Probation Circular NATIONAL STANDARDS 2005

Transcription

1 NATIONAL STANDARDS 2005 PURPOSE To inform areas of the new National Standards ACTION Chief Officers should ensure that all staff are briefed on the new National Standards. Areas should nominate a point of contact to be the interface between the area and NPD on all issues relating to National Standards SUMMARY The new National Standards are based on: The principles of offender management The Criminal Justice Act 2003 They will apply to all offenders irrespective of the date on which their supervision commenced. Printed copies of National Standards 2005 will be provided to all areas as soon as possible. A PowerPoint presentation for use in staff briefing is attached. NPD will monitor the implementation of the National Standards 2005 and welcomes feedback on any issues that arise. RELEVANT PREVIOUS PROBATION CIRCULARS PC07/2005: Draft National Standards 2005 for Consultation CONTACT FOR ENQUIRIES Paris.Mikkides@homeoffice.gsi.gov.uk (tel: ) or Ed.Stradling@homeoffice.gsi.gov.uk (tel: ) Probation Circular REFERENCE NO: 15/2005 ISSUE DATE: 4 March 2005 IMPLEMENTATION DATE: Immediate EXPIRY DATE: March 2010 TO: Chairs of Probation Boards Chief Officers of Probation Secretaries of Probation Boards CC: Board Treasurers Regional Managers AUTHORISED BY: Roger McGarva, Head of Regions & Performance Management ATTACHED: Annex A National Standards 2005 Annex B National Standards 2005 PowerPoint presentation National Probation Directorate Horseferry House, Dean Ryle Street, London, SW1P 2AW General Enquiries: Fax: Enforcement, rehabilitation and public protection

2 BACKGROUND National Standards 2000 (as amended in 2002) identified the minimum standards that staff were expected to deliver. They differed from earlier versions by distinguishing between standards that staff were expected to meet and standards for offenders behaviour. This approach is continued in National Standards The new standards are based on the principles of offender management and the Criminal Justice Act Reference is made throughout to the offender manager. This is not necessarily a probation officer. Allocation decisions will be based on an assessment of the offender conducted either at court through preparation of a fast delivery report or after adjournment based on an OASys assessment. The offender management framework assumes that those offenders who pose the highest risk of harm or likelihood of reoffending will be subject to the highest levels of supervision or restrictive requirements, so National Standards 2005 places great importance on the use of OASys and periodic reviews. Levels of contact after the first 16 weeks will be determined on the basis of the OASys review, subject to a minimum of one contact every four weeks. National Standards 2005 require staff to use professional judgment in assessing and reviewing offenders behaviour. It is essential that this is reflected in clear and concise records that can demonstrate defensible decision-making. The NPD recognises that considerable training on the CJA is being delivered. It is therefore not prescribing the level and type of training or briefing on National Standards However, a PowerPoint presentation is attached for use as areas decide. New arrangements for National Standards monitoring are being developed. Further information will be provided to areas as soon as possible. As indicated above, the NPD will monitor the implementation of National Standards 2005 and welcomes feedback on them. The National Standards Reference Group will regularly review this feedback and take appropriate action. The consultation on National Standards 2005 resulted in 33 responses, including 25 from probation areas, plus discussion with a range of organisations. They key changes in the final National Standards compared with the first public draft were: Clarification that the Standards will apply to all offenders irrespective of the date on which their supervision commences A new standard that sets out the expectation that the offender manager and the courts work jointly to ensure that an offender in breach appears in court and that the case is resolved in within 25 working days Clarification that unless the Court directs otherwise, a full OASys assessment does not need to be completed if the risk of harm screening shows that a full risk of harm analysis is not required and there is an OGRS score of less than 41. A standard in relation to offenders on licence, specifying that the 1 st appointment after release should be arranged to occur on the day of release or, if not practicable, on the next working day A statement that appeal is not a basis for suspending National Standards A statement emphasising that these are the minimum contact standards and offender managers should use their judgement to exceed them if necessary in order to better manage the risk of harm or the likelihood of re-offending posed by the offender A 15-day standard for commencing Attendance Centre requirements Making clear that the management of risk of harm is to be addressed when reviewing the sentence plan The expectation that approved premises staff shall be fully involved in sentence planning within the appropriate timescales prescribed by the tier. An allowance of up to 20% of the hours on an unpaid work requirement for literacy/skills development or other work necessary to enable the offender to gain maximum benefit from the sentence New guidance on workload prioritisation in the context of National Standards 2005 will be issued by the NPD shortly. PC15/2005 National Standards

3 National Standards

4 Introduction The new National Offender Management Service has the clear objective to punish offenders and help reduce re-offending. This new service will ensure effective end-to-end management of offenders both in the community and in custody. Offender management will form the spine of NOMS; with a line from the Chief Executive, through the National Offender Manager to the newly appointed Regional Offender Managers (ROMs) with clear accountability at all levels for reducing re-offending. This sharper focus on accountability for reducing re-offending will be crucial to making the new system work, ensuring that offenders receive the appropriate interventions whether they are in custody or in the community. The first set of national standards for the supervision of offenders in the community was published in These new national standards have been designed to reflect the establishment of the National Offender Management Service, the introduction of offender management and the 2003 Criminal Justice Act. They provide the minimum provision that the National Offender Manager will expect for offenders under supervision. The creation of a clear separation between the supervision of offenders and the provision of interventions in the community is a key challenge in the coming year. The recent appointment of ROMS, a key recommendation of the Carter Report Managing Offenders, Reducing Crime (December 2003), is crucial in assisting probation areas in creating this separation. This set of standards represents an important step in integrating end-to-end offender management into current practice and, bolstered by the development in the offender management model that will occur throughout 2005/06, will lead to effective implementation of offender management in community supervision by 2006, and for custodial sentences during 2006/07. The language used in the new standards also reflects the importance placed on the restrictive, punitive and rehabilitative aspects of community sentencing. The National Probation Service has improved its performance against the previous standards year on year. Over the course of 2005/06, ROMS will be key to continuing this, in particular through the development of standards to form the basis of the future commissioning role that ROMs will have in ensuring quality and consistent performance. It is our clear expectation that the levels of provision set out in these standards will be met and that they will enhance the quality of offender management and improve public confidence in the effective supervision of offenders in the community. 2

5 National Standards 2005: Overview of minimum required actions Tier Allocation First Contact Sentence Plan OM Contacts Enforcement Reviews 4 Within 1 working Within 5 working Within 10 day days working days Page 8 Page 10 Pages Page 20 3 Within 1 working days Before leaving Court or as soon as possible thereafter, within 5 working days. For licences, the 1 st appointment with the offender after release should be arranged to occur on the day of release or, if not practicable, on the next working day Within 15 working days Within 10 working days Page 8 Page 9 Page 10 Pages Page 20 2 Within 3 working days Within 15 working days (i) Unless other weekly requirement contacts have been arranged during the first 16 weeks, the offender should be seen at least once per week for that period; (ii) contact thereafter to be defined following an OASys review, with minimum of 1 contact every 4 weeks for the remainder of the order Within 10 working days Page 8 Page 10 Page 11 Pages Page 20 1 Within 3 working days Before leaving Court or within 5 working days. As above for licences. Within 15 working days At least 2 during the sentence plus the requirement contacts Within 10 working days Page 8 Page 9 Page 10 Page 11 Pages Page 20 By 16 weeks At completion of each requirement At termination By 16 weeks At completion of each requirement At termination By 16 weeks At completion of each requirement At termination By 16 weeks At termination Requirement Start Contacts Pages Custody imprisonment Immediate Not specified 12 Custody - licence Day of release 1 contact within 3 working days of release 12 Unpaid work Within 10 working days At least 6 hours per week Residence requirement Immediate N/A 14 Prohibited activity requirement Immediate N/A 14 Exclusion requirement As specified in the requirement N/A 14 Curfew requirement As specified in the requirement N/A 14 Attendance centre requirement Within 15 working days Fortnightly, to a max of 3 hours per day 14 Supervision requirement Within 15 working days At least 1 contact per week for first 16 weeks 15 Specified activity requirement Within 15 working days At least 3 contacts in the first four weeks 15 Programme requirement No later than 6 weeks after sentence (GOBPs) As specified by the programme 15 Drug Rehabilitation requirement Within 2 working days At least 15 hours per week (highest community sentence band)/ 8 hours p.w. (medium band)/ one contact p.w. (lower band) across all requirements of the order for first weeks. Alcohol treatment requirement Dependent on availability As specified by offender manager Mental health treatment requirement Dependent on availability As specified by offender manager 17 3

6 FEATURES, PURPOSE, APPLICABILITY & EXPECTATIONS GS1 The Probation Service shall operate to at least the minimum National Standards for service delivery, noting the features, purpose and applicability of the Standards and the expectations placed upon Probation Boards. SS1.1 Features of the National Standards The National Standards 2005: are issued by the Secretary of State for the Home Department. They replace those issued in 2002, and apply to all probation areas in England and Wales. (Offenders under supervision prior to the issuing of these standards must not be subject to any greater degree of restriction or punishment during the transitional period); are expressed in measurable terms as general standards (GS) and specific standards (SS) which are in the control of probation area managers and staff, for which they must be held to account; are predicated on the principle that the Probation Service, and organisations acting on its behalf, will operate fairly and consistently to all offenders and avoid inappropriate discrimination or disadvantage on grounds of race, nationality, ethnic origin, sex, age, disability, religion and belief, sexual orientation, literacy, language or any other improper ground. SS1.2 Purpose of the National Standards The National Standards 2005: set the minimum standards to which Local Probation Boards should ensure offenders are managed and services are provided with regard to the following purposes: the punishment of offenders, the reduction of crime, the reform and rehabilitation of offenders, the protection of the public, and the making of reparation by offenders to persons affected by their offences; inform offenders what is expected of them and the action that will be taken if they fail to comply; reflect the intention that there should be effective joint working between the Prison Service and National Probation Service in order to realize the aims of the National Offender Management Service. The Standards deal with areas of joint work with the Prison Service, which are also covered by Prison Service Standards; provide one of the bases against which Her Majesty s Inspectorate of Probation will evaluate areas performance. SS1.3 Applicability of the National Standards The National Standards 2005 apply to the management by the Probation Service of all offenders aged 18 years or over, and those aged 16 and 17 who are on adult orders. (Those on juvenile orders will be managed according to the standards published by the Youth Justice Board). SS1.4 Expectation of Probation Boards 4

7 The National Standards 2005: require areas to implement any quality or performance standards or guidance issued by the National Probation Directorate to inform the National Standards, in conjunction with other key policy documents; require areas to take all reasonable steps to ensure that offenders are managed in accordance with the principles of effective practice; require areas to work effectively with other agencies, particularly the courts, police and the Prison Service, as part of the wider criminal justice system. This will require protocols to be established and reviewed; require areas to monitor regularly their performance both against these Standards and against the outcomes of their work, and to take action when necessary to improve performance; require areas to make appropriate use of nationally agreed assessment tools; require areas to respond fully and promptly to the Home Office s requests for information and statistical returns; require areas to draw up contracts for their partnerships, contracted services and jointly commissioned services that provide for those partners to operate in accordance with these Standards; require full and accurate records to be kept on designated computer systems; require that the Standards be adhered to in all but exceptional individual circumstances and that any decision to depart from them be endorsed by the designated line manager on the offender s record, giving full reasons; require areas to ensure that they have a strategy to inform and gain the confidence of sentencers, the general public including minority communities about their work and the services they provide; require areas to have comprehensive local protocols, policies and guidance to ensure that directions set by relevant legislation, these Standards, probation circulars and HMIP findings are implemented. 5

8 ASSESSMENT OF OFFENDERS BEFORE SENTENCE GS2 SS2.1 Where a Court requests a report from the Probation Service prior to sentencing, an appropriate assessment will be made of the offender s risk of harm and the likelihood of reoffending, in order to inform the Court of a clear and realistic proposal for sentence or remand. Bail Information Bail information reports shall: be written, objective, factual and impartial; if made orally when a written report cannot be prepared in time, be written up as soon as possible thereafter; satisfy the content, style and quality requirements defined in guidance by the National Probation Directorate; be targeted in accordance with the National Probation Directorate guidance. SS2.2 SS2.3 SS2.4 In cases where risk of serious harm to the public is apparent, bail information reports shall be copied to the police, social services or health authority as appropriate. In cases where the defendant is subsequently remanded in custody, bail information reports shall be copied, together with any other supporting documentation to the receiving prison Where a pre-sentence report is ordered following conviction or at the point of committal or allocation to Crown Court, a copy of the bail information report, if available, should be passed to the offender manager charged with preparing the report. SS2.5 SS2.6 Pre sentence reports Offenders shall be offered at least one face-to-face interview (which can be made via a video link where this is available and appropriate) in order to inform the report. In all cases in which a report is requested, the Probation Service shall, as a minimum: obtain an OGRS score, giving a calculation of likelihood of reconviction; complete the OASys Risk of Harm screening tool; SS2.7 Unless the Court directs otherwise, a full OASys assessment does not need to be completed if both of the following conditions are met: the risk of harm screening shows that a full risk of harm analysis is not required and the OGRS score is less than 41 SS2.8 Unless the Court directs otherwise, a full OASys assessment shall be completed if one or more of the following conditions are met: the risk of harm screening shows that a full risk of harm analysis is required; the OGRS score is 41 or over; the court has adjourned for a full report because of the seriousness of the offence; the offender is a locally defined prolific or other priority offender. SS2.9 Written reports to inform sentencing shall: be based on the appropriate risk/needs assessment in accordance with SS2.6 to SS2.8 be objective, impartial, free from discriminatory language and stereotype, balanced, verified and factually accurate; 6

9 only include information from the victim where it is drawn from the CPS papers or from a victim personal statement. satisfy the content, style and quality requirements defined in guidance by the National Probation Directorate; be completed using nationally approved report formats; be copied to the court, the defence, the defendant and (where required by section 156 of the Powers of Criminal Courts (Sentencing) Act 2000) the prosecution. SS2.10 SS2.11 SS2.12 SS2.13 Reports shall make a clear proposal for sentence (including custody) taking into account the seriousness of the offence, and the purpose of sentencing. Reports shall make clear, in an outline sentence plan, what requirements are envisaged, including outline timescales, and how the sentence is likely to be implemented, including any plans for sequencing interventions. Reports shall be prepared within the timescale set by the commissioning court. Where it has not been possible to complete a report for the court, for whatever reason, including non-attendance by the offender at interview, the report writer shall notify the court at the earliest opportunity that a report will not be available for the hearing and submit in writing the reasons why the report has not been completed. 7

10 ALLOCATION OF THE CASE GS3 SS3.1 Sentenced cases shall be allocated to an offender manager Following sentence each case shall be assigned to a tier within the National Offender Management Model, be recorded as such and shall be allocated to an offender manager. The tiering decision shall be based on an OASys assessment where available. For offenders sentenced to custody, allocation should be made within five working days of sentence. Applicability Community Order SSO Intermittent Custody Custody Plus Custody >12 months EPP IPP SS3.2 Probation Areas shall ensure that: Tier 4 & Tier 3 cases are allocated within one working day of sentence Tier 2 & Tier 1 cases are allocated within a maximum of 3 working days after sentence Requirements which require commencement before 3 working days are allocated accordingly SS3.3 Following sentence the offender manager shall review any current assessments completed at the pre-sentence stage (where available). All cases designated at Tier 2 and above, with the exception of those in which there is a stand alone unpaid work requirement, should have a full OASys assessment before the sentence plan is produced. All cases at tiers 3 and 4 should have a full OASys assessment before the sentence plan is produced. 8

11 COMMENCEMENT OF THE SENTENCE GS4 SS4.1 Offender managers shall commence the sentence promptly and induct the offender into the requirements of the sentence and the expectations being placed upon them. Arrangements following sentence or release The date of the first appointment with the offender manager for those on communitybased sentences should be arranged with the offender before the offender leaves court, but where this is not possible, within 1 working day of the sentence being made. Applicability Community Order SSO Intermittent Custody Custody Plus Custody >12 months EPP IPP SS4.2 The first appointment with the offender manager should be arranged to take place within a maximum of 5 working days of the sentence being made but should be sooner for offenders: who pose a high or very high risk of serious harm to the public; who are already assigned to Tiers 3 and 4 of the National Offender Management Model; whose sentence includes a drug rehabilitation requirement, where the first contact shall take place within one working day of sentence (which can include contact at court). on licence, where the 1 st appointment after release should be arranged to occur on the day of release or, if not practicable, on the next working day SS4.3 If an offender has spent sufficient time on remand to be released on licence direct from the court and no offender manager has been appointed, the court duty officer shall give the managing probation area as much detail as possible about the offender and the release address, and arrange for the licence to be served. Provision of information for the offender At the earliest possible opportunity following commencement of a community based sentence, which shall normally be at court, the Probation Service shall ensure that: SS4.4 offenders are provided with appropriate information about the requirements of their sentence, what is expected of them 1 and what they can expect from the probation area; SS4.5 offenders are informed that failure to comply with the requirements of their sentence will result in enforcement action; SS4.6 offenders are informed that even if they are appealing against their sentence, all requirements of their sentence shall apply until notified otherwise. Appeal is not grounds for suspending National Standards. For offenders released on licence, the Probation Service shall ensure that: SS4.7 offenders are reminded that the period of post-release forms part of the original sentence. SS4.8 the police shall be given release, licence and address information as soon as practicable in accordance with the national protocol. SS4.9 Notes At induction with an offender manager, or as soon as possible thereafter, offenders shall sign their order or licence and confirm that they have received and understood appropriate information about its requirements. 1 To include standards of behaviour that prohibit further offending; violent or aggressive behaviour or threats of violence; other conduct or language that might reasonably give offence to probation staff, other offenders or members of the public; other wilful or persistent non co-operation or behaviour designed to frustrate the purpose of the offender s or others sentence. 9

12 SENTENCE PLANNING GS5 SS5.1 A plan for how the sentence will be implemented and who will be required to implement it shall be produced as soon as is feasible. Producing the sentence plan A sentence plan shall satisfy the purpose, content, style and quality requirements defined in guidance by the National Probation Directorate but, as a minimum, shall always indicate: Applicability Community Order SSO Intermittent Custody Custody Plus Custody >12 months EPP IPP the proposed sequence, timing and contact levels of each requirement; who will deliver the interventions; how any risk of harm posed by the offender will be managed (including any cross references to a risk management plan); that all arranged contacts are enforceable. SS5.2 Sentence plans shall aim to sequence interventions such that punitive and restrictive requirements are commenced as soon as possible after sentence. Rehabilitative requirements shall be scheduled for implementation either to follow, or in parallel with punitive and restrictive requirements, providing that appropriate actions are contained within the plan to remove obstacles to the offender learning from the rehabilitative requirement. SS5.3 All offenders at Tiers 3 and 4 of the National Offender Management Model shall have a written sentence plan, completed by an appropriate offender manager using OASys. Usually, this will have been completed, at least in outline, as part of the report production process for court, but in all instances, a sentence plan must either be completed or updated within the following minimum timescales following either sentence or release on licence: Tier 4 cases within a maximum of 5 working days Tier 3 cases within a maximum of 15 working days SS5.4 For Tier 1 cases, a full OASys is not required, but the sentence plan should be prepared within a maximum of 15 working days of sentence. For Tier 2 cases a full OASys will be required unless the only requirement is an unpaid work requirement. The sentence plan should be written within 15 days of sentence. SS5.5 For those sentenced to custody, but who will be subject to licence conditions managed by the Probation Service, the offender manager shall produce the sentence plan in conjunction with the prison service staff in order to ensure effective resettlement and continue rehabilitative work started in prison. SS5.6 Where practicable, sentence plans shall be arranged so as not to prevent the offender from being readily available to seek or take up employment if unemployed, nor conflict with an offender s entitlement to benefit, nor disrupt the working hours of an employed person, or the education of an offender in full-time education and to take account of religious and cultural requirements. SS5.7 Upon completion, or amendment, the sentence plan shall be copied, within one working day, to any person or agency involved in delivering the interventions. At or by the time of the next contact, it shall also be copied to the offender, who must be aware of the aims of the plan and have been involved in its formulation. SS5.8 Minimum levels of contact The sentence plan shall define the following minimum contact levels with the offender 10

13 manager. For Tier 3 and 4 cases, in addition to the contact levels defined, the offender manager shall make a home visit within 10 working days of the sentence or release on licence, if the risk of harm posed by the offender is identified as high or very high : 1 Tier 4, 3 and 2 cases: unless other weekly requirement contacts have been arranged during the first 16 weeks, the offender should be seen at least once per week for that period; contact levels thereafter shall be defined by the offender manager following an OASys review, but there should be a minimum of 1 contact every 4 weeks for the remainder of the order; Tier 1 cases: at least 2 contacts shall be arranged during the sentence, in addition to any requirement contacts. In all instances, these are the minimum contact standard and offender managers should use their judgement to exceed them if necessary in order to better manage the risk of harm or the likelihood of re-offending posed by the offender. For Tier 3 and 4 cases, it is expected that the combination of all the requirements will lead to a significant level of contact and restriction on liberty. Further assessments during the course of the sentence The offender manager shall undertake any further assessments deemed necessary during the course of the sentence, and in particular, shall: SS5.9 for Release on Temporary Licence provide information of relevance to the initial assessment and subsequent applications for resettlement licence, where given at least four weeks notice and contact the release address after the first overnight release and provide the prison with an assessment of that release; SS5.10 for Home Detention Curfew provide an assessment of the suitability of the home address and any comments on the suitability of the offender within 10 working days of receipt of the request; Notes 1. Where an offender has been remanded in custody for another offence whilst serving a community sentence or licence the standards for arranging contact for the community order or licence will not apply for the time that the offender is in custody. They will be reinstated when the offender leaves custody if the court has not revoked the community order. The standards for arranging contact will also not apply where there is clear medical certification that the offender s long term sickness would make their application impractical for a period. However, if the long term sickness is something that may prevent the offender from carrying out a community order, then application should be made to the court for the sentence to be revoked and replaced with something more suitable to the offender s circumstances. 11

14 IMPLEMENTING THE SENTENCE: PUNITIVE REQUIREMENTS GS6 The implementation of the punitive requirements of the sentence shall be prioritised. Custodial sentences Applicability Sentences Community Order SSO Intermittent Custody Custody Plus Custody >12 months EPP IPP SS6.1 Offenders sentenced to custody The Probation Service shall ensure that following sentence at court, any information suggesting a high risk of harm to others, including staff, or of self-harm is made available to the receiving prison on the same day. SS6.2 Where prepared, the following documents should be made available to the receiving prison within 2 days of sentence: an up to date OASys assessment, the report to the court post sentence interview report SS6.3 The levels and nature of contact between prisoners, prison staff and the offender manager are a matter of judgement but should be sufficient during the pre-release stage to support the successful resettlement and rehabilitation of the offender in accordance with the sentence plan. SS6.4 Offenders released on licence The first appointment with the offender after release shall be arranged to occur on the day of release or, if not practicable, on the next working day. SS6.5 A further appointment shall be arranged for within three working days of release, to monitor the offender s progress and complete any additional assessments needed to implement the requirements of the licence in accordance with the sentence plan. Unpaid work requirement SS6.6 Arranging work sessions The first work session shall be arranged to take place within 10 working days of the sentence requirement being made or the period of release on licence commencing. SS6.7 The offender manager shall ensure that a minimum average of 6 hours per week is arranged from the start of the requirement, excluding if relevant: any week the offender is in custody; any periods of medically certified sickness of more than 2 consecutive weeks; any weeks where breach or appeal action is underway and where it has been decided (and appropriately recorded) that work should no longer be arranged because the offender is completely uncooperative or disruptive, or where further work would serve no useful purpose and such a decision has been recorded and endorsed by a line manager; any weeks (up to a maximum of two) when the community punishment operation is closed down e.g. because of end-year public holidays. SS6.8 Work sessions shall be arranged so as not to prevent the offender from being readily available to seek or take up employment if unemployed, nor conflict with an offender s entitlement to benefit, nor disrupt the working hours of an employed person, or the education of an offender in full-time education, and to take account of religious and cultural requirements. 12

15 SS6.9 SS6.10 Recording the hours worked All offenders shall be given a weekly record detailing: the hours worked during a week; an indication of whether that work and the offender s conduct were satisfactory; the total hours worked under the requirement thus far; the hours remaining to be worked. The hours worked by an offender shall include: any travel time in excess of half an hour each way, subject to an overall limit of 10 per cent of the hours prescribed; up to half an hour where a work session spans lunchtime and the offender is required to remain on site, providing that the offender remains under the management of the work placement supervisor throughout; and except where the latter requires the offender to remain, in which case time credited must not exceed more than half an hour a day; an allowance for completing basic literacy or other work necessary to enable the offender to gain maximum benefit from the sentence, or to provide qualifications directly related to work undertaken as part of the sentence, provided the total does not exceed 20 per cent of the prescribed hours. SS6.11 The hours worked by an offender shall exclude any time during which bad weather prevents the performance of work. SS6.12 Suitability of the work Probation Areas shall select suitable work placements that meet the quality and content requirements set by the National Probation Directorate. Such placements shall not replace work that would normally be done by paid employees. SS6.13 Curfew requirement The Probation Service or other appropriate authority shall instruct the offender at Court or upon release what the requirement means and that this requirement commences at the time stated in the order / licence. The offender shall sign their order / licence to indicate understanding. 13

16 IMPLEMENTING THE SENTENCE: RESTRICTIVE REQUIREMENTS GS7 SS7.1 The implementation of the restrictive requirements of the sentence shall be prioritised. Residence requirement The Probation Service shall have advised the court of suitable approved premises, hostel or institution if requested to do so, confirmed immediate availability and shall instruct the offender at Court or on release what the requirement means and that this requirement commences with immediate effect following sentence or release. Applicability Community Order SSO Intermittent Custody Custody Plus Custody >12 months EPP IPP SS7.2 Prohibited activity requirement The Probation Service shall instruct the offender at Court or upon release what the requirement means and that this requirement commences with immediate effect following sentence or release. SS7.3 Exclusion requirement The Probation Service shall instruct the offender at Court or upon release what the requirement means and that this requirement commences at the time stated in the requirement. SS7.4 Attendance Centre requirement The Probation Service shall instruct the offender at Court or upon release what the requirement means and that this requirement will commence within 15 days or as soon as possible after sentence, in agreement with the operator of the Attendance Centre. SS7.5 With the agreement of the operator of the Attendance Centre, offenders shall be instructed to attend fortnightly following commencement, for a maximum of three hours per day. SS7.6 Electronic Monitoring Where electronic monitoring has been imposed in addition to any other requirement, Probation Service staff shall instruct the offender at Court or upon release what the requirement means and that this requirement will commence at the time stated in the requirement. 14

17 IMPLEMENTING THE SENTENCE: REHABILITATIVE REQUIREMENTS GS8 SS8.1 The implementation of the rehabilitative requirements of the sentence shall commence as soon as possible following sentence, having regard to the need to integrate with the punitive and restrictive elements. Supervision requirement Supervision with an offender manager shall commence within 15 working days of sentence or release on licence. However, the offender manager, having regard to the sequencing of requirements and in particular, the need to remove obstacles to an offender s ability to benefit from or contribute to the requirement, may indicate a later commencement date in the sentence plan and make this known to the Court. Applicability Sentences Community Order SSO Intermittent Custody Custody Plus Custody >12 months EPP IPP SS8.2 The offender manager shall arrange a minimum of one contact per week for sixteen weeks, with contact levels thereafter to be defined by the offender manager following an OASys review. SS8.3 Specified Activity requirement A specified activity shall usually commence within 15 working days of sentence or release on licence, following further appropriate specialist assessments if required. However, the offender manager, having regard to the sequencing of requirements and in particular, the need to remove obstacles to an offender s ability to benefit from or contribute to the activity, may indicate a later commencement date in the sentence plan and make this known to the Court. SS8.4 The offender manager shall arrange a minimum of three contacts in the first four weeks of the intervention. Contact levels thereafter shall be defined by the offender manager. SS8.5 Specified activities shall be delivered in accordance with any content and quality requirements defined by the National Probation Directorate. SS8.6 Programme requirement An accredited programme shall commence as soon as possible, and for general offending programmes, no later than 6 weeks after sentence or release on licence (where there is more than one programme requirement, at least one shall commence no later than 6 weeks). Commencement shall follow further appropriate specialist assessments if required and shall follow or be in conjunction with actions designed to remove obstacles to an offender s ability to benefit from the programme, which shall be recorded in the sentence plan. A start is defined as attendance at session 1 of the core programme. SS8.7 Offenders shall be instructed to attend for the number of sessions required by the programme. SS8.8 Programmes shall be delivered in accordance with any content and quality requirements defined by the National Probation Directorate, including the administration and completion of any psychometric tests that are required. SS8.9 The offender manager shall liaise with the programme provider at intervals defined by the National Probation Directorate, depending on the type of programme, and shall ensure that a report on the offender s progress during the programme forms part of the review following completion of the programme. Completion is defined as undertaking the final session of the core programme. 15

18 SS8.10 Drug Rehabilitation Requirement The Probation Service shall have advised the court of the availability of treatment and the first contact with the treatment provider shall be arranged to take place within two working days of the sentence being made. In exceptional circumstances the requirement should be started at a later date to remove obstacles to completion but this must be made known to the court. Sentence plans shall aim to sequence interventions such that punitive and restrictive requirements are commenced as soon as possible after sentence. Rehabilitative requirements shall be scheduled for implementation either to follow, or in parallel with punitive and restrictive requirements, providing that appropriate actions are contained within the plan to remove obstacles to the offender learning from the rehabilitative requirement. SS8.11 Where a community order includes a DRR, the total contact from all requirements of the community order within the first 16 weeks should be at least 15 hours per week for those in the highest community sentence band and 8 hours per week for those in the medium band. Community orders with a DRR at the lowest level of the community sentence band will require a minimum of one contact per week, but no minimum hours are specified. Contact levels thereafter shall be defined by the offender manager following an OASys review. SS8.12 SS8.13 Testing Offenders must be tested (and the results recorded) at least twice per week during the first sixteen weeks of the requirement, which shall be reduced to once per week thereafter if the offender manager evidences that sufficient progress has been made. Offenders who have admitted drug use in advance of a test must be offered a drug test no less than the minimum number of occasions specified in the order and be asked to sign a form, along with the person(s) over-seeing the testing, which must have been explained to them and which must include: the date and time of the appointment and a record of those present; that they admit using a specified drug(s) since their last test or since sentence; that they have been offered a test but have declined it in the light of their admission; that the form may be placed before the court responsible for the order as evidence of drug use; They must also provide a sample in every instance where they have refused to sign the form, even if an oral admission has been made, and provide a sample if asked to do so by probation staff or the treatment provider, even if prepared to make a signed admission of drug use. The reasons why they have been requested to provide a sample shall be explained to them beforehand. SS8.14 SS8.15 Failure to provide a sample shall be interpreted as an unacceptable failure to comply with the requirement. Treatment and testing provided under the sentence shall be delivered in accordance with the quality requirements defined by the National Probation Directorate. SS8.16 Court Reviews In addition to the sentence review arrangements defined by the National Standards, the offender manager shall produce for the court a written progress report every four weeks, for the first 16 weeks of the requirement, and at a minimum of every 16 weeks thereafter, which includes test results, on the progress and compliance of an offender sentenced to a drug rehabilitation requirement of 12 months or more, and if requested by the court, on a drug rehabilitation requirement of less than 12 months. SS8.17 Alcohol treatment requirement Attendance on an alcohol treatment intervention shall commence within the timescales indicated to the court at the time of sentence, which will depend upon 16

19 availability of the intervention, and following further appropriate specialist assessments if required. SS8.18 SS8.19 SS8.20 Offenders shall be instructed to attend in accordance with the treatment schedule devised. Mental health treatment requirement Attendance on a mental health treatment intervention shall commence within the timescales indicated to the court at the time of sentence, which will depend upon availability of the intervention, and following further appropriate specialist assessments if required. Offenders shall be instructed to attend in accordance with the treatment schedule devised. 17

20 ENFORCING THE SENTENCE GS9 SS9.1 Where the offender fails to comply with the sentence, the offender manager shall take steps to promptly enforce the requirements of the sentence. Actions required following a failure to comply For all offenders any failure to attend an appointment or any other failure to comply with any other requirement of a sentence should be deemed unacceptable unless the offender provides an acceptable explanation. A failure to comply shall be considered as an unacceptable failure to comply only once in respect of any one day, regardless of the number of contacts arranged for that day, and an unacceptable failure to comply in relation to any requirement shall count as one failure to comply with the whole sentence. Applicability Community Order SSO Intermittent Custody Custody Plus Custody >12 months EPP IPP SS9.2 Where no explanation is provided within two working days of the apparent failure, the offender manager shall send a letter to the offender warning that if no acceptable explanation is received within a further five working days of the date of the letter the failure will be deemed unacceptable and any further failure could lead to breach action. SS9.3 If the offender provides an acceptable explanation within the above timescale, the offender manager shall rescind the warning and ensure that the fact that the warning has been withdrawn is properly recorded on the offender s record. SS9.4 If the explanation is unacceptable the offender manager shall send a further letter drawing the attention of the offender to the warning already issued. SS9.5 The offender manager shall fully record every apparent failure within seven working days of the failure, including whether or not any explanation was given by the offender, and if so what that explanation was and whether or not it was acceptable. SS9.6 If the explanation is not considered acceptable or no explanation is given within seven working days of the failure, the offender manager shall record the incident as an unacceptable failure to comply. SS9.7 The offender manager shall place copies of any written warning on the offender s case record along with a note of the offender s comment on the warning. SS9.8 Taking breach action For all offenders, breach action may be taken after one unacceptable failure to comply, where appropriate. SS9.9 For offenders on community sentences, the offender manager shall give only one warning in any 12 month period of a sentence before commencing breach action. SS9.10 For offenders released on licence, where breach action is not taken after one unacceptable failure to comply, the offender manager shall give the offender a formal written warning of the consequences of further failure. SS9.11 For offenders released on licence, where it is proposed not to take breach/recall action after a second unacceptable failure to comply, an officer of at least Assistant Chief Officer level, or equivalent grade, shall confirm this course of action and give the offender a formal written warning. SS9.12 For offenders released on licence, no more than two written warnings shall be given within the total sentence period before commencing breach action. SS9.13 For offenders released on licence, the offender manager shall commence breach/recall action no later than the third unacceptable failure to comply. The offender manager is required to provide a new risk assessment to the Early Release 18

21 and Recall Section within 14 working days of recall to custody. SS9.14 SS9.15 SS9.16 SS9.17 Where breach proceedings are required, the offender manager shall instigate these proceedings within 10 working days of the relevant failure to comply, or sooner if the offender poses a risk of harm to the public. The offender manager shall normally arrange further contacts in relation to the sentence requirements pending breach unless it is clear that the offender is completely uncooperative or disruptive, has a warrant outstanding, or that for other similar reasons arranging further appointments or work would serve no useful purpose and such a decision has been recorded and endorsed by the designated line manager. The offender manager shall ensure that the documentation to prove the breach and advise on sentencing is made available to the court dealing with the breach. Probation Areas should work in partnership with the courts to ensure that offenders appear in court and their cases are resolved within 25 working days of the second unacceptable failure (third for licences) unless there is a not guilty plea. When an offender is charged with a serious offence this must be reported to the National Probation Directorate in the manner prescribed. 19

22 MONITORING, REVIEW & EVALUATION GS10 SS10.1 The offender manager shall monitor the delivery of the sentence plan, review progress against the plan, revise the plan as necessary and, at the end of the sentence, evaluate the extent to which the plan achieved its objectives. Monitoring, Review & Evaluation A formal review of progress against the sentence plan, incorporating any necessary amendment to planned objectives or management of risk of harm, and using and rescoring OASys (or any other nationally approved assessment system), subject to it having being used at or prior to commencement, shall be completed and recorded by an offender manager no later than 16 weeks after the date of commencement of either a community sentence or a licence. Applicability Community Order SSO Intermittent Custody Custody Plus Custody >12 months EPP IPP SS10.2 For all cases at Tiers 3 and 4 of the National Offender Management Model, and Tier 2, except where there is a standalone unpaid work requirement, a further review, using OASys and other appropriate assessment tools, shall be completed and recorded by the offender manager at the conclusion of each planned requirement within the sentence, or more frequently if required to monitor risk or record significant change. SS10.3 In all cases, there shall be a final review of the sentence plan, using and re-scoring OASys where appropriate, at the termination of the sentence, which shall involve the offender, where possible, to evaluate achievement of the sentence plan. This shall be copied to the offender, where possible. SS10.4 When required, feedback information on resettlement shall be provided to the Prison Service at the end of the licence period. SS 10.5 Early revocation should be kept under consideration throughout the sentence where it seems likely to motivate offender compliance. The offender manager should consider carefully the behaviour of the offender and response to supervision. An application should only be made if: the offender has demonstrated sustained compliance with the requirements of the order; the offender has completed any requirements in the order ; the needs identified in the original OASys assessment have been generally met; the offender does not present a risk of serious harm to the community; there has been a reduction in the likelihood of further offending 20

23 WORKING WITH VICTIMS GS11 SS11.1 Victims, or their families, in cases involving a serious sexual or violent offence, which leads to a custodial sentence of 12 months or more, will be offered contact with the Probation Service. 1 Contact arrangements A written offer of face to face contact between the victim (or victim s family) and local probation area/victim contact unit, or its agent, shall be made within 40 working days of sentence. Applicability Community Order SSO Intermittent Custody Custody Plus Custody >12 months EPP IPP SS11.2 Information shall be provided to victims (or their families) about the criminal justice process. SS11.3 Offender release arrangements The offender manager shall offer victims (or their families) the opportunity to give their views on proposed conditions surrounding the offender s release. SS11.4 The offender manager shall offer victims (or their families) the opportunity to see any part of the parole report which represents their views. SS11.5 The offender manager shall inform victims (or their families) of any conditions of release which relate to contact with the victim. SS11.6 Information management Information relating to victims (or their families) shall be kept securely and separately from the offender s case record. Notes 1 In accordance with Section 69, Criminal Justice & Court Services Act 2000 and PC62/

24 APPROVED PREMISES GS12 SS12.1 The Probation Service, or its contractor, shall operate, where available, approved premises with the aim of protecting the public from offenders or bailees posing a high or very high risk of harm. Admission & arrival Admission to approved premises shall be based on an assessment of the offender s risk of harm to the public, victim(s) and staff and will normally be reserved for those offenders or bailees deemed to pose a high or very high risk of harm, based on a full OASys assessment. Applicability Community Order SSO Intermittent Custody Custody Plus Custody >12 months EPP IPP SS12.2 Every new resident shall be interviewed upon arrival when the house rules will be explained fully, and signed by the resident. SS12.3 During the course of the induction interview, staff shall assess the likelihood of selfharm by the new resident and ensure production of an appropriate management plan for immediate effect. Where any other risks are identified, an appropriate management plan should also be prepared. SS12.4 House rules Approved premises shall have a set of local house rules covering, at the minimum: the consequences of a failure to comply with the rules or with the requirements of the sentence; the consequences of theft of, or damage to, the property of the approved premises, staff, electronic monitoring contractors or residents; the requirement to be in the approved premises between and unless given express permission to the contrary; the requirement to pay promptly of the weekly charge; the prohibition of any conduct or language that reasonably give serious offence to approved premises staff, other residents or members of the public; the prohibition of using alcohol, solvents and controlled drugs, other than on prescription and following notification to approved premises staff; the power of staff to search the resident s room and any possessions kept at the approved premises. SS12.5 Sentence or management plan Within one working day of arrival, the offender manager shall ensure that the supervisory staff are involved in, consulted on, have access to and understand their part in the risk management plan. For bailees, approved premises staff shall produce a management plan within five working days. SS12.6 Approved premises staff shall be fully involved in sentence planning within the appropriate timescales prescribed by the tier. SS12.7 Recording Staff shall maintain a daily house record of any significant events that happen within approved premises and cross reference events to individual offender records where events involve individual residents. SS12.8 Enforcement Approved premises staff shall: issue recorded cautions for infringements of the house rules; notify the offender manager of failure by a resident to comply with any requirements, including compliance with the house rules; notify the police immediately if any resident on bail either fails to arrive, breaches curfew, or commits a further offence. 22

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