Probation Circular

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INFORMATION EXCHANGE BETWEEN THE IND, PRISON SERVICE AND THE NPS REGARDING LICENCES AND BAIL HEARINGS
PURPOSE To inform Probation Areas of new arrangements for the exchange of information between Offender Managers, Prisons and the Immigration and Nationality Directorate (IND) on the release of Foreign National Prisoners (FNPs) from immigration detention. It also covers new arrangements for the provision of information to Asylum and Immigration Tribunals (AIT) at immigration bail and other hearings. ACTION For Probation Areas: • To understand the process for the release of FNPs from immigration detention who are on licence to the Probation Service. • To be aware of their responsibility in providing IND’s Criminal Casework Directorate (CCD) with information about public protection and victims issues for consideration at immigration bail and other hearings. • To ensure that the contents of this circular are implemented from 1 November 2006. SUMMARY Recent problems concerning FNPs in the Criminal Justice System have highlighted the need for a communication agreement between the IND, the Prison Service and the Probation Service. Offender Managers are expected to manage these offenders actively and robustly. In order to achieve this, good liaison between the IND and Prison Service is essential. This Probation Circular is to ensure clear communication between the Probation Service, Prison Service and IND when FNPs are released on licence from immigration detention. IND’s CCD have been issued with new instructions to inform Offender Managers when FNPs are released from immigration detention in an Immigration Removal Centre or prison or directly from an AIT hearing. This Probation Circular is to inform Offender Managers of these changes. RELEVANT PREVIOUS PROBATION CIRCULARS PC24/2006, PC16/2005 CONTACT FOR ENQUIRIES Jo.thompson8@homeoffice.gsi.gov.uk or 020 7217 8823 Paul.Walsh16@homeoffice.gsi.gov.uk or 020 7217 0824 Simon.greenwood3@homeoffice.gsi.gov.uk or 020 7035 4130

REFERENCE NO: 37/2006 ISSUE DATE: 20 October 2006 IMPLEMENTATION DATE: 1 November 2006 EXPIRY DATE: November 2008 TO: Chairs of Probation Boards Chief Officers of Probation Secretaries of Probation Boards CC: Board Treasurers Regional Managers AUTHORISED BY: Richard Mason, Head of Offender Assessment and Management Unit ATTACHED: Annex A – NPS Proforma for providing CCD with offender management information for hearings before the Asylum and Immigration Tribunals Annex B – Guidance for Offender Managers for completing proforma Annex C – Process flow chart Annex D – Glossary of terms Annex E – Prison Service Instruction 28/2006

UNCLASSIFIED

National Probation Directorate
Abell House, John Islip Street, London, SW1P 4LH

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1. Introduction It is important in terms of public confidence that the arrangements and processes for the release on licence of FNPs are well understood by Offender Managers. A number of FNPs are liable for deportation and will be deported on the completion of the custodial element of their sentence. However, there will be some from this group who will continue to be held in custody under immigration powers, on an immigration detention warrant (an IS91), beyond their custody end date. This may be because the IND is unable to effect removal immediately on completion of the custodial element of the prisoner’s sentence e.g. because there are outstanding legal proceedings or delays in obtaining a travel document. FNPs held under immigration detention powers should continue to remain in prison establishments (including contracted out prisons, COPs) where they have, amongst other criteria (see Prison Service Order 4630 Sec 5.1): • • • • • Completed a prison sentence of 4 years or more; Been involved in the importation of Class A drugs; Committed serious offences involving violence; Committed serious sexual offences requiring registration on the Sex Offenders Register; or Been identified on OASys as high or very high risk of serious harm and likely to require management at MAPPA level 2 or 3.

The remaining FNPs held under immigration detention powers can expect to be transferred to an Immigration Removal Centre. FNPs held under immigration detention powers may be released later within the United Kingdom when: • • • • CCD are content for them to be released on immigration bail pending an appeal hearing against deportation before the AIT; Immigration bail is granted by an immigration judge at an AIT pending an appeal hearing against deportation; The AIT allow an appeal against deportation; CCD decides that deportation cannot proceed for some reason.

An FNP who is still subject to licence supervision can therefore be released from prison, an Immigration Removal Centre or directly from an AIT hearing. In these cases, it is essential that supervision is established immediately by the Offender Manager. Where a case falls within the statutory victim contact scheme then it is the responsibility of the Offender Manager to inform the Victim Liaison Officer immediately when the FNP is released from immigration detention. The management of FNPs will form part of Her Majesty’s Inspectorate of Probation’s (HMIP) current programme of Offender Management Inspections. 2. Liaison arrangements for the release on licence of FNPs who have been held under immigration detention from: • • • Prison Establishments ; Immigration Removal Centres (IRC) ; Asylum and Immigration Tribunals hearings.

Release from Prison Establishments When an FNP is released from a prison establishment on the custody end date, it is the responsibility of the prison to serve a copy of the licence on the prisoner, explain its effect and notify the Offender Manager. If the FNP held in prison on an immigration detention order beyond the custody end date is later released within the currency of the licence period, it is the responsibility of the prison to ensure that the offender is released with the release licence and is aware of the need to report to the Offender Manager. It is the responsibility of the CCD to inform the Offender Manager and the PC37/2006 – Information Exchange Between the IND, Prison Service and the NPS Regarding Licences and Bail Hearings

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Probation Area’s FNP Single Point of Contact (SPOC) of the date of release from detention. If Victim Liaison Officers are involved in the case, it is the responsibility of the Offender Manager to inform them immediately of a pending and actual release. Release from an Immigration Removal Centre; If an FNP detained under immigration powers is transferred from a prison to an Immigration Removal Centre, the prison will send a signed copy of the licence to the CCD along with a pro-forma setting out the offender’s personal details. This form, completed by the prison, includes whether an offender is a MAPPA nominal and his/her management level. If the FNP is subsequently released from an IRC, it will be the responsibility of the IRC staff to serve the licence on the FNP and to ensure that the requirement to report to the Offender Manager, and the rest of its terms, are understood. The responsibility for notifying the Offender Manager and SPOC of release again lies with the CCD. If Victim Liaison Officers are involved in the case, it is the responsibility of the Offender Manager to inform them immediately that the prisoner is being released from immigration detention. Release following a bail hearing or full appeal hearing at an Asylum and Immigration Tribunal; If, following a bail or appeal hearing at an AIT, an FNP is given immigration bail or his/her appeal is allowed, he/she may be released immediately from that court. If released within the currency of the supervision part of the sentence then he/she will be re-issued with their licence (and have it explained to them) by the prison establishment or the Immigration Removal Centre staff and instructed to report as required to the Offender Manager stated on the licence prior to departure to the AIT. The CCD will be responsible for notifying the Offender Manager and SPOC of the release of the prisoner from an AIT and for informing them of any immigration bail conditions imposed by the AIT. Bail applications may be made at an AIT without IND being notified before the hearing. Should bail applications be granted under these circumstances, Offender Managers will also be informed of the release of an FNP on licence by CCD. 3. Immigration bail

The CCD may ask the AIT to impose certain conditions if immigration bail is granted. Any bail conditions imposed by the AIT are separate to those included in the release licence and would run in parallel. They should not be added to the licence. Bail conditions are recorded at the AIT and sent to the CCD. At the time the offender is granted bail, he/she will be given a copy of any bail conditions set by the court. These can include residency and reporting requirements as well as electronic monitoring. The Offender Manager may make comment on the suitability of electronic monitoring for certain offenders when they provide information on the pro-forma (attached at Annex A) to the CCD – details of which are set out in section 4 below. If electronic monitoring is imposed the FNP will be returned to the Immigration Removal Centre or prison establishment for it to be activated. The Presenting Officer (IND’s representative in the AIT) will have a copy of the FNP’s release licence, and thus be able to ensure that any bail conditions requested or imposed by the AIT do not conflict with those contained in the release licence. CCD intend to request that the AIT include electronic monitoring curfew conditions in all cases when immigration bail is given. Breaches of immigration bail are dealt with by CCD who will inform the Offender Manager if action is taken. The Offender Manager must consider the impact of any breach of immigration bail on the offender’s level of risk of serious harm and risk of reoffending and take any enforcement action that is appropriate. It is important that Offender Managers notify the CCD of any licence breach proceedings initiated where an FNP is also on immigration bail. 4. Bail Hearings at AITs: Information from Offender Managers to the CCD

Interim guidance on the provision of information from Offender Managers to immigration bail hearings at AITs was included in PC 24/2006. This Probation Circular replaces that guidance.

PC37/2006 – Information Exchange Between the IND, Prison Service and the NPS Regarding Licences and Bail Hearings

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FNPs, on completion of the custodial element of their sentence, may continue to be detained under immigration powers on an IS91 (an immigration detention form). FNPs may apply for release on immigration bail to the AIT. CCD is given between 24-96 hours notice of a pending bail application hearing during which time they prepare a bail summary for the use of the Presenting Officer. In deciding whether to grant bail, the AIT considers whether the person is likely to abscond and if released, his/her risk of re-offending. The guidance in PC 24/2006 advised the Offender Manager to provide information to the appellant’s solicitor, if requested. There was no process implemented to advise either the IND or the AIT whether information had been provided by the Offender Manager; and it was also at the discretion of the appellant’s representative as to whether the information was presented. It is appropriate for an Offender Manager, on public protection grounds, to provide information to the CCD for inclusion in the bail summary which will be available both to the immigration judge and to the appellant’s representative. 5. Action required by Probation Areas

From 1 November 2006, the Probation Service will be required to provide information to the AIT using the pro-forma at Annex A. When preparing bail summary papers for an immigration bail hearing, CCD will contact the Offender Manager stated on the licence by phone and email, requesting that updated and additional information is provided by completing the pro-forma, Annex A and returned by fax or email. Offender Managers should ensure that the immigration bail conditions CCD intend to request from the AIT should not conflict with the conditions inserted on to the licence in order to manage the offender, particularly in relation to electronic monitoring. At this stage, should the Offender Manager also require any amendment to the licence conditions, all such requests should be made to the releasing prison in accordance with post-release licence variation procedures. It is important that Offender Managers return the pro-forma to CCD by the date stated on the form, usually within 3 days. Guidance to Offender Managers on completion of the pro-forma is attached at Annex B. CCD will inform both the named Offender Manager, and the SPOC, of the bail hearing result including any specific immigration bail conditions. The pro-forma completed by Offender Managers will be available to the appellant’s solicitors and to the immigration judge via the CCD Presenting Officers. Offender Managers should note that any information that might affect victim safety/confidentiality or compromise other agency risk management measures should not be disclosed on the pro-forma. It is no longer a requirement therefore for Probation Areas to provide separate information to the appellant’s representative. The appellant’s solicitors, and appellants if representing themselves, will be provided with the pro-forma at the AIT. The standard procedure as with any offender, of personal information being given to representatives with the written permission of the offender, should continue in compliance with Data Protection Procedures. 6. Offender Manager reports for Deportation Appeal hearings at AITs

Offender Managers occasionally are approached to provide assessment reports for full appeal hearings at AITs against deportation by appellant’s representatives and offenders representing themselves. With the new procedure, if a bail application had previously been made, CCD would have been provided with pro-forma information and this will suffice. If such a pro-forma had not been prepared previously, the procedure outlined above for the provision of information for immigration bail hearings can be adopted. Offender Managers should send any new pro-forma reports to the CCD for the hearing and inform the appellant or their representative that the report will be available for them at the hearing. 7. Offenders who present a High or Very High Risk of Serious Harm

FNPs are identified as High or Very High Risk of Serious Harm using OASys, and they are considered for management at MAPPA level 2 or 3 in the same way as other prisoners. Following guidance in Prison Service Order 4630, FNPs who continue to be detained under immigration powers from these categories: OASys as High or Very High Risk of Serious PC37/2006 – Information Exchange Between the IND, Prison Service and the NPS Regarding Licences and Bail Hearings

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Harm and likely to require management at MAPPA level 2 or 3, should remain in prison establishments and not be transferred to Immigration Removal Centres. FNPs from these categories may apply for immigration bail and be released directly from an AIT. It is essential that Offender Managers provide the CCD with full information through the pro-forma, Annex A, when an FNP who is a High or Very High Risk of Serious Harm applies for immigration bail. The risk management plan should be clearly outlined. The AIT should be made aware through the CCD of any additional requirements on the release licence. The information contained on the bail summary will be available to the immigration judge and appellant’s representative. Where there is an indication that an offender has been assessed as requiring management at MAPPA level 2 or 3, it is imperative that the Offender Manager liaise immediately with the MAPPA coordinator. 8. General Contact with the CCD

These new arrangements require an enhanced level of co-operation between CCD caseworkers and Offender Managers to ensure that public protection and any potential risk of serious harm to known victims has been considered and robustly prepared for. CCD can be contacted via the IND’s Evidence and Enquiry Unit tel: 0845 601 2298 CCD has also agreed to inform Offender Managers and the SPOC when they deport or remove any foreign national prisoners. This will ensure that Offender Managers are able to monitor, record and close cases efficiently. 9. Victim Issues: Liaison with Victim Liaison Officers

When Victim Liaison Officers are involved in a case, Offender Managers must make them aware of any pending AIT hearings and notify them of the outcome of the hearing. Where a decision is made to release the offender on immigration bail, it is essential that Victim Liaison Officers are notified immediately by the Offender Manager, so that they can give victims advance warning of the impending release. Offender Managers should ensure that Victim Liaison Officers are made aware of all relevant information to ensure that victim issues are addressed and victims safeguarded and the National Probation Service is compliant with the statutory duty in respect of victim contact.

PC37/2006 – Information Exchange Between the IND, Prison Service and the NPS Regarding Licences and Bail Hearings

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Annex A

REQUEST FOR OFFENDER MANAGEMENT INFORMATION FOR A FOREIGN NATIONAL PRISONER
From: IND Criminal Casework Directorate (CCD) Request Date CCD Caseworker Telephone/ Fax Number E mail To Offender Manager Area & Office Telephone/ Fax Number E mail The prisoner named below is applying for immigration bail at an Asylum Immigration Tribunal (AIT). The information specified below to be provided by the named Offender Manager will inform IND and the Court. The appellant’s solicitors will be provided with this information. • • • • Please return the completed form to the CCD caseworker named above by email or fax. Offender Managers will be informed of the results of the hearing by Criminal Casework Directorate so that, if bail is granted, licence supervision can commence immediately. It is the responsibility of Offender Managers to liaise with Victim Liaison Officers where appropriate in completing this pro-forma. Guidance to Probation staff on completing this form is contained at Annex B.

Bail applications are heard quickly, please return this form by email by …………………………… Prisoner Surname Prisoner Forenames

IND Reference Number

PNC or CRO Number

Date of Birth Prison Number

Nationality Supervision End Date

1 History of compliance with national standards & licence requirements

2 OASys assessment of Risk of Serious Harm Likelihood of reoffending during licence and potential impact.

3 MAPPA Nominal Yes / No

MAPPA Level 1 2 3 Contact details of MAPPA Co-ordinator;

4 Outline any licence conditions, additional to standard conditions and reasons for them

5 When can the Risk Management Plan be put in place e.g. can accommodation, be accessed quickly?

Annex B

GUIDANCE FOR OFFENDER MANAGERS ON COMPLETION OF THE PRO-FORMA TO THE IMMIGRATION AND NATIONALITY DIRECTORATE’S CRIMINAL CASEWORK DIRECTORATE
1. The pro-forma, Annex A, is intended to give relevant information to inform the: • Asylum and Immigration Tribunal’s bail decision • immigration bail conditions 2. Information on the offender’s general response to any supervision in the past, his/her history of compliance with national standards, and the requirements of any previous licence can inform the court’s assessment of whether the offender is likely to comply with bail. 3. An OASys assessment of risk of serious harm should be briefly outlined so that the court can take into account public protection factors. The OASys score should not be recorded though it is important to state clearly how likely the offender is to re-offend and what the potential impact would be. 4. It should be recorded if the offender is a High or Very High Risk of Serious Harm, and if they are assessed as needing to be managed at MAPPA level 2 or 3. This should be determined 6 months prior to release or at first parole application. CCD should be advised that the Offender Manager will need time to put any risk management plans in place. Where the licence contains additional conditions, these should be outlined with reference to the risk factors they are intended to manage. 5. CCD can request that the Asylum and Immigration Tribunal (AIT) impose immigration bail conditions, including electronic monitoring, residency and reporting in addition to any conditions stated on the release licence. The Offender Manager may wish to comment on the suitability of such conditions which may interfere with the offender’s supervision on licence. Should the offender breach immigration bail conditions they will be enforced by IND. 6. The Offender Manager should inform CCD of the risk management measures that need to be put in place and the time needed to do this. Victim issues, if relevant should be included. However, the Offender Manager should not include any information on the pro-forma that could compromise victim safety, or any other agency involved in the risk management plan. If there are serious victim issues that should not be disclosed to the offender and their legal representative there should be contact with the CCD caseworker compiling the Bail Summary. 7. CCD will inform both the named Offender Manager, and the Probation Area’s FNP Single Point of Contact, of the bail hearing result including any specific immigration bail conditions.

ANNEX C - RELEASE MANAGEMENT FOR FOREIGN NATIONAL PRISONERS
FNP released at custody end date?

No

Yes

Kept in detention under immigration powers.

Not on Licence

On Licence

Prison informs OM of release who liaises with VLO if relevant Meet criteria for remaining in prison custody? (See PSO 4630 Section 5:1)

Yes

No

No further action unless a High Risk of Serious Harm in which case locally agreed MAPPA procedures should be followed.

FNP remains in prison

Transfer to Immigration Removal Centre(IRC)

Yes

CCD informs OM/SPOC of release. OM liaises with VLO if relevant

Release from prison on immigration bail

CCD decide no further action

On licence? No further action unless a High Risk of Serious Harm in which case locally agreed MAPPA procedures should be followed.

No

Release from IRC on immigration bail

On licence?

Yes

CCD informs OM/SPOC of release. OM liaises with VLO if relevant

No

No further action unless a High Risk of Serious Harm in which case locally agreed MAPPA procedures should be followed.

Bail application at Asylum and Immigration Tribunal (AIT)

Yes On licence? No

CCD informs OM/SPOC of bail hearing and request pro-forma (Annex A) be completed and returned to them. OM liaises with VLO if relevant.

Bail granted?

No Further action by OM

No

Yes

Yes AIT full appeal hearing against deportation. On licence? No

CCD informs SPOC and OM of release who liaises with VLO if relevant

Request to OM from legal representative for report on FNP

No further action unless a High Risk of Serious Harm in which case locally agreed MAPPA procedures should be followed.

Yes Appeal successful?

OM uses Pro-forma (Annex A) and sends to CCD for the Hearing

No

Yes

On licence?

Yes

CCD informs OM/SPOC of release. OM liaises with VLO if relevant

No

No further action unless a high risk of harm case in which case local MAPPA procedures should be followed. FNP deported/removed

KEY AIT – Asylum and Immigration Tribunal CCD – Criminal Casework Directorate FNP – Foreign National Prisoners IRC – Immigration Removal Centre OM – Offender Manager SPOC Single Point of Contact

CCD informs SPOC and OM who liaises with VLO if relevant.

Annex D

GLOSSARY OF TERMS Administrative Removal: this is the alternative mechanism to deportation by which the IND can remove someone from the UK. In general terms those liable for administrative removal have breached conditions of leave to remain, or used deception to obtain leave (e.g. working in breach of conditions or overstaying beyond the time limit of their conditions). Asylum and Immigration Tribunal (AIT): this is the ‘single tier’ immigration appeal court which, from 4 April 2005, replaced the ‘two tier’ immigration adjudicators and Immigration Appeal tribunal. The people who hear cases in the AIT are immigration judges. Bail Summary: when the Immigration and Nationality Directorate is informed that a foreign national in immigration detention intends to apply for immigration bail, they request that Criminal Casework Directorate complete a bail summary information pack for the Presenting Officer to use at the Asylum and Immigration Tribunal hearing. Criminal Casework Directorate (CCD) (it used to be called the Criminal Casework Team, CCT): this directorate within the Immigration and Nationality Directorate decides whether to remove or deport foreign national prisoners liable for deportation. They can be contacted via the Evidence and Enquiry Unit. Deportation: the process of sending a person out of the UK under an order signed by a Minister. This is used if a person has been convicted of a serious criminal offence, or because the Home Secretary has decided on public policy or national security grounds that the person’s presence is ‘not conducive to the public good’. This requires the subject to leave the UK and prohibits them from re-entering the UK until it is revoked. Deportation Order: this is the formal document signed by a Minister which requires the named person to be removed from the UK, prohibits them from re-entering the UK and allows for their detention until they are removed. Evidence and Enquiry Unit (E and E U): this unit of the Immigration & Nationality Directorate informs the Police and Probation of the immigration status of offenders. Initial contact with caseworkers in the CCD is through the E & E U who will take details and pass them onto CCD. CCD caseworkers will then contact probation staff directly. Foreign National Prisoner (FNP): defined as a prisoner who is not a British citizen. Immigration and Nationality Directorate (IND): this is the Home Office directorate which deals with all asylum and immigration cases and related issues.

Immigration Appeals Directorate: is the agency responsible for processing immigration appeals, such as appeals against deportation. The Appeals Directorate provide the Presenting Officer who presents the appeal before the AIT. Immigration Bail: this may be granted by IND and the prisoner will be released directly from a prison or Immigration Removal Centre. Alternatively, immigration bail may be given at an AIT hearing following a bail application. Immigration Detention: on completion of the custodial element of a prison sentence, a foreign national prisoner who is liable for deportation, may continue to be held in detention by IND. An immigration officer can issue an IS91 form: the authority to detain someone under immigration powers. IND Presenting Officer (PO): a presenting officer represents IND at hearings in front of the AIT. Immigration Removal Centres (IRC): these are establishments managed by either the private sector or the Prison Service to detain foreign nationals pending IND assessment of their right to remain in the UK. They used to be called Immigration Detention Centres. Liable for Deportation: foreign nationals may be liable for deportation following the commission of an offence, or when their continued presence in this county is ‘not conducive to the public good’. Probation Areas Foreign National Prisoners Single Point Of Contact (SPOC): the NPD have asked all Probation Areas to nominate a lead senior manager for national foreign national prisoner issues.

Number

Prison Service Instruction

28/2006

FOREIGN NATIONAL PRISONERS LIABLE TO DEPORTATION PSO 6000 1 October 2006 30 September 2007

CONTAINS MANDATORY INSTRUCTIONS

For Action Governors, Directors of Contracted Prisons, Discipline/Custody Office staff For Information All Prison Staff

Monitored by Area Managers & Regional Offender Managers (for Contracted Prisons) On authority of Prison Service Management Board & NOMS National Commissioning Support Bureau

Contact Point Parole and Public Protection Policy Section: Simon Greenwood; Peter Charlesworth; Richard Modelly IND Criminal Casework Directorate: Nick Hearn Operational Policy Unit: Tony Watson Other Processes Affected

NOTES

Governors and Directors of Contracted Prisons must ensure that discipline/custody office staff are familiar with this PSI and the mandatory requirements of them.

Issued

22/09/06

PSI 28/2006

Page 1

FOREIGN NATIONAL PRISONERS LIABLE TO DEPORTATION Policy and Output This PSI clarifies the arrangements for liaising with the IND Criminal Casework Directorate and the Probation Service in respect of foreign national prisoners who are detained under immigration powers and who are subsequently released either by IND or the Asylum and Immigration Tribunal (AIT) during the period of their licence. Mandatory Action Governors and Directors of Contracted Prisons must ensure that discipline/custody office staff are familiar with this PSI and the mandatory requirements of them. Resource and Impact assessment Minimal: the issue of an additional copy of the release licence and two additional forms. Foreign National Prisoners Liable for Deportation 1. Foreign national prisoners liable for deportation and who are detained under immigration powers once their custodial element of the sentence has expired may be released in the UK by IND CCD or by the AIT before their licence period has expired. Where this happens, the Probation Service must be notified so that arrangements can be made for their supervision for the period whilst they are in the community. Full details for releasing foreign national prisoners liable for deportation can be found in Chapter 9 of PSO 6000.

2.

Identifying a Probation Officer 3. The responsibility for supervision lies with the Probation Area in which the offender was resident at the time of trial, therefore the home address provided to the Court is key. If the offender claims to be of no fixed address or the only address given is outside the UK then the case becomes the responsibility of the Probation area in which the Index offence was committed; this is likely to be the same as the Sentencing Court area. If, during the currency of the custodial element of the sentence, no supervising officer has been identified the releasing establishment must contact the appropriate Probation Area before the release date and obtain details of the supervising officer, the probation office address and a contact telephone number as well as appropriate reporting instructions. These details must be included on the release licence prior to it being signed and distributed in accordance with Chapters 5 (paragraph 25.3) and Chapter 9 (paragraph 9) of PSO 6000 refer.

Release from an Establishment 4. All establishments must follow the guidance in PSO6000 regarding licence issue and must prepare a release licence at least 7 days prior to the normal date of release. The licence must then be explained to the prisoner, signed and dated and retained with the prisoner records. Copies of the licence must be distributed prior to the calculated release date as detailed in
Issue date 22/09/06

Order ref. 6000

PSI 28/2006

Page 2

PSO6000. If the prisoner is to be detained in the establishment under Immigration Powers, the copy licences for New Scotland Yard and Probation should be clearly marked as “Immigration Detainee”. A copy of the release licence together with a completed Annex A must also be sent by the establishment to IND CCD at least two days before the date of release from custody (CRD/PED/NPD). 5. Where a foreign national prisoner liable to deportation has been detained under immigration powers in the establishment and is subsequently granted bail by the AIT or released by IND CCD during the licence period, it is the responsibility of CCD to notify the relevant probation area and New Scotland Yard of release. In many cases the probation area will have had no contact with the prisoner and the release will have to be effected quickly. In every case the establishment must ensure that the prisoner is given the release licence containing at least the standard conditions and Annex B. The establishment must ensure that the prisoner is aware of the requirement to report immediately to the probation service and that they are liable to be recalled if they fail to do so. The establishment must ensure that a copy of the licence has been sent to IND CCD and to the relevant Probation Area. If the establishment is authorised to release a detainee during the life of the release licence the supervising officer and New Scotland Yard will be notified of the release date by CCD. The detainee must be provided with the licence, copies of which should have been distributed at the release from custody date in accordance with Chapters 5.25.3 and 9.9 of PSO6000 and this PSI, and must be informed of the requirement to report to the supervising officer using Annex B. If the detainee is transferred to an Immigration Detention Centre, the signed licence must accompany him/her together with the explanatory letter at Annex B. If the detainee is required to be produced to an Asylum and Immigration Tribunal (AIT), the release licence and the explanatory letter (Annex B) must be handed to the detainee prior to leaving the establishment. The licence conditions and probation reporting instructions must be explained to the detainee by the establishment. If bail is awarded the CCD will be responsible for alerting probation; they will also inform New Scotland Yard. Establishments are reminded that while the expectation is that an FNP liable to deportation/removal will be removed immediately upon release if parole is awarded, there may be occasions when IND cannot give immediate effect to their deportation. In such cases and where IND no longer wish to detain them under IS Powers, it is possible for RRS to suspend the parole award in order for an approved release plan to be put in place prior to release into the UK. This is detailed in PSO6000 Chapter 9.9.10.

6.

7.

8.

9.

Release from an Immigration Detention Centre 10. At the point at which a foreign national prisoner is released into immigration detention at an immigration detention centre, establishments must ensure that a copy of the release licence has been sent to IND CCD together with a short note (template attached at Annex A to this Instruction) which sets out the offender’s personal details and the IND reference number (when known). The point of contact at IND CCD is: Theresa Ward of the Detained Parole Team in CCD Telephone: 0208 760 3430 Fax: 0208 760 3439

Order ref. 6000

Issue date 22/09/06

PSI 28/2006

Page 3

11.

If the prisoner is subsequently released from immigration detention during the licence period, IDC staff will be responsible for handing the licence and the explanatory note to the detainee confirming the reporting instructions detailed on the licence to the detainee. CCD will notify the relevant probation area and New Scotland Yard. If the Probation Officer requires any amendment to the licence conditions, all such requests should be made to the releasing prison in accordance with post-release licence variation procedures.

Additional licence conditions 12. The Probation Service may require additional licence conditions to be added to the licence. Arrangements for the approval of such additional conditions are set out in Chapter 14 of PSO 6000. Please remember that any additional licence conditions in respect of prisoners serving a sentence of 4 years or more and who are due to be released under the provisions of the Criminal Justice Act 1991 must be approved by the Secretary of State after consulting the Parole Board. (For those foreign nationals prisoners subject to deportation/removal). Requests for additional conditions in these cases must be made in accordance with the arrangements for domestic prisoners and as set out in Chapter 14 of PSO 6000. Notwithstanding the above, in every instance the following licence condition must be inserted on a deportee’s licence, unless it is already contained in the licence as part of the standard conditions. This has already received formal approval from the Parole Board for these specific circumstances, so no further referral to the Parole Board is necessary: [you must] ‘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 granted in exceptional circumstances only) or for the purposes of immigration deportation/removal’

13.

Release on Temporary Licence 14. In certain circumstances, with the approval of both the Governor and IND, a foreign national prisoner may be awarded release on temporary licence. Please ensure that you follow these licence and supervision requirements when considering ROTL on behalf of any foreign national prisoner that is subject to deportation/removal. Guidance for the awarding of ROTL to foreign nationals can be found in Chapter 5 of PSO 6300 – Release on Temporary Licence.

(signed)

Michael Spurr Director of Operations

Order ref. 6000

Issue date 22/09/06

PSI 28/2006

Page 4

Annex A

Foreign National Offender Information to accompany copy licence to IND CCD

Nationality

MAPPA Nominal Yes / No

IND Reference Number

MAPPA Level

Date of Birth

Prison Number

PNC or CRO Number

Prisoner Surname

Prisoner Forenames

Supervision End Date

Aliases - list

Order ref. 6000

Issue date 22/09/06

PSI 28/2006

Page 5

Annex B

Name: Prison Number:

Letter of Explanation

You are to appear at an Asylum Immigration Tribunal. The Tribunal may choose to award bail, and you may be released from Immigration Detention, into the United Kingdom. If you are bailed, the Asylum Immigration Tribunal may impose Conditions of Bail with which you will be required to comply. These conditions are in addition to those detailed on your Prison Release Licence. You were convicted of a criminal offence and you have completed the custodial element of that sentence. However, you are subject to the conditions of a release licence until the licence expires. If you are released from detention into the United Kingdom, you must report to the Probation Officer named on your release licence at the Probation office address given. If you are released or bail is awarded you must report to the Probation office before 17:00 hours on that day if there is time to do so. If there is not sufficient time, you must report by 14:00 hours on the following day, or the next working day if that is a weekend. If you fail to report to the probation office your licence may be revoked and you will be arrested and returned to prison to complete your sentence.

Order ref. 6000

Issue date 22/09/06