UNCLASSIFIED
DETERMINATE SENTENCED PRISONERS TRANSFERRED UNDER THE MENTAL
HEALTH ACT 1983
This instruction applies to
Reference
Prisons
Probation
Issue Date
PSI 18/2013
PI 08/2013
Expiry Date
(Update)
17 September 2013
Issued on the
authority of
For action by
Effective Date
Implementation date
08 July 2013
08 July 2017
NOMS Agency Board
All staff responsible for the development and publication of policy and
instructions
NOMS HQ
All prisons
Contracted Prisons*
Probation Trusts
Governors
Contract Managers in Probation Trusts
Probation Trust Chief Executives
* 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 specification support
All staff responsible for the management of those determinate
sentenced prisoners transferred under the Mental Health Act 1983,
including the issuing of licences. Governors/Directors of Contracted
Prisons.
This PSI provides guidance in relation to the process to follow when
determinate sentenced prisoners are transferred under the Mental
Health Act 1983, including the issuing of licences.
Public Protection Casework Section:
Pre-releaseteamA@noms.gsi.gov.uk
James Hough - 03000 474475, James.hough@noms.gsi.gov.uk
Jenny Stokes - 03000 474365, Jennifer.stokes2@noms.gsi.gov.uk
Parole Help Desk - parolehelpdesk@noms.gsi.gov.uk
Associated documents PSI 19/2013 - Generic Parole Process for Determinate Sentenced
Prisoners (GPP-D)
PSI 40/2012 - Licence and Licence Conditions
PSI 30/2012 - The Legal Aid, Sentencing and Punishment of Offenders
(LASPO) Act 2012 - General Summary of Release and Recall
Provisions
PSI 39/2011 - Categorisation and Recategorisation of Women
Prisoners
PSI 40/2011 - Categorisation and Recategorisation of Adult Male
Contact
UNCLASSIFIED
UNCLASSIFIED
Prisoners
PSI 41/2011 - Categorisation and Recategorisation of Young Adult Male
Prisoners
PSI 03/2006 - Transfer of Prisoners to and from Hospital under
Sections 47 and 48 of the Mental Health Act I983
PSI 72/2011 - Discharge
Replaces the following documents which are hereby cancelled: PSO 6000 - Chapter 11
Audit/monitoring: Governors and Directors of Contracted Prisons must ensure that staff are made
aware of this PSI and comply with the mandatory instructions it contains (shown in italics.) Prisons
must demonstrate compliance with these actions when required to do so.
As an instruction is a mandatory contract variation and in providing contractual services, contract
managers must ensure that Probation staff deliver the mandatory instructions in the PI.
Updated 17 September 2013: Paragraph 2.1 Amended – This update provides clarity of how
a transfer should be recorded on Prison Nomis.
UNCLASSIFIED
UNCLASSIFIED
PAGE 3
CONTENTS
Hold down ‘Ctrl’ and click on section titles below to follow link
For reference by:
Section
Subject
1
Executive Summary
1.1
Background
1.4
Desired outcome
1.5
Application
1.6
Mandatory actions
1.8
Resource impact
2
Operational Instructions
2.1
Automatic Conditional Release, Standard Determinate
Sentenced prisoners and Extended Determinate
Sentenced prisoners transferred to hospital
2.3
Discretionary Conditional Release and Extended
Determinate Sentenced prisoners transferred to hospital
2.12
Discretionary Conditional Release and Extended
Determinate Sentenced prisoners returned from hospital to
prison
2.13
Recall of determinate sentenced prisoners transferred
from prison to hospital under the Mental Health Act
2.15
Non-Parole Licences
2.20
Notifications to the Police
Annex A
First tier tribunal (mental health) disclosure form /
prisoner’s representation
PSI 18/2013 – PI 08/2013
UNCLASSIFIED
NOMS Agency staff
(Headquarters),
Prison, Probation
ISSUE DATE 17/09/2013
UNCLASSIFIED
1.
PAGE 4
Executive Summary
Background
1.1
This guidance replaces that contained in Chapter 11 of PSO 6000 ‘Parole Release and
recall’. The guidance has been amended to reflect updates to naming conventions etc. and
to amend processes to cover the new Extended Determinate Sentence (EDS) which was
introduced in the Legal Aid, Sentencing and Punishment of Offenders Act 2012
(LASPOA12) and which applies to offenders convicted on or after 3 December 2012 (who
would previously have received either an IPP or EPP sentence).
1.2
Determinate sentenced prisoners may be transferred from prison to hospital under the
Mental Health Act 1983 (MHA) at any point in the sentence.
1.3
If a prisoner, who is either (i) subject to discretionary conditional release (DCR) under the
release provisions of Schedule 20B of the Criminal Justice Act 2003 (formerly the release
provisions of the Criminal Justice Act 1991 - where the sentence was for a term of four
years or more and the offence is one contained in Schedule 15 of the 2003 Act), is returned
to prison custody following his/her Parole Eligibility Date (PED) or, (ii) sentenced to an EDS
with a discretionary release date at the two thirds point of the custodial term and is returned
to prison custody following the conditional release date and before the expiry of the
custodial term, the standard Generic Parole Process for Determinate Sentenced Prisoners
as set out in PSI 19/2013 must be followed. The expectation is that the local prison will
have been involved in meetings under section 117 of the Mental Health Act 1983 prior to
the patient being returned to prison custody. This would include obtaining reports from the
hospital to cover progress made there. If the prisoner is not returned to prison before the
Non-Parole Date (NPD) or the expiry of the custodial term (EDS cases) or the Automatic
Release Date (ARD) for a Standard Determinate Sentence (SDS), he/she must be released
and remain subject to supervision in accordance with the sentence. A licence must be
issued at the appropriate time, even if there is doubt about whether the prisoner will leave
hospital before the Licence Expiry Date (or Sentence Expiry Date in respect of prisoners
serving a SDS or EDS). Further guidance on the return of prisoners from High and Medium
Secure Hospitals is contained in PSI 39/2011 on the Categorisation and Recategorisation
of Women Prisoners; PSI 40/2011 on the Categorisation and Recategorisation of Adult
Male Prisoners; and PSI 41/2011 on the Categorisation and Recategorisation of Young
Adult Male Prisoners.
Desired Outcomes
1.4
This instruction is intended to ensure that all staff are fully aware of their role and the
process to be followed when a determinate sentenced prisoner is transferred from prison to
a hospital under the MHA 1983, including their referral to the Parole Board where
appropriate and subsequent release on licence.
Application
1.5
Section 2 of this instruction explains each of the sentences this instruction applies to, the
different process to be followed in each case and who is responsible at each stage.
Mandatory Actions
1.6
All staff responsible for the management of determinate sentenced prisoners transferred
under the MHA, including prison staff, Public Protection Casework Section (PPCS), Mental
Health Caseworking Section (MHCS) in NOMS and Offender Managers, must ensure they
are fully acquainted with this instruction and the mandatory instructions listed. In particular:
PSI 18/2013 – PI 08/2013
UNCLASSIFIED
ISSUE DATE 17/09/2013
UNCLASSIFIED
1.7
PAGE 5

The prison Offender Management Unit (OMU) Staff must arrange for the licence to
be issued for Automatic Conditional Release (ACR) prisoners, EDS prisoners who
are eligible to be released automatically at the two thirds point of the custodial
sentence, and for SDS prisoners after discussion with the Offender Manager.

PPCS will liaise with the MHCS to collate the dossier and issue the licence for
parole eligible DCR cases, and EDS who are eligible to be considered for
discretionary release at the two thirds point of their custodial term.

PPCS will issue the NPD licence where a DCR prisoner remains in hospital until his
NPD or an EDS prisoner eligible to be considered for discretionary release remains
in hospital until the expiry of his custodial term, after discussion with the Offender
Manager. PPCS will approve the licence conditions in these cases.
As an instruction is a mandatory contract variation and in providing contractual services,
contract managers must ensure that Offender Managers deliver the mandatory instructions
in the PI.
Resource Impact
1.8
There are no additional resource implications.
(Signed)
Digby Griffith
Director of National Operational Services, NOMS
PSI 18/2013 – PI 08/2013
UNCLASSIFIED
ISSUE DATE 17/09/2013
UNCLASSIFIED
2.
PAGE 6
Operational Instructions
Automatic Conditional Release, Standard Determinate Sentenced prisoners and Extended
Determinate Sentenced prisoners transferred to hospital
2.1
If an ACR prisoner, SDS prisoner or an EDS prisoner eligible to be released automatically
at the two thirds point of their custodial term is transferred under the Mental Health Act
1983, OMU Staff must bring forward his/her records to one month before the Conditional
Release Date (CRD), PNOMIS should record a release. The OMU Staff must follow the
guidance set out in PSI 40/2012 – Licences and Licence Conditions, in respect of the
consideration of additional and (where applicable) court-recommended licence conditions,
and must arrange for the licence to be issued. This must be signed by the Governor in the
normal way and sent to the Offender Manager or social worker attached to the hospital, so
that it can be explained to the prisoner and served on him/her. Copies must also be
provided for the Chief Executive Officer of the hospital and the Responsible Clinician (RC).
The OMU Staff must ask for signed copies to be returned to the prison for distribution in the
normal way.
2.2
If a young offender (YO) is transferred to hospital from a YOI, the OMU Staff must ensure
that a Notice of Supervision is issued in appropriate cases. If the offender can no longer be
regarded as a YO when the CRD is reached (whether for ACR or SDS prisoners) and the
YOI cannot therefore issue the necessary adult licence, the case must be referred to PPCS
so that it can, exceptionally, issue an ACR/SDS licence.
Discretionary Conditional Release and Extended Determinate Sentenced prisoners
transferred to hospital
2.3
EDS prisoners who are eligible to be considered for discretionary release at the two thirds
point of their custodial term and DCR prisoners transferred to hospital under section 47/49
of the Mental Health Act 1983 are not eligible for review by the Parole Board while they
continue to require treatment in hospital for their mental disorder. However, if the prisoner
is parole eligible and the Secretary of State for Justice is satisfied on the advice of the
Responsible Clinician (RC) or the First Tier Tribunal (Mental Health) that he/she no longer
requires treatment in hospital (or no effective treatment can be given), but that return to
prison would not be appropriate, a parole application may be made. PPCS liaises directly
with MHCS, in such cases and there is no formal role in the review for the prison, although
if there are likely to be old reports (sentence planning documents etc) available PPCS will
request them. However, if such a prisoner is transferred to hospital on a long-term basis,
OMU Staff must inform PPCS to ensure that the Public Protection Unit Database (PPUD) is
updated. This will ensure that information is available should PPCS require it later.
2.4
PPCS identify from PPUD those transferred prisoners who have been found fit enough to
leave hospital but not to return to prison. The PPCS case manager must check for any
existing papers. The responsibility for preparing papers for the Parole Board and referring
the case to the Board rests with PPCS, rather than the last establishment which held the
prisoner.
2.5
The following documents should be available from PPUD:
police report;
previous convictions;
any probation reports prepared for the court;
papers showing progress in hospital (e.g. medical reports which show attitude to the
offence and how that has altered);
any reports from doctors or social workers about suitability for discharge (these will
have been prepared for the First tier Tribunal (Mental Health).
PSI 18/2013 – PI 08/2013
UNCLASSIFIED
ISSUE DATE 17/09/2013
UNCLASSIFIED
PAGE 7
2.6
The establishment which last held the prisoner must also be asked to supply copies of any
sentence planning documents which may have been completed before transfer.
2.7
Prisoners cannot opt out of the parole process. If a prisoner subsequently refuses to
comply with the process, this cannot be regarded as an opt-out of the parole process. The
dossier should be compiled in the normal way, with reports completed as far as report
writers are able.
2.8
The PPCS case manager must identify the Offender Manager and ask for an up-to-date
report in the normal way. This officer should have maintained contact with the prisoner
during the sentence. If no Offender Manager has been allocated, contact must be made
with the probation service local to the hospital.
2.9
Once the dossier has been collated, it must be sent to the prisoner for disclosure and to
give him/her an opportunity to make representations. If the Offender Manager is not local to
the hospital, it may be possible to enlist the help of the hospital social worker in explaining
the dossier to the prisoner. The disclosure form will need to be adapted in every case to
reflect the documents which are available. An example is attached at Annex A.
2.10
Once disclosure has taken place, the case must be formally referred to the Parole Board.
DCR prisoners are referred under paragraph 6 of Schedule 20B of the 2003 Act (formerly
Criminal Justice Act 1991) for those sentenced on or after 1 October 1992, for offences
committed prior to 4 April 2005, to a term of imprisonment of four years or more where the
offence is listed in Schedule 15 of the 2003 Act or where the PED fell before 9 June 2008.
This includes multiple sentences of less than 12 months imposed before 3 December 2012
which total 4 years or more. EDS prisoners are referred to the Parole Board under Section
246A of the 2003 Act (as inserted by section 125 of the LASPOA12). The Board will
process these cases in the normal way.
2.11
In view of the nature of the cases, the Parole Board should send all decisions to PPCS. All
notifications relating to transferred cases must be sent from PPCS and in cases where a
negative decision has been reached, the date when the next review should begin. PPCS
should also be informed of any changes in the prisoner’s circumstances. DCR prisoners
and EDS prisoners must be released on licence in line with PSI 40/2012. PPCS is
responsible for issuing these parole licences.
Discretionary Conditional Release and Extended Determinate Sentenced prisoners returned
from hospital to prison
2.12
If a DCR prisoner or an EDS prisoner eligible to be considered for conditional release at the
two thirds point of their custodial term is returned from hospital to prison before they have
reached the point six months prior to their PED, their parole review should commence in
accordance with the normal timetable for such cases. For those prisoners returned from
hospital to prison and whose PED has passed or a parole review should have already
commenced, OMU Staff must consult PPCS (Pre-releaseteamA@noms.gsi.gov.uk) in order
for a review to be inserted onto PPUD which will commence from the date of the prisoner’s
return to prison.
Recall of prisoners transferred from prison to hospital under the Mental Health Act
2.13
A prisoner who is currently detained in hospital under the Mental Health Act and who would
otherwise be subject to licensed supervision is not liable to recall. At the point at which the
prisoner is discharged from hospital on licence he/she immediately becomes liable to recall.
It is also possible in certain circumstances to revoke the licence on the grounds of
PSI 18/2013 – PI 08/2013
UNCLASSIFIED
ISSUE DATE 17/09/2013
UNCLASSIFIED
PAGE 8
behaviour whilst the prisoner was in hospital. However, before such a recall is agreed the
case should be referred to the Head of Post Release in PPCS.
2.14
A prisoner who has been released from custody on supervision licence, and is
subsequently detained, or ‘sectioned’ under the Mental Health Act 1983, and is in hospital,
may still be considered for recall if there are sufficient reasons to do so. However, in these
circumstances, the fact that the prisoner is already detained in hospital should be noted and
is normally referred to in the Offender Manager’s breach report. This enables PPCS to
consider simultaneously seeking the issue of a Section 47 transfer direction from the
Governor of the release prison, which enables the prisoner to remain in hospital, while
being considered as ‘in custody’ for the purposes of recall.
Non-Parole Licences
2.15
For DCR prisoners and EDS prisoners eligible for consideration for discretionary release, it
is not practical to expect prisons to maintain contact over what could be a very lengthy
period and to take on the responsibility for liaising with the Probation Service and issuing
the licence. The task of issuing DCR and EDS non-parole licences to transferred prisoners
is therefore the responsibility of PPCS.
2.16
If the prisoner is not to be returned to prison, PPCS will identify from PPUD those
transferred prisoners approaching the end of his/her custodial sentence three months
before restrictions cease. MHCS will at the same time write to the relevant Probation
Service CEO to remind him/her of the statutory duty to supervise the patient. In addition, to
assist the identification of relevant prisoners, OMU Staff must notify PPCS of any DCR
prisoners and EDS prisoners eligible for discretionary release transferred to hospital within
six months of their NPD/expiry of their custodial term.
2.17
When notification is received in PPCS, a check must be made for any existing papers on
the prisoner (who may have been transferred after a parole review). If no background
information is available, details of the offence etc. may be available on PPUD or papers
may still be available in the prison which last held the prisoner. These must be obtained.
2.18
The PPCS case manager must identify the Offender Manager and discuss with him/her the
need for any additional licence conditions. The imposition of additional medical conditions
must only be considered after discussion with the supervising psychiatrist, either directly or
through the Offender Manager. If any additional conditions are proposed, these must be
approved in accordance with the guidelines set out in PSI 40/2012.
2.19
Once conditions have been agreed, the PPCS case manager must liaise with the Offender
Manager and hospital about serving the licence. It must be signed, at least, at Band 4/5
level in the Section before being sent out. If the Offender Manager is not local to the
hospital, a social worker there may agree to serve the licence. A signed copy must be
returned to the Section and copies sent (by the Section) to the National Identification
Service (NIS) New Scotland Yard and the Chief Constable of the area to which the prisoner
is being released in the normal way.
Notifications to the Police
2.20
PPCS and/or the Offender Manager will provide a copy of the licence to the National
Identification Service (NIS) New Scotland Yard and the Chief Constable of the area to
which the prisoner is being released.
PSI 18/2013 – PI 08/2013
UNCLASSIFIED
ISSUE DATE 17/09/2013
UNCLASSIFIED
PAGE 9
Annex A
FIRST TIER TRIBUNAL (MENTAL HEALTH) DISCLOSURE FORM / PRISONER'S
REPRESENTATIONS
This form must be issued to the prisoner at the same time that the parole dossier is disclosed.
Prisoner's Name..................
Parole Review No.........
Prison No........................
Parole Ref...............
PED............
NPD.............
Your application for early release on licence is to be considered by the Parole Board and a
member of the Board may visit you to interview you. A copy of your parole dossier has been made
available to you and this form allows you to make any comments on the contents of your dossier
and also give any other information about your application that you feel the Parole Board should
have.
The following reports have been disclosed to you:
Statement by the Secretary of State: Circumstances of Offence
Pre-sentence probation report (if applicable)
Pre-sentence psychiatric report (if applicable)
Court transcription of sentencing remarks (for sentences after 1.1.97)
Previous convictions (if applicable)
Statement by Responsible Authority to the First Tier Tribunal (Mental Health)
Admission summary
Annual Report
Report of Section 117 meeting (if applicable)
Social work reports
Nursing progress report
Psychiatric reports
First Tier Tribunal (Mental Health) (if applicable)
Parole Assessment Report
Copies of previous parole papers (if applicable)
If available, Victim Personal Statement
Other...................................................................
The Parole Board has/has not been given additional information which has been withheld from you
in accordance with guidance issued by the Secretary of State. You have no right to see this
information and no grounds for appeal to the Parole Board or Prison Service. Please sign to
indicate that disclosure has taken place.
Signed.........................
Date.................
I have no comments on the reports I have seen / My comments are as follows
PSI 18/2013 – PI 08/2013
UNCLASSIFIED
ISSUE DATE 17/09/2013
UNCLASSIFIED
PAGE 10
If there is any other information which you feel the Parole Board should have when considering
your case, please record it here (continue on a separate sheet if necessary). The Board will have
to decide whether your early release on licence would put the public at risk, whether you are likely
to commit any further offences and what the chances of you returning to society to lead a lawabiding life will be.
Signed...............................
Name (Caps)..........................
Date.................................
PSI 18/2013 – PI 08/2013
UNCLASSIFIED
ISSUE DATE 17/09/2013
UNCLASSIFIED
EIA
PAGE 1
EQUALITY IMPACT ASSESSMENT
PSI 18/ 2013 - DETERMINATE SENTENCED PRISONERS TRANSFERRED UNDER
THE MENTAL HEALTH ACT 1983
Stage 1 – initial screening
The first stage of conducting an EIA is to screen the policy to determine its relevance to the various
equalities issues. This will indicate whether or not a full impact assessment is required and which
issues should be considered in it. The equalities issues that you should consider in completing this
screening are:







Race
Gender
Gender identity
Disability
Religion or belief
Sexual orientation
Age (including younger and older offenders).
Aims
What are the aims of the policy?
The aim of this new PSI is to replace chapter 11 from PSO 6000 (Parole Release and Recall) on
prisoners transferred under the Mental Health Act 1983. This large and wide ranging PSO is being
replaced in its entirety by a number of separate PSIs on each policy area. Until it was decided to
replace this PSO, there were no immediate plans to update this particular policy area because
there were no significant developments, despite it not being formally updated since the
introduction of the PSO a number of years ago. The decision to replace PSO 6000 completely was
taken in light of all the changes introduced by the Legal Aid, Sentencing and Punishment of
Offenders Act 2012 (LASPOA12).
The changes to this policy are minor in nature such as naming conventions and reference to the
new Extended Determinate Sentence (EDS) which was introduced by LASPOA12.
In summary, prisoners may be transferred from prison to hospital under the Mental Health Act1983
(MHA) at any point in the sentence. This instruction is intended to ensure that all staff are fully
aware of their role and the process to be followed in these determinate cases, including their
referral to the Parole Board where appropriate and subsequent release on licence.
Effects
What effects will the policy have on staff, offenders or other stakeholders?
The policy, with its small changes, will update staff in establishments, Probation Trusts, NOMS
Headquarters (PPCS and MHCS) on the process involved with managing determinate prisoners
transferred under the Mental Act 1983.
PSI 18/2013 – PI 08/2013
UNCLASSIFIED
ISSUE DATE 08/07/2013
UNCLASSIFIED
EIA
PAGE 2
Evidence
Is there any existing evidence of this policy area being relevant to any equalities issue?
Identify existing sources of information about the operation and outcomes of the policy, such as operational
feedback (including local monitoring and impact assessments)/Inspectorate and other relevant
reports/complaints and litigation/relevant research publications etc. Does any of this evidence point towards
relevance to any of the equalities issues?
No. Those that are affected are all those determinate prisoners transferred under the Mental
Health Act 1983.
Stakeholders and feedback
Describe the target group for the policy and list any other interested parties. What contact have
you had with these groups?
The target group is Public Protection Casework Section (PPCS) staff, MHCS staff, Prison staff in
Offender Management Units and Probation Trust staff. Interested parties are the Parole Board.
The draft policy instruction has been circulated within PPCS, MHCS, Security Group, Young
People’s Group, Performance Analysis Group and the Commissioning Support Unit. The
instruction has also been sent to Offender Health Commissioning with feedback received.
Do you have any feedback from stakeholders, particularly from groups representative of the
various issues, that this policy is relevant to them?
Feedback has been received from those consulted as detailed above and has been taken into
account.
Impact
Could the policy have a differential impact on staff, prisoners, visitors or other stakeholders on
the basis of any of the equalities issues?
No, the policy covers all determinate prisoners transferred under the Mental Health Act 1983.
Local discretion
Does the policy allow local discretion in the way in which it is implemented? If so, what
safeguards are there to prevent inconsistent outcomes and/or differential treatment of different
groups of people?
No, the policy covers all determinate prisoners transferred under the Mental Health Act 1983 and
provides clear mandatory instructions.
Summary of relevance to equalities issues
Strand
Race
PSI 18/2013 – PI 08/2013
Yes/No
Rationale
No
UNCLASSIFIED
ISSUE DATE 08/07/2013
UNCLASSIFIED
Strand
Gender (including
gender identity)
Disability
Religion or belief
Sexual orientation
Age (younger offenders)
Age (older offenders)
Yes/No
EIA
PAGE 3
Rationale
No
No
No
No
No
No
If you have answered ‘Yes’ to any of the equalities issues, a full impact assessment must be completed. Please
proceed to STAGE 2 of the document.
If you have answered ‘No’ to all of the equalities issues, a full impact assessment will not be required, and this
assessment can be signed off at this stage. You will, however, need to put in place monitoring arrangements to
ensure that any future impact on any of the equalities issues is identified.
Monitoring and review arrangements
Describe the systems that you are putting in place to manage the policy and to monitor its
operation and outcomes in terms of the various equalities issues.
The instruction provides mandatory actions for Governors, PPCS and MHCS to ensure the policy
is appropriately carried out.
State when a review will take place and how it will be conducted.
PPCS will work with MHCS to monitor policy development and ensure a review takes place as
appropriate.
Policy lead
Head of group
Name and signature
Date
Russell A’Court
15/04/2013
Gordon Davison
16/04/2013
PSI 18/2013 – PI 08/2013
UNCLASSIFIED
ISSUE DATE 08/07/2013