this type of field

6. Date Field
Dates to be typed in the following format DD/MM/YYYY

-5- RESTRICTED
RESTRICTED

Dragon NaturallySpeaking Users

1. To move through the form


Issue command GO TO NEXT FIELD/PREVIOUS FIELD

2. To access the drop down menu


Issue command OPEN LIST

3. To scroll through drop down menu options and select


Issue command MOVE DOWN/UP 1
Issue command PRESS ENTER

4. To select or deselect a check box


Issue Command PRESS SPACEBAR

5. Edit Field
Dictate free text into this type of field

6. Date Field
Dates to be dictated in the following format DD/MM/YYYY

-6- RESTRICTED
RESTRICTED

Spell Checking

The form has a level of protection applied to it in order to aid completion.


This level of protection is required to be removed in order to use spell
checking or using reading facilities.

Use the following menu’s to activate the Form Toolbar

• View Menu

• Toolbars

• Forms

The Forms toolbar will now be added to the Word Menu bar.

Using the Protect Form icon both protects and un-protects the document.

Please note: - If the Tools menu is used to perform this function, data within
the document will be lost.

Alternatively to activate the Protect Form Button on the Forms Toolbar


using the keyboard, press the ALT key by itself, followed by CTRL+TAB
three times.
Once this is done, press TAB repeatedly until the Protect Form button is reached
and press ENTER to select or unselect it.

-7- RESTRICTED
RESTRICTED

Notification of changes to
Risk Management/Sentence Plan
In Parole cases
Annex D
THIS FORM IS A RESTRICTED DOCUMENT

The purpose of this report is to inform the Parole Board of any changes which
impact upon Risk Assessment or Risk Management Plan:

A. After a Parole Assessment Report (P A R) has been submitted to the Parole


Board and before there decision has been made
or
B. After a Parole Board decision to release has been made

Please tick relevant option as appropriate: A B

Probation Details

Name:
Address:
Probation Area:
Telephone Number
(Direct Line/Mobile number):
Fax Number:
Email Address:

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Offender Details

Name:
Date of Birth:
Prison Establishment:
Prison Number:
Parole Reference Number:

OASys Risk of Serious Harm Level: Please select from list


OASys Likelihood of Re-Conviction: Please select from list
MAPPA Level: Please select from list
Index Offence:
Type of Licence: DCR Extended Sentence
Date of P A R Report (attached):

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The purpose of this report is to notify the Parole Board and relevant prison
immediately when there has been a development in the release plan which
impacts upon the risk assessment and risk management plan, in either of the
following events:

a) After a Parole Assessment Report has been submitted and the


arrangements outlined for release have changed prior to the Parole Board
considering the case. In these instances, this report must be submitted to
the Parole Board via the prison Parole clerk by e-mail to the custody e-mail
box ‘custody.prisonname@hmps.gsi.gov.uk’

b) After the Parole Board have issued a release direction. In these instances,
this report must be submitted direct to the Parole Board, (by fax to the Post
Panel Team on 0207 217 0342), copied to the Prison Governor (or Director)
via the Parole clerk by e-mail to ‘custody.prisonname@hmps.gsi.gov.uk.

The report must address the following:

1. Summary and implications of developments:

2. Current review of assessment of risk of serious harm and the likelihood of


reconviction:

3. Outline of any further identified areas of risk of serious harm and likelihood
of reconviction as a result of the developments:

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4. Revised risk management/release plan including requirement of licence and


licence conditions:

5. Recommendation for release:

- 11 - RESTRICTED
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Name:

Signed: Date:

The Parole Board will send their response to the Probation contact on the front of
this form.

Parole Board Response

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Variation of Parole Licence

Annex E

Introduction & Principles

This report should be used to submit requests to the Post Release licence
variation caseworker, Post Release Section for varying or re-imposing extra
licence conditions upon agreement at local level. Consideration may be given to
the variation of a licence at any time.

Reasons for the request should be stipulated to the Post Release Section as
should any change to licence conditions required, for example deletion or variation
of additional licence conditions. Full reasons for every variation request must be
provided since it is necessary for the Post Release Section to consult the Parole
Board in such cases.

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Document Guidance Notes

• Probation Details:
This should be the report author/offender manager’s contact details.

• Offender Details:
As much detail as is known about the licensee should be entered here,
particularly their full name and any aliases, last known address, current
OASys risk of serious harm category, current OASys likelihood of
reconviction, MAPPA level, ethnicity, sex offender status and sentence. Any
additional non-standard conditions should be listed as should convictions
since release.

Please give details of developments since the last report in relation to:

1. Summary of index offence and all factors relating to the risk of


serious harm and likelihood of reconviction
Provide a summary of the index offence and outline all factors relating
to the risk of serious harm and likelihood of reconviction (from
circumstances/behaviour surrounding the index offence) and
emergence/reoccurrence of factors relevant to the index offence.

2. Summary of progress on licence


Summarise key events and progress of licensee since release,
demonstrating that variation is necessary.

3. Details of any previous variation requests.


Information in relation to any previous variation requests and

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amendments to the licence since release, providing copies of said


licence.

4. Victim(s) issues
Any victim(s) issues should be detailed, especially where the variation
request relates to victims. In such cases, Victim Liaison Officers
should be contacted and the victim’s concerns accounted for.

5. Current assessment of risk of serious harm and likelihood of


reconviction
Provide an assessment of risk of serious harm, its nature, likelihood
and impact, and the likelihood of reconviction.

6. Nature and reason for variation of parole licence condition


Outline the request for variation with reference to the particular licence
condition. Provide full reasons for its addition, deletion or amendment,
with proposed wording or rewording where necessary.

• Recommendation/Conclusion:
Offender manager’s conclusion and recommended action.

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Guidance Notes For Assistive Technology Users

The following guidelines are for employees who are completing the form
using Assistive Technology.

You are advised to save this form to your local hard drive.

JAWS Users

1. To move through the form


Press ARROW DOWN/UP

2. To access the drop down menu


Press ALT+ARROW DOWN

3. To scroll through drop down menu options and select


Press ARROW DOWN/UP
Press ENTER

4. To select or deselect a check box


Press SPACEBAR

5. Edit Field
Type free text into this type of field

6. Date Field
Dates to be typed in the following format DD/MM/YYYY

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RESTRICTED

Dragon NaturallySpeaking Users

1. To move through the form


Issue command GO TO NEXT FIELD/PREVIOUS FIELD

2. To access the drop down menu


Issue command OPEN LIST

3. To scroll through drop down menu options and select


Issue command MOVE DOWN/UP 1
Issue command PRESS ENTER

4. To select or deselect a check box


Issue Command PRESS SPACEBAR

5. Edit Field
Dictate free text into this type of field

6. Date Field
Dates to be dictated in the following format DD/MM/YYYY

-5- RESTRICTED
RESTRICTED

Spell Checking

The form has a level of protection applied to it in order to aid completion.


This level of protection is required to be removed in order to use spell
checking or using reading facilities.

Use the following menu’s to activate the Form Toolbar

• View Menu

• Toolbars

• Forms

The Forms toolbar will now be added to the Word Menu bar.

Using the Protect Form icon both protects and un-protects the document.

Please note: - If the Tools menu is used to perform this function, data within
the document will be lost.

Alternatively to activate the Protect Form Button on the Forms Toolbar


using the keyboard, press the ALT key by itself, followed by CTRL+TAB
three times.
Once this is done, press TAB repeatedly until the Protect Form button is reached
and press ENTER to select or unselect it.

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RESTRICTED

Variation of Parole Licence

Annex E
THIS FORM IS A RESTRICTED DOCUMENT

Probation Details

Name:
Address:
Probation Area:
Telephone Number
(Direct Line/Mobile number):
Fax Number:
Email Address:

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Offender Details

Name:
Date of Birth:
Current Address:
Prison Number:
Parole Reference Number:
Releasing Prison:

Index Offence:
Sentence:
Type of Licence: DCR Extended Sentence
Ethnic Category:

MAPPA Level: Please select from list


OASys Risk of Serious Harm Level: Please select from list
OASys Likelihood of Re-Conviction: Please select from list
Date Of Last Release:

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The purpose of this report to the Post Release Section is to request the addition,
deletion or amendment of conditions on a Parole Licence. The report must provide
a summary of developments since release and ensure that the following are
addressed where applicable:

1. Summary of index offence and all factors relating to the risk of serious
harm and likelihood of reconviction:

2. Summary of progress on licence:

3. Details of any previous variations:

4. Victim(s) issues:

5. Current assessment of risk of serious harm and likelihood of


reconviction:

6. Nature and reason for request for variation of particular licence


condition:

Recommendation

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Signed: Date:

Enclosures

Please enclose copies of the following documents:

• The Pre-Sentence Report or Parole Assessment Report;


• A list of previous convictions; and
• A copy of the licence (and details of any conditions added post-release)

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Progress Report To The


Lifer Team,
Post Release Section
Annex F

Introduction & Principles

The Lifer Team, Post Release Section request periodic reports from the
Supervising Probation Area, the frequency of which is outlined in Chapter 13 of
the Lifer Manual.

The initial progress report should be completed within one month of the licensee’s
release into the community. The Lifer Team will acknowledge receipt of all
progress reports in writing; advise of the due date of the next report and any areas
of concern requiring particular attention.

Subsequent progress reports should update the Lifer Team on the resettlement of
the life licensee, and include information particular to the concerns identified by
them.

Ad-hoc reports must always be submitted to the Lifer Team in the following
circumstances:

• If it appears that the safety of the public may be at risk;

• If the licensee loses touch with the supervising Probation Area;

• If there has been any breach of licence conditions;


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• If the licensee’s behaviour suggests that further serious offences may be


committed;

• If the licensee has been charged with any further offence (with the full
details of the nature of the charge);

• If the licensee’s domestic circumstances appear to be unsatisfactory;

• If there are any significant changes in the licensee’s personal


relationships (e.g. marriage, co-habitation, breakdown of relationships,
arrival of children) especially where such changes relate in any way to
the original offence;

• If the licensee’s health or mental condition give cause for concern (for
example a resort to drugs or alcohol, particularly if either was a factor in
the index offence);

• If the licensee’s behaviour or activities are likely to give rise to media


attention.

Progress reports are needed to advise the Lifer Team of any change in
circumstances even if no recall action is requested. In such cases the Offender
Manager may feel that a Probation or Secretary of State warning letter is
appropriate. All warning letters issued by the Probation Area should be copied to
the Lifer Team.

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Document Guidance Notes

• Probation Details:

This should be the report author/supervising officer’s contact details.

• Offender Details:

As much detail as is known about the licensee should be entered here,


particularly their full name and any aliases, last known address, current
OASys risk of serious harm category, current OASys likelihood of
reconviction category, MAPPA level, ethnicity and sentence. Any extra
conditions should be listed, as should convictions since release.

Please give details of developments since the last report in relation to:

1. All factors relating to risk of serious harm and likelihood of


reconviction
Outline the factors relating to the risk of serious harm and the
likelihood of reconviction (from circumstances/behaviour surrounding
the index offence) and emergence/reoccurrence of factors relevant
to the offence.

2. Compliance with licence conditions and reporting instructions


Outline frequency of contact as well as licensee’s compliance with
conditions. Also provide detail/dates of any warnings issued and/or
variation of licence conditions and the licensee’s response to these.

3. The licensee’s general response to supervision

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Include details of co-operation and motivation since last report as


well as how the licensee has coped with resettlement.

4. Current employment/training/education circumstances,


including relevant information on health/disability
Current situation and any change in circumstances. Outline any,
which give cause for concern.

5. Current domestic/social circumstances


Current situation and any significant change in circumstances
relating to accommodation, family, domestic and social
circumstances, for example marriage, co-habitation, breakdown of
relationships, arrival of children and any involvement in local
community activities. Outline any which give cause for concern.

6. Any significant concerns about the risk of serious harm or


likelihood of other further offending, including current
assessment of risk of serious harm and re-offending.
If appropriate, outline any evidence of deterioration of behaviour or
incident which leads you to assess that the risk of serious harm or
likelihood of reconviction has increased. Using OASys risk
assessment, what is the licensee’s current assessment of risk of
serious harm and re-offending? Indicate whether the concerns
surrounding the behaviour give rise to an increase in risk the
licensee presents to others.

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7. Current risk management plan and sentence plan.


Outline current arrangements and sentence plan in place to safely
manage the licensee in the community.

The following should be addressed:

ƒ Other agencies involved – brief outline of the activity each


agency

ƒ Existing support/controls

ƒ Added measures for specific risks

ƒ Who will undertake the actions and by when

ƒ Additional conditions/requirements to manage the specific risks

ƒ Level/frequency of contact.

8. Any other observations or other issues which the Lifer Team


has requested information on in previous correspondence.
Any other observations relating to management of the licensee, such
as case transfer, MAPPA input, victim or risk to children issues.
Update or provision of information as requested by the Lifer Team in
previous correspondence.

• Recommendation/Conclusion:
Supervising officer’s conclusion and recommended action.

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• Senior Manager/A C O Endorsement:


The progress report must be signed and endorsed by the Senior Manager
and at A C O or equivalent level before it is submitted to the Lifer Team. The
Lifer Team will return any reports that are not suitably endorsed.

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Guidance Notes For Assistive Technology Users

The following guidelines are for employees who are completing the form
using Assistive Technology.

You are advised to save this form to your local hard drive.

JAWS Users

1. To move through the form


Press ARROW DOWN/UP

2. To access the drop down menu


Press ALT+ARROW DOWN

3. To scroll through drop down menu options and select


Press ARROW DOWN/UP
Press ENTER

4. To select or deselect a check box


Press SPACEBAR

5. Edit Field
Type free text into this type of field

6. Date Field
Dates to be typed in the following format DD/MM/YYYY

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RESTRICTED

Dragon NaturallySpeaking Users

1. To move through the form


Issue command GO TO NEXT FIELD/PREVIOUS FIELD

2. To access the drop down menu


Issue command OPEN LIST

3. To scroll through drop down menu options and select


Issue command MOVE DOWN/UP 1
Issue command PRESS ENTER

4. To select or deselect a check box


Issue Command PRESS SPACEBAR

5. Edit Field
Dictate free text into this type of field

6. Date Field
Dates to be dictated in the following format DD/MM/YYYY

-8- RESTRICTED
RESTRICTED

Spell Checking

The form has a level of protection applied to it in order to aid completion.


This level of protection is required to be removed in order to use spell
checking or using reading facilities.

Use the following menu’s to activate the Form Toolbar

• View Menu

• Toolbars

• Forms

The Forms toolbar will now be added to the Word Menu bar.

Using the Protect Form icon both protects and un-protects the document.

Please note: - If the Tools menu is used to perform this function, data within
the document will be lost.

Alternatively to activate the Protect Form Button on the Forms Toolbar


using the keyboard, press the ALT key by itself, followed by CTRL+TAB
three times.
Once this is done, press TAB repeatedly until the Protect Form button is reached
and press ENTER to select or unselect it.

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RESTRICTED

Progress Report To The


Lifer Team,
Post Release Section
Annex F
THIS FORM IS A RESTRICTED DOCUMENT

N.B. The initial report is due to be submitted to the Lifer Team one month after the
date of release, with further progress reports to be submitted on a regular three-
monthly basis, unless otherwise arranged.

Probation Details

Name:
Address:
Probation Area:
Telephone Number
(Direct Line/Mobile number):
Fax Number:
Email Address:

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Offender Details

Name:
Date of Birth:
Prison Number:
Address:
Whereabouts Unknown: Yes No
Any Other Information on Licensee’s Whereabouts:

Current OASys Risk of Serious Harm Category: Please select from list
Ethnic Category:
MAPPA Level: Please select from list
Index Offence:
Date of Sentence:
Date of Last Release:

Releasing Prison/Institution:
Condition of Psychiatric Treatment: Yes No
If Yes: Name of Supervising Psychiatrist (R M O):
Other Extra Conditions; Provide Details:

Convictions Since Release: Yes No


If Yes, Give Details:
Date of Last Report to Lifer Team,
Post Release Section:
Date this Report is Due:

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The purpose of this report is to notify the Lifer Team, Post Release Section of the
progress of a life/I P P licensee. The report must detail developments since the
last report and ensure that the following are addresses, where applicable:

1. All factors relating to risk of serious harm and likelihood of


reconviction:

2. Compliance with licence conditions and reporting instructions:

3. The licensee’s general response to supervision:

4. Current employment/training/education circumstances, including


relevant information on health/disability:

5. Current domestic circumstances including any new


relationships/current social circumstances including any relevant in
the local community:

6. Any significant concerns about the risk of serious harm or other


further offending, including current assessment of risk of harm and re-
offending:

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7. Current risk management plan and sentence plan:

8. Any other observations or any other issues which the Lifer Team has
requested information on in previous correspondence:

Recommendation/Conclusion

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Offender Manager

Signed: Date:
Name:

Endorsement and Comments of Line Manager

Signed: Date:
Name:
Address:

Endorsement and Comments of A C O (or equivalent)

Signed: Date:
Name:
Address:
Telephone Number:

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Send Report To:

Lifer Team; Post Release Section,


4th Floor, Fry Building,
2 Marsham Street, London
SW1P 4DF
or
Email: Team.3@homeoffice.gsi.gov.uk

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Request Variation of
Life/I P P Licence

Annex G

Introduction & Principles

This report should be used to submit requests to the Lifer Team, Post Release
Section for varying or re-imposing extra life/I P P licence conditions upon
agreement at local level. Consideration may be given to the variation of a life/I P P
licence at any time.

Reasons for the request should be stipulated to the Lifer Team as should any
change to licence conditions required, for example deletion or variation of
additional licence conditions. Full reasons for every variation request must be
provided since it is necessary for the Lifer Team to consult the Parole Board in
such cases.

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Document Guidance Notes

• Probation Details:

This should be the report author/supervising officer’s contact details.

• Offender Details:

As much detail as is known about the licensee should be entered here,


particularly their full name and any aliases, last known address, current
OASys risk of serious harm category, current OASys likelihood of
reconviction, MAPPA level, ethnicity, sex offender status and sentence. Any
additional non-standard conditions should be listed as should convictions
since release.

Please give details of developments since the last report in relation to:

1. All factors relating to risk of serious harm and likelihood of


reconviction
Outline the factors relating to the risk of serious harm and the
likelihood of reconviction (from circumstances/behaviour surrounding
the index offence) and emergence/reoccurrence of factors relevant
to the offence.

2. Summary of progress on life/I P P licence


Summarise key events and progress of life/I P P licence since
release, demonstrating that variation is necessary. Reference can be
made to previous progress reports submitted to the Lifer Team.

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3. Summary of sentence planning objectives, interventions and


Risk Management Plan
Provide an analysis of sentence planning objectives and
interventions implemented to reduce the licensee’s likelihood of
reconviction. Outline the risk management plan including the actions
undertaken to monitor the behaviour and attitudes of the offender
and to intervene in the offender’s life in order to control and minimise
the risk of serious harm. As applicable, provide dates and detail of
location/provider of risk reduction work, either in custody or in the
community as well as a view of its efficacy, for example completion
of Sex Offender Treatment Programmes (S O T P s), domestic
abuse or instrumental violence programmes, or general thinking
skills work.

4. Details of any previous Variation Orders


Information in relation to any previous Variation Orders and
amendments to the life/I P P licence since release, providing copies
of said Variation Orders.

5. Victim(s) issues
Any victim(s) issues should be detailed, especially where the
variation request relates to the victims. In such cases, Victim Liaison
Officers should be contacted and the victim’s concerns accounted
for.

6. Current assessment of risk of serious harm and likelihood of


reconviction
Provide an assessment of risk of serious harm, its nature, likelihood
and impact, and likelihood of reconviction.
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7. Nature and reason for variation of life/I P P condition


Outline the request for variation with reference to the particular
licence condition. Provide full reasons for its addition, deletion or
amendments, with proposed wording or rewording where necessary.

• Recommendation/Conclusion:
Offender manager’s conclusion and recommended action

• Senior Manager/A C O Endorsement:


The progress report must be signed and endorsed by the Senior Manager
and at A C O or equivalent level before it is submitted to the Lifer Team.

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Guidance Notes For Assistive Technology Users

The following guidelines are for employees who are completing the form
using Assistive Technology.

You are advised to save this form to your local hard drive.

JAWS Users

1. To move through the form


Press ARROW DOWN/UP

2. To access the drop down menu


Press ALT+ARROW DOWN

3. To scroll through drop down menu options and select


Press ARROW DOWN/UP
Press ENTER

4. To select or deselect a check box


Press SPACEBAR

5. Edit Field
Type free text into this type of field

6. Date Field
Dates to be typed in the following format DD/MM/YYYY

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RESTRICTED

Dragon NaturallySpeaking Users

1. To move through the form


Issue command GO TO NEXT FIELD/PREVIOUS FIELD

2. To access the drop down menu


Issue command OPEN LIST

3. To scroll through drop down menu options and select


Issue command MOVE DOWN/UP 1
Issue command PRESS ENTER

4. To select or deselect a check box


Issue Command PRESS SPACEBAR

5. Edit Field
Dictate free text into this type of field

6. Date Field
Dates to be dictated in the following format DD/MM/YYYY

-6- RESTRICTED
RESTRICTED

Spell Checking

The form has a level of protection applied to it in order to aid completion.


This level of protection is required to be removed in order to use spell
checking or using reading facilities.

Use the following menu’s to activate the Form Toolbar

• View Menu

• Toolbars

• Forms

The Forms toolbar will now be added to the Word Menu bar.

Using the Protect Form icon both protects and un-protects the document.

Please note: - If the Tools menu is used to perform this function, data within
the document will be lost.

Alternatively to activate the Protect Form Button on the Forms Toolbar


using the keyboard, press the ALT key by itself, followed by CTRL+TAB
three times.
Once this is done, press TAB repeatedly until the Protect Form button is reached
and press ENTER to select or unselect it.

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RESTRICTED

Request Variation of
Life/I P P Licence

Annex G
THIS FORM IS A RESTRICTED DOCUMENT

Probation Details

Name:
Address:
Probation Area:
Telephone Number
(Direct Line/Mobile number):
Fax Number:
Email Address:

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Offender Details

Name:
Date of Birth:
Current Address:
Prison Number:

Index Offence:
Ethnic Category:
MAPPA Level: Please select from list
Current OASys Risk of Serious Harm Category: Please select from list
Sex Offender: Yes No
Date of Sentence:
Date of Last Release:

Releasing Prison/Institution:
Condition of Psychiatric Treatment: Yes No
If Yes: Name of Supervising Psychiatrist (R M O):
Other Extra Conditions; Provide Details:

Convictions Since Release : Yes No


If Yes, Give Details:
Date of Last Report to Lifer Team,
Post Release Section:

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The purpose of this report to the Lifer Team, Post Release Section is to request
the addition, deletion or amendment of conditions on an I P P/life licence. The
report must provide a summary of developments since release and ensure that
the following are addressed where applicable:

1. Identified risk factors and summary of index offence:

2. Summary of progress on life/I P P licence:

3. Summary of sentence planning objectives, interventions and risk


management plan:

4. Details of any previous Variation Orders:

5. Victim(s) issues:

6. Current assessment of risk of serious harm and likelihood of


reconviction:

7. Nature and reason for request for Variation of particular life/I P P


licence condition:

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Recommendation

Endorsement and Comments of Line Manager

Signed: Date:
Name:
Address:
Telephone Number:

Endorsement and Comments of A C O (or equivalent)

Signed: Date:
Name:
Address:
Telephone Number:

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Send Report To:

Lifer Team; Post Release Section,


4th Floor, Fry Building,
2 Marsham Street, London
SW1P 4DF

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Request For Cancellation


Of Supervisory Element
Of Life/I P P Licence
Annex H

Introduction & Principles

Consideration may be given to cancelling the supervision element of the life/I P P


licence after a minimum of four years of trouble-free existence in the community.
For sex offenders released on life/I P P licence, cancellation will not generally be
considered before 10 years have elapsed. In I P P cases this may coincide with
an application for termination of the release licence.

Cancellation of conditions are not normally considered by the Lifer Team unless
there is evidence of:

i. A stable lifestyle, good integration, a balanced outlook and an open


relationship with the supervising officer;

ii. Gradual reduction in the requirement for contact with the Probation Area;

iii. Crises, if any, having been faced and dealt with sensibly, with proper
involvement of the supervising officer; and

iv. Where appropriate, an indication that the licensee would turn to the
Probation Area for assistance on a voluntary basis if necessary.

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Requests to the Lifer Team should not be submitted if the above criteria are not
met.

For the very small number of Critical Public Protection Cases (C P P C s) which
attract a high level of media or public interest which threatens the life of the
licensee or could undermine public confidence in the criminal justice system or
agencies managing the case, consideration of cancellation of supervision should
be discussed with the Public Protection Unit in the first instance.

Where there are extra conditions on a licence and a recommendation for


cancellation has been made, the case will be referred by the Lifer Team to the
Parole Board for consideration if the Lifer Team is of the view that cancellation
may be appropriate. However, where the licence does not contain any additional
or non-standard conditions, a referral to the Parole Board is not required and the
Lifer Team will make an executive decision.

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Document Guidance Notes

• Probation Details:

This should be the report author/supervising officer’s contact details.

• Offender Details:

As much detail as is known about the licensee should be entered here,


particularly their full name and any aliases, last known address, current
OASys risk of serious harm category, current OASys likelihood of
reconviction category, MAPPA level, ethnicity, sex offender status and
sentence. Any additional non-standard conditions should be listed as should
convictions since release.

Please give details of developments since the last report in relation to:

1. All factors relating to risk of serious harm and likelihood of


reconviction
Outline the factors relating to the risk of serious harm and the
likelihood of reconviction (from circumstances/behaviour surrounding
the index offence) and emergence/reoccurrence of factors relevant
to the offence.

2. Summary of progress on life/I P P licence


Summarise key events and progress of life/I P P licence since
release, demonstrating that above criteria (i.) – (iv.) have been met
and that a minimum period of four years trouble free existence (ten
years for sex offenders) has successfully passed. Reference can be

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made to previous progress reports submitted to the Lifer Team.

3. Summary of sentence planning objectives, interventions and


Risk Management Plan
Provide an analysis of sentence planning objectives and
interventions implemented to reduce the licensee’s likelihood of
reconviction. Outline the risk management plan including the actions
undertaken to monitor the behaviour and attitudes of the offender
and to intervene in the offender’s life in order to control and minimise
the risk of serious harm. As applicable, provide dates and detail of
location/provider of risk reduction work, either in custody or in the
community as well as a view of its efficacy, for example completion
of Sex Offender Treatment Programmes (S O T P s), domestic
abuse or instrumental violence programmes, or general thinking
skills work.

4. Details of any previous Variation Orders


Information in relation to any previous Variation Orders and
amendments to the life/IPP licence since release, providing copies of
said Variation Orders.

5. Victim(s) issues
Any victim(s) issues should be detailed, especially where the licence
contains an additional or non-standard condition specific to victims.
In all cases, Victim Liaison Officers should be contacted and the
victim’s concerns accounted for.

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6. Current assessment of risk of serious harm and likelihood of


reconviction
Provide an assessment of risk of serious harm, its nature, likelihood
and impact, and the likelihood of reconviction

7. Nature and reason for request for cancellation of supervisory


element of life/I P P licence
Set out reasons why the supervisory element of the life/I P P licence
should be cancelled and whether any conditions are still or no longer
necessary. If you are of the view that the standard conditions should
be cancelled but the extra conditions should remain, full reasons for
this should be provided, including a view on whether or not the
licensee will abide by these conditions in the absence of supervision.
The nature of the request may vary as follows:
i. Request for cancellation of supervision alone, with supporting
reasons
ii. Request for cancellation of supervision and extra conditions,
with supporting reasons
iii. Request for cancellation of supervision but extra conditions
remain, with reasons and detail of how those extra conditions
will be managed/monitored.

8. Are you satisfied that the licensee would seek advice from the
Probation Service for assistance on a voluntary basis if
necessary?
Provide confirmation that it has been explained to the licensee that
he or she can seek assistance form the Probation Service on a
voluntary basis even after the supervisory element of the life/I P P

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licence has been cancelled. Also provide a view as to whether you


are satisfied that they will follow this advice.

• Recommendation/Conclusion:
Offender manager’s conclusion and recommended action

• Senior Manager/A C O Endorsement:


The progress report must be signed and endorsed by the Senior Manager
and at A C O or equivalent level before it is submitted to the Lifer Team.

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RESTRICTED

Guidance Notes For Assistive Technology Users

The following guidelines are for employees who are completing the form
using Assistive Technology.

You are advised to save this form to your local hard drive.

JAWS Users

1. To move through the form


Press ARROW DOWN/UP

2. To access the drop down menu


Press ALT+ARROW DOWN

3. To scroll through drop down menu options and select


Press ARROW DOWN/UP
Press ENTER

4. To select or deselect a check box


Press SPACEBAR

5. Edit Field
Type free text into this type of field

6. Date Field
Dates to be typed in the following format DD/MM/YYYY

-7- RESTRICTED
RESTRICTED

Dragon NaturallySpeaking Users

1. To move through the form


Issue command GO TO NEXT FIELD/PREVIOUS FIELD

2. To access the drop down menu


Issue command OPEN LIST

3. To scroll through drop down menu options and select


Issue command MOVE DOWN/UP 1
Issue command PRESS ENTER

4. To select or deselect a check box


Issue Command PRESS SPACEBAR

5. Edit Field
Dictate free text into this type of field

6. Date Field
Dates to be dictated in the following format DD/MM/YYYY

-8- RESTRICTED
RESTRICTED

Spell Checking

The form has a level of protection applied to it in order to aid completion.


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Request For Cancellation


Of Supervisory Element
Of Life/I P P Licence
Annex H
THIS FORM IS A RESTRICTED DOCUMENT

Probation Details

Name:
Address:
Probation Area:
Telephone Number
(Direct Line/Mobile number):
Fax Number:
Email Address:

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Offender Details

Name:
Date of Birth:
Current Address:
Prison Number:

Current OASys Risk of Serious Harm Category: Please select from list
Ethnic Category:
MAPPA Level: Please select from list
Index Offence:
Sex Offender: Yes No
Date of Sentence:
Date of Last Release:

Releasing Prison/Institution:
Condition of Psychiatric Treatment: Yes No
If Yes: Name of Supervising Psychiatrist (R M O):
Other Extra Conditions; Provide Details:

Convictions Since Release : Yes No


If Yes, Give Details:
Date of Last Report to Lifer Team:

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The purpose of this report to the Lifer Team, Post Release Section is to request
the cancellation of the supervisory element of a life/I P P licence. The report must
provide a summary of developments since release and ensure that the following
are addressed, where applicable:

1. Factors relating to the risk of serious harm and the likelihood of


reconviction:

2. Summary of progress on life/I P P licence:

3. Summary of sentence planning objectives, interventions and Risk


Management Plan:

4. Details of any previous Variation Orders:

5. Victim(s) issues:

6. Current assessment of risk of serious harm and likelihood of


reconviction:

7. Nature and reason for request for cancellation of supervisory element


of life/I P P licence:

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8. Are you satisfied that the licensee would seek advice from the
Probation Service for assistance on a voluntary basis if necessary?

Recommendation

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Offender Manager

Signed: Date:
Name:

Endorsement and Comments of Line Manager

Signed: Date:
Name:
Address:
Telephone Number:

Endorsement and Comments of A C O (or equivalent)

Signed: Date:
Name:
Address:
Telephone Number:

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Send Report To:

Lifer Team, Post Release Section

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Request For Termination


Of I P P Licence

Annex I
Guidance Notes For Assistive Technology Users

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using Assistive Technology.

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Spell Checking

The form has a level of protection applied to it in order to aid completion.


This level of protection is required to be removed in order to use spell
checking or using reading facilities.

Use the following menu’s to activate the Form Toolbar

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three times.
Once this is done, press TAB repeatedly until the Protect Form button is reached
and press ENTER to select or unselect it.

-4- RESTRICTED
RESTRICTED

Request For Termination


Of I P P Licence

Annex I
THIS FORM IS A RESTRICTED DOCUMENT

Probation Details

Name:
Address:
Probation Area:
Telephone Number
(Direct Line/Mobile number):
Fax Number:
Email Address:

-5- RESTRICTED
RESTRICTED

Offender Details

Name:
Date of Birth:
Prison Number:
Current Address:

Current OASys Risk of Serious Harm Category: Please select from list
Ethnic Category:
MAPPA Level: Please select from list
Index Offence:
Sex Offender: Yes No
Date of Sentence:
Date of Last Release:

Releasing Prison/Institution:
Condition of Psychiatric Treatment: Yes No
If Yes: Name of Supervising Psychiatrist (R M O):
Other Extra Conditions; Provide Details:

Convictions Since Release : Yes No


If Yes, Give Details:
Date of Last Report to Lifer Team,
Post Release Section:

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The purpose of this report is to provide the Parole Board with information and a
risk assessment to consider the termination of an I P P licence. The report must
provide a summary of developments since release and ensure that the following
are addressed, where applicable:

1. All factors relating to risk of serious harm and likelihood of


reconviction:

2. Summary of progress on I P P licence:

3. Summary of sentence planning objectives, interventions and Risk


Management Plan:

4. Details of any previous Variation Orders:

5. Victim(s) issues:

6. Current assessment of risk of harm and re-offending:

7. Nature of request for termination of I P P licence:

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Recommendation for Suitability of Termination of I P P Licence

Offender Manager

Signed: Date:
Name:

Endorsement and Comments of Line Manager

Signed: Date:
Name:
Address:
Telephone Number:

Endorsement and Comments of A C O (or equivalent)

Signed: Date:
Name:
Address:
Telephone Number:

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Send report to:

Lifer Team,
Post Release Section

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Annex J

Equality Impact Assessment

Preliminary Screening

Statistics & Research

Gathering Evidence through Community Engagement

Assessment & Analysis

Action Plan

The EIA Report

1
EQUALITY IMPACT
ASSESSMENT
Post Release Section
Performance & Improvement Directorate
Public Protection Unit

PRELIMINARY SCREENING
Date of Screening 05 July 2007
Name of Policy Writer Akile Osman
Director General Jonathan Slater

Name of Policy This is a new policy


Probation Circular: Post Release This is a change to an existing
Enforcement – Licence policy
conditions √ This is an existing policy

Policy Aims, Objectives & Projected Outcomes


• To provide practice guidance to probation staff regarding application of
licences and licence conditions.

Will the policy have an impact on national or local people/staff? YES


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
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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.

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

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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 There may be an impact on this group in
(consider e.g. nationalities, terms of eligibility for release on home
Gypsies, Travellers, detention curfew because of their nomadic
languages) lifestyle.
Disability The licence condition requiring offenders to
(consider social access and keep in touch needs to be flexible in order to
physical access) accommodate any access or mobility needs.
Gender None identified.

Gender Identity None identified.

Religion and Belief The licence conditions requiring offenders to


keep in touch and receive visits from their
supervising officers needs to take into
account any religious commitments.
Sexual Orientation None identified.

Age None identified.


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
N/A.

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


this policy area?
Stakeholders: National Offender Management Service including HM Prison
Service and Probation Areas, the Parole Board
Staff: Local probation staff
Customers: Probation staff with responsibility for offender management.

What are the overall trends and patterns in this qualitative & quantitative
data?
Disproportionality; regional variations; different levels of access, experiences
or needs; combined impacts.
There are inevitable resource and skills differentiations across the 42 local
probation boards. Resources will determine the pool of probation staff
available to prepare reports to the Parole Board. The level of competence and
experience amongst staff will differ according to staffing and caseload levels.

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

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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 The policy document provides guidance to probation
staff regarding licences and licence conditions.

Staff Networks & N/A


Associations
Trade Unions N/A

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.
N/A – there is no impact of this proposal on other public policies.

What positive and adverse impacts were identified by your internal


consultees? Did they provide any examples?
All those consulted (colleagues in NOMS and probation areas) welcomed the
guidance and viewed it as informative.

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


for work on external consultation

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EXTERNAL CONSULTATION & INVOLVEMENT

How did your engagement exercise highlight positive and negative


impacts on different communities?
Voluntary N/A
Organisations
Race N/A

Faith N/A

Disability Rights N/A

Gender N/A

Gender Identity N/A

Sexual N/A
Orientation
Age N/A

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


and consultation) to all participants including internal and external
stakeholders

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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.
The EIA shows a positive impact for:
A) Probation staff
• Better informed staff
• Guidance will lead to consistent practice

B) Community
• Licences will aid an offender’s safe reintegration into the community
and the use of additional licence conditions will serve to protect the
public from harm.

What were the main findings of the engagement exercise and what
weight should they carry?
The consultation exercise was undertaken to ensure that the policy circular
was accurate and covered appropriate ground. The stakeholder responses
helped to develop the content of the probation circular.

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?

No.

How does the policy promote equality of opportunity?

The circular sets out clearly what licence conditions are available to offender
managers and leads to parity of service to offenders. This further creates a
sense of uniformity in approach.

How does your policy promote good relations? How does this policy
make it possible for different groups to work together, build bridges

8
between parallel communities, or remove barriers that isolate groups
and individuals from engaging in civic society more generally?

The probation circular will result in better informed staff and people’s human
rights are protected whilst not undermining the protection of the public.

How can the policy be revised, or additional measures taken, in order for
the policy to achieve its aims without risking any adverse impact?
Ongoing feedback will be sought from probation boards following
implementation of the policy.

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.
N/A.

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)
• The policy circular will be stored electronically on the National Probation
Service and NOMS website and intranet. It will remain the responsibility of
the policy owner to review and revise its content accordingly.

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)
• Regular consultation to take place with stakeholders.

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)
• Regular review and revision as appropriate.

Now submit your EIA and related evidence to the Equality & Diversity
Unit for quality assurance and clearance.

10
ACTION PLAN

Recommendation Responsibility Actions required Success Target Date What progress


s Indicators has been made?
Electronic storage of
Data Collection Policy owner policy document and Stakeholders July 2007 Consultation
continued consultation expressing satisfaction complete
Publication Policy owner Issue of probation Distribution of August 2007 Draft circular has
Arrangements circular probation circular been cleared
Monitoring & Policy owner Review and revision of Revision or No later than 31 Implementation will
Review circular as required replacement of circular July 2010 be monitored

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 NOMS/ MoJ website before your
policy/programme is implemented.

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