ELECTRONIC MONITORING OF OFFENDERS. Standard Operating Procedures

Transcription

1 ELECTRONIC MONITORING OF OFFENDERS Standard Operating Procedures Notice: This document has been made available through the Police Service of Scotland Freedom of Information Publication Scheme. It should not be utilised as guidance or instruction by any police officer or employee as it may have been redacted due to legal exemptions Owning Department: Criminal Justice Version Number: 3.00 Date Published: 25/05/2018

2 Compliance Record Equality Impact Assessment (EIA): Information Management Compliant: Health & Safety Compliant: Publishable Externally in Current Format: Date Initially Completed: Reviewed / Updated: Yes Yes Yes 12/12/ /10/2016 Version Control Table Version Number: History of Amendments: Date: V1.00 New Addition to Police Scotland Record Set 02/04/2013 V2.00 V3.00 Document fully reviewed to update current practices Updated to reflect changes in data protection legislation 04/10/ /05/2018 2

3 Contents 1. Purpose 2. The Monitoring Contractor 3. Restriction of Liberty Orders (Post-Trial) 4. Breach of Restriction of Liberty Order 5. Home Detention Curfew 6. Breach of Home Detention Curfew Conditions 7. Revocation of Home Detention Curfew Recall to Prison Custody 8. Procedure following arrest on Revocation of a Home Detention Curfew 9. Procedure following arrest where the Electronic Curfew has not been revoked 10. De-tagged Offenders being released from custody 11. Crime reports and Cases to the Procurator Fiscal 3

4 Appendices Appendix A C Division Yes Appendix B V Division Yes Appendix C P Division No Appendix D A & B Division Yes Appendix E E & J Division Yes Appendix F N Division Yes Appendix G G, K, L, Q & U Division Yes Appendix H D Division No Appendix I List of Associated Legislation Yes Appendix J List of Associated Reference Documents Yes Appendix K List of Associated Generic PSoS Forms No Appendix L Glossary of Terms No Appendix M Notification of Home Detention Curfew Release Yes Appendix N Home Detention Curfew Contact Report (Example) Yes Appendix O Revocation of Licence Yes Appendix P Electronic Transmitter Removal No Appendix Q G4S Contact Details Yes In Use 4

5 1. Purpose 1.1 This Standard Operating Procedure (SOP) aims to provide all Police Officers and Police Staff with a general awareness of how electronic monitoring works and to offer guidance / instruction on the course of action to be taken if an individual found to be wearing a tag is taken into custody, breaches their conditions or otherwise comes into contact with the police. 1.2 The Criminal Procedure (Scotland) Act 1995, Section 245A makes provision for a court to impose a Restriction of Movement Order or a Restriction of Liberty Order on offenders and allows the use of electronic monitoring equipment (commonly known as electronic tagging ) to check offenders compliance with the terms of such Orders. 1.3 Furthermore Section 12A of The Management of Offenders etc. (Scotland) Act 2005 makes provision for offenders to be released from a Scottish Prison back into the community to finish their sentence under the conditions of a home detention curfew. 1.4 Further guidance in relation to all electronic monitoring can be obtained from G4S Security services. 2. The Monitoring Contractor 2.1 As of 1 April 2013 the selected Monitoring Contractor for all forms of tagging across Scotland is G4S Electronic Monitoring. G4S is responsible for the remote monitoring process and they will investigate all instances of noncompliance or breach according to contractual requirements. Contact details for G4S can be found at Appendix Q. 3. Restriction of Liberty Orders (Post-Trial) 3.1 A Restriction of Liberty Order may require an offender who consents to the Order, to be: Restricted to a specific place for a maximum period of 12 hours per day for up to 12 months; and/or Restricted from a specific place or places for 24 hours a day for up to 12 months. 3.2 There are no restrictions on the offender's movements out with the specified period of restriction. 3.3 Each offender subject to a Restriction of Liberty Order will wear an unobtrusive electronic transmitter on their ankle or wrist. The device emits a signal that is picked up by a monitoring unit when the offender is within a set range. The monitoring unit is linked via telephone line to a central computer system where the information about the offender s presence or absence is permanently stored. If the offender leaves the set range, or tampers with the device, the central computer system will be alerted. 5

6 4. Breach of A Restriction of Liberty Order 4.1 A Restriction of Liberty Order notification is shown on the offender's CHS record. There is a Freephone number on the tagging device or if the offender is found to have removed their tagging device, contact should be made with the monitoring company to advise them of the circumstances of the Breach. This information will be included in their report to the Court. 4.2 If tagged offenders are not within the specified place during the hours when they are restricted or if they are at a place from where they are restricted, they are failing to comply with the terms of their sentence. However, they are not committing an offence. Consequently, they should not be arrested unless in connection with some other crime or offence which they have committed. 5. Home Detention Curfews (Release from Prison) 5.1 Home Detention Curfews (HDC) are available to the Scottish Prison Service (SPS) as a means of releasing low risk offenders into the community, to a given address, over the last part of their custodial sentence. HDC is part of a range of measures provided through the Management of Offenders etc. (Scotland) Act 2005, intended to co-ordinate and manage offenders more effectively and reduce re-offending. 5.2 Remote electronic monitoring will be used to ensure compliance with curfew conditions imposed upon released offenders and will be monitored by G4S. PSoS is not required in any way to monitor this compliance. 5.3 Prisoner Release Process Only prisoners identified as low risk will be eligible for HDC release. The majority of prisoners selected will be short term, but HDC will also be available to some long-term prisoners. The SPS will select those eligible for HDC release on behalf of Scottish ministers. Note: The sole responsibility for selection and release on HDC rests with individual prison governors. There is no police involvement in the HDC assessment or release process All HDCs will include a number of conditions, the most important of which requires the released individual to remain in a specified place for a specified time period (curfew condition). 5.4 Notice of Intended Release A notice of intended release will be submitted by SPS to PSoS at least seven days prior to the prisoner s release. 6

7 5.4.2 The notice of intended release, without exception, will be in the format of 'Notification of Home Detention Curfew Release Police'; a specimen notice is provided at Appendix M. 6. Breach of Home Detention Curfew Conditions 6.1 Should the Police suspect an individual of breaching their HDC conditions, they should initially confirm the conditions through the individual's CHS record. 6.2 The officer noting the breach should confirm the conditions of the HDC and notify SPS prior to completing their tour of duty. 6.3 Notification to SPS should be done through the use of a Home Detention Curfew Contact Report. Detail of the minimum information that should be included in such a report is provided in Appendix N. 6.4 Officers working in the former Lothian and Borders and Strathclyde police areas should refer to geographic appendices for bespoke forms / processes. 6.5 A notification report should be submitted to the SPS prison of release. The submitting Local Policing Area should ensure that a copy of this report is retained locally. 6.6 A SID log should also be submitted by the reporting officer. 6.7 NB: There is no power of arrest available to PSoS Officers associated to a suspected breach of HDC conditions. The circumstances of the breach should instead be reported to the SPS for their information and consideration. 7. Revocation of Home Detention Curfew Recall To Prison Custody 7.1 Where the SPS decide to revoke an HDC licence and recall an individual to prison custody, they will issue an 'HDC Recall Notice', utilising SPS Form HDC 15, a specimen of which has been provided at Appendix O. The recall notice must contain, without exception, the following information: the prisoner s full name; the prisoner s date of birth; the prisoner s last known address; the prisoner s CHS number; and the prisoner s Earliest Date of Liberation (EDL). 7

8 7.2 The HDC recall notice details will be entered onto the individual s CHS and PNC records. A locate/trace entry will be inserted onto the wanted/missing chapter of the individuals PNC record, showing the following message: Revocation of HDC now unlawfully at large to be returned to prison as soon as possible. 7.3 The recall notice details will be entered onto the warrants system and processed / allocated to enable police officers to make enquiries. Officers working in the former Grampian police area should note the comments in Appendix D. 7.4 On receipt of an HDC recall notice, the relevant local policing area will ensure a process is in existence to assess each HDC recall based on the criminal history of the offender, allowing the allocation of each HDC recall one of three priority categories: A Priority (14-day enquiry period set; albeit in urgent or particularly serious cases, this timescale may be reduced) B Medium (21-day enquiry period set) C Routine (28-day enquiry period set). 7.5 Whilst an HDC recall is not a warrant, for the purposes of prioritisation and subsequent enquiry, the HDC recall should be progressed in line with the guidance and minimum standards provided for apprehension warrants as detailed in the Warrants SOP. NB: There is no power to force entry to any premises following the revocation of the HDC. 7.6 Unlawfully at Large An individual who has had their HDC release revoked and remains at large is deemed to be unlawfully at large. Section 40 of the Prisons (Scotland) Act 1989 states: a constable or prison officer may arrest an individual unlawfully at large without warrant, and take him/her to the place in which he/she is required to be detained, in accordance with law Section 30, Criminal Justice Act 1961 states: Such a person unlawfully at large within the meaning of the Prisons (Scotland) Act 1989 or the corresponding English enactment, namely Section 49(1), Prison Act 1952, may be apprehended by a constable anywhere within the United Kingdom, the Channel Islands or the Isle of Man 7.7 Enquiry Procedure Supervisors are required to regularly ensure that HDC recall notices passed for enquiry are allocated timeously and in any case within 48 hours. 8

9 7.7.2 Supervisors shall monitor the enquiry progress of each HDC recall notice allocated to his/her unit to ensure that enquiries are being made and they are to a sufficient standard Supervisors may require to extend the enquiry due dates where additional time may lead to the arrest of the prisoner or where results of external enquiries are awaited Any additional time should be allocated taking cognisance of the 14, 21 or 28 day enquiry period, as specified by the grading. This information should be clearly stated in the warrant system enquiry field When an enquiry is returned for finalising, supervisors shall ensure that all possible enquiries have been carried out and updated accordingly The level of enquiry must, at the very least, meet the minimum enquiry standard, as detailed in the Warrants SOP recognising the priority level of the recall. 8. Procedure Following Arrest on Revocation of Home Detention Curfew 8.1 Once arrested, the individual should be taken to the nearest custody area, where he/she can be afforded his/her rights as an arrested person. 8.2 Where an arrested individual is found to be wearing an electronic tagging device, G4S should be contacted as soon as practicable utilising the contact details in Appendix Q. 8.3 The electronic tag should not be routinely removed from prisoners, notwithstanding an appropriate risk assessment. If it becomes necessary to remove the tag it should be removed in accordance with the guidance found in Appendix P. 8.4 When the individual is being conveyed to prison a copy of the recall notice should accompany him / her and be date stamped on the back showing the date the prisoner first came into police custody. 8.5 The arresting officer will ensure that the HDC recall entry on the individual's PNC/CHS record is updated / cancelled accordingly. The arresting officer should also inform the Intelligence Section of the date the individual is returned to Prison and confirm which Prison. 8.6 Where an arrested individual is found to have been released from prison to an address outwith the PSoS area, the relevant force should be notified of the arrest as soon as practicable, including the circumstances of arrest and locus etc in line with current local policing area procedures. 9

10 8.7 This notification should be recorded locally and the information passed on to the respective force to allow them to update their records. NB: The responsibility for cancelling/updating entries on the PNC and CHS in such circumstances still lies with the arresting officer. 9. Procedure Following Arrest Where Home Detention Curfew Has Not Been Revoked 9.1 Where an individual s HDC has not been revoked and he/she is brought into custody on an unrelated matter and found to be wearing an electronic tag, a check should be carried out of his/her CHS record. In the event the individual is outwith his/her curfew restriction times, or is likely to remain in custody into or close to his/her curfew restriction times, G4S must be notified as soon as possible, preventing unnecessary home visits. 9.2 Where an individual in custody is subject to an HDC and is found not to be wearing their electronic tag, G4S and the SPS should be notified initially by phone and through use of Home Detention Curfew Contact Report. Refer to section 6.3 above. 9.3 The electronic tag should not be routinely removed from prisoners, notwithstanding an appropriate risk assessment. If it becomes necessary to remove a tag G4S must be contacted and advised of a tag s removal. 9.4 If it becomes necessary to remove a tag, no attempt should be made to replace a tag that has been removed. Instead, the tag must be placed in a sealed envelope, clearly marked for the attention of G4S and left with the duty custody supervisor for uplift by G4S. The circumstances of the arrest must also be reported to the SPS via the appropriate channels. 9.5 Should an individual be arrested in relation to a matter unconnected to his/her HDC, any breach of conditions (if applicable) should be considered when making the decision to liberate or detain the individual for court. 10. De-Tagged Offenders Being Released From Custody 10.1 The electronic tag should not be routinely removed from prisoners, notwithstanding an appropriate risk assessment. If it has become necessary to remove a tag it is essential that G4S are advised when an individual has had his/her electronic tag removed and is being released from police custody. Once notified, G4S will call at the individual s home at the earliest opportunity to re-tag the offender (generally within the first hour of the offender s curfew period). Officers must not attempt to re-tag the offender, and the tag must not be returned to the prisoner. 10

11 11. Crime Reports and Cases to the Procurator Fiscal 11.1 There is no requirement for a crime report to be raised in respect of an HDC recall notice being issued. Accordingly, there is no requirement to make the Procurator Fiscal (PF) aware of the recall notice The PF should be informed of the details of the HDC in the antecedents section of any police report, whether or not it was being breached at the time that the individual was charged with any offence. 11

12 Appendix A Forth Valley (C DIVISION) Details of a Restriction of Liberty Order (R.O.L.O.) or Home Detention Curfew (H.D.C.) are notified by SPS (Scottish Prison Service) and received in the East by the SCD PRISONINTEL, Records Office, Randolphfield, Stirling, SCD NIB Edinburgh and Forth Valley DIO. 4. Restriction of Liberty Orders The Records Office role is to check that CHS has been updated correctly with the outcome from court and the correct address which responds to the R.O.L.O. 5. Home Detention Curfews (Release from Prison) The Records Office role is to add the following to CHS:- H.D.C.O. Commencement CFIO/HDCO intel marker added to INDICATOR FIELD within the Nominal Chapter. HDCO curfew details added to the Release Chapter Information marker added to IM Chapter on PNC. The Divisional Intelligence will create a SID entry and add a S.T.O.R.M. marker to the address of the subject for officers information when attending any calls. H.D.C.O. Expiry Remove CFIO/HDCO intel marker Allow the HDCO curfew details to remain within the R chapter for historical info Remove Information marker from PNC 7. Revocation of Home Detention Curfew Recall To Prison Custody Update Release Chapter with information relevant to the Revocation. Pass paperwork to Falkirk Business Services Unit who will raise a warrantfile and the paperwork to Edinburgh who have the facility to add a RECALL TO PRISON entry to the WM Chapter on PNC. Once subject has been apprehended the Release Chapter on CHS is updated 12

13 With the return details and a detained marker added to PNC to pair with the RECALL TO PRISON. The Divisional Intelligence will liaise with Local Policing with regard to reported or suspected breaches or Revocations of H.D.C.O.s An HDCO Process Chart is retained locally. Any Officer with a query or seeking guidance regarding ROLOs or HDCs should make contact with the Divisional Intelligence Unit or Records office. 13

14 Appendix B Dumfries and Galloway (V DIVISION) Details of Restriction of Liberty Orders (ROLO) and Home Detention Curfews (HDC) will be notified to and received by the Divisional Intelligence Unit and Records Office, Cornwall Mount, Dumfries. In every case an IMAGE entry will be created to log the details of the ROLO or HDC. The Divisional Intelligence Unit will create a SID log and update the Criminal History System with the relevant details. The Warrants Officer, as part of the Records function will update the Police National Computer with the relevant details. The Divisional Intelligence Unit will liaise with Local Policing with regard to reported or suspected breaches or Revocation of a HDC A HDC Process Chart is retained locally. Any Officer with a query or seeking guidance regarding ROLOs or HDCs should make contact with the Divisional Intelligence Unit or Records office. 14

15 NOT PROTECTIVELY MARKED Appendix D Grampian (NE Division) 7. Revocation of Home Detention Curfew Recall To Prison Custody The Intelligence section will send the notification to the local policing area. An HDC Process Chart is retained locally.

16 Edinburgh, Lothians and Scottish Borders (E & J Divisions) 4. Restriction of Liberty Orders Criminal Intelligence and Requests for Information Appendix E CJ Updates on receipt of notification, will check CHS to ensure that the disposal has been updated correctly and will then forwarded same, to the Crime Desk for the area in which the offender resides, or in which other premises detailed in the Order are situated. On receipt, Intelligence Officers will assess the information and a decision will be made as to whether or not the information should be promulgated as intelligence to operational officers. On occasion, Police Officers may require information regarding the whereabouts of a tagged offender during his or her restriction period. Where there is justification under the Data Protection Act 2018, information may be passed by the Contractor to the police without obtaining the consent of the offender. Police Officers should complete Form md4, Request for Disclosure of Personal Data. For the purposes of completing the request, the Data User is the contractor. Requests must be signed by the requesting officer and countersigned by an Inspector or above. 6. Home Detention Curfews (HDC) Breach of Conditions If a Police Officer believes that a person subject to a Home Detention Curfew has breached its conditions, or otherwise poses a risk to the public, they will report the circumstances to the SPS on Form xa8. This form will be ed to the Criminal Intelligence HQ CID mail-box prior to retiring from duty. Staff at the Intelligence Bureau will then forward the report to the appropriate authority. 7. Revocation of HDC Recall To Prison When the SPS decides to revoke an HDC licence, a recall notice recalling the individual to custody will be sent to National Intelligence Bureau and CJ Operations Edinburgh by the Governor of the relevant SPS facility. CJ Operations Edinburgh will amend the release chapter on CHS by adding details of unlawfully at large. PNC Bureau insert the wanted marker on PNC. The Warrants Section, will input the recall notice onto the UNIFI Warrants system, and allocate it for early execution. 16

17 Procedure Following Arrest on Revocation Of HDC The arresting officers will contact the CJ Warrant Cancellations Edinburgh to make arrangements to uplift the recall notice from the CJ Operations, and to take it to the relevant custody suite so that it can accompany the individual to prison. On notification of arrest, staff at the CJ Operations will amend CHS and PNC records accordingly. Criminal Intelligence and Requests for Information Police may request a curfew compliance report from the contractor to support the investigation of offences. During office hours the request for relevant information should be made through the Intelligence Liaison Officer (ILO). Where there is justification under the GDPR, in extreme circumstances, information may be passed by the contractor to the police without obtaining the consent of the offender. This will be done by completing Form md4 and ing this request to the Criminal Intelligence HQ CID mailbox, where it will be assessed for its suitability prior to its submission to the contractor. Outwith office hours, the Duty Chief Inspector, Communication Centre, will be available to perform this function. On no occasion will the contractor be contacted directly by an operational officer. In urgent cases/serious cases the contractor may be contacted by telephone to request the information, by either the ILO or the Area Control Room Duty Officer. This is on the proviso that Form md4 is submitted retrospectively to the relevant liaison officer. 17

18 NOT PROTECTIVELY MARKED Appendix G Strathclyde Divisions (DIVISIONS G,K,L Q AND U) Home Detention Curfew Related Forms Form 1:25:22 Home Detention Curfew Contact Report

19 Appendix I List of Associated Legislation The Police and Fire Reform (Scotland) Act 2012 The Criminal Procedure (Scotland) Act 1995 Management of Offenders etc. (Scotland) Act 2005 The Home Detention Curfew Licence (Prescribed Standard Conditions) (Scotland)(No 2) Order 2008 Prisons (Scotland) Act 1989 Prison Act 1952 Criminal Justice Act

20 Appendix J List of Associated Reference Documents Care and Welfare of Persons in Police Custody SOP Warrants SOP 20

21 Appendix M Notification [to Police F.I.B.] of prisoner(s) scheduled for release on Home Detention Curfew Name D.O.B. Prison No SCRO No Release Address Release Date E.D.L. Curfew Times 21

22 Appendix N Paragraph 1 - Prisoners Details Home Detention Curfew - Contact Letter 1 Name (Forenames/Maiden Name/Surname) 2 S. Number 3 Age 4 Date of birth 5 Address (Street No. and Name) 6 Address (District) 7 Address (Town) Paragraph 2 - Prison Details 8 Prison from which released 9 Prison Address 10 Date released on HDC 11 Date HDC expires Paragraph 3 - Summary of Events 12 Description of Locus 13 Description of Events Paragraph 4 Additional Charges If there are no additional charges please state clearly at the end of the description of events paragraph 14 Charge Details (e.g. Assault, Breach of the peace, etc. Please state clearly if the charges relate to a Domestic Incident) 15 Relevant crime/offence reference number. Paragraph 5 - Court Details If the prisoner is detained in custody please provide details of court appearance 16 Details of Court. 17 Date appearing in Court. This letter must be completed as a matter of urgency and prior to the officer reporting off duty on every occasion where a prisoner is in breach of their Home Detention Curfew Conditions. 22

23 Appendix O Home Detention Curfew Revocation of Licence - Prisoner To: PRISONER NAME From: HMP ESTABLISHMENT Dear PRISONER NAME Telephone No: Date: On RELEASE DATE you were released from prison on a Home Detention Curfew licence. Your release was subject to the following conditions 1. You must allow the Electronic Monitoring Contractor staff access to you at ADDRESS from hours on RELEASE DATE for the purposes of installing electronic monitoring equipment. Following installation you must not leave this address before on DATE. 2. From DATE you must be present at ADDRESS each day between the hours and.. 3. You must be of good behaviour and keep the peace 4. You must not commit any offence 5. You must not tamper with or intentionally damage the electronic monitoring equipment or device(s) used to monitor compliance with curfew conditions complying with section 12AB of the Prisoners and Criminal Proceedings (Scotland) Act 1993, or knowingly allow such equipment or devices to be tampered with or intentionally damaged. 6. You must allow a representative or employee of the Electronic Monitoring Contractor access to the address specified in this licence for the purposes of section 12AB(a)(a) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 to install and check the electronic monitoring equipment or device(s). 7. Additional Conditions 1 8. Additional Conditions 2 We have been notified that on BREACH_DATE you failed to comply with one or more of the above conditions, specifically: REASON_FOR_BREACH In accordance with the Prisoners and Criminal Proceedings (Scotland) Act 1993, your licence has been revoked with immediate effect. You are now required to serve the remainder of your sentence in prison (subject to early release). Yours sincerely, Governor HM Prison USER_ESTABLISHMENT_NAME To be issued when prisoner is returned to prison custody 23

24 Appendix P Electronic Transmitter Removal Guidance Personal Identification Device/Electronic Tag (PID) Removal Guidance The instructions below should be followed if it has become necessary to remove a PID from an individual received into custody. Please note that the PID should be removed using standard safety scissors, normally available within any First Aid box. Figure 1: Pull the strap of the transmitter away from the subject s leg and position the scissors as illustrated. Figure 2: Cut the strap and remove the PID from the subject s leg. Please note that the strap should be cut as far from the PID as possible. On removal, please contact G4S on (Information has been removed due to its content being exempt in terms of the Freedom of Information (Scotland) Act 2002, Section 30, Prejudice to effective conduct of public affairs), and a member of our staff, who will carry identification, will pick up the PID from the relevant station. The PID should be sealed in an envelope marked for the attention of G4S and left with either the Officer in Charge of the Custody Suite or with the Station Assistant. It should not be returned to the subject. WHEN A SUBJECT IS BEING RELEASED FROM CUSTODY WHO HAS HAD THEIR PID REMOVED, THE RELEASING OFFICER MUST CONTACT G4S ON (Information has been removed due to its content being exempt in terms of the Freedom of Information (Scotland) Act 2002, Section 30, Prejudice to effective conduct of public affairs), THIS WILL ENSURE THAT THE SUBJECT IS RE- TAGGED WITHOUT DELAY. 24

25 Appendix Q G4S can be contacted as follows: G4S Contact Details Information has been removed due to its content being exempt in terms of the Freedom of Information (Scotland) Act 2002, Section 30, Prejudice to effective conduct of public affairs 25