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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 1 of 10

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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) ii) iii) To keep in touch with your supervising officer in accordance with any instructions that you may be given; If required, to receive visits from your supervising officer at your home/place of residence (e.g. approved premises); 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; Undertake only such work (including voluntary work) approved by your supervising officer and notify him or her in advance of any proposed change; 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; 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.

iv) v)

vi)

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) ii) iii) iv) v) He/She shall place himself/herself under the supervision of whichever supervising officer is nominated for this purpose from time to time. 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. He/She shall, if his/her supervising officer so requires, receive visits from that officer where the licence holder is living. He/She shall reside only where approved by his/her supervising officer. 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. He/She shall not travel outside the United Kingdom without the prior permission of his/her supervising officer. 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.

vi) vii)

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 1. Contact Requirement LICENCE CONDITIONS (a) Attend all appointments arranged for you with [… INSERT NAME …], a psychiatrist/psychologist/medical practitioner and co-operate fully with any care or treatment they recommend. ADVICE Where an offender manager requires an offender to attend upon a psychiatrist / psychologist / medical practitioner, he or she must 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. It is possible to include conditions, which require offenders not to access the internet or own a computer, although these are difficult conditions to monitor and can normally only be achieved by setting a blanket restriction on the offender’s access to computers. Similarly an additional condition may prohibit offenders from owning or using a camera or mobile phone with camera functions. These conditions should only be used where it is necessary and proportionate to manage the risk (such as members of a paedophile ring who are known to use the Internet to distribute indecent material). Consideration will have to be given to practical exceptions, such as the use of a computer in a work environment. Prohibited activity conditions should always be subject to the clause “ … without the prior approval of your supervising officer”. Conditions prohibiting the consumption of alcohol, either on or off hostel premises are difficult to enforce and there may be difficulties in arguing that limited consumption should always lead to recall. The condition to be of good behaviour contains sufficient power to request

2. Prohibited Activity Requirement

(a) Not to undertake work or other organised activity which will involve a person under the age of …, either on a paid or unpaid basis without the prior approval of your supervising officer; (b) Not to use a computer or other electronic device for the purpose of accessing the Internet or have access to instant messaging services or any other on line message board/forum or community without the prior approval of your supervising officer. (c) Not to own or use any computer without the prior approval of your supervising officer. (d) Not to own or use any camera or mobile phone with a photographic function without the prior approval of your supervising officer.

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 Requirement

(a) To permanently reside at (name and address e.g. an approved premises) and must not leave to reside elsewhere without obtaining the prior approval of your supervising officer; thereafter must reside as directed by your supervising officer.

4. Prohibited Residency Requirement

(a) Not to reside (not even to stay for one night) in the same household as any child under the age of … without the prior approval of your supervising officer

This condition is stronger than the standard condition to reside as approved. The standard condition requires the offender to notify the Probation Service of his address. This condition applies in cases 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. Please see comments under Residency Requirement. Such a condition would normally be more effective if it is combined with a prohibited contact requirement.

5. Prohibited Contact Requirement

(a) Not seek to approach or communicate with [INSERT NAME OF VICTIM AND/OR

Licence conditions requiring an offender not to contact the victim or

REQUIREMENTS

LICENCE CONDITIONS FAMILY MEMBERS] without the prior approval of your supervising officer and/or the name of appropriate Social Services Department. (b) Not to have unsupervised contact with children under the age of …. without the prior approval of your supervising officer and [INSERT NAME OF APPROPRIATE SOCIAL SERVICES DEPARTMENT]

ADVICE members of the victim’s family should ordinarily include the names of the individuals to whom the ‘no contact’ condition applies. However, there may be exceptional circumstances particular to a case where the naming of an individual is not appropriate. 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 Requirement

(a) To comply with any requirements specified by your supervising officer for the purpose of ensuring that you address your alcohol/drug/sexual/gambling/solvent 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.

These conditions are routinely used to encourage offenders to participate in offending behaviour programmes.

7. Curfew Requirement

(a) Confine yourself to an address approved by your supervising officer between the hours of [TIME] and [TIME] daily unless otherwise authorised by your supervising officer. This condition will be reviewed by your supervising officer on a [WEEKLY/MONTHLY/ETC] basis and may be amended or removed if it is felt that the level of risk that you present has reduced appropriately. (b) Confine yourself to remain at [CURFEW ADDRESS] initially from [START OF CURFEW HOURS] until [END OF CURFEW HOURS] each day, and, thereafter, for such a period as may be reasonably notified to you by your supervising officer; and comply with such arrangements as may be reasonably put in place and notify to you by your supervising officer so as to allow for your whereabouts and your compliance curfew requirement being monitored [WHETHER BY ELECTRONIC MEANS INVOLVING YOUR WEARING AN ELECTRONIC TAG OR OTHERWISE].

8. Exclusion Requirement

(a) Not to enter the area of [CLEARLY SPECIFIED AREA], as defined by the attached map without the prior approval of

The Criminal Justice and Court Services Act 2000 produced provisions to enable the Secretary of State to impose an electronic monitoring requirement in support of other conditions of a licence (Probation Circular 115/2001 refers). This condition is available for any prisoner who is notified to the Public Protection Unit as a Critical Public Protection Case under PC 06/2007 as well as prisoners who are MAPPA Level 3. It is also available to prisoners being released into the pilot areas set out in Probation Circular, which are West Yorkshire, Hampshire and Nottinghamshire. This condition must be requested through the Post Release Section. Governors do NOT have delegated authority to apply this condition to licences or notices of supervision. Any requests in relation to Intensive Supervision and Surveillance Programme (ISSP) being used as a condition of licence for Young Offenders, should be referred to the Youth Justice Board. Requests for exclusion zones must be carefully applied in order to be lawful. Once the exclusion is shown

REQUIREMENTS

LICENCE CONDITIONS your supervising officer. (b) Not to enter [NAME OF PREMISES/ADDRESS/ROAD] without the prior approval of your supervising officer. (c) Not to enter or remain in sight of any [CHILDREN’S PLAY AREA, SWIMMING BATHS, SCHOOL ETC] without the prior approval of your supervising officer.

ADVICE to be necessary, it is critical to establish that it is proportionate, taking into account factors such as whether, the offender has close family who live in the exclusion area, or where the exclusion would restrict his ability to work or to visit the doctor or dentist. Although the fact that an exclusion condition may have this effect might be relevant, it 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 reoffending, 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 Requirement

(a) Report to staff at [NAME OF HOSTEL/POLICE STATION] at [TIME/DAILY], unless otherwise authorised by your supervising officer. This condition will be reviewed by your supervising officer on a [WEEKLY/MONTHLY/ETC] basis and may be amended or removed if it is felt

Conditions requiring compliance with hostel or other accommodation rules must be avoided if possible. Such rules are many and varied and it is difficult to argue that recall is always a proportionate response to any breach. If an offender’s

REQUIREMENTS

LICENCE CONDITIONS that the level of risk you present has reduced appropriately. (b) Provide your supervising officer with details [SUCH AS MAKE, MODEL, COLOUR, REGISTRATION] of any vehicle you own, hire or have use of, prior to any journey taking place. (c) Notify your supervising officer of any developing personal relationships with women/men.

ADVICE consistent refusal to comply with rules presents a real risk to staff or other residents, it would be reasonable to seek to recall him under the condition to be of good behaviour. The condition requiring notification of vehicle details should only be applied for when the offending relates specifically to the use of a 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. It is not possible to insert a general condition preventing an offender from associating with any other exoffender. 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.

10. Non- Association Requirement

(a) Not to contact or associate with [NAMED OFFENDERS] without the prior approval of your supervising officer.

REQUIREMENTS Although this particular condition is NOT part of the list of ‘Requirements’, it is open to the Secretary of State to include it on a prisoner’s release licence. However, decisions to include the condition in a licence MUST accord with the guidance set out in this particular page of this Appendix.

LICENCE CONDITIONS (a) Attend [INSERT NAME AND ADDRESS], as reasonably required by the probation officer, to give a sample of oral fluid / urine in order to test whether you have any specified Class A drugs (heroin or crack/cocaine) in your body, for the purpose of ensuring that you are complying with the condition of your licence requiring you to be of good behaviour.

ADVICE Any offender who is found to be in possession of Class A drugs has immediately put himself in breach of the standard condition to be well behaved. This provision is limited to offenders defined as ‘prolific and other priority’ (PPOs) by local Crime and Disorder Reduction Partnerships (CDRPs). It is limited by the Secretary of State to particular drugs (currently heroin and cocaine/crack cocaine). The 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.

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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

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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

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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 • 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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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: Index Offence: Date of Release: Please select from list

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

Yes

No

Please select from list

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

Previous Convictions attached: Pre-sentence report attached: Minutes of last MAPP Panel meeting attached: MAPPA Level:

Yes Yes Yes Please select from list

No No No

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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 antiuniform/authority)
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Name: Grade: Probation Area:

Signed:

Date:

Endorsement by Senior (Team Manager) Probation Officer

Name:

Signed:

Date:

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Annex C LICENCE CONDITIONS MATRIX SENTENCE Home Detention Curfew (HDC) RELEASE Up to 135 days before the halfway point of determinate sentence. HOW TO APPLY FOR LICENCE CONDITIONS Offender managers may request additional licence conditions within the HDC3 Home Suitability Assessment report as part of the risk assessment and management plan for eligible offenders serving determinate sentences who are subject to supervision on release There is no statutory probation supervision and no licence conditions. The two exceptions to this are those released on HDC when the HDC home circumstances investigation and report are the responsibility of the offender manager or where a young offender is released on the statutory threemonth ‘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. Requests for additional conditions are approved by the prison governor of the releasing establishment using the PD1 report. WHO APPROVES The additional conditions are subject to the approval of the prison governor.

CJA 1991 determinate sentences of up to but not including 12 months

Release of offenders serving up to 12 months is automatic at the halfway point.

Not applicable.

Criminal Justice Act 1991 determinate sentences of 12 months or more but less than 4 years for offences committed

Released on licence at the halfway point of sentence and subject to supervision until the three quarter point of sentence.

Any variation of conditions post release may also be approved by the prison governor.

prior to 4 April 2005. Criminal Justice Act 1991 determinate sentences of 4 years and over but under 15 years

Automatic release is at the two-third’s point of sentence (parole eligibility from the halfway point of sentence or at subsequent annual reviews), subject to supervision until the threequarter point of sentence.

Criminal Justice Act 1991 determinate sentences of over 15 years or more

Criminal Justice Act 2003 Standard Determinate

The Parole Board makes a recommendation about release to the Secretary of State who is responsible for the parole decision although parole cannot be awarded without a positive recommendation from the Board. Release is automatic at the halfway point of sentence (unless released onto

Requests for additional conditions, with supporting reasons, should be made either within the risk management plan of a Parole Assessment Report (PAR), or in a separate report if the prisoner is going to be released on their Non Parole Date (NPD). Where an offender’s change of circumstances result in a revised risk management plan and a change to licence conditions, the Parole Board must be notified. This can occur either after a PAR has been submitted and before the Parole Board has considered the case, or in the intervening 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. Requests for additional conditions should be made within Parole Assessment Reports through the usual parole process or in a separate report (PD1) to the parole clerk at the prison if the prisoner is to be released at their NPD.

The additional conditions must be approved by the Parole Board in order to enable the prison acting on behalf of the Secretary of State to include them. Post release, the Parole Board must be consulted in order to vary or add further conditions and any requests should be made to the Post Release determinate licence variation caseworker using the Post Release variation report at Annex D.

The additional conditions must be referred to the Parole Board for consultation. Upon receipt of the Parole Board’s recommendation, the Pre Release Determinate casework team takes the final decision on licence conditions.

Requests for additional conditions should be made within PD1s.

The prison governor is responsible for approving requests for additional licence conditions.

Sentences (SDS)

Criminal Justice Act 2003 Extended sentences of Public Protection (EPP)

HDC) and they are subject to licence for the whole of the second half of sentence. The eligibility to be considered for release is at the halfway point of the custodial term (or subsequent annual reviews). Release is at the discretion of the Parole Board. If early release is not approved by the Parole Board, EPP offenders are released automatically at the end of the custodial term. Release of indeterminate sentences who have served the minimum term of imprisonment (‘tariff’) is 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.

Requests for additional conditions should be made within Parole Assessment Reports through the usual parole process or in a separate report (PD1) to the parole clerk at the prison if the prisoner is to be released at their NPD.

The prison governor is responsible for authorising requests for additional licence conditions but he must ensure that he has consulted the Parole Board before inserting/varying/deleting any condition in order to make it lawful. Post release, the Parole Board must be consulted in order to vary or add further conditions and any requests should be made to the Post Release determinate licence variation caseworker using the Post Release variation report at Annex D. Additional licence conditions can be included upon the request of the offender manager within the Parole Assessment Report.

Indeterminate sentences

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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.

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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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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

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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 • 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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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: Index Offence: Type of Licence: Date of P A R Report (attached): DCR Extended Sentence Please select from list

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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:

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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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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

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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 • 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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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: Ethnic Category: DCR Extended Sentence

MAPPA Level: OASys Risk of Serious Harm Level:

Please select from list 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: • • •
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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:

Other agencies involved – brief outline of the activity each agency

Existing support/controls

Added measures for specific risks

Who will undertake the actions and by when

Additional conditions/requirements to manage the specific risks

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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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

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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 • 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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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 threemonthly 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: Any Other Information on Licensee’s Whereabouts: Yes No

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

Please select from list

Please select from list

Releasing Prison/Institution: Condition of Psychiatric Treatment: If Yes: Name of Supervising Psychiatrist (R M O): Other Extra Conditions; Provide Details: Convictions Since Release: If Yes, Give Details: Date of Last Report to Lifer Team, Post Release Section: Date this Report is Due: Yes No Yes No

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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 reoffending:

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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: Name:

Date:

Endorsement and Comments of Line Manager

Signed: Name: Address:

Date:

Endorsement and Comments of A C O (or equivalent)

Signed: Name: Address: Telephone Number:

Date:

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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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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

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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 • 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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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: Current OASys Risk of Serious Harm Category: Sex Offender: Date of Sentence: Date of Last Release: Please select from list Please select from list Yes No

Releasing Prison/Institution: Condition of Psychiatric Treatment: If Yes: Name of Supervising Psychiatrist (R M O): Other Extra Conditions; Provide Details: Convictions Since Release : If Yes, Give Details: Date of Last Report to Lifer Team, Post Release Section: Yes No Yes No

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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: Name: Address: Telephone Number:

Date:

Endorsement and Comments of A C O (or equivalent)

Signed: Name: Address: Telephone Number:

Date:

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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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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

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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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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: Ethnic Category: MAPPA Level: Index Offence: Sex Offender: Date of Sentence: Date of Last Release:

Please select from list

Please select from list

Yes

No

Releasing Prison/Institution: Condition of Psychiatric Treatment: If Yes: Name of Supervising Psychiatrist (R M O): Other Extra Conditions; Provide Details: Convictions Since Release : If Yes, Give Details: Date of Last Report to Lifer Team: Yes No Yes No

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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: Name:

Date:

Endorsement and Comments of Line Manager

Signed: Name: Address: Telephone Number:

Date:

Endorsement and Comments of A C O (or equivalent)

Signed: Name: Address: Telephone Number:

Date:

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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

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

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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

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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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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:

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Offender Details

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

Current OASys Risk of Serious Harm Category: Ethnic Category: MAPPA Level: Index Offence: Sex Offender: Date of Sentence: Date of Last Release:

Please select from list

Please select from list

Yes

No

Releasing Prison/Institution: Condition of Psychiatric Treatment: If Yes: Name of Supervising Psychiatrist (R M O): Other Extra Conditions; Provide Details: Convictions Since Release : If Yes, Give Details: Date of Last Report to Lifer Team, Post Release Section: Yes No Yes No

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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: Name:

Date:

Endorsement and Comments of Line Manager

Signed: Name: Address: Telephone Number:

Date:

Endorsement and Comments of A C O (or equivalent)

Signed: Name: Address: Telephone Number:

Date:

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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 Name of Policy Writer Director General Name of Policy Probation Circular: Post Release Enforcement – Licence conditions 05 July 2007 Akile Osman Jonathan Slater This is a new policy This is a change to an existing policy √ 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 2

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 (consider e.g. nationalities, Gypsies, Travellers, languages) There may be an impact on this group in terms of eligibility for release on home detention curfew because of their nomadic lifestyle.

The licence condition requiring offenders to Disability (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. None identified.

Sexual Orientation

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 N/A Trade Unions

How have you consulted, engaged and involved internal stakeholders in considering the impact of this proposal on other public policies and services? For example your policy may affect access to housing, education, health, employment services. 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 Organisations Race Faith Disability Rights Gender Gender Identity Sexual Orientation Age N/A N/A N/A N/A N/A N/A N/A 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

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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 implementation of the policy. sought from probation boards following

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.

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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.

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ACTION PLAN Recommendation s Data Collection Publication Arrangements Monitoring Review & Policy owner Policy owner Policy owner
Electronic storage of policy document and

Responsibility

Actions required

Success Indicators
Stakeholders expressing satisfaction

Target Date July 2007 August 2007 No later than 31 July 2010

What progress has been made? Consultation complete Draft circular has been cleared Implementation will be monitored

continued consultation

Issue of probation circular
Review and revision of circular as required

Distribution of probation circular
Revision or replacement of circular

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

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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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