24/2014 Enforcement of the post-sentence supervision requirements

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ENFORCEMENT OF THE POST-SENTENCE SUPERVISION REQUIREMENTS
This instruction applies to:-
Reference:-
Providers of Probation Services
PI 24/2014
Issue Date
Expiry Date
1 May 2014
Issued on the
authority of
For action by (who is
this instruction for)
Effective Date
Implementation Date
1 November 2014
31 March 2016
NOMS Agency Board
All staff responsible for the development and publication of policy and
instructions
National Probation Service (NPS) Directorate
Community Rehabilitation Companies (CRCs)
NOMS Rehabilitation Contract Services Team
Other Providers of Probation Services
NOMS HQ
* If this box is marked, then in this document the term Governor also applies to
Directors of Contracted Prisons
Instruction type
For information
Provide a summary of
the policy aim and the
reason for its
development/ revision
Service Improvement
All staff, HMPS, Contracted Prisons
The requirements that can be imposed as part of a Post-Sentence
Supervision period following licence Conditions are set out in section
256AA of the Criminal Justice Act 2003 (inserted by section 2 of the
Offender Rehabilitation Act 2014). This Instruction sets out the
expectations of all staff involved in the management of offenders with
regard to enforcing the Post-Sentence Supervision Requirements. This
Instruction will be effective from the commencement of relevant
sections of the Offender Rehabilitation Act 2014.
Contact
Neil Stone; Head of Community Offender Management Policy
[email protected]
Associated documents PSI 31/2014-PI 29/2014 - Post-Sentence Supervision Requirements
Target Operating Model
PI 06/2014 Enforcement of Community Orders and Suspended
Sentence Orders
PI 08/2014 Process for Community Rehabilitation Companies to refer
cases in the community to National Probation Service for Review
Risk/Escalation Review
PI 27/2014 Recall Review & Re-Release of Recall Offenders
Practice Guidance – Enforcement of the Post-Sentence Supervision
Requirements to be issued by 31/8/2014
Replaces the following documents which are hereby cancelled: - None
Introduces amendments to the following documents: - None
Audit/monitoring: The Director of NPS in England, Director of NOMS in Wales and NOMS
Director of Rehabilitation Contract Services for CRCs will monitor compliance with the mandatory
requirements in this instruction. NOMS contract management will hold providers to account for
delivery of mandated instructions as required in the contract.
Notes: All Mandatory Actions throughout this instruction are in italics and must be strictly
adhered to.
Page 1
CONTENTS
Section
Title
1
Executive Summary
1.2
Background
1.7
Desired Outcomes
1.8
Application
1.9
Mandatory Actions
1.10
Breach Referral Timeliness
1.11
Resource Impact
2
Operating Instructions
2.6
Breach Information
For reference by
Relevant to all staff
Page 2
1.
Executive Summary
1.1
This Instruction provides mandatory actions and operational guidance for probation staff
involved in the management of offenders and the enforcement of the Post-Sentence
Supervision Requirements in the courts.
Background
1.2
Section 2 of the Offender Rehabilitation Act 2014 (ORA 2014) adds a new section 256AA
to the Criminal Justice Act 2003 to provide an additional period of post-sentence
supervision to the licence period of all offenders released from custodial sentences of
more than one day but less than two years. The Post Sentence Supervision period begins
immediately on expiry of the standard licence period and ends on the one year
anniversary of the custodial period. Thus the combined length of the licence and postsentence supervision period will always amount to 12 months for any offender sentenced
to a custodial sentence of more than one day and less than two years.
1.3
Section 3 of the ORA 2014 adds a new section 256AC to the Criminal Justice Act 2003 to
provide for breach of a requirement of the post-sentence supervision period to be heard
by a magistrates’ court. Both the decision on whether an offender has failed to comply
with a supervision requirement, and what if any sanction there should be for that breach
will fall to the court. This is in contrast to enforcement of the licence period which is
enforced through the recall process via NOMS on behalf of the Secretary of State.
1.4
The Post-Sentence Supervision Period has a rehabilitative purpose and the Governor of
the releasing prison must have regard to this when drawing up supervision requirements.
The Supervisor must have the same regard to this rehabilitative purpose when proposing
and implementing these requirements.
1.5
This Instruction uses the term Supervisor which refers to the individual who is responsible
for the case management of the offender and instructing the offender to meet any
requirements imposed during the Post-Sentence Supervision Period.
1.6
This Instruction uses the term Enforcement Officer, which refers to an employee of the
National Probation Service responsible for taking breaches of post-sentence supervision,
community orders or suspended sentence orders to court. In the context of post-sentence
supervision the role of the Enforcement Officer is defined in Schedule 2 to the OR Act
2014. ‘It is the duty of the enforcement officer to consider the case and where appropriate,
to cause an information to be laid before a justice of the peace in respect of the person’s
failure to comply with the requirements.”
Desired outcomes
1.7
This instruction has been issued to ensure that probation staff;

Understand the mandatory actions required of both NPS and CRCs in the
enforcement of Post-Sentence Supervision Requirements.

Are aware of the process dealing with breaches of a requirement of a PostSentence Supervision Period, and of how this differs from dealing with breaches of
Community Orders, Suspended Sentence Orders and licence revocations;
Page 3

Are aware of the sanctions available to the courts with regard to a breach of a
requirement of a Post-Sentence Supervision period.
Application
1.8
All staff involved in the management of offenders subject to Post-Sentence Supervision
Requirements need to be familiar with the contents of this Instruction.
Mandatory actions
1.9
NPS & CRC cases





On the first failure to comply with the Post-Sentence Supervision Conditions
either issue a formal warning or if in the view of the Supervisor the failure to
comply is serious enough then breach proceedings should be commenced
On the second failure to comply issue a second and final warning or if in the view
of the Supervisor the failure to comply is serious enough then breach proceedings
should be commenced. A decision by the Supervisor not to proceed to breach will
require the agreement of a Line Manager or equivalent.
A third failure to comply will require breach action
Supervisors will ensure that a breach information pack of the required
standard (see guidance notes) is sent to the NPS enforcement officer
.
NPS Enforcement Officer must:



1.10
Quality assure the breach information pack for legality and quality and make the
final decision on whether to proceed with the breach (or request additional
Information/documents which the Supervisor must produce where appropriate
apply to the court for a summons and a date to hear the breach of Post-Sentence
Supervision Conditions
present the breach of Post-Sentence Supervision Conditions in court
notify the result of the proceedings to the Supervisor and record on n-Delius within
1 working day
Breach referral timelines




The Supervisor must notify the offender of the potential for breach action within
two working days of the alleged breach occurring
allow six working days for the offender to produce evidence that the failure was
acceptable or produce a court ready breach pack
If no contrary evidence is produced or the evidence is not accepted, the
Supervisor in the CRC or NPS must supply the enforcement officer with the
breach pack within 8 working days of the alleged failure to comply with PostSentence Supervision Conditions
The enforcement officer will within 2 working days lodge the breach application
with the court (within 10 working days of the alleged failure to comply with PSSC
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Resource impact
1.11
Prosecuting alleged breaches of supervision requirements will be reserved to public
sector probation staff, who will have discretion as to whether to lay information before a
court or not. MOJ resource impact modelling is ongoing in determining the volume of
breaches likely to emanate from both the under 12 month and over 12 month cohort.
(Signed)
Colin Allars, Director of Probation, NOMS
on behalf of
Digby Griffith, Director of National Operational Services, NOMS
Page 5
2.
Operating Instructions
2.1
The Post-Sentence Supervision Period begins at the end of the offender’s licence period.
Any breaches of that licence period cannot be carried over to the Post-Sentence
Supervision Period. The licence period is separate from the Post-Sentence Supervision
Period. For example if an offender receives a warning whilst on licence that warning
cannot be counted for enforcement purposes once the Post-Sentence Supervision Period
begins. Also, any alleged breaches that have not been resolved during the licence period
cannot be revisited or activated during the Post-Sentence Supervision Period.
2.2
The decision on whether an offender has failed to comply with the Post-Sentence
Supervision Requirements and what if any sanctions should be imposed for a proven
breach will fall to magistrates’ courts (not to NOMS acting on behalf of the Secretary of
State, as with recall from licence). When considering enforcement action if there are
concerns regarding an increase in the level of risk of harm presented by the offender then
the process for risk/review as outlined in PI 08/2014 Process for Community
Rehabilitation Companies to refer cases in the community to National Probation Service
for Review Risk/Escalation Review needs to be followed.
2.3
The court has the following options where a breach of a requirement under the PostSentence Supervision period is proven:

No action – the offender continues with the requirements of supervision

Fine

Committal to prison for up to 14 days
Impose a Supervision Default Order (SDO). This can be either Unpaid Work
(minimum 20 hours, maximum 60 hours) or an electronically-monitored curfew (with a
minimum of 20 days and no longer than the end of the Post-Sentence Supervision
period).
2.4
If the offender then breaches the SDO, the court can revoke the SDO and apply any of
the above sanctions in 2.4 for the initial breach
2.5
Supervisors should take note of the rehabilitative focus of the Post-Sentence Supervision
Period and view any non-compliance within this rehabilitative framework. There are a
number of reasons why offenders fail to comply and it is not the intention of this
Instruction to provide an exhaustive list. Clearly, every effort must be made by the
Supervisor to allow the offender to submit reasonable excuse for non-compliance.
However, Supervisors should guard against condoning repeated non-compliance and be
guided by the principles of failure of the offender to comply which are:

the failure to comply is indicative of a serious, gross, wilful or fundamental failure
to comply or;

a significant rise in the risk of serious harm or likelihood or re-offending is
presented by the offender
Breach Information
2.6
2.7
Breach Information is a set of documents prepared by the Supervisor to support their
decision to give notice to the enforcement officer to instigate breach proceedings against
the offender
Breach Information must be of sufficient quality to enable the enforcement officer to
present the case. The standard of sufficient quality requires that the breach information
meets the minimum standards of evidence and information required to present the breach
in court and that the evidence and information is accurate, coherent and comprehensive
2.8
Breach Information must include, as applicable:
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





Copies of any Pre-Sentence Reports either Standard, Fast Delivery Report or Oral
Report
Police National Computer record showing previous convictions
CPS documentation including MG5 Police Report (Case Summary)
Copy of the Post-Sentence Supervision Requirements
Copy of the breach presentation report which includes details of any previous
failure to comply with the Post-Sentence Supervision Requirements
proposals for dealing with the alleged breach which should reflect the aim of the
Post-Sentence Supervision Period of promoting rehabilitation in the community
wherever possible and appropriate.
2.9
Following receipt and review of the breach information the Supervisor must provide the
enforcement officer with any additional information requested by the enforcement officer
to enable them to make a decision on whether to proceed with the breach presentation or
to strengthen the case regarding the validity, legality or drafting of the breach information
pack
2.10
Where the breach is contested by an offender the Supervisor must provide the
enforcement officer with any additional information to that contained in 2.9 above as
applicable and requested by the enforcement officer. This information may include:

Witness Statement(s) and the availability of witnesses to attend Court on the date
of the hearing if required

Full case contact records
2.11
Where an alleged breach of a Post-Sentence Supervision Requirement by an offender
subject to NPS or CRC supervision occurs and the breach relates to a service being
delivered by a third party the third party must provide the Supervisor on request, all the
information required by the enforcement officer to present the breach at Court. This
information may include:

Witness Statement(s) (Section 9)

Availability of the relevant third party personnel to attend Court on the date of the
hearing if required
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