UNCLASSIFIED

Probation Circular
PC34/2007 ADDITIONAL GUIDANCE FOR END OF CUSTODY LICENCE
IMPLEMENTATION DATE: 1st November 2007 EXPIRY DATE: July 2012

TO: Chairs of Probation Boards, Chief Officers of Probation, Secretaries of Probation Boards CC: Board Treasurers, Regional Managers AUTHORISED BY: John Scott, Head of Probation Offender Management Providers Team ATTACHED: Annex A: Prison Service Instruction on ECL Annex B: Equality Impact Assessment Form RELEVANT PREVIOUS PROBATION CIRCULARS PC22/2007 CONTACT FOR ENQUIRIES peter.king6@homeoffice.gsi.gov.uk or 020 7217 0678

PURPOSE
This circular updates the guidance on End of Custody licence previously issued in PC22/2007.

ACTION
Chief Officers are asked to implement this circular from 1st November 2007.

SUMMARY
This circular updates the previous guidance on ECL. The key changes from the original guidance are outlined below and the equivalent Prison Service Instruction (PSI) is attached for information. The PSI will be issued at the same time as this circular to ensure a consistent approach between prisons and probation in the management of ECL.

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ISSUE DATE – 26 October 2007 1 of 4

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1.

The attached Prison Service Instruction consolidates previous guidance issued to prisons on the End of Custody Licence (ECL) scheme and introduces some clarifications and changes to the policy. This circular outlines the key changes for probation areas. Updated ECL forms and licence templates are also included in the attached PSI KEY CHANGES/POINTS OF CLARIFICATION Eligibility • • • The list of excluded offences has been clarified: Arson endangering life (contrary to section 1(2 a and b) and 1(3) of the Criminal Damage Act 1971) Prisoners who are required to undertake treatment programmes as a condition of their normal licence will be excluded from ECL unless that programme can be re-arranged to commence during the ECL period or at a time otherwise agreed by the offender manager (para 5.9 of the PSI refers). The PSI provides clarification about ECL eligibility dates where the Automatic Release Date/Conditional Release Date falls on a weekend (paras 4.7 to 4.11). Although probation staff are not expected to carry out an assessment of the proposed release address for ECL, if the proposed address is in an area prohibited in the supervision licence (Form PD1 will provide this information), release on ECL must not be granted unless another suitable alternative address is provided (para 5.3). Release Arrangements and Risk Management • Where a prisoner is subject to probation supervision on release, probation must normally be notified at least 7 calendar days (one working week) prior to the release. Where this is not possible, a minimum of two full working days notice must be given. Notification to the probation office for all level 2 and 3 MAPPA cases must be sent a minimum of 7 days prior to release to enable proper implementation of the risk management plan (para 6.1). For those prisoners who have identified substance misuse needs and are eligible for ECL, the minimum actions and best practice guidance set out in PC 23/2007 remain unchanged. The overriding responsibility of OMs is to manage the licence in a way that reduces the risks of re-offending and of serious harm to the public, as well as harm to the offender. Where a prisoner is due to be released on post release licence, has ongoing treatment needs on release, and is eligible for release under ECL, the OM should ensure that the relevant Sentence Plan treatment arrangements are appropriately brought forward to take into account the earlier release date. Wherever CARATs/CJITs/Probation has made specific drug treatment Sentence Plan arrangements for offenders eligible for release under ECL, these should be communicated as soon as possible to prison release teams.

1.1 2 2.1

• •

2.2

PC34/2007 – Additional Guidance for End of Custody Licence

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ISSUE DATE – 26 October 2007 2 of 4

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For all prisoners, whether or not subject to post release licence any existing mechanisms (e.g. police notification arrangements, MAPPA and PPO arrangements) designed to deal with the risk that offenders present at the point of release must be put in place. Where this process includes MAPPA level 2 and 3 offenders there must be a discussion with the Offender Manager (OM) and the MAPPA co-ordinator in the home area to ensure that the risk management plan can be put in place for the new release date. Prison establishments should take appropriate action in response to any information they have received that the prisoner presents a threat of domestic abuse or a threat to a specific victim on release. For example, where the offender has given the address of his/her victim as his/her release address, this ought to be flagged to the local police through MAPPA so that measures to address the risk can be put in place (para 6.6). These arrangements should be completed in line with the prisoner’s ECL date. However, if it is impossible for those arrangements to be made in time, release on ECL must be delayed. Governors and Controllers are instructed that their staff liaise with police and probation as appropriate to ensure that releases are not unduly delayed (para 6.6). For prisoners subject to post release licence, the ECL licence, together with the general post release licence must be faxed, or emailed where possible, to the relevant probation office, the Police Force Intelligence Bureau (FIB) for the prisoner’s home address and the National Identification Service (NIS) before 12 noon on the day of release on ECL. For prisoners who are not subject to post release licence the ECL licence and the ‘at risk’ notice will be faxed only to the relevant FIB before 12 noon on the day of release. (para 7.3). The FIB will be informed of the impending ECL release seven calendar days before the release date, and a minimum of two full working days where this is not possible.(para 8.1). For prisoners who are subject to post release licence copies of the ECL and post release licences will be sent to NIS who will record the information on the national PNC. The NIS do not record licence information on the national PNC for prisoners released without post release licence. It will therefore be for local FIBs to take any action they consider necessary to record information about ECL only offenders on the local PNC. (para 8.2). Discharge Grants and Subsistence Allowance Full details of eligibility for discharge grants and subsistence payments is included in paras 11 to 14 the PSI. Currently the arrangements to make payments via Department Work & Pensions (DWP) apply only to those prisoners released for the full 18 days on ECL. Some prisoners at present are therefore paid in cash at the point of release.

2.3

2.4

OASYs, Case Management and Probation Supervision The arrangements set out in PC22/2007 are unchanged.

2.5 •

Recall Amended details of contact points in the ECL Team within the NOMS Post Release Section are included in para 10.2 of the PSI. This includes clarification of the emergency recall and out of hours arrangements set out in PC22/2007.

PC34/2007 – Additional Guidance for End of Custody Licence

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ISSUE DATE – 26 October 2007 3 of 4

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The decision to recall a prisoner from ECL is one for the Governor, or Controller. As with normal temporary release recalls, if a Governor recalls the prisoner during the ECL period, s/he will contact the local police force to request arrest (using form ECL10 in the attached PSI, para 9.2). ECL 10 gives the police clear instructions that the prisoner’s ECL licence has been revoked, that the prisoner is unlawfully at large until return to custody and gives them power of arrest. During the period of ECL for prisoners subject to post release licence, the first breach of licence conditions will trigger a request for recall from probation. Although it is for the Governor, or Controller to recall an offender from ECL, it is expected that, for prisoners subject to post release licence, recall action will usually be initiated by probation in the event of a breach of the ECL conditions (para 10.1). OMs should continue to use the breach notification form in Annex B of PC22/2007 (also included in the PSI at annex C) to report breaches to the ECL enforcement team within the NOMS Post Release Section. Where a Governor or Controller decides to recall a prisoner from ECL a copy of the ECL10 must also be sent to the ECL enforcement team within NOMS. Where the prisoner is subject to post release licence, this team will advise probation and monitor progress to check whether the offender has been apprehended and returned to custody. (para 10.5). If an offender is charged with committing a further offence whilst on ECL the police service will notify the ECL enforcement team as quickly as possible so that consideration may be given to recalling the offender (para 10.8). If an offender on ECL has not been charged with an offence but the police have concerns about their behaviour they have been instructed to notify the local probation area if the offender is subject to post release licence. Probation staff may then refer the case to the ECL Enforcement Team for consideration to recall.

2.6 Release following Recall There is no change to the guidance set out in PC22/2007

PC34/2007 – Additional Guidance for End of Custody Licence

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ISSUE DATE – 26 October 2007 4 of 4

Prison Service Instruction

Number 42/2007

END OF CUSTODY LICENCE (ECL) PSO 6300 - ROTL 26 October 2007 25 October 2008

CONTAINS MANDATORY INSTRUCTIONS For Action Governors, Directors and Controllers of Contracted prisons. For Information Prison Service Management Board Area Managers, National Commissioners Support Bureau Contact Point See para. 15 – (back page) Other Processes Affected 14 & 2 day check timings – PSO 6650 Monitored by Area Managers, National Commissioners Support Bureau On authority of Prison Service Management Board National Commissioners Support Bureau

NOTES NONE Issued 26/10/2007

PSI 42/2007

Page 1

END OF CUSTODY LICENCE 1. 1.1 Purpose and output This PSI consolidates existing guidance issued on the End of Custody Licence (ECL) scheme, as announced by the then Lord Chancellor on 19 June 2007.

2. 2.1

Background to the scheme As announced by the then Lord Chancellor on 19 June 2007, with effect from 29 June 2007 eligible prisoners serving sentences of between 4 weeks and less than 4 years may be released under temporary licence up to 18 days before their automatic/conditional release date. The new scheme enables suitable prisoners to leave prison, under licence, for the last 18 calendar days of the custodial portion of their sentence, subject to serving a minimum period of 7 days in custody from date of sentence. ECL is a form of Release on Temporary Licence (ROTL) under the provisions of Prison Rule 9 and Young Offender Institution Rule 5. Prisoners who successfully complete their period of ECL will not be required to return to the establishment before their normal release date. Unconvicted and convicted unsentenced prisoners are not eligible until such time as they are sentenced. ECL will assist prisoners with resettlement, for example by allowing them to seek employment/training earlier than their conditional release date from custody, and will provide relief to the prison population. Where prisoners are subject to supervision by the probation service on release, early contact with their supervising officer during the period of ECL will be required so that the process of supervision and rehabilitation within the community can begin at an earlier stage. However, during the period of ECL the prisoner will be subject to licence conditions set by the Governor who will have the power to recall prisoners if they fail to comply.

2.2

3. 3.1

Mandatory action All references to the role of Governors in this PSI also apply to Controllers of Contracted prisons. Governors must ensure that procedures are in place to ensure that eligible prisoners are released as soon as possible on reaching their eligibility date whilst also ensuring that arrangements are in place to give the Probation Service the minimum notice set out in paragraph 6.1 below before prisoners subject to supervision are released. Governors must ensure that prisoners subject to supervision are advised that their release on ECL is subject to reporting instructions being in place, in order to manage expectations. Eligibility Prisoners will not be required to apply for ECL, as is currently the case with other types of ROTL, but must be considered for it if they are eligible. Prisoners may, however, opt out of the scheme if they wish. In determining whether prisoners meet the eligibility criteria, prisons must use the information that is available to the Governor at the time of making the assessment. The assessment of eligibility is against the criteria for the scheme; there is no individualised risk assessment. Prisoners who meet the eligibility criteria and who have not opted out of the scheme may be released on ECL providing that the relevant release arrangements set out in this PSI in sections 5, 6, 7 and 8 have been met. It is expected that prisoners who meet

3.2

4. 4.1

4.2

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the eligibility criteria will be released on ECL, but as with other forms of Release on Temporary Licence, there is no entitlement to release on ECL. 4.3 The scheme will not apply to those granted early release under the Home Detention Curfew Scheme. Unconvicted and unsentenced prisoners are ineligible for any form of temporary release and so are ineligible for ECL. Other prisoners serving sentences of between four weeks and less than four years will be considered for the scheme unless they opt out or are otherwise excluded by the criteria set out in this PSI. As per current ROTL arrangements prisoners cannot be released on ECL to any place outside the United Kingdom, Channel Islands and the Isle of Man. The exclusions are as follows: (a) (b) (c) (d) (e) (f) (g) (h) Prisoners serving a sentence for a serious violent offence as listed at Annex A Prisoners subject to the registration requirements of the Sex Offenders Act 1997/Sexual Offences Act 2003 Prisoners who have previously escaped custody Prisoners who have breached temporary release conditions, Prisoners who have offended at any time during a period of temporary release Prisoners currently serving a sentence for failing to return from temporary release Prisoners who report that they do not have a release address Foreign prisoners who meet the criteria for referral to BIA for consideration for removal/deportation, as set out in PSO 4630 unless BIA have notified the prisoner of a decision not to deport Prisoners who are subject to extradition proceedings Sentenced prisoners who are remanded into custody on further charges, or who are awaiting sentence following further convictions Prisoner who have, on the current sentence, been recalled to custody either for breaching HDC conditions or breach of general licence conditions Prisoners under the age of 18 Prisoners serving DTO sentences Prisoners required to undertake a treatment programme as a condition of their supervision licence unless that programme can be arranged to commence during the ECL period or at a time otherwise agreed by the Offender Manager.

4.4

(i) (j) (k) (l) (m) (n)

Fines/ Civil Prisoners 4.5 Civil prisoners and fine defaulters may be considered for ECL provided they are not otherwise excluded.

Prisoners serving extended sentences 4.6 Prisoners serving extended sentences are eligible to be considered for ECL provided they do not fall within the exclusions at 4.4 of this PSI, and the overall length of sentence (including the extension period) does not total 4 years or more. The ECL eligibility date for extended sentence prisoners is 18 days before the Custody End Date (CED).

Calculating the ECL eligibility date – (This replicates guidance issued by global email to Governor’s/controllers on 21 August 2007.) 4.7 The ECLED will be 18 calendar days before the date of physical discharge. For example if the ARD/CRD is Friday 24/08/07, the ECLED will be Monday 06/08/07

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4.8

If the calculated ARD/CRD falls on a weekend or a public holiday then, as normal under s 23 of the Criminal Justice Act 1961, their physical discharge is brought forward to the preceding working day. In such cases, the ECLED will be 18 days before what would be the date of physical discharge. For example if the ARD/CRD is Sunday 26/08/07, meaning that the date of physical release from custody would be Friday 24/8/07, the ECLED is 06/08/07. In these cases the general licence/notice of supervision/ ‘at risk’ notice MUST commence on what would be the date of physical discharge had the prisoner been released from custody – which will always be a working day. This will ensure parity with the weekend release arrangements for those offenders not on ECL. Where the ECLED falls on a weekend or public holiday the eligibility date must be deferred to the next working day. For example if the ARD/CRD is Wednesday 29/08/07, the ECLED would be deferred from Saturday 11/08/07 to Monday 13/08/07. The ECLED eligibility LIDS report produces ECLED’s 18 days before the actual ARD/CRD and must be used as a guide to the ECLED only. Manual adjustments to the ECLED must be made after taking the above weekend factors in to account and the requirement of the scheme that 7 days in custody from date of sentence MUST be served before release on ECL may take place. Where it has not been possible to establish eligibility for ECL by the ECL eligibility date a prisoner may be released on ECL for the remaining period during the 18 days before the automatic release date once eligibility has been confirmed. Releases must not take place on Saturdays, Sundays or Bank Holidays. Prisoners whose ECL eligibility dates fall on those days must be released on the following working day.

4.9

4.10

4.11

Multiple sentences eligibility 4.12 Where a prisoner is serving more than one sentence of imprisonment where release from one has not taken place before another has been imposed, consecutive terms and terms which are wholly or partly concurrent must be treated as a notional single term for the purposes of establishing eligibility. This includes periods of licence revoke and consecutive sentences for fine defaulters/confiscation orders. For example, where a prisoner is released on licence, is recalled for committing a new offence and a further sentence is imposed concurrently or consecutively to the recall, the notional single term will comprise the recall period and the new sentence. Because the notional single term contains a recall period, the prisoner will be ineligible for ECL. Prisoners will not be eligible for release under the scheme if any of the sentences forming the notional single term is excluded by the criteria listed in para 4.4 above. Where a prisoner is serving multiple sentences under the Criminal Justice Act 2003 and the aggregate total of the sentences is 4 years or more, the prisoner is not eligible for ECL. Similarly, prisoners who receive multiple CJA03 sentences mixed with CJA91 sentences where the overall term of imprisonment, from the date of first sentence to the latest SED/SLED, excluding remand time, is 4 years or more are not eligible for ECL.

4.13

Interaction with HDC 4.14 ECL does not apply to those prisoners released on HDC. HDC assessments must continue as normal although prisons may wish to prioritise ECL assessments above HDC assessments for those prisoners sentenced to between 3 and 4 months as the period on ECL will be similar to that on HDC. Additionally, if the prisoner is refused HDC s/he may still be eligible for ECL so prisons must identify these prisoners. As with HDC, prisoners are also entitled to opt out of ECL.

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5. 5.1

Process to be completed in establishing eligibility Form ECL1 must be completed by a member of prison staff (likely to be someone in the Offender Management Unit) and Part 1 must be signed off by an EO or higher grade. If it is apparent at this stage the prisoner is ineligible for consideration they must be informed via form ECL4. If the prisoner meets the eligibility criteria form ECL2 must be issued to the prisoner requesting a proposed release address including full post code. The prisoner must also provide their bank account details if they have one as this will ensure swifter and easier payment of their subsistence during the ECL period. Although there is no requirement to carry out an assessment of the proposed release address for ECL, if the proposed address is in an area prohibited in the supervision licence (Form PD1 completed by the Probation Service will provide this information), release on ECL must not be granted unless another suitable alternative address is provided. On receipt of form ECL2 the Governor/Controller must complete part 2 of ECL1. If the prisoner is eligible for release on ECL they must be informed via ECL3.

5.2

5.3

5.4 5.5

Planning for Release on ECL: 5.6 Prisons must ensure that all normal discharge planning processes including liaison with offender managers, PD1 requests, reservation of hostel spaces, liaison with healthcare providers and all other normal discharge processes take account of the ECL eligibility date so that prisoners are released on their ECL eligibility date with all necessary measures in place. This includes the sentence calculation checks which must take place 14 & 2 days before actual release on ECL. Where the identified prisoner is receiving ongoing drug treatment through CARATs and/or Healthcare, the throughcare arrangements made for their release, through liaison with the Drug Interventions Programme and/or offender manager, should be brought forward to reflect the ECL date in order to ensure continuity of care. This is particularly important where there are ongoing prescription needs. (CARATs staff should refer to the End of Custody Licence guidance memo of 25 June 2007.) In cases of dual diagnosis (co-existing substance misuse and mental health problems), where a prisoner is also being managed under the Care Programme Approach, their CPA coordinator must also be informed as soon as possible.

5.7

Licences 5.8 If the prisoner is subject to probation supervision upon normal release, the normal supervision conditions as well as any additional conditions must be placed on the ECL licence (if these have not already been received by the prison on form PD1, the prison must ask probation if they wish for additional conditions to be added using form ECL7. (In the longer term we will seek to update the PD1 with reference to the ECL scheme). Where a prisoner is required to undertake a programme as a condition of their supervision licence that is due to commence at the point of a release but which cannot be re-arranged to commence at the ECL eligibility date, release on ECL must not be approved without the prior agreement of the offender manager (OM). The OM may either advise the prison to delay or refuse release if the programme cannot be rearranged to the satisfaction of the OM. The prisoner must be released on the appropriate ECL licence and also provided with their normal ‘at risk’/supervision licence at the same time.
Issued 26/10/07

5.9

5.10

Order ref. 6300

PSI 42/2007

Page 5

6. 6.1

Release Arrangements - prisoners subject to supervision Where a prisoner is subject to probation supervision on release, the probation office which covers the proposed release address normally be notified at least seven calendar days (one working week) prior to the date of release; where this is not possible, a minimum of two full working days notice must be given before release on ECL, using form ECL7. Notification to the Probation Office for all level 2 and 3 MAPPA cases must be sent a minimum of 7 days prior to release to enable proper implementation of the Risk management plan. In cases where the PD1 has already been completed for the normal release date, updated reporting instructions must be obtained from probation using form ECL7 and the ECL licence updated accordingly. Those prisoners who will be subject to probation supervision upon normal release from custody must have their supervision arrangements brought forward to begin from the point of release on ECL. These prisoners will be issued with two separate licences; one to cover the period on ECL, the other for their statutory period of licence supervision. The ECL licence must run from the day of release on ECL until midnight on the last day before release would have taken place, had ECL release not occurred. The general release licence must begin from the date release would have taken place were it not for ECL (see para 4.8-9 for details on ARD/CRDs that fall on non working days). Where a prisoner gives an address which is in a different probation area from any expected discharge address already known to the prison, clarification should be sought in consultation with the Offender Manager. Governors may need to consider prioritising cases requiring notification to the Probation Service to minimise delays to release.

6.2

6.3

6.4

6.5

Risk management arrangements: 6.6 For all prisoners, whether or not subject to supervision on release, any existing mechanisms in place (e.g. police notification arrangements, MAPPA and PPO arrangements) that are designed to deal with the risk that offenders present at the point of (any kind of) release must be put in place. Where this process includes MAPPA level 2 and 3 offenders there must be a discussion with the offender manager and the MAPPA Coordinator in the home area to ensure that the risk management plan can be put in place for the new release date. For example, where a risk management plan includes the need for an Offender to be housed in an Approved Premises then the availability of that accommodation for the earlier date, must be confirmed. Establishments should take appropriate action in response to any information they have received that the prisoner presents a threat of domestic violence or a threat to a specific victim on release. For example, where the offender has given the address of his victim as his release address, this ought to be flagged to the local police through MAPPA so that measures to address the risk can be put in place. These arrangements should ordinarily be completed in line with the prisoner’s ECL eligibility date. If it is impossible for those arrangements to be made in time, release on ECL must be delayed. But Governors must ensure as a high priority that prison staff liaise with police and probation, as appropriate, to ensure that releases are not unduly delayed.

7.

Discharge and Licence conditions/arrangements

Order ref. 6300

Issued 26/10/07

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7.1

The normal discharge process must be completed before prisoners are released on ECL, as prisoners will only return to custody before the ARD/CRD if they breach the ECL licence or commit a new offence during the ECL period. All prisoners released under the scheme will be issued with an ECL licence which will cover the full period of ECL. Other ‘at risk’ notices and supervision licences will commence from the normal release date (see para 4.7-9 for details on ARD/CRD) but must be issued in advance together with the ECL licence. ECL will not bring forward the licence or sentence expiry dates. The ECL licence must state clearly the specific days that the offender is subject to ECL. The prisoner must sign the licences issued before being released on ECL and the conditions of the licences must be clearly and carefully explained to the prisoner to ensure that he/she understands what is required. For prisoners subject to supervision, the ECL licence, together with the general supervision licence must be faxed, or emailed where possible, to the relevant probation service, the police Force Intelligence Bureau for the prisoners home address (using the contact list attached at Annex E) and the National Identification Service before 12 noon on the day of release on ECL. For prisoners not subject to supervision the ECL licence and the ‘at risk’ notice must be faxed only to the relevant Force Intelligence Bureau before 12 noon on the day of release.

7.2

7.2

7.3

8. 8.1

Informing the Police of release on ECL The local police (Force Intelligence Bureau (FIB) for the home address of the prisoner) must normally be informed of the impending release via form ECL 7 seven calendar days before the release date, and a minimum of 2 full working days where this is not possible.

Recording information on the PNC: 8.2 Where prisoners are released on ECL subject to supervision (those released from sentences of Detention in a Young Offender Institution (DYOI) and adult prisoners sentenced to 12 months or more), copies of their ECL and supervision licences must be sent to the NIS who will record the information on the National PNC. The NIS do not record licence information on the national PNC for prisoners released without supervision hence it is not necessary to provide NIS with a copy of the ECL licence for unsupervised prisoners. It will therefore be for local FIBs to take any action they consider necessary to record information about unsupervised offenders on the local PNC.

9. 9.1

Recalls Offenders on ECL are under temporary licence in the community under Prison Rule 9 (or YOI Rule 5) rather than under statutory licence. This means that until the end of the ECL period an offender is subject to recall by the Governor (Controller in a Contracted prison) if breaches are drawn to their attention. During the period of ECL prisoners will be liable to recall if they breach the terms of their ECL licence. As with normal temporary release recalls, if a Governor recalls the prisoner during the ECL period, s/he will contact the local police force to request arrest (using form ECL10), the power for such an arrest coming from the sentencing warrant which the prisoner is still subject to. Until the prisoner is returned to custody they will be unlawfully at large.

9.2

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9.3

The recall can only be authorised by the Governor and, as such, cannot be carried out by the Post Release Section of NOMS; their role is to collate data and monitor trends in the recalls of ECL offenders. Unlike other ROTL failures, a breach of ECL does not require recording on the IRS system. ECL failures are not included in the ROTL KPT. Breach Procedures Although ECL is a form of ROTL rather than a statutory licence, those offenders serving 12 months or more will be subject to probation supervision throughout the ECL period. It is envisaged that this period of supervision will be managed in the same way that the remainder of the supervision period will be managed and will be in accordance with Probation Service National Standards. During the period of ECL the first breach of licence conditions will trigger a request for recall from probation. Although it is for the Governor (or Controller) to recall an offender on ECL, it is expected that, for prisoners subject to supervision, recall action will usually be initiated by the Probation Service in the event of a breach of the ECL conditions. But it is possible that the recall action will be instigated as a result of information provided by the police (eg if the prisoner is arrested on further charges). Where an offender manager wishes to report failure to comply with licence conditions during the ECL period, a breach report will be submitted to the ECL Team within the NOMS Post Release Section using the form at Annex C. The Post Release Section will check that recall is appropriate and the form is complete before forwarding it to the Governor with a recommendation to recall. Such recommendations will normally be accepted. If for any reason a Governor is not minded to activate recall they must contact the Post Release Section to discuss their concerns with the team manager. The ECL enforcement team can be contacted on 020 7035 3883/3878/3881 or on ECL.Enforcement@justice.gsi.gov.uk. The office is open 9.00am to 5.00pm seven days a week. If the lines are busy a voicemail message can be left. If it is after office hours a voicemail message can also be left and the team will respond the following working day. However if the offender’s behaviour suggests that he presents a risk of harm and that delaying his recall until the following day would undermine the safety of the public, the offender manager should contact the NOMS Post Release Section out of hours service on 020 7035 4848. (The contact arrangements are the same as for the offender manager to ensure consistency within the recall process) If for any reason an offender manager has been unable to contact the ECL enforcement team, or the Out of Hours Recall officer, and needs to instigate recall proceedings immediately he/she has been advised to telephone the Discipline Office of the establishment from which the offender was released during normal office hours, or the Duty Governor of the releasing prison outside normal hours. The phone call must be followed immediately by the offender manager sending a fax or email to a named representative of the Governor.

10. 10.1

10.2

10.3

10.4

Recall Action to be taken by the Governor 10.5 If the Governor decides to recall a prisoner the FIB local to the prisoner’s address must be asked to arrest the prisoner and return him/her to custody using form ECL10. A copy of this form must also be sent, either by email to ECL.Enforcement@justice.gsi.gov.uk or by fax to the Post Release Section to confirm that the Governor has made a decision to recall the prisoner and the police have been notified. (Post Release Section must be notified of revocations in this way whether or not the prisoner is subject to supervision on release.)

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10.6

Where prisoners are subject to supervision, the Post Release Section will advise the Probation Service and monitor progress to check whether the offender has been apprehended and returned to custody. Where an establishment receives an offender into custody who has been recalled from ECL it must notify the Post Release Section immediately, and update LIDS as appropriate. The Post Release Section has set up a central database to collate details of offenders whose ECL has been revoked. In the case of offenders serving less than 12 months and who are not subject to probation supervision, there will be instances where a breach of the ECL licence will be brought to the attention of the Governor by a third party and the Governor must consider whether to revoke. In these cases the breach form must be filled in by the Governor, and a copy sent to the Post Release Section, so that the details can be entered onto the database.

10.7

Police Action required - Offenders on ECL who are charged with a further offence 10.8 If an offender is charged with committing a further offence whilst on ECL it is important that the force notifies the central ECL enforcement team in NOMS as quickly as possible so that consideration may be given to recalling them back to prison.

Prison Establishment Action required – offenders received for further charges during the ECL period 10.9 Where an offender has been received to prison as a new reception, but IIS reception checks reveal that the reception has taken place during a period of ECL, the prisoner must be put back on the ECL prison number and the prisoner must continue to serve the remainder of the ECL period (to the ARD/CRD) in custody. The further matters must be added to the ‘old’ number as a new case.

10.10 Where putting a prisoner back on to the ECL prison number involves the need to merge two LIDS records, the guidance contained at Annex D (which replicates guidance in the Note to Governors issued on 1 August 2007 entitled “ECL – Consecutive Movements, Reception Following Recall and Licence Templates– Guidance for Governors”) must be followed. Until further notice it will not be possible to merge LIDS records where one is an ECL record without the LIDS team facilitating the process. 10.11 The prison MUST advise the ECL enforcement team in NOMS (contact details in Para 10.3) immediately, so that appropriate steps may be taken to record the reception as a return to custody after recall from ECL. 11. Payment of Subsistence (including DWP subsistence) and Housing Costs for Prisoners Released Under ECL. Subsistence 11.1 Subject to meeting the eligibility requirements listed in paragraph 13.1 below, all prisoners aged 18 or over, who are eligible for ECL may receive subsistence payments are in lieu of benefits payments, for which prisoners are ineligible until their formal release date. In order to reduce the likelihood of a finance gap, prisoners are advised to contact DWP as soon as the period of ECL comes to an end to ensure they make any appropriate claim for benefits. Rates of payment 11.2 Eligible prisoners will receive a combination of the normal discharge grant plus a subsistence payment in lieu of benefits. This will be calculated on the following basis:
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Discharge grant: Weekly subsistence payment:

£46 £47.12

Daily subsistence rates for periods of less than a full week £7 For each whole week on ECL the prisoner will receive a payment of £47.12. For parts of a week the prisoner will receive a payment of £7 per day.

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Examples: Prisoner A, who is to be released for the full ECL period of 18 days, could be eligible for a total payment of £168.24 made up as follows: Discharge grant: Week one subsistence: Week two subsistence: 4 days subsistence: Total: £46 £47.12 £47.12 £28 £168.24

Prisoner B, who is to be released for a period of 14 days on ECL, could be eligible for a total payment of £140.24 Discharge grant: Week one subsistence: Week two subsistence: Total: £46 £47.12 £47.12 £140.24

12. 12.1

Payment of discretionary deposit and rent payments for prisoners on ECL At the Governor’s discretion, all prisoners aged 18 or over who are selected for the ECL are eligible for the payment of housing costs unless they are excluded under the criteria at para 13.1below. Weekly rent of £50 to £70 (see regional guide below) may be paid directly to a genuine accommodation provider to help the prisoner secure and pay for housing costs to a release address. (The number of weekly payments and amount paid will depend on the period of ECL and the area of release). Additionally, prisoners are eligible for a one off payment of up to £50 if a deposit if required. The weekly housing payment covers a maximum period of up to 3 weeks. (This does not include the discretionary deposit payment) The establishment must check that the address is bona fide unless it is already known as suitable, through receipt of a letter, fax or email on headed paper. In the case of private landlords, who may not be able to provide this, the establishment must satisfy themselves that the accommodation is genuine, by checking for example, reception address, correspondence or visits sheets to ensure that the address is not that of a friend or relative. Establishments may also do this by way of a telephone call if they consider this necessary. The payment must not be made to the prisoner or to a known friend or relative of the prisoner. If there is doubt that the address offered is not from a suitable provider, the payment must not be made. Application for the discretionary payment

12.2

Once it is established that the prisoner is eligible for ECL then form ECL 11, which can be found at Annex B must be issued to prisoners who wish to apply for a discretionary deposit and rent payment to help secure accommodation on release. Where practical, authorisation for payment must be completed one week before discharge, and arrangements made to forward the payment to the housing provider. The prisoner and

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housing provider must be notified that the discretionary accommodation payment has been made. Under no circumstances must any discretionary accommodation payment be made directly to the prisoner or be issued for any reason other than to secure accommodation on release. Recovery of Deposit and Rent 12.3 If it becomes known that an offender has not gone to the address which has been secured for him/her, efforts must be made to recover payments. This could include a written request to the landlord for the payment in question or placement of another offender if possible.

Regional Guide to weekly rents across England and Wales 12.4 Region England North East North West Yorkshire and the Humber East Midlands East London South East South West Wales All regions £50-£60 £50-£60 £50-£60 £50-£60 £50-£60 £50-£70 £50-£70 £50-£70

£50-£60

Examples of maximum payments for housing costs • Prisoner A at HMP Leeds is to be released on ECL for a period of 18 days: He could be eligible for a £50 deposit and a maximum of £180 (at a weekly rent of £60) making a total payment to the housing provider of £230. Prisoner B at HMP Brixton is to be released on ECL for a period of 11 days. He could be eligible for a £50 deposit and a maximum of two weeks rent at £70 per week making a total payment of £190

13. 13.1

Exclusions from payment of discharge grant, subsistence or housing costs: Prisoners in the following categories are NOT eligible for a subsistence payment, discharge grant or payment of housing costs: • • • • Those recalled for a breach of ECL will not be eligible for payment of a discharge grant or any other payment on re-release. Civil prisoners Sentenced prisoners who are known to have in excess of £500 in personal funds Fine defaulters and those held on further warrants.
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Convicted offenders who have completed their sentence of imprisonment and who qualify for a grant but remain in custody in default of payment of a fine or remanded on further charges will receive the grant on their final release. However they will not be eligible for payment of subsistence or housing costs.

14

The paragraph below sets out the arrangements under which subsistence payments under the ECL scheme will be paid direct to prisoners by prison establishments. Prisoners spending less than 18 days on ECL

14.1

Prisons will pay normal discharge grants and subsistence for prisoners being released under ECL for less than 18 days. Prisoners spending the full 18 days on ECL

14.2

Prisons will only pay normal discharge grants for prisoners being released under ECL for the full 18 days. Subsistence payments will be paid by DWP. The Operational Policy Unit (OPU) must be informed of any prisoners being released on ECL for the full 18 days so that this information can be passed to DWP from a central contact point using form ECL8 in Annex B. Notification must be received by OPU a minimum of three working days prior to discharge. Any notifications received after this stage may lead to the prisoner having to be paid subsistence locally as it will be too late to set up payments with DWP. OPU must be informed immediately of those prisoners serving the full 18 days on ECL who have been recalled (irrespective of whether or not they have been returned to custody) so that DWP payments can be terminated.. Process on release

14.3

An ECL 8 Form (Annex B) must be completed and emailed to ECL@hmps.gsi.gov.uk a minimum of three working days prior to discharge. This will ensure that DWP have the necessary data at least 7 working days before the first payment is required. Bank Details

14.4

Direct payment into a bank account is by far the most secure and reliable way of paying subsistence. If the prisoner has a bank account, it is in their interest to provide the correct details of the account rather than asking for cheques to be sent to an address. Postcodes

14.5

If a prisoner does not have a bank account it may be possible for DWP to send a Giro cheque to their release address. However, DWP will only pay by Giro cheque providing that a full postal address including postcode is provided. In all cases (either by bank transfer or Giro cheque) a full postal address including postcode is required by DWP for them to make the payments. In the small minority of cases where prisoners are being released for the full 18 days and cannot provide bank account details or a full postal address, inclusive of postcode, prisons must pay the discharge grant and subsistence payments at point of release.

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Accommodation address 14.6 Prisoners must reside and remain at the approved ECL address for the duration of their licence. All Giro cheques and remittance advice slips are sent to the release address provided. Any subsequent change of address must be approved by the Governor of the releasing prison. A change of address without approval will put the prisoner in breach of their ECL licence. Prisons must inform the OPU with the new approved address by email ECL@hmps.gsi.gov.uk for those spending the full 18 days on ECL

Process for recall 14.7 An ECL 9 Form (Annex B) must be completed and emailed to ECL@hmps.gsi.gov.uk as soon as the Governor has made the decision to recall the prisoner so that payments can then be terminated. Prisons must send both release and recall information to OPU at the above email address on a daily basis only for those serving the FULL 18 days on ECL. Nil returns are not required.

15.

Contact points :

NOMS Sentencing Policy and Penalties Unit Junior Ogueri or Suleman Qureshi on 020 7035 4123/4128 Email: Suleman.Qureshi8@homeoffice.gsi.gov.uk or Chijioke.Ogueri@homeoffice.gsi.gov.uk Discharge NOMS Partnerships Unit Stella Francoise 020 7035 3084 Operational matters re payment of subsistence via DWP Operational Policy Unit Jonathan Vellacott 020 7217 2590 or Sarah Anderson 020 7217 6590 DWP Contact Point Payment Policy - David Griffiths 02920 381 102 Payment Related queries – Tanya Bedden 02920 381 225

Michael Spurr Deputy Director General

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ANNEX A

Offences for which prisoners will be excluded for release on ECL Any queries on this list should be directed to the Helpline on 020 7035 4123 or 4128.

OFFENCE Violence Against the Person Murder Attempt to commit murder or a conspiracy to commit murder Manslaughter Soliciting murder (section 4 of the Offences against the Person Act 1861) Wounding with intent to cause grievous bodily harm (section 18 of the Offences against the Person Act 1861) Malicious wounding (section 20 of the Offences Against the Person Act 1861) Torture (section 134 of the Criminal Justice Act 1988) Attempting to choke, suffocate or strangle in order to commit or assist in committing an indictable offence (section 21 of the Offences Against the Person Act 1861) Maliciously administering poison etc. so as to endanger life or inflict grievous bodily harm (section 23 of the Offences Against the Person Act 1861) Causing bodily injury by explosives (section 28 of the Offences Against the Person Act 1861) Using explosives etc. with intent to do grievous bodily harm (section 29 of the Offences Against the Person Act 1861) Placing explosives etc. with intent to do bodily injury (section 30 of the Offences Against the Person Act 1861) Setting spring guns etc. with intent to do grievous bodily harm (section 31 of the Offences Against the Person Act 1861) Causing explosions likely to endanger life or property (section 2 of the Explosives substances Act 1883) Attempt to cause explosion, or making or keeping explosive with intent to endanger life or property (section 3 of the Explosive Substances Act 1883) Child destruction (section 1 of the Infant Life (Preservation) Act 1929) Cruelty to children (section 1 of the Children and Young Persons Act 1933) Infanticide (section 1 of the Infanticide Act 1938) Firearms offences Possession of firearm with intent to endanger life (section 16 of the Firearms Act 1968) Burglary Burglary with intent to inflict grievous bodily harm on a person Aggravated burglary (section 10 of the Theft Act 1968) Criminal Damage Arson endangering life (contrary to section 1(2 a and b) and 1(3) of the Criminal Damage Act 1971) Violence relating to aircraft, railways etc Hijacking (section 1 of the Aviation Security Act 1982) Destroying, damaging or endangering safety of aircraft (section 2 of the Aviation Security Act 1982) Other acts endangering or likely to endanger safety of aircraft (section 3 of the Aviation Security Act 1982) Other acts endangering or likely to endanger safety of aircraft (section 6 of the Aviation Security Act 1982 Offences in relation to certain dangerous articles (section 4 of the Aviation Security Act 1982) Endangering safety at aerodromes (under section 1 of the Aviation and Maritime Security Act
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OFFENCE 1990) Hijacking of ships (section 9 of the Aviation and Maritime Security Act 1990) Seizing or exercising control of fixed platforms (section 10 of the Aviation and Maritime Security Act 1990) Destroying fixed platforms or endangering their safety (section 11 of the Aviation and Maritime Security Act 1990) Other acts endangering or likely to endanger safe navigation (section 12 of the Aviation and Maritime Security Act 1990) Offences relating to Channel Tunnel trains and the tunnel system (Articles 4,5, 6,7 and 8Part II of the Channel Tunnel (Security) Order 1994 (S.I. 1994/570)) Shooting at naval vessels (section 85(2) of the Customs and Excise Management Act 1979 Miscellaneous violence Causing or allowing the death of a child or vulnerable adult. (Section 5 of the Domestic Violence and victims of Crime Act 2004) Genocide, crimes against humanity, war crimes and related offences), other than one involving murder (section 51 or 52 of the International Criminal Court Act 2001) Hostage-taking (section 1 of the Taking of Hostages Act 1982)

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Annex B

Her Majesty’s Prison Service
Form End of Custody Licence (ECL) 1 This form must be completed for all prisoners being considered for ECL Surname ………………. Prison Number…………. Sentence Length…….. ECL eligibility date………. Forenames………….. DOB………….. Current Offence………… ARD/CRD……………...

Release Address (including post code):

Part 1) The following checklist must be authorised by an EO or above in determining eligibility for ECL. If the answer is ‘yes’ to any of the questions below the prisoner is ineligible for ECL.
YES NO

(a) (b) (c) (d) (e) (f) (g)

Is the prisoner serving a sentence for a serious violent offence as listed at Annex A of PSI 42/2007? Is the prisoner subject to the registration requirements of the Sex Offenders Act 1997/Sexual Offences Act 2003? Has the prisoner previously escaped custody? Has the prisoner breached temporary release conditions? Has the prisoner offended at any time during a period of temporary release? Is the prisoner currently serving a sentence for failing to return from temporary release? Is the prisoner a Foreign national who meets the criteria for referral to BIA for consideration for removal/deportation, as set out in PSO 4630, and who has not been notified of a decision not to deport him/her? Is the prisoner subject to extradition proceedings? Is the prisoner also remanded into custody on further charges, or is awaiting sentence following further convictions? Has the prisoner, on the current sentence, been recalled to custody either for breaching HDC conditions or breach of general licence conditions? Is the prisoner under the age of 18? Is the prisoner serving a DTO sentence? Is the prisoner required to undertake a treatment programme as a condition of their supervision licence unless that programme can be arranged to commence during the ECL period?
Issued 26/10/07

(h) (i) (j)

(k) (l) (m)

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Checklist authorized by:

Name…………………………. Grade………………… Date……………….

Part 2) The Governor must use the information available to him/her at the point of consideration for ECL in determining whether the prisoner is excluded. Does the prisoner fall within the list of exclusions above? Yes*/No* If yes, the prisoner is ineligible for ECL and must be informed in writing on form ECL4. If the prisoner is eligible there is a presumption that release will take place and they must be informed in writing on the form ECL3.

Governor/Controllers Authorisation The prisoner meets the eligibility criteria for ECL and will be released on ECL subject to provision of an address and supervision arrangements being in place, where appropriate.* The prisoner does not meet the eligibility criteria for ECL* Signed: Date:

*Delete as appropriate

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Her Majesty’s Prison Service
Form End of Custody Licence (ECL) 2 Proposed Release Address Surname ………………. Forenames………….. Prison Number…………. ARD/CRD……………...

ECL eligibility date……….

Proposed Release Address (including post code):

Bank Details (for subsistence payments – see below for more details): Name of Account Holder: Account Number: Sort Code:

If you meet the eligibility criteria as specified in PSI 42/2007 you may be released on licence up to 18 days before your Automatic/Conditional Release date. WARNING: If you are released on ECL you will be subject to conditions which include a requirement to reside at your proposed address during the licence period. You will be liable to recall to custody if you breach of any of the licence conditions. The address and postcode you provide above must be correct otherwise payment of any subsistence or housing payments for which you may be eligible may be significantly delayed or not paid. Please be aware that you will be liable to recall to prison if any claims for subsistence or housing costs are found to be fraudulent. You will be committing an offence if you make a fraudulent claim and will be liable to prosecution.

Prisoner signature:

Date:

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Note to prisoner regarding the process for DWP payments Payment of your End of Custody Licence payments will be made by the Department for Work and Pensions Shared Services. You will receive a discharge grant of £46 on release. You will then receive your first payment of £47.12 eight days following release, followed by two further payments on the 15th (£47.12) and 22nd day of your release (£28), which is a total of £122.24. The preferred payment method is by Direct Payment (electronic transfer into your bank account). This is the most secure and reliable method of payment. You should ensure that your bank details have been provided to your releasing prison prior to release. Where you receive payment directly into your bank account you will receive a remittance advice notice to confirm that the payment has been made. In exceptional cases, payment can be made by a Giro Cheque, which you will be able to cash at a Post Office or pay into a bank account. At the time you present the cheque at a Post Office you will need to provide proof of identity such as: • • • • Full Driving Licence Council Rent Book Valid Passport Birth, Marriage or Civil Partnership Certificate

If you do not have a job to go to when your End of Custody Licence period has finished you can contact Jobcentre Plus to make an appointment to claim benefit, if one has not already been arranged for you. The contact number is 0800 0556688. It is important to note that you will not be eligible for most benefits whilst you are released on an End of Custody Licence. If you contact Jobcentre Plus before your temporary licence period has ended you must inform them that you have been released under End of Custody licence. If you have any queries regarding the payment, please contact DWP Shared Services Payment Helpline on 029 20 381111.

NB – Subsistence payments If you meet the criteria for receipt of subsistence payments as specified in para 13.1 of PSI 42/2007 you must bear in mind the following:

1. Providing your bank account details is the most secure and reliable way of receiving subsistence
payments during the ECL period.

2. If you are unable to provide bank account details, to enable cash cheque payments to be processed
you must ensure the post code for the release address you provide is correct; if it is incorrect this may cause significant problems and delays in you receiving payment. 3. If you need to change your address during the ECL period you must firstly request permission from the Governor of your releasing prison. If it is necessary to re-direct your payments to your new address this may cause significant delays in receiving your payment. 4. It is your responsibility to look after monies you receive; replacement payments for lost/stolen cheques will only be made in exceptional circumstances. In such cases replacement payments can only be made in to a bank account. If you do not have your own bank account you may, at your own risk, request payments to be made into the bank account of a partner/spouse, close relative or a close friend if they are willing to accept payments on your behalf.

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Her Majesty’s Prison Service
Form End of Custody Licence (ECL) 3 Notification of Decision Surname ………………. Forenames………….. Prison Number…………. ARD/CRD……………...

ECL eligibility date……….

Release Address (including post code):

You have been identified as being eligible for ECL and will be released on xx/xx/xx. You will be subject to the conditions as specified on the ECL licence until your Automatic/Conditional release date from custody. You will be given a licence to sign before your release on ECL which will give details of the licence conditions which will apply to you. If you breach the conditions of the ECL licence you are liable to recall to custody until your ARD/CRD. If you are subject to supervision on release you will be subject to probation supervision from the time you leave custody on ECL. Once the period on ECL is complete your normal release licence will be activated.

Governor/Controllers Authorisation

Signed:

Date:

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Her Majesty’s Prison Service
Form End of Custody Licence (ECL) 4 Notification of Decision Surname ………………. Forenames………….. Prison Number…………. ARD/CRD……………...

ECL eligibility date……….

Release Address (including post code):

You have been identified as ineligible for ECL and will therefore remain in custody until your Automatic/Conditional Release Date. You are ineligible because:

If you wish to appeal against this decision, you should ask a member of staff on how to do so.

Governor/Controllers Authorisation

Signed:

Date:

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Her Majesty’s Prison Service
Form End of Custody Licence (ECL) 5 Establishment: Tel No: Licence for adult prisoners serving 12mths or more*/ all Young Offenders*/ Section 40A of the CJA91 release provisions* Surname ………………. DOB…………………….. Forenames………….. Prison Number…………. PNCID/CRO No……………………..

TERMS AND CONDITIONS OF END OF CUSTODY RELEASE FROM PRISON 1. You are to be released from prison on ECL from: to:

Release Address (including post code):

2. You may be recalled to prison at any time if you breach any of the conditions of this licence. 3. If you remain at large after an order recalling you has been made you will be liable for arrest. 4. You must have this form with you throughout your period of ECL and must produce it if requested to do so by a police officer, or probation officer. 5. You must not change the address to which you have been released without permission from the Governor/Controller of your releasing prison. 6. You are required to report to the probation officer mentioned below At hrs on Probation Officer Mr/Mrs/Miss/Ms: Address: Tel No:

7. You must be of good behaviour throughout the period of ECL.

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8. While under supervision you must:
i. Be well behaved, not commit any offence and not do anything which could undermine the purposes of your supervision, which are to protect the public, prevent you from reoffending and help you to re-settle successfully into the community; Keep in touch with your supervising officer in accordance with any instructions that you may be given; If required, receive visits from your supervising officer at your home/ place of residence (e.g. approved premises); Permanently 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;

ii.

iii.

iv.

v.

Undertake only such work (including voluntary work) approved by your supervising officer and notify him or her in advance of any proposed change;
Not travel outside the “United Kingdom” (for the purposes of this licence “United Kingdom” includes the Channel Islands and the Isle of Man) unless otherwise directed by your supervising officer (which will be given in exceptional circumstances only) or for the purposes of immigration deportation/removal. (Additional licence conditions)

vi.

vii.

9. Failure to comply with any of the terms and conditions of this licence is a disciplinary offence

On authority of the Secretary of State (Governor or Controller)

Signed:

Date:

I have read and understand the above terms and conditions of my temporary release.

Signed:

Date:

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Her Majesty’s Prison Service
Form End of Custody Licence (ECL) 6 Establishment: Tel No: Licence for adult prisoners serving less than 12 months Surname ………………. DOB…………………….. Forenames………….. Prison Number…………. PNCID/CRO No……………………..

TERMS AND CONDITIONS OF END OF CUSTODY RELEASE FROM PRISON 1. You are to be released from prison on ECL from: Release Address: to:

2. You may be recalled to prison at any time if you breach any of the conditions this licence. 3. If you remain at large after an order recalling you has been made you will be liable for arrest.

of

4. You must have this form with you throughout your period of ECL and must produce it if requested to do so by a police officer, or probation officer. 5. You must not change the address to which you have been released without permission from the Governor/Controller of your releasing prison. 6. Should you need help or advice during the period you are on ECL, you may contact the prison from which you were released. The contact details are below Prison: Address:

Tel No: 7. You must be of good behaviour throughout the period of ECL.

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8. You must not travel to any place outside the United Kingdom, Channel Islands and the Isle of Man during your period of ECL.

9. Failure to comply with any of the terms and conditions of this licence is a disciplinary offence.

On authority of the Secretary of State (Governor or Controller)

Signed:

Date:

I have read and understand the above terms and conditions of my temporary release.

Signed:

Date:

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Her Majesty’s Prison Service
Form End of Custody Licence (ECL) 7 Notification to the Probation Service/ Local Police Surname ………………….. Prison Number…………... PNCID/CRO No…………….. Sentence Length…….. ECL eligibility date………. Release Address: Current Offence………… ARD/CRD……………... Forenames………….. DOB…………..

The prisoner referred to above has been identified as eligible for release on ECL and will be released on the following date: This prisoner is/is not* subject to supervision by the Probation Service upon normal release from custody. For those prisoners subject to supervision (adult prisoners serving 12 months or more, young offenders and prisoners released under the provisions of section 40A of the Criminal Justice Act 1991) at the normal release point reporting instructions will be added to the ECL licence. A copy of the ECL licence (and the normal licence if the prisoner is subject to supervision) will be forwarded to you before 12noon on the day of release on ECL.

Signed:

Date:

*Delete as appropriate

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Form End of Custody Licence (ECL) 8

NOTIFICATION TO HQ OF THOSE PRISONERS BEING RELEASED FOR THE FULL 18 DAYS ON ECL (FOR DWP PURPOSES)

FROM: NAME ………………………………………………………………………………... HMP ………………………………………………………………………………….. CONTACT E-MAIL/TEL NO ……………………………………………………….. ECL ACTUAL RELEASE DATE………………………………………………… IS THE PRISONER BEING RELEASED FOR THE FULL 18 DAY PERIOD ON ECL YES/NO…………………………….. ARD/CRD……………………………………………… SURNAME ………………………………………………………………………… FORENAME ………………………………………………………………………. DOB ……………………………………………… PRISON NUMBER …………………………….. SENTENCE LENGTH……………………………………………………………….. CURRENT OFFENCE………………………………………………………………. DISCHARGE ADDRESS .….………….…………………………………………. ….…………………………………………………….. ….…………………………………………………….. BANK DETAILS Bank Name: Name of Account Holder: Account No: Sort Code:

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Form End of Custody Licence (ECL) 9

NOTIFICATION TO HQ OF THOSE PRISONERS RECALLED ON END OF CUSTODY LICENCE (ECL)

FROM: NAME ………………………………………………………………………………... HMP ………………………………………………………………………………….. CONTACT E-MAIL/TEL NO ……………………………………………………….. ECL ACTUAL RELEASE DATE……………………………………………… ECL RECALL DATE …………………………………………………………… ARD/CRD……………………………………………. SURNAME ………………………………………………………………………… FORENAME ………………………………………………………………………. DOB …………………………… PRISON NUMBER …………………………….. SENTENCE LENGTH……………………………………………………………….. CURRENT OFFENCE……………………………………………………………….. DISCHARGE ADDRESS ….………….…………………………………………. ….…………………………………………………….... ….……………………………………………………… ……………………………………………….………… ….………………………………………………………

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Form End of Custody Licence (ECL) 10

BREACH OF END OF CUSTODY LICENCE NOTICE TO RECALL – POWER OF ARREST This form confirms that the prisoner whose details are provided below has failed to comply with the conditions set out in the End of Custody Licence and is unlawfully at large.
Prison No. Prisoner’s Name DOB PNCID/CRO number Unconditional or Conditional Release Date Date of Release on ECL Licence

Release Address

Probation Office Address

Probation Officer

Reason For Recall

Date of Revocation of ECL Licence

Name of Recalling Governor

Signature of Recalling Governor

Name of Recalling Prison

Telephone Contact No of Recalling Prison

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Form End of Custody Licence (ECL) 11 APPLICATION FOR ACCOMODATION AND SUBSISTANCE PAYMENTS FOR PRISONERS RELEASED ON THE END OF CUSTODY LICENCE (ECL). BEFORE COMPLETING THE STATEMENT OVERLEAF READ THE GUIDANCE NOTES CAREFULLY: (To be completed in block letters by the applicant) Prison Number. …………………………………………………… Surname …………………………………………………………… Forename(s) ……………………………………………………… Release date ………………………………………………………. I declare the total money available to me to be: At this establishment (earnings and private cash) £………………… Elsewhere (cash, savings and investments) £………………… Total £………………… * Answer whichever of questions 2, 3 or 4 applies to you 2. ∗ I am returning to my home address at: …………………………………………………………………………….. …………………………………………………………………………….. ∗ I will be living at the following address: …………………………………………………………………………….. …………………………………………………………………………….. for the following reason:………………………………………………… …………………………………………………………………………….. …………………………………………………………………………….. ∗ I have no address to go to, and will need to have accommodation arranged for me (If an advance payment of rent is necessary to secure accommodation, the Governor at his discretion may pay a £50 deposit and a weekly rent for the duration of the ECL licence directly to a genuine accommodation provider to help secure a release address).

3.

4.

I declare that the information I have given above is true Signature.……………………. Date…………………………..

I wish to claim subsistence payments for the duration of my licence

I declare that the information I have given above is true Signature.……………………………….. Date…………………………..

Order ref. 6300

Issued 26/10/07

PSI 42/2007

Page 31

FOR OFFICIAL USE ONLY

1.

Eligibility ……………………………………………(Name), ………………(Prison Number) serving a sentence of ………………………………………will be aged ………(years) on ……………………………………………. (expected date of release). I am satisfied that the prisoner’s assets are within the current limits for an accommodation and /or subsistence payment. Signed…………………………………………………. Date……………………………

2.

Arrangements have been made for housing payments to be paid to the following address: ………………………………………………………………………………………………… ………………………………………………………………………………………………… ………………………………………………………………………………………… An deposit payment of up to £ ……………..…………will be required A weekly rent of up to £…………….. (Max see guidance) is recommended.

Signed…………………………………….…Date………………………… Recommending Officer Final assessment (when a prisoner is identified as eligible for ECL but no later than 48 hours prior to release) Payment of an accommodation and /or subsistence payment of £……….… is/is not approved Signed………………………………….….Date…………………………… Authorising Officer Establishment……………………………………………………………….

3. 4. 5. 6. 7.

Recommending Officer informed……………………………………….….. Cashier informed – details of cheque payee and address Entered on F405 and B79 (DG) prepared ………………………………… Form B79 (DG) issued………………………………………………………. Filed in record…………………………………………………………………

Order ref. 6300

Issued 26/10/07

PSI 42/2007

Page 32

Annex C to PSI 42/2007

Breach of End of Custody Licence
To be sent via email to ecl.enforcement@justice.gsi.gov.uk XXX Area
OFFENDER DETAILS:

Name: (First name, family name) Date of Birth: Address:

Post Code: Telephone Number: CRN Case Reference Number: Prison Number: Index Offence: Date of Release on End of Custody Licence: Conditional Release Date (halfway point of sentence): PROBATION DETAILS: Name: Official Title: Office Location: Tel No: Date report completed and signed:

Order ref. 6300

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PSI 42/2007

Page 33

1. Nature of Breach

Please provide a brief outline of the circumstances of the breach:

Is the offender’s whereabouts currently known? If yes, give detail:

2. Further charges

If offender has been arrested on suspicion or convicted of an offence, please provide detail:

Offender Manager Signature: Name: Date:

Line Manager Signature: Name: Date:

Assistant Chief Officer or equivalent Signature: Name: Date:

Order ref. 6300

Issued 26/10/07

PSI 42/2007

Page 34

Annex D

ECL – Data Reporting and IT
1 The system originally implemented to accommodate ECL releases using the virtual ‘R’ component code has caused some operational difficulties and EDS have been working on an alternative solution to address those difficulties. Between 15th and 22nd October the LIDS system for processing ECL will be upgraded for each establishment removing the use of the ‘ R’ component code. Once upgraded, the processing of the movement code ‘EL’ will follow the same process as other discharge movement codes. Guidance to establishments on how to process ECL discharges as soon as they receive the upgrade is provided below.. A diary entry for the date of ECL release must be made using the ‘EL’ code. On the day of ECL release, Reception will discharge the prisoner using the “Confirm Discharge” option in the usual way. The system will automatically free the location and record the movement as a temporary discharge in LIDS. The details will be preserved as a temporary absence that may be easily identified by EPD group and RDS as not counting towards the population figures. The system will allow Finance to make up the full discharge money for this type of release, will clear the property box and close any open self harm record. Once the ARD/CRD is reached, Governors MUST make arrangements to final and consecutive discharge the prisoner as sentence complete following the consecutive movement guidance previously issued and duplicated below. A report will be made available to be run by establishments as often as required, which will provide the release dates and ECL eligibility dates for prisoners whose release date is within a range of dates specified by the user. The report will filter out unsentenced and unconvicted prisoners and will list prisoners with sentences in the range of 4 weeks to less than 4 years, without an HDCAD, and ARD/CRD dates not blank. The report will show prison number, surname, initials, main offence, sentence length, ARD/CRD and ECLED. If an ‘EL’ diary entry already exists, this will show as ‘Y’ on the report to indicate ECL has been checked and approved. Further investigation in to the particular cases of the prisoners listed will be required to confirm eligibility for release on ECL, taking in to account the ECLED where weekends fall at the ARD/CRD or ECLED (paragraphs 4.710 of the PSI provide further details). Should a prisoner be received following recall by the Governor during the ECL period, s/he should be brought in using the ROTL failure code “7” (recall from end of custody licence (ECL). If the prisoner is received during the ECL period, or following recall from ECL to a different establishment from the releasing one , Reception will still bring the prisoner in on reception code ‘7’. The previous releasing establishment must be contacted and asked to create a ‘TI’ movement code transferring the data to the current establishment. The transferred data may then be merged using the merge process function to put the prisoner back on his old number in the usual way without having to contact the EDS helpdesk.

2 3

4

5

6

7

ECL – Consecutive Movements, Reception Following Recall and Licence Templates– Guidance for Governors 1 The first ECL extract, which forms the basis of statistics reported to Ministers, examined by RDSNOMS has revealed that establishments are not accurately recording the following: Consecutive movements on automatic or conditional release date (ARD/CRD) to close off the ECL period Returns to custody following an ECL recall 2 By not closing off the ECL period on the ARD/CRD, the prisoner remains on the population figures for the establishment, carried as a TA (temporary absence), thereby adversely affecting the local and national population figures.

Order ref. 6300

Issued 26/10/07

PSI 42/2007 3

Page 35

Similarly, if an incorrect reception code is entered following recall from ECL, it will not be possible to accurately report how many of those released on ECL have been returned to custody. To maintain accurate population information Governors MUST ensure procedures are in place to facilitate consecutive movements being entered on LIDS on the day of ARD/CRD, or the next working day where the ARD/CRD falls on a weekend/Bank Holiday and that reception staff enter the correct code (Reception code ‘7’) on LIDS when receiving a prisoner following recall from ECL. On receipt of this note, Governors must identify any prisoners who have already completed a successful period of ECL where the LIDS record has not been ‘closed off’ at the ARD/CRD ensuring those records are updated immediately with the consecutive movement code. Identification of those prisoners who have successfully completed the ECL period

4

5

6

A LIDS report has been made available to establishments, during the week commencing 23 July 2007, to help identify those prisoners currently on ECL requiring the consecutive movement code entering to ‘close off’ the ECL period at ARD/CRD. To run the report: Select Option 3 Option 1 Option 0 Option 6 Reports Menu General Details Further Options Released on ECL Report Select your preferred order for the report to be produced from 1 Prison Number 2 Surname 3 Release Date

However, before the consecutive movement code transaction is completed a check MUST be made on IIS to ensure the prisoner has not been returned to custody in any way during the ECL period. If custody at another establishment is detected as a result of the IIS check, a ‘TI@ movement code must be actioned to transfer the data to the current holding establishment, who will then be able to merge the ECL record with the current details. 7 Similarly, where a prisoner has been recalled from ECL, but has not been returned to custody and is unlawfully at large (UAL), the consecutive movement action MUST NOT be completed at ARD/CRD. In such instances, the LIDS record will need to be kept ‘open’ because once the prisoner has been arrested and returned to custody, the release dates will need to be adjusted to reflect the period of UAL. Governors must put in place local procedures to identify those cases where it is not appropriate to carry out the consecutive movement code at ARD/CRD. It is good practice to mark the ARD/CRD diary entry with the not for release (NFR) marker preventing the consecutive movement code being actioned. Where IIS checks reveal no further custody record of that prisoner during the ECL period and it is confirmed the prisoner is not UAL following an ECL recall, the consecutive movement action MUST be carried out on the day of the ARD/CRD, or the following working day where the ARD/CRD falls on a weekend or Bank Holiday.. Procedure to perform the consecutive movement action on the day of ARD/CRD 9 Select Option 1 Option 7 Option 2 Update Reception/Centre Confirm Discharge Either: F10 for list for the day and select Input prison number and F10 Return on Dairy entry Select Option B – Discharge this inmate Enter discharge time (any) F10 through the Discharge Balance Report options -

8

OR

Order ref. 6300

Issued 26/10/07

PSI 42/2007

Page 36

Procedure to perform the consecutive movement action for cases where the ARD/CRD has already passed: 10 To create a consecutive movement on LIDS where the ARD/CRD has already passed, the user must Select Option 1 Option 3 Option 2 Enter the date Update Movements Update Movements of the actual ARD/CRD and time of movement (what would have been the usual time the prison would discharge a prisoner on the day of release Enter ‘D’ for Discharge Enter ‘AR’ for prisoners serving under 12 months or ‘CR’ for those serving 12 months but less than 4 years Enter F10 to save the information 12 The above actions will ensure that the prisoner is discharged from the Temporary Absence ‘R’ component code of the establishment and removed from the national and local population figures. For ALL those prisoners identified using the above procedure as having successfully completed the period of ECL, this action MUST be completed.

13

Order ref. 6300

Issued 26/10/07

PSI 42/2007

Page 37

Annex E
Contact details for Police Forces in England and Wales E-mail Avon and Somerset fib@avonandsomerset.pnn.police.uk prisonlaison@avonandsomerset.pnn.police.uk Bedfordshire fib@bedfordshire.pnn.police.uk Fax

Fax: 01275 814520 Fax: 01234 842 135

Cambridgeshire
fib@cambs.pnn.police.uk

For the attention of Jen Smyth
Fax: 01480 428121

Cheshire
fib@cheshire.pnn.police.uk Cleveland fib@cleveland.pnn.police.uk Cumbria fib@cumbria.pnn.police.uk Derbyshire ciu@derbyshire.pnn.police.uk 0845 359 5911 (Mon to Fri only) Fax: 01642 301284 Fax: 01768 217313 Fax 01773 572584

Devon and Cornwall Jane.SOUTERFROST@devonandcornwall.pnn.police.uk 15309@devonandcornwall.pnn.police.uk crimeplo@devonandcornwall.pnn.police.uk Fax: 01392 452814

Dorset
fib@dorset.pnn.police.uk Fax: 01202 226291

Durham
forceintelligence@durham.pnn.police.uk Dyfed-Powys DPPFIBgroup@dyfed-powys.pnn.police.uk Essex plodesk@essex.pnn.police.uk Gloucestershire Dave.Jones@Gloucestershire.police.uk Gwent fibmail@gwent.pnn.police.uk Hampshire fib@hampshire.pnn.police.uk Fax: 0191 3752240 Fax: 01267 226329 Fax: 01245 452255 Fax: 01452 308539 Fax: 01633 875008 Fax: 02380 450860

Hertfordshire
Order ref. 6300 Issued 26/10/07

PSI 42/2007

Page 38

fib@herts.pnn.police.uk Humberside prison.liaison@humberside.pnn.police.uk Kent Prisoner.liaison.team@kent.pnn.police.uk Lancashire admin.isu@lancashire.pnn.police.uk Leicestershire fib@leicestershire.pnn.police.uk paula.lake@leicestershire.pnn.police.uk Lincolnshire fib@lincs.pnn.police.uk

Fax: 01707 354660 Fax 01482 578461 Fax: 01622 654759

Fax: 01772 412744 Fax: 0116 2485783

Fax: 01522 558056

London
Martin.Virgo@met.police.uk weekly Steve.marmion@met.police.uk the PINS PPOUnit-RY@met.pnn.police.uk the Local Kurt.Conroy@met.police.uk facility. Manchester Prisonintelligenceunit.hq@gmp.pnn.police.uk Merseyside force.intelligence@merseyside.pnn.police.uk Middlesex Martin.Virgo@met.police.uk Steve.marmion@met.police.uk Norfolk fib@norfolk.pnn.police.uk Northamptonshire SeMfib@northants.pnn.police.uk Northumbria forceintelligence@northumbria.pnn.police.uk North Wales fib@nthwales.pnn.police.uk North Yorkshire fibhq@northyorkshire.pnn.police.uk These details are correct for notification via the update disc, which is then downloaded onto database. Information is then accessible to Borough Intelligence Units. There is no fax

Fax: 0161 8552683 Fax: 0151 777 8533 see details as above – for Met

Fax: 01953 424384 Fax: 01604 703059 Fax: 01661 869484 Fax: 01492 511176 Fax: 01609 789193

Nottinghamshire
Hq.fib@nottinghamshire.pnn.police.uk South Wales Lisa.lewis@south-wales.pnn.police.uk Eric.Jenkins@south-wales.pnn.police.uk
Order ref. 6300 Issued 26/10/07

Fax: 01623 483056

PSI 42/2007

Page 39

Kim.Price@south-wales.pnn.police.uk South Yorkshire prisonintelligenceunit@southyorks.pnn.police.uk Staffordshire fib@staffordshire.pnn.police.uk Suffolk FIB@suffolk.pnn.police.uk Surrey prisonliaison@surrey.pnn.police.uk Sussex fib@sussex.pnn.police.uk Thames Valley FIBPrison@thamesvalley.pnn.police.uk

Fax: 02920 527284 Fax: 01302 385415 Fax: 01785 233760 Fax: 01473 613585 Fax 01483 482899

Fax: 01273 859612 Fax: 01865 293982

Warwickshire
fib@warwickshire.pnn.police.uk West Mercia fib@westmercia.pnn.police.uk West Midlands offender_management@west-midlands.pnn.police.uk West Yorkshire controlroom@westyorkshire.pnn.police.uk Wiltshire Fib2@wiltshire.pnn.police.uk Fax: 01926 415844 Fax: 01905 331805 Fax: 0121 6265675 Fax: 01924 293956 Fax: 01380 734156

Order ref. 6300

Issued 26/10/07

Annex B

Equality Impact Assessment
Preliminary Screening

Statistics & Research

Gathering Evidence through Community Engagement

Assessment & Analysis

Action Plan

The EIA Report

1

EQUALITY IMPACT ASSESSMENT
Group Directorate Unit
PRELIMINARY SCREENING Date of Screening Name of Policy Writer Director General Name of Policy PC34/2007 – Additional Guidance for End of Custody Licence

19 October 2007 NOMS OMT John Scott Acting Head of OAMU This is a new policy - N X This is a change to an existing policy - Y This is an existing policy – N

Policy Aims, Objectives & Projected Outcomes
The purpose of the circular is to update previous guidance on End of Custody Licence. The original probation circular was issued in July 2007

Will the policy have an impact on national or local people/staff? Are particular communities or groups likely to have different needs, experiences and/or attitudes in relation to the policy Are there any aspects of the policy that could contribute to equality or inequality? Could the aims of the policy be in conflict with equal opportunity, elimination of discrimination, promotion of good relations? If this is an amendment of an existing policy, was the original policy impact assessed?

NO NO NO NO NO

If your answer to any of these questions is YES, go on to the full EIA. If you have answered NO to any particular questions, please provide explanatory evidence. If you have answered NO to all of these questions then you must also attach the following statement to all future submissions that are related to this policy and ensure it is signed off by senior management. You must also include this statement within any regulatory impact assessment that is related to this policy. “This policy was screened for impact on equalities on 19.10.07. The following evidence has been considered. As a result of this screening, it has been decided that a full equality impact assessment is not required.”

Evidence to Support Preliminary Screening 2

The circular amends the existing guidance on ECL to provide clarification on issues such as release planning and recall arrangements. It does not contain any policy direction likely to have an impact on equality.

Deleted: It also extends the range of offences that result in exclusion from ECL.

3

FULL IMPACT ASSESSMENT STATISTICS & RESEARCH What relevant quantitative & qualitative data do you have in relation to this policy? Please site any quantitative (e.g. statistical research) and qualitative evidence (monitoring data, complaints, satisfaction surveys, focus groups, questionnaires, meetings, research interviews etc) of communities or groups having different needs, experiences or attitudes in relation to this policy area. Equality Target Areas How does the data identify potential or known positive impacts? How does the data identify any potential or known adverse impacts? Race (consider e.g. nationalities, Gypsies, Travellers, languages) Disability (consider social access and physical access) Gender

Gender Identity

Religion and Belief

Sexual Orientation

Age

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

Who are the stakeholders, community groups, staff or customers for this policy area?

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

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

5

GATHERING EVIDENCE THROUGH COMMUNITY ENGAGEMENT INTERNAL STAKEHOLDER ENGAGEMENT: Consulting & involving Other Government Departments, Staff, Agencies & NDPBs Does this policy affect the experiences of staff? How? What are their concerns? Staff Staff Networks & Associations Trade Unions

How have you consulted, engaged and involved internal stakeholders in considering the impact of this proposal on other public policies and services? For example your policy may affect access to housing, education, health, employment services.

What positive and adverse impacts were identified by your internal consultees? Did they provide any examples?

Feedback the results of this internal consultation and use it as a basis for work on external consultation

6

EXTERNAL CONSULTATION & INVOLVEMENT How did your engagement exercise highlight positive and negative impacts on different communities? Voluntary Organisations Race Faith Disability Rights Gender Gender Identity Sexual Orientation Age

Feedback the results of your community engagement (i.e. involvement and consultation) to all participants including internal and external stakeholders

7

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

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

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

How does the policy promote equality of opportunity?

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

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

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

8

9

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

How will you ensure your stakeholders continue to be involved/ engaged in shaping the development/ delivery of this policy? (N.B. You will need to include this in your action plan) •

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

Now submit your EIA and related evidence for clearance.

10

ACTION PLAN Recommendation s Data Collection Publication Arrangements Monitoring & Review Arrangements List other recommendations that are required Responsibility Actions required Success Indicators Targe

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

11

THE EQUALITY IMPACT ASSESSMENT REPORT The EIA report is a concise summary of the results of your EIA work. You should ensure that you cover the topics described below. Background: o Context of policy/programme o Link to strategic aims and objectives o Scope of the EIA work (e.g. if linked to previous EIA or work delivered by another Government Department) Methodology: o Approach to data collection and analysis o Results of consideration of existing evidence Consultation & Involvement: o Stakeholder/community involvement in developing proposals o List of organisations engaged (optional) Assessment & analysis o Key Findings from the data collection and community engagement o Positive impacts: existing or potential o Adverse impacts: existing or potential Recommendations o Describe how you will respond to the key findings by: o strengthening the potential for positive impact, o removing areas that may exacerbate or engender adverse impact o including measures to mitigate any adverse impact that may occur o including measures that ensure ongoing compliance with statutory obligations o monitoring arrangements o ensuring continued public access to information about the policy/programme. o action plan (optional) Date of EIA Report Date of Publication of Results Ensure that the EIA Report is published on the Home Office website before your policy/programme is implemented.

12